Public Act 094-0556
 
SB0562 Enrolled LRB094 10607 RLC 40928 b

    AN ACT concerning methamphetamine.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Methamphetamine Control and Community Protection Act.
 
    Section 5. Purpose. The purpose of this Act is to reduce
the damage that the manufacture, distribution, and use of
methamphetamine are inflicting on children, families,
communities, businesses, the economy, and the environment in
Illinois. The General Assembly recognizes that methamphetamine
is fundamentally different from other drugs regulated by the
Illinois Controlled Substances Act because the harms relating
to methamphetamine stem not only from the distribution and use
of the drug, but also from the manufacture of the drug in this
State. Because methamphetamine is not only distributed and used
but also manufactured here, and because the manufacture of
methamphetamine is extremely and uniquely harmful, the General
Assembly finds that a separate Act is needed to address the
manufacture, distribution, and use of methamphetamine in
Illinois.
 
    Section 10. Definitions. As used in this Act:
    "Anhydrous ammonia" has the meaning provided in subsection
(d) of Section 3 of the Illinois Fertilizer Act of 1961.
    "Anhydrous ammonia equipment" means all items used to
store, hold, contain, handle, transfer, transport, or apply
anhydrous ammonia for lawful purposes.
    "Booby trap" means any device designed to cause physical
injury when triggered by an act of a person approaching,
entering, or moving through a structure, a vehicle, or any
location where methamphetamine has been manufactured, is being
manufactured, or is intended to be manufactured.
    "Deliver" or "delivery" has the meaning provided in
subsection (h) of Section 102 of the Illinois Controlled
Substances Act.
    "Director" means the Director of State Police or the
Director's designated agents.
    "Dispose" or "disposal" means to abandon, discharge,
release, deposit, inject, dump, spill, leak, or place
methamphetamine waste onto or into any land, water, or well of
any type so that the waste has the potential to enter the
environment, be emitted into the air, or be discharged into the
soil or any waters, including groundwater.
    "Emergency response" means the act of collecting evidence,
securing a methamphetamine laboratory site, methamphetamine
waste site or other methamphetamine-related site and cleaning
up the site, whether these actions are performed by public
entities or private contractors paid by public entities.
    "Emergency service provider" means a local, State, or
federal peace officer, firefighter, emergency medical
technician-ambulance, emergency medical
technician-intermediate, emergency medical
technician-paramedic, ambulance driver, or other medical or
first aid personnel rendering aid, or any agent or designee of
the foregoing.
    "Finished methamphetamine" means methamphetamine in a form
commonly used for personal consumption.
    "Firearm" has the meaning provided in Section 1.1 of the
Firearm Owners Identification Card Act.
    "Manufacture" means to produce, prepare, compound,
convert, process, synthesize, concentrate, purify, separate,
extract, or package any methamphetamine, methamphetamine
precursor, methamphetamine manufacturing catalyst,
methamphetamine manufacturing reagent, methamphetamine
manufacturing solvent, or any substance containing any of the
foregoing.
    "Methamphetamine" means the chemical methamphetamine (a
Schedule II controlled substance under the Illinois Controlled
Substances Act) or any salt, optical isomer, salt of optical
isomer, or analog thereof, with the exception of
3,4-Methylenedioxymethamphetamine (MDMA) or any other
scheduled substance with a separate listing under the Illinois
Controlled Substances Act.
    "Methamphetamine manufacturing catalyst" means any
substance that has been used, is being used, or is intended to
be used to activate, accelerate, extend, or improve a chemical
reaction involved in the manufacture of methamphetamine.
    "Methamphetamine manufacturing environment" means a
structure or vehicle in which:
        (1) methamphetamine is being or has been manufactured;
        (2) chemicals that are being used, have been used, or
    are intended to be used to manufacture methamphetamine are
    stored;
        (3) methamphetamine manufacturing materials that have
    been used to manufacture methamphetamine are stored; or
        (4) methamphetamine manufacturing waste is stored.
    "Methamphetamine manufacturing material" means any
methamphetamine precursor, substance containing any
methamphetamine precursor, methamphetamine manufacturing
catalyst, substance containing any methamphetamine
manufacturing catalyst, methamphetamine manufacturing reagent,
substance containing any methamphetamine manufacturing
reagent, methamphetamine manufacturing solvent, substance
containing any methamphetamine manufacturing solvent, or any
other chemical, substance, ingredient, equipment, apparatus,
or item that is being used, has been used, or is intended to be
used in the manufacture of methamphetamine.
    "Methamphetamine manufacturing reagent" means any
substance other than a methamphetamine manufacturing catalyst
that has been used, is being used, or is intended to be used to
react with and chemically alter any methamphetamine precursor.
    "Methamphetamine manufacturing solvent" means any
substance that has been used, is being used, or is intended to
be used as a medium in which any methamphetamine precursor,
methamphetamine manufacturing catalyst, methamphetamine
manufacturing reagent, or any substance containing any of the
foregoing is dissolved, diluted, or washed during any part of
the methamphetamine manufacturing process.
    "Methamphetamine manufacturing waste" means any chemical,
substance, ingredient, equipment, apparatus, or item that is
left over from, results from, or is produced by the process of
manufacturing methamphetamine, other than finished
methamphetamine.
    "Methamphetamine precursor" means ephedrine,
pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,
phenylacetone, phenyl-2-propanone, P2P, or any salt, optical
isomer, or salt of an optical isomer of any of these chemicals.
    "Multi-unit dwelling" means a unified structure used or
intended for use as a habitation, home, or residence that
contains 2 or more condominiums, apartments, hotel rooms, motel
rooms, or other living units.
    "Package" means an item marked for retail sale that is not
designed to be further broken down or subdivided for the
purpose of retail sale.
    "Participate" or "participation" in the manufacture of
methamphetamine means to produce, prepare, compound, convert,
process, synthesize, concentrate, purify, separate, extract,
or package any methamphetamine, methamphetamine precursor,
methamphetamine manufacturing catalyst, methamphetamine
manufacturing reagent, methamphetamine manufacturing solvent,
or any substance containing any of the foregoing, or to assist
in any of these actions, or to attempt to take any of these
actions, regardless of whether this action or these actions
result in the production of finished methamphetamine.
    "Person with a disability" means a person who suffers from
a permanent physical or mental impairment resulting from
disease, injury, functional disorder, or congenital condition
which renders the person incapable of adequately providing for
his or her own health and personal care.
    "Procure" means to purchase, steal, gather, or otherwise
obtain, by legal or illegal means, or to cause another to take
such action.
    "Second or subsequent offense" means an offense under this
Act committed by an offender who previously committed an
offense under this Act, the Illinois Controlled Substances Act,
the Cannabis Control Act, or another Act of this State, another
state, or the United States relating to methamphetamine,
cannabis, or any other controlled substance.
    "Standard dosage form", as used in relation to any
methamphetamine precursor, means that the methamphetamine
precursor is contained in a pill, tablet, capsule, caplet, gel
cap, or liquid cap that has been manufactured by a lawful
entity and contains a standard quantity of methamphetamine
precursor.
    "Unauthorized container", as used in relation to anhydrous
ammonia, means any container that is not designed for the
specific and sole purpose of holding, storing, transporting, or
applying anhydrous ammonia. "Unauthorized container" includes,
but is not limited to, any propane tank, fire extinguisher,
oxygen cylinder, gasoline can, food or beverage cooler, or
compressed gas cylinder used in dispensing fountain drinks.
"Unauthorized container" does not encompass anhydrous ammonia
manufacturing plants, refrigeration systems where anhydrous
ammonia is used solely as a refrigerant, anhydrous ammonia
transportation pipelines, anhydrous ammonia tankers, or
anhydrous ammonia barges.
 
    Section 15. Participation in methamphetamine
manufacturing.
    (a) Participation in methamphetamine manufacturing.
        (1) It is unlawful to participate in the manufacture of
    methamphetamine with the intent that methamphetamine or a
    substance containing methamphetamine be produced.
        (2) A person who violates paragraph (1) of this
    subsection (a) is subject to the following penalties:
            (A) A person who participates in the manufacture of
        less than 15 grams of methamphetamine or a substance
        containing methamphetamine is guilty of a Class 1
        felony.
            (B) A person who participates in the manufacture of
        15 or more grams but less than 100 grams of
        methamphetamine or a substance containing
        methamphetamine is guilty of a Class X felony, subject
        to a term of imprisonment of not less than 6 years and
        not more than 30 years, and subject to a fine not to
        exceed $100,000 or the street value of the
        methamphetamine manufactured, whichever is greater.
            (C) A person who participates in the manufacture of
        100 or more grams but less than 400 grams of
        methamphetamine or a substance containing
        methamphetamine is guilty of a Class X felony, subject
        to a term of imprisonment of not less than 9 years and
        not more than 40 years, and subject to a fine not to
        exceed $200,000 or the street value of the
        methamphetamine manufactured, whichever is greater.
            (D) A person who participates in the manufacture of
        400 or more grams but less than 900 grams of
        methamphetamine or a substance containing
        methamphetamine is guilty of a Class X felony, subject
        to a term of imprisonment of not less than 12 years and
        not more than 50 years, and subject to a fine not to
        exceed $300,000 or the street value of the
        methamphetamine manufactured, whichever is greater.
            (E) A person who participates in the manufacture of
        900 grams or more of methamphetamine or a substance
        containing methamphetamine is guilty of a Class X
        felony, subject to a term of imprisonment of not less
        than 15 years and not more than 60 years, and subject
        to a fine not to exceed $400,000 or the street value of
        the methamphetamine, whichever is greater.
    (b) Aggravated participation in methamphetamine
manufacturing.
        (1) It is unlawful to engage in aggravated
    participation in the manufacture of methamphetamine. A
    person engages in aggravated participation in the
    manufacture of methamphetamine when the person violates
    paragraph (1) of subsection (a) and:
            (A) the person knowingly does so in a multi-unit
        dwelling;
            (B) the person knowingly does so in a structure or
        vehicle where a child under the age of 18, a person
        with a disability, or a person 60 years of age or older
        who is incapable of adequately providing for his or her
        own health and personal care resides, is present, or is
        endangered by the manufacture of methamphetamine;
            (C) the person does so in a structure or vehicle
        where a woman the person knows to be pregnant
        (including but not limited to the person herself)
        resides, is present, or is endangered by the
        methamphetamine manufacture;
            (D) the person knowingly does so in a structure or
        vehicle protected by one or more firearms, explosive
        devices, booby traps, alarm systems, surveillance
        systems, guard dogs, or dangerous animals;
            (E) the methamphetamine manufacturing in which the
        person participates is a contributing cause of the
        death, serious bodily injury, disability, or
        disfigurement of another person, including but not
        limited to an emergency service provider;
            (F) the methamphetamine manufacturing in which the
        person participates is a contributing cause of a fire
        or explosion that damages property belonging to
        another person; or
            (G) the person knowingly organizes, directs, or
        finances the methamphetamine manufacturing or
        activities carried out in support of the
        methamphetamine manufacturing.
        (2) A person who violates paragraph (1) of this
    subsection (b) is subject to the following penalties:
            (A) A person who participates in the manufacture of
        less than 15 grams of methamphetamine or a substance
        containing methamphetamine is guilty of a Class X
        felony, subject to a term of imprisonment of not less
        than 6 years and not more than 30 years, and subject to
        a fine not to exceed $100,000 or the street value of
        the methamphetamine, whichever is greater.
            (B) A person who participates in the manufacture of
        15 or more grams but less than 100 grams of
        methamphetamine or a substance containing
        methamphetamine is guilty of a Class X felony, subject
        to a term of imprisonment of not less than 9 years and
        not more than 40 years, and subject to a fine not to
        exceed $200,000 or the street value of the
        methamphetamine, whichever is greater.
            (C) A person who participates in the manufacture of
        100 or more grams but less than 400 grams of
        methamphetamine or a substance containing
        methamphetamine is guilty of a Class X felony, subject
        to a term of imprisonment of not less than 12 years and
        not more than 50 years, and subject to a fine not to
        exceed $300,000 or the street value of the
        methamphetamine, whichever is greater.
            (D) A person who participates in the manufacture of
        400 grams or more of methamphetamine or a substance
        containing methamphetamine is guilty of a Class X
        felony, subject to a term of imprisonment of not less
        than 15 years and not more than 60 years, and subject
        to a fine not to exceed $400,000 or the street value of
        the methamphetamine, whichever is greater.
 
    Section 20. Methamphetamine precursor.
    (a) Methamphetamine precursor or substance containing any
methamphetamine precursor in standard dosage form.
        (1) It is unlawful to possess, procure, transport,
    store, or deliver any methamphetamine precursor or
    substance containing any methamphetamine precursor in
    standard dosage form with the intent that it be used to
    manufacture methamphetamine or a substance containing
    methamphetamine.
        (2) A person who violates paragraph (1) of this
    subsection (a) is subject to the following penalties:
            (A) A person who possesses, procures, transports,
        stores, or delivers less than 15 grams of
        methamphetamine precursor or substance containing any
        methamphetamine precursor is guilty of a Class 2
        felony.
            (B) A person who possesses, procures, transports,
        stores, or delivers 15 or more grams but less than 30
        grams of methamphetamine precursor or substance
        containing any methamphetamine precursor is guilty of
        a Class 1 felony.
            (C) A person who possesses, procures, transports,
        stores, or delivers 30 or more grams but less than 150
        grams of methamphetamine precursor or substance
        containing any methamphetamine precursor is guilty of
        a Class X felony, subject to a term of imprisonment of
        not less than 6 years and not more than 30 years, and
        subject to a fine not to exceed $100,000.
            (D) A person who possesses, procures, transports,
        stores, or delivers 150 or more grams but less than 500
        grams of methamphetamine precursor or substance
        containing any methamphetamine precursor is guilty of
        a Class X felony, subject to a term of imprisonment of
        not less than 8 years and not more than 40 years, and
        subject to a fine not to exceed $200,000.
            (E) A person who possesses, procures, transports,
        stores, or delivers 500 or more grams of
        methamphetamine precursor or substance containing any
        methamphetamine precursor is guilty of a Class X
        felony, subject to a term of imprisonment of not less
        than 10 years and not more than 50 years, and subject
        to a fine not to exceed $300,000.
    (b) Methamphetamine precursor or substance containing any
methamphetamine precursor in any form other than a standard
dosage form.
        (1) It is unlawful to possess, procure, transport,
    store, or deliver any methamphetamine precursor or
    substance containing any methamphetamine precursor in any
    form other than a standard dosage form with the intent that
    it be used to manufacture methamphetamine or a substance
    containing methamphetamine.
        (2) A person who violates paragraph (1) of this
    subsection (b) is subject to the following penalties:
            (A) A person who violates paragraph (1) of this
        subsection (b) with the intent that less than 10 grams
        of methamphetamine or a substance containing
        methamphetamine be manufactured is guilty of a Class 2
        felony.
            (B) A person who violates paragraph (1) of this
        subsection (b) with the intent that 10 or more grams
        but less than 20 grams of methamphetamine or a
        substance containing methamphetamine be manufactured
        is guilty of a Class 1 felony.
            (C) A person who violates paragraph (1) of this
        subsection (b) with the intent that 20 or more grams
        but less than 100 grams of methamphetamine or a
        substance containing methamphetamine be manufactured
        is guilty of a Class X felony, subject to a term of
        imprisonment of not less than 6 years and not more than
        30 years, and subject to a fine not to exceed $100,000.
            (D) A person who violates paragraph (1) of this
        subsection (b) with the intent that 100 or more grams
        but less than 350 grams of methamphetamine or a
        substance containing methamphetamine be manufactured
        is guilty of a Class X felony, subject to a term of
        imprisonment of not less than 8 years and not more than
        40 years, and subject to a fine not to exceed $200,000.
            (E) A person who violates paragraph (1) of this
        subsection (b) with the intent that 350 or more grams
        of methamphetamine or a substance containing
        methamphetamine be manufactured is guilty of a Class X
        felony, subject to a term of imprisonment of not less
        than 10 years and not more than 50 years, and subject
        to a fine not to exceed $300,000.
    (c) Rule of evidence. The presence of any methamphetamine
precursor in a sealed, factory imprinted container, including,
but not limited to, a bottle, box, package, or blister pack, at
the time of seizure by law enforcement, is prima facie evidence
that the methamphetamine precursor located within the
container is in fact the material so described and in the
amount listed on the container. The factory imprinted container
is admissible for a violation of this Act for purposes of
proving the contents of the container.
 
    Section 25. Anhydrous ammonia.
    (a) Possession, procurement, transportation, storage, or
delivery of anhydrous ammonia with the intent that it be used
to manufacture methamphetamine.
        (1) It is unlawful to engage in the possession,
    procurement, transportation, storage, or delivery of
    anhydrous ammonia or to attempt to engage in any of these
    activities or to assist another in engaging in any of these
    activities with the intent that the anhydrous ammonia be
    used to manufacture methamphetamine.
        (2) A person who violates paragraph (1) of this
    subsection (a) is guilty of a Class 1 felony.
    (b) Aggravated possession, procurement, transportation,
storage, or delivery of anhydrous ammonia with the intent that
it be used to manufacture methamphetamine.
        (1) It is unlawful to engage in the aggravated
    possession, procurement, transportation, storage, or
    delivery of anhydrous ammonia with the intent that it be
    used to manufacture methamphetamine. A person commits this
    offense when the person engages in the possession,
    procurement, transportation, storage, or delivery of
    anhydrous ammonia or attempts to engage in any of these
    activities or assists another in engaging in any of these
    activities with the intent that the anhydrous ammonia be
    used to manufacture methamphetamine and:
            (A) the person knowingly does so in a multi-unit
        dwelling;
            (B) the person knowingly does so in a structure or
        vehicle where a child under the age of 18, or a person
        with a disability, or a person who is 60 years of age
        or older who is incapable of adequately providing for
        his or her own health and personal care resides, is
        present, or is endangered by the anhydrous ammonia;
            (C) the person's possession, procurement,
        transportation, storage, or delivery of anhydrous
        ammonia is a contributing cause of the death, serious
        bodily injury, disability, or disfigurement of another
        person; or
            (D) the person's possession, procurement,
        transportation, storage, or delivery of anhydrous
        ammonia is a contributing cause of a fire or explosion
        that damages property belonging to another person.
        (2) A person who violates paragraph (1) of this
    subsection (b) is guilty of a Class X felony, subject to a
    term of imprisonment of not less than 6 years and not more
    than 30 years, and subject to a fine not to exceed
    $100,000.
    (c) Possession, procurement, transportation, storage, or
delivery of anhydrous ammonia in an unauthorized container.
        (1) It is unlawful to possess, procure, transport,
    store, or deliver anhydrous ammonia in an unauthorized
    container.
        (2) A person who violates paragraph (1) of this
    subsection (c) is guilty of a Class 3 felony.
        (3) Affirmative defense. It is an affirmative defense
    that the person charged possessed, procured, transported,
    stored, or delivered anhydrous ammonia in a manner that
    substantially complied with the rules governing anhydrous
    ammonia equipment found in 8 Illinois Administrative Code
    Section 215, in 92 Illinois Administrative Code Sections
    171 through 180, or in any provision of the Code of Federal
    Regulations incorporated by reference into these Sections
    of the Illinois Administrative Code.
    (d) Tampering with anhydrous ammonia equipment.
        (1) It is unlawful to tamper with anhydrous ammonia
    equipment. A person tampers with anhydrous ammonia
    equipment when, without authorization from the lawful
    owner, the person:
            (A) removes or attempts to remove anhydrous
        ammonia from the anhydrous ammonia equipment used by
        the lawful owner;
            (B) damages or attempts to damage the anhydrous
        ammonia equipment used by the lawful owner; or
            (C) vents or attempts to vent anhydrous ammonia
        into the environment.
        (2) A person who violates paragraph (1) of this
    subsection (d) is guilty of a Class 3 felony.
 
    Section 30. Methamphetamine manufacturing material.
    (a) It is unlawful to engage in the possession,
procurement, transportation, storage, or delivery of any
methamphetamine manufacturing material, other than a
methamphetamine precursor, substance containing a
methamphetamine precursor, or anhydrous ammonia, with the
intent that it be used to manufacture methamphetamine.
    (b) A person who violates subsection (a) of this Section is
guilty of a Class 2 felony.
 
    Section 35. Use of property.
    (a) It is unlawful for a person knowingly to use or allow
the use of a vehicle, a structure, real property, or personal
property within the person's control to help bring about a
violation of this Act.
    (b) A person who violates subsection (a) of this Section is
guilty of a Class 2 felony.
 
    Section 40. Protection of methamphetamine manufacturing.
    (a) It is unlawful to engage in the protection of
methamphetamine manufacturing. A person engages in the
protection of methamphetamine manufacturing when:
        (1) the person knows that others have been
    participating, are participating, or will be participating
    in the manufacture of methamphetamine; and
        (2) with the intent to help prevent detection of or
    interference with the methamphetamine manufacturing, the
    person serves as a lookout for or guard of the
    methamphetamine manufacturing.
    (b) A person who violates subsection (a) of this Section is
guilty of a Class 2 felony.
 
    Section 45. Methamphetamine manufacturing waste.
    (a) It is unlawful to knowingly burn, place in a trash
receptacle, or dispose of methamphetamine manufacturing waste.
    (b) A person who violates subsection (a) of this Section is
guilty of a Class 2 felony.
 
    Section 50. Methamphetamine-related child endangerment.
    (a) Methamphetamine-related child endangerment.
        (1) It is unlawful to engage in
    methamphetamine-related child endangerment. A person
    engages in methamphetamine-related child endangerment when
    the person knowingly endangers the life and health of a
    child by exposing or allowing exposure of the child to a
    methamphetamine manufacturing environment.
        (2) A person who violates paragraph (1) of this
    subsection (a) is guilty of a Class 2 felony.
    (b) Aggravated methamphetamine-related child endangerment.
        (1) It is unlawful to engage in aggravated
    methamphetamine-related child endangerment. A person
    engages in aggravated methamphetamine-related child
    endangerment when the person violates paragraph (1) of this
    subsection (a) of this Section and the child experiences
    death, great bodily harm, disability, or disfigurement as a
    result of the methamphetamine-related child endangerment.
        (2) A person who violates paragraph (1) of this
    subsection (b) is guilty of a Class X felony, subject to a
    term of imprisonment of not less than 6 years and not more
    than 30 years, and subject to a fine not to exceed
    $100,000.
 
    Section 55. Methamphetamine delivery.
    (a) Delivery or possession with intent to deliver
methamphetamine or a substance containing methamphetamine.
        (1) It is unlawful knowingly to engage in the delivery
    or possession with intent to deliver methamphetamine or a
    substance containing methamphetamine.
        (2) A person who violates paragraph (1) of this
    subsection (a) is subject to the following penalties:
            (A) A person who delivers or possesses with intent
        to deliver less than 5 grams of methamphetamine or a
        substance containing methamphetamine is guilty of a
        Class 2 felony.
            (B) A person who delivers or possesses with intent
        to deliver 5 or more grams but less than 15 grams of
        methamphetamine or a substance containing
        methamphetamine is guilty of a Class 1 felony.
            (C) A person who delivers or possesses with intent
        to deliver 15 or more grams but less than 100 grams of
        methamphetamine or a substance containing
        methamphetamine is guilty of a Class X felony, subject
        to a term of imprisonment of not less than 6 years and
        not more than 30 years, and subject to a fine not to
        exceed $100,000 or the street value of the
        methamphetamine, whichever is greater.
            (D) A person who delivers or possesses with intent
        to deliver 100 or more grams but less than 400 grams of
        methamphetamine or a substance containing
        methamphetamine is guilty of a Class X felony, subject
        to a term of imprisonment of not less than 9 years and
        not more than 40 years, and subject to a fine not to
        exceed $200,000 or the street value of the
        methamphetamine, whichever is greater.
            (E) A person who delivers or possesses with intent
        to deliver 400 or more grams but less than 900 grams of
        methamphetamine or a substance containing
        methamphetamine is guilty of a Class X felony, subject
        to a term of imprisonment of not less than 12 years and
        not more than 50 years, and subject to a fine not to
        exceed $300,000 or the street value of the
        methamphetamine, whichever is greater.
            (F) A person who delivers or possesses with intent
        to deliver 900 or more grams of methamphetamine or a
        substance containing methamphetamine is guilty of a
        Class X felony, subject to a term of imprisonment of
        not less than 15 years and not more than 60 years, and
        subject to a fine not to exceed $400,000 or the street
        value of the methamphetamine, whichever is greater.
    (b) Aggravated delivery or possession with intent to
deliver methamphetamine or a substance containing
methamphetamine.
        (1) It is unlawful to engage in the aggravated delivery
    or possession with intent to deliver methamphetamine or a
    substance containing methamphetamine. A person engages in
    the aggravated delivery or possession with intent to
    deliver methamphetamine or a substance containing
    methamphetamine when the person violates paragraph (1) of
    subsection (a) of this Section and:
            (A) the person is at least 18 years of age and
        knowingly delivers or possesses with intent to deliver
        the methamphetamine or substance containing
        methamphetamine to a person under 18 years of age;
            (B) the person is at least 18 years of age and
        knowingly uses, engages, employs, or causes another
        person to use, engage, or employ a person under 18
        years of age to deliver the methamphetamine or
        substance containing methamphetamine;
            (C) the person knowingly delivers or possesses
        with intent to deliver the methamphetamine or
        substance containing methamphetamine in any structure
        or vehicle protected by one or more firearms, explosive
        devices, booby traps, alarm systems, surveillance
        systems, guard dogs, or dangerous animals;
            (D) the person knowingly delivers or possesses
        with intent to deliver the methamphetamine or
        substance containing methamphetamine in any school, on
        any real property comprising any school, or in any
        conveyance owned, leased, or contracted by a school to
        transport students to or from school or a
        school-related activity;
            (E) the person delivers or causes another person to
        deliver the methamphetamine or substance containing
        methamphetamine to a woman that the person knows to be
        pregnant; or
            (F) the person knowingly brings or causes another
        to bring the methamphetamine or substance containing
        methamphetamine into Illinois from a location outside
        of Illinois.
        (2) A person who violates paragraph (1) of this
    subsection (b) is subject to the following penalties:
            (A) A person who delivers or possesses with intent
        to deliver less than 5 grams of methamphetamine or a
        substance containing methamphetamine is guilty of a
        Class 1 felony.
            (B) A person who delivers or possesses with intent
        to deliver 5 or more grams but less than 15 grams of
        methamphetamine or a substance containing
        methamphetamine is guilty of a Class X felony, subject
        to a term of imprisonment of not less than 6 years and
        not more than 30 years, and subject to a fine not to
        exceed $100,000 or the street value of the
        methamphetamine, whichever is greater.
            (C) A person who delivers or possesses with intent
        to deliver 15 or more grams but less than 100 grams of
        methamphetamine or a substance containing
        methamphetamine is guilty of a Class X felony, subject
        to a term of imprisonment of not less than 8 years and
        not more than 40 years, and subject to a fine not to
        exceed $200,000 or the street value of the
        methamphetamine, whichever is greater.
            (D) A person who delivers or possesses with intent
        to deliver 100 or more grams of methamphetamine or a
        substance containing methamphetamine is guilty of a
        Class X felony, subject to a term of imprisonment of
        not less than 10 years and not more than 50 years, and
        subject to a fine not to exceed $300,000 or the street
        value of the methamphetamine, whichever is greater.
 
    Section 60. Methamphetamine possession.
    (a) It is unlawful knowingly to possess methamphetamine or
a substance containing methamphetamine.
    (b) A person who violates subsection (a) is subject to the
following penalties:
        (1) A person who possesses less than 5 grams of
    methamphetamine or a substance containing methamphetamine
    is guilty of a Class 3 felony.
        (2) A person who possesses 5 or more grams but less
    than 15 grams of methamphetamine or a substance containing
    methamphetamine is guilty of a Class 2 felony.
        (3) A person who possesses 15 or more grams but less
    than 100 grams of methamphetamine or a substance containing
    methamphetamine is guilty of a Class 1 felony.
        (4) A person who possesses 100 or more grams but less
    than 400 grams of methamphetamine or a substance containing
    methamphetamine is guilty of a Class X felony, subject to a
    term of imprisonment of not less than 6 years and not more
    than 30 years, and subject to a fine not to exceed
    $100,000.
        (5) A person who possesses 400 or more grams but less
    than 900 grams of methamphetamine or a substance containing
    methamphetamine is guilty of a Class X felony, subject to a
    term of imprisonment of not less than 8 years and not more
    than 40 years, and subject to a fine not to exceed
    $200,000.
        (6) A person who possesses 900 or more grams of
    methamphetamine or a substance containing methamphetamine
    is guilty of a Class X felony, subject to a term of
    imprisonment of not less than 10 years and not more than 50
    years, and subject to a fine not to exceed $300,000.
 
    Section 65. Methamphetamine conspiracy.
    (a) It is unlawful to engage in a methamphetamine
conspiracy. A person engages in a methamphetamine conspiracy
when:
        (1) the person intends to violate one or more
    provisions of this Act;
        (2) the person agrees with one or more persons to
    violate one or more provisions of this Act; and
        (3) the person or any party to the agreement commits an
    act in furtherance of the agreement.
    (b) A person convicted of engaging in a methamphetamine
conspiracy shall face the penalty for the offense that is the
object of the conspiracy and may be held accountable for the
cumulative weight of any methamphetamine, substance containing
methamphetamine, methamphetamine precursor, or substance
containing methamphetamine precursor attributable to the
conspiracy for the duration of the conspiracy.
    (c) It is not a defense to a methamphetamine conspiracy
charge that the person or persons with whom the person charged
is alleged to have conspired have not been prosecuted or
convicted, have been acquitted, have been convicted of a
different offense, are not amenable to justice, or lacked the
capacity to commit the offense.
    (d) When any person is convicted under this Section of
engaging in a methamphetamine conspiracy, the following shall
be subject to forfeiture to the State of Illinois: the receipts
the person obtained in the conspiracy and any of the person's
interests in, claims against, receipts from, or property or
rights of any kind affording a source of influence over, the
conspiracy. The circuit court may enter such injunctions,
restraining orders, directions, or prohibitions, or take such
other actions, including the acceptance of satisfactory
performance bonds, in connection with any property, claim,
receipt, right, or other interest subject to forfeiture under
this Section, as it deems proper.
 
    Section 70. Probation.
    (a) Whenever any person who has not previously been
convicted of, or placed on probation or court supervision for
any offense under this Act, the Illinois Controlled Substances
Act, the Cannabis Control Act, or any law of the United States
or of any state relating to cannabis or controlled substances,
pleads guilty to or is found guilty of possession of less than
15 grams of methamphetamine under paragraph (1) or (2) of
subsection (b) of Section 60 of this Act, the court, without
entering a judgment and with the consent of the person, may
sentence him or her to probation.
    (b) When a person is placed on probation, the court shall
enter an order specifying a period of probation of 24 months
and shall defer further proceedings in the case until the
conclusion of the period or until the filing of a petition
alleging violation of a term or condition of probation.
    (c) The conditions of probation shall be that the person:
        (1) not violate any criminal statute of any
    jurisdiction;
        (2) refrain from possessing a firearm or other
    dangerous weapon;
        (3) submit to periodic drug testing at a time and in a
    manner as ordered by the court, but no less than 3 times
    during the period of the probation, with the cost of the
    testing to be paid by the probationer; and
        (4) perform no less than 30 hours of community service,
    if community service is available in the jurisdiction and
    is funded and approved by the county board.
    (d) The court may, in addition to other conditions, require
that the person take one or more of the following actions:
        (1) make a report to and appear in person before or
    participate with the court or such courts, person, or
    social service agency as directed by the court in the order
    of probation;
        (2) pay a fine and costs;
        (3) work or pursue a course of study or vocational
    training;
        (4) undergo medical or psychiatric treatment; or
    treatment or rehabilitation approved by the Illinois
    Department of Human Services;
        (5) attend or reside in a facility established for the
    instruction or residence of defendants on probation;
        (6) support his or her dependents;
        (7) refrain from having in his or her body the presence
    of any illicit drug prohibited by this Act, the Cannabis
    Control Act, or the Illinois Controlled Substances Act,
    unless prescribed by a physician, and submit samples of his
    or her blood or urine or both for tests to determine the
    presence of any illicit drug; or
        (8) if a minor:
            (i) reside with his or her parents or in a foster
        home;
            (ii) attend school;
            (iii) attend a non-residential program for youth;
        or
            (iv) contribute to his or her own support at home
        or in a foster home.
    (e) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and
proceed as otherwise provided.
    (f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss the
proceedings against the person.
    (g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, discharge and dismissal
under this Section is not a conviction for purposes of this Act
or for purposes of disqualifications or disabilities imposed by
law upon conviction of a crime.
    (h) There may be only one discharge and dismissal under
this Section, Section 410 of the Illinois Controlled Substances
Act, or Section 10 of the Cannabis Control Act with respect to
any person.
    (i) If a person is convicted of an offense under this Act,
the Cannabis Control Act, or the Illinois Controlled Substances
Act within 5 years subsequent to a discharge and dismissal
under this Section, the discharge and dismissal under this
Section are admissible in the sentencing proceeding for that
conviction as evidence in aggravation.
 
    Section 75. Fines.
    (a) Whenever any person pleads guilty to, is found guilty
of, or is placed on supervision for an offense under this Act,
a fine may be levied in addition to any other penalty imposed
by the court.
    (b) In determining whether to impose a fine under this
Section and the amount, time for payment, and method of payment
of any fine so imposed, the court shall:
        (1) consider the defendant's income, regardless of
    source, the defendant's earning capacity and the
    defendant's financial resources, as well as the nature of
    the burden the fine will impose on the defendant and any
    person legally or financially dependent upon the
    defendant;
        (2) consider the proof received at trial, or as a
    result of a plea of guilty, concerning the full street
    value of the controlled substances seized and any profits
    or other proceeds derived by the defendant from the
    violation of this Act;
        (3) take into account any other pertinent equitable
    considerations; and
        (4) give primary consideration to the need to deprive
    the defendant of illegally obtained profits or other
    proceeds from the offense.
    For the purpose of paragraph (2) of this subsection (b),
"street value" shall be determined by the court on the basis of
testimony of law enforcement personnel and the defendant as to
the amount seized and such testimony as may be required by the
court as to the current street value of the controlled
substances.
    (c) As a condition of a fine, the court may require that
payment be made in specified installments or within a specified
period of time, but the period shall not be greater than the
maximum applicable term of probation or imprisonment,
whichever is greater. Unless otherwise specified, payment of a
fine shall be due immediately.
    (d) If a fine for a violation of this Act is imposed on an
organization, it is the duty of each individual authorized to
make disbursements of the assets of the organization to pay the
fine from the assets of the organization.
    (e) A defendant who has been sentenced to pay a fine, and
who has paid part but not all of the fine, may petition the
court for an extension of the time for payment or modification
of the method of payment. The court may grant the petition if
it finds that:
        (1) the circumstances that warranted payment by the
    time or method specified no longer exist; or
        (2) it is otherwise unjust to require payment of the
    fine by the time or method specified.
 
    Section 80. Assessment.
    (a) Every person convicted of a violation of this Act, and
every person placed on probation, conditional discharge,
supervision, or probation under this Act, shall be assessed for
each offense a sum fixed at:
        (1) $3,000 for a Class X felony;
        (2) $2,000 for a Class 1 felony;
        (3) $1,000 for a Class 2 felony;
        (4) $500 for a Class 3 or Class 4 felony.
    (b) The assessment under this Section is in addition to and
not in lieu of any fines, restitution, costs, forfeitures, or
other assessments authorized or required by law.
    (c) As a condition of the assessment, the court may require
that payment be made in specified installments or within a
specified period of time. If the assessment is not paid within
the period of probation, conditional discharge, or supervision
to which the defendant was originally sentenced, the court may
extend the period of probation, conditional discharge, or
supervision pursuant to Section 5-6-2 or 5-6-3.1 of the Unified
Code of Corrections, as applicable, until the assessment is
paid or until successful completion of public or community
service set forth in subsection (e) or the successful
completion of the substance abuse intervention or treatment
program set forth in subsection (f). If a term of probation,
conditional discharge, or supervision is not imposed, the
assessment shall be payable upon judgment or as directed by the
court.
    (d) If an assessment for a violation of this Act is imposed
on an organization, it is the duty of each individual
authorized to make disbursements of the assets of the
organization to pay the assessment from assets of the
organization.
    (e) A defendant who has been ordered to pay an assessment
may petition the court to convert all or part of the assessment
into court-approved public or community service. One hour of
public or community service shall be equivalent to $4 of
assessment. The performance of this public or community service
shall be a condition of the probation, conditional discharge,
or supervision and shall be in addition to the performance of
any other period of public or community service ordered by the
court or required by law.
    (f) The court may suspend the collection of the assessment
imposed under this Section if the defendant agrees to enter a
substance abuse intervention or treatment program approved by
the court and the defendant agrees to pay for all or some
portion of the costs associated with the intervention or
treatment program. In this case, the collection of the
assessment imposed under this Section shall be suspended during
the defendant's participation in the approved intervention or
treatment program. Upon successful completion of the program,
the defendant may apply to the court to reduce the assessment
imposed under this Section by any amount actually paid by the
defendant for his or her participation in the program. The
court shall not reduce the penalty under this subsection unless
the defendant establishes to the satisfaction of the court that
he or she has successfully completed the intervention or
treatment program. If the defendant's participation is for any
reason terminated before his or her successful completion of
the intervention or treatment program, collection of the entire
assessment imposed under this Section shall be enforced.
Nothing in this Section shall be deemed to affect or suspend
any other fines, restitution costs, forfeitures, or
assessments imposed under this or any other Act.
    (g) The court shall not impose more than one assessment per
complaint, indictment, or information. If the person is
convicted of more than one offense in a complaint, indictment,
or information, the assessment shall be based on the highest
class offense for which the person is convicted.
    (h) In counties with a population under 3,000,000, all
moneys collected under this Section shall be forwarded by the
clerk of the circuit court to the State Treasurer for deposit
in the Drug Treatment Fund. The Department of Human Services
may make grants to persons licensed under Section 15-10 of the
Alcoholism and Other Drug Abuse and Dependency Act or to
municipalities or counties from funds appropriated to the
Department from the Drug Treatment Fund for the treatment of
pregnant women who are addicted to alcohol, cannabis or
controlled substances and for the needed care of minor,
unemancipated children of women undergoing residential drug
treatment. If the Department of Human Services grants funds to
a municipality or a county that the Department determines is
not experiencing a problem with pregnant women addicted to
alcohol, cannabis or controlled substances, or with care for
minor, unemancipated children of women undergoing residential
drug treatment, or intervention, the funds shall be used for
the treatment of any person addicted to alcohol, cannabis, or
controlled substances. The Department may adopt such rules as
it deems appropriate for the administration of such grants.
    (i) In counties with a population of 3,000,000 or more, all
moneys collected under this Section shall be forwarded to the
County Treasurer for deposit into the County Health Fund. The
County Treasurer shall, no later than the 15th day of each
month, forward to the State Treasurer 30 percent of all moneys
collected under this Act and received into the County Health
Fund since the prior remittance to the State Treasurer. Funds
retained by the County shall be used for community-based
treatment of pregnant women who are addicted to alcohol,
cannabis, or controlled substances or for the needed care of
minor, unemancipated children of these women. Funds forwarded
to the State Treasurer shall be deposited into the State Drug
Treatment Fund maintained by the State Treasurer from which the
Department of Human Services may make grants to persons
licensed under Section 15-10 of the Alcoholism and Other Drug
Abuse and Dependency Act or to municipalities or counties from
funds appropriated to the Department from the Drug Treatment
Fund, provided that the moneys collected from each county be
returned proportionately to the counties through grants to
licensees located within the county from which the assessment
was received and moneys in the State Drug Treatment Fund shall
not supplant other local, State or federal funds. If the
Department of Human Services grants funds to a municipality or
county that the Department determines is not experiencing a
problem with pregnant women addicted to alcohol, cannabis or
controlled substances, or with care for minor, unemancipated
children or women undergoing residential drug treatment, the
funds shall be used for the treatment of any person addicted to
alcohol, cannabis or controlled substances. The Department may
adopt such rules as it deems appropriate for the administration
of such grants.
 
    Section 85. Forfeiture.
    (a) The following are subject to forfeiture:
        (1) all substances containing methamphetamine which
    have been produced, manufactured, delivered, or possessed
    in violation of this Act;
        (2) all methamphetamine manufacturing materials which
    have been produced, delivered, or possessed in connection
    with any substance containing methamphetamine in violation
    of this Act;
        (3) all conveyances, including aircraft, vehicles or
    vessels, which are used, or intended for use, to transport,
    or in any manner to facilitate the transportation, sale,
    receipt, possession, or concealment of property described
    in paragraph (1) or (2) that constitutes a felony violation
    of the Act, but:
            (i) no conveyance used by any person as a common
        carrier in the transaction of business as a common
        carrier is subject to forfeiture under this Section
        unless it appears that the owner or other person in
        charge of the conveyance is a consenting party or privy
        to a violation of this Act;
            (ii) no conveyance is subject to forfeiture under
        this Section by reason of any act or omission which the
        owner proves to have been committed or omitted without
        his or her knowledge or consent;
            (iii) a forfeiture of a conveyance encumbered by a
        bona fide security interest is subject to the interest
        of the secured party if he or she neither had knowledge
        of nor consented to the act or omission;
        (4) all money, things of value, books, records, and
    research products and materials including formulas,
    microfilm, tapes, and data which are used, or intended for
    use in a felony violation of this Act;
        (5) everything of value furnished or intended to be
    furnished by any person in exchange for a substance in
    violation of this Act, all proceeds traceable to such an
    exchange, and all moneys, negotiable instruments, and
    securities used, or intended to be used, to commit or in
    any manner to facilitate any felony violation of this Act.
        (6) all real property, including any right, title, and
    interest (including, but not limited to, any leasehold
    interest or the beneficial interest in a land trust) in the
    whole of any lot or tract of land and any appurtenances or
    improvements, which is used, or intended to be used, in any
    manner or part, to commit, or in any manner to facilitate
    the commission of, any violation or act that constitutes a
    violation of this Act or that is the proceeds of any
    violation or act that constitutes a violation of this Act.
    (b) Property subject to forfeiture under this Act may be
seized by the Director or any peace officer upon process or
seizure warrant issued by any court having jurisdiction over
the property. Seizure by the Director or any peace officer
without process may be made:
        (1) if the property subject to seizure has been the
    subject of a prior judgment in favor of the State in a
    criminal proceeding or in an injunction or forfeiture
    proceeding based upon this Act or the Drug Asset Forfeiture
    Procedure Act;
        (2) if there is probable cause to believe that the
    property is directly or indirectly dangerous to health or
    safety;
        (3) if there is probable cause to believe that the
    property is subject to forfeiture under this Act and the
    property is seized under circumstances in which a
    warrantless seizure or arrest would be reasonable; or
        (4) in accordance with the Code of Criminal Procedure
    of 1963.
    (c) In the event of seizure pursuant to subsection (b),
forfeiture proceedings shall be instituted in accordance with
the Drug Asset Forfeiture Procedure Act.
    (d) Property taken or detained under this Section is not
subject to replevin, but is deemed to be in the custody of the
Director subject only to the order and judgments of the circuit
court having jurisdiction over the forfeiture proceedings and
the decisions of the State's Attorney under the Drug Asset
Forfeiture Procedure Act. When property is seized under this
Act, the seizing agency shall promptly conduct an inventory of
the seized property, estimate the property's value, and forward
a copy of the inventory of seized property and the estimate of
the property's value to the Director. Upon receiving notice of
seizure, the Director may:
        (1) place the property under seal;
        (2) remove the property to a place designated by him or
    her;
        (3) keep the property in the possession of the seizing
    agency;
        (4) remove the property to a storage area for
    safekeeping or, if the property is a negotiable instrument
    or money and is not needed for evidentiary purposes,
    deposit it in an interest bearing account;
        (5) place the property under constructive seizure by
    posting notice of pending forfeiture on it, by giving
    notice of pending forfeiture to its owners and interest
    holders, or by filing notice of pending forfeiture in any
    appropriate public record relating to the property; or
        (6) provide for another agency or custodian, including
    an owner, secured party, or lienholder, to take custody of
    the property upon the terms and conditions set by the
    Director.
    (e) No disposition may be made of property under seal until
the time for taking an appeal has elapsed or until all appeals
have been concluded unless a court, upon application therefor,
orders the sale of perishable substances and the deposit of the
proceeds of the sale with the court.
    (f) When property is forfeited under this Act, the Director
shall sell the property unless the property is required by law
to be destroyed or is harmful to the public, and shall
distribute the proceeds of the sale, together with any moneys
forfeited or seized, in accordance with subsection (g).
However, upon the application of the seizing agency or
prosecutor who was responsible for the investigation, arrest or
arrests and prosecution which lead to the forfeiture, the
Director may return any item of forfeited property to the
seizing agency or prosecutor for official use in the
enforcement of laws relating to methamphetamine, cannabis, or
controlled substances, if the agency or prosecutor
demonstrates that the item requested would be useful to the
agency or prosecutor in their enforcement efforts. When any
real property returned to the seizing agency is sold by the
agency or its unit of government, the proceeds of the sale
shall be delivered to the Director and distributed in
accordance with subsection (g).
    (g) All moneys and the sale proceeds of all other property
forfeited and seized under this Act shall be distributed as
follows:
        (1) 65% shall be distributed to the metropolitan
    enforcement group, local, municipal, county, or State law
    enforcement agency or agencies which conducted or
    participated in the investigation resulting in the
    forfeiture. The distribution shall bear a reasonable
    relationship to the degree of direct participation of the
    law enforcement agency in the effort resulting in the
    forfeiture, taking into account the total value of the
    property forfeited and the total law enforcement effort
    with respect to the violation of the law upon which the
    forfeiture is based. Amounts distributed to the agency or
    agencies shall be used for the enforcement of laws
    governing methamphetamine, cannabis, and controlled
    substances, except that amounts distributed to the
    Secretary of State shall be deposited into the Secretary of
    State Evidence Fund to be used as provided in Section 2-115
    of the Illinois Vehicle Code.
        (2)(i) 12.5% shall be distributed to the Office of the
    State's Attorney of the county in which the prosecution
    resulting in the forfeiture was instituted, deposited in a
    special fund in the county treasury and appropriated to the
    State's Attorney for use in the enforcement of laws
    governing methamphetamine, cannabis, and controlled
    substances. In counties with a population over 3,000,000,
    25% shall be distributed to the Office of the State's
    Attorney for use in the enforcement of laws governing
    methamphetamine, cannabis, and controlled substances. If
    the prosecution is undertaken solely by the Attorney
    General, the portion provided hereunder shall be
    distributed to the Attorney General for use in the
    enforcement of laws governing methamphetamine, cannabis,
    and controlled substances.
        (ii) 12.5% shall be distributed to the Office of the
    State's Attorneys Appellate Prosecutor and deposited in
    the Narcotics Profit Forfeiture Fund of that Office to be
    used for additional expenses incurred in the
    investigation, prosecution and appeal of cases arising
    under laws governing methamphetamine, cannabis, and
    controlled substances. The Office of the State's Attorneys
    Appellate Prosecutor shall not receive distribution from
    cases brought in counties with a population over 3,000,000.
        (3) 10% shall be retained by the Department of State
    Police for expenses related to the administration and sale
    of seized and forfeited property.
 
    Section 90. Methamphetamine restitution.
    (a) If a person commits a violation of this Act in a manner
that requires an emergency response, the person shall be
required to make restitution to all public entities involved in
the emergency response, to cover the reasonable cost of their
participation in the emergency response, including but not
limited to regular and overtime costs incurred by local law
enforcement agencies and private contractors paid by the public
agencies in securing the site. The convicted person shall make
this restitution in addition to any other fine or penalty
required by law.
    (b) Any restitution payments made under this Section shall
be disbursed equitably by the circuit clerk in the following
order:
        (1) first, to the local agencies involved in the
    emergency response;
        (2) second, to the State agencies involved in the
    emergency response; and
        (3) third, to the federal agencies involved in the
    emergency response.
 
    Section 95. Youth Drug Abuse Prevention Fund.
    (a) Twelve and one-half percent of all amounts collected as
fines pursuant to the provisions of this Article shall be paid
into the Youth Drug Abuse Prevention Fund created by the
Controlled Substances Act in the State treasury, to be used by
the Department for the funding of programs and services for
drug-abuse treatment, and prevention and education services,
for juveniles.
    (b) Eighty-seven and one-half percent of the proceeds of
all fines received under the provisions of this Act shall be
transmitted to and deposited into the State treasury and
distributed as follows:
        (1) If such seizure was made by a combination of law
    enforcement personnel representing differing units of
    local government, the court levying the fine shall
    equitably allocate 50% of the fine among these units of
    local government and shall allocate 37.5% to the county
    general corporate fund. If the seizure was made by law
    enforcement personnel representing a unit of local
    government from a municipality where the number of
    inhabitants exceeds 2 million in population, the court
    levying the fine shall allocate 87.5% of the fine to that
    unit of local government. If the seizure was made by a
    combination of law enforcement personnel representing
    differing units of local government and if at least one of
    those units represents a municipality where the number of
    inhabitants exceeds 2 million in population, the court
    shall equitably allocate 87.5% of the proceeds of the fines
    received among the differing units of local government.
        (2) If such seizure was made by State law enforcement
    personnel, then the court shall allocate 37.5% to the State
    treasury and 50% to the county general corporate fund.
        (3) If a State law enforcement agency in combination
    with any law enforcement agency or agencies of a unit or
    units of local government conducted the seizure, the court
    shall equitably allocate 37.5% of the fines to or among the
    law enforcement agency or agencies of the unit or units of
    local government that conducted the seizure and shall
    allocate 50% to the county general corporate fund.
    (c) The proceeds of all fines allocated to the law
enforcement agency or agencies of the unit or units of local
government pursuant to subsection (b) shall be made available
to that law enforcement agency as expendable receipts for use
in the enforcement of laws regulating controlled substances and
cannabis. The proceeds of fines awarded to the State treasury
shall be deposited in a special fund known as the Drug Traffic
Prevention Fund, except that amounts distributed to the
Secretary of State shall be deposited into the Secretary of
State Evidence Fund to be used as provided in Section 2-115 of
the Illinois Vehicle Code. Moneys from this Fund may be used by
the Department of State Police for use in the enforcement of
laws regulating controlled substances and cannabis; to satisfy
funding provisions of the Intergovernmental Drug Laws
Enforcement Act; to defray costs and expenses associated with
returning violators of the Cannabis Control Act and this Act
only, as provided in those Acts, when punishment of the crime
shall be confinement of the criminal in the penitentiary; and
all other moneys shall be paid into the General Revenue Fund in
the State treasury.
 
    Section 100. Second or subsequent offenses.
    (a) Any person convicted of a second or subsequent offense
under this Act may be sentenced to imprisonment for a term up
to twice the maximum term otherwise authorized, fined an amount
up to twice that otherwise authorized, or both.
    (b) Any penalty imposed for any violation of this Act is in
addition to, and not in lieu of, any civil or administrative
penalty or sanction otherwise authorized by this Act or any
other law.
 
    Section 105. Applicability. A prosecution for any
violation of law occurring prior to the effective date of this
Act is not affected or abated by this Act. If the offense being
prosecuted would be a violation of this Act, and has not
reached the sentencing stage or final adjudication, then for
purposes of penalty the penalties under this Act apply if they
are less than under the prior law upon which the prosecution
was commenced.
 
    Section 110. Scope of Act. Nothing in this Act limits any
authority or activity authorized by the Illinois Controlled
Substances Act, the Medical Practice Act of 1987, the Nursing
and Advanced Practice Nursing Act, the Pharmacy Practice Act of
1987, the Illinois Dental Practice Act, the Podiatric Medical
Practice Act of 1987, or the Veterinary Medicine and Surgery
Practice Act of 2004. Nothing in this Act limits the authority
or activity of any law enforcement officer acting within the
scope of his or her employment.
 
    Section 901. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Sections 5-10, 40-5, and
50-35 as follows:
 
    (20 ILCS 301/5-10)
    Sec. 5-10. Functions of the Department.
    (a) In addition to the powers, duties and functions vested
in the Department by this Act, or by other laws of this State,
the Department shall carry out the following activities:
        (1) Design, coordinate and fund a comprehensive and
    coordinated community-based and culturally and
    gender-appropriate array of services throughout the State
    for the prevention, intervention, treatment and
    rehabilitation of alcohol and other drug abuse and
    dependency that is accessible and addresses the needs of
    at-risk or addicted individuals and their families.
        (2) Act as the exclusive State agency to accept,
    receive and expend, pursuant to appropriation, any public
    or private monies, grants or services, including those
    received from the federal government or from other State
    agencies, for the purpose of providing an array of services
    for the prevention, intervention, treatment and
    rehabilitation of alcoholism or other drug abuse or
    dependency. Monies received by the Department shall be
    deposited into appropriate funds as may be created by State
    law or administrative action.
        (3) Coordinate a statewide strategy among State
    agencies for the prevention, intervention, treatment and
    rehabilitation of alcohol and other drug abuse and
    dependency. This strategy shall include the development of
    an annual comprehensive State plan for the provision of an
    array of services for education, prevention, intervention,
    treatment, relapse prevention and other services and
    activities to alleviate alcoholism and other drug abuse and
    dependency. The plan shall be based on local
    community-based needs and upon data including, but not
    limited to, that which defines the prevalence of and costs
    associated with the abuse of and dependency upon alcohol
    and other drugs. This comprehensive State plan shall
    include identification of problems, needs, priorities,
    services and other pertinent information, including the
    needs of minorities and other specific populations in the
    State, and shall describe how the identified problems and
    needs will be addressed. For purposes of this paragraph,
    the term "minorities and other specific populations" may
    include, but shall not be limited to, groups such as women,
    children, intravenous drug users, persons with AIDS or who
    are HIV infected, African-Americans, Puerto Ricans,
    Hispanics, Asian Americans, the elderly, persons in the
    criminal justice system, persons who are clients of
    services provided by other State agencies, persons with
    disabilities and such other specific populations as the
    Department may from time to time identify. In developing
    the plan, the Department shall seek input from providers,
    parent groups, associations and interested citizens.
        Beginning with State fiscal year 1996, the annual
    comprehensive State plan developed under this Section
    shall include an explanation of the rationale to be used in
    ensuring that funding shall be based upon local community
    needs, including, but not limited to, the incidence and
    prevalence of, and costs associated with, the abuse of and
    dependency upon alcohol and other drugs, as well as upon
    demonstrated program performance.
        The annual comprehensive State plan developed under
    this Section shall contain a report detailing the
    activities of and progress made by the programs for the
    care and treatment of addicted pregnant women, addicted
    mothers and their children established under subsection
    (j) of Section 35-5 of this Act.
        Each State agency which provides or funds alcohol or
    drug prevention, intervention and treatment services shall
    annually prepare an agency plan for providing such
    services, and these shall be used by the Department in
    preparing the annual comprehensive statewide plan. Each
    agency's annual plan for alcohol and drug abuse services
    shall contain a report on the activities and progress of
    such services in the prior year. The Department may provide
    technical assistance to other State agencies, as required,
    in the development of their agency plans.
        (4) Lead, foster and develop cooperation, coordination
    and agreements among federal and State governmental
    agencies and local providers that provide assistance,
    services, funding or other functions, peripheral or
    direct, in the prevention, intervention, treatment or
    rehabilitation of alcoholism and other drug abuse and
    dependency. This shall include, but shall not be limited
    to, the following:
            (A) Cooperate with and assist the Department of
        Corrections and the Department on Aging in
        establishing and conducting programs relating to
        alcoholism and other drug abuse and dependency among
        those populations which they respectively serve.
            (B) Cooperate with and assist the Illinois
        Department of Public Health in the establishment,
        funding and support of programs and services for the
        promotion of maternal and child health and the
        prevention and treatment of infectious diseases,
        including but not limited to HIV infection, especially
        with respect to those persons who may abuse drugs by
        intravenous injection, or may have been sexual
        partners of drug abusers, or may have abused substances
        so that their immune systems are impaired, causing them
        to be at high risk.
            (C) Supply to the Department of Public Health and
        prenatal care providers a list of all alcohol and other
        drug abuse service providers for addicted pregnant
        women in this State.
            (D) Assist in the placement of child abuse or
        neglect perpetrators (identified by the Illinois
        Department of Children and Family Services) who have
        been determined to be in need of alcohol or other drug
        abuse services pursuant to Section 8.2 of the Abused
        and Neglected Child Reporting Act.
            (E) Cooperate with and assist the Illinois
        Department of Children and Family Services in carrying
        out its mandates to:
                (i) identify alcohol and other drug abuse
            issues among its clients and their families; and
                (ii) develop programs and services to deal
            with such problems.
        These programs and services may include, but shall not
        be limited to, programs to prevent the abuse of alcohol
        or other drugs by DCFS clients and their families,
        rehabilitation services, identifying child care needs
        within the array of alcohol and other drug abuse
        services, and assistance with other issues as
        required.
            (F) Cooperate with and assist the Illinois
        Criminal Justice Information Authority with respect to
        statistical and other information concerning drug
        abuse incidence and prevalence.
            (G) Cooperate with and assist the State
        Superintendent of Education, boards of education,
        schools, police departments, the Illinois Department
        of State Police, courts and other public and private
        agencies and individuals in establishing prevention
        programs statewide and preparing curriculum materials
        for use at all levels of education. An agreement shall
        be entered into with the State Superintendent of
        Education to assist in the establishment of such
        programs.
            (H) Cooperate with and assist the Illinois
        Department of Public Aid in the development and
        provision of services offered to recipients of public
        assistance for the treatment and prevention of
        alcoholism and other drug abuse and dependency.
            (I) Provide training recommendations to other
        State agencies funding alcohol or other drug abuse
        prevention, intervention, treatment or rehabilitation
        services.
        (5) From monies appropriated to the Department from the
    Drunk and Drugged Driving Prevention Fund, make grants to
    reimburse DUI evaluation and remedial education programs
    licensed by the Department for the costs of providing
    indigent persons with free or reduced-cost services
    relating to a charge of driving under the influence of
    alcohol or other drugs.
        (6) Promulgate regulations to provide appropriate
    standards for publicly and privately funded programs as
    well as for levels of payment to government funded programs
    which provide an array of services for prevention,
    intervention, treatment and rehabilitation for alcoholism
    and other drug abuse or dependency.
        (7) In consultation with local service providers,
    specify a uniform statistical methodology for use by
    agencies, organizations, individuals and the Department
    for collection and dissemination of statistical
    information regarding services related to alcoholism and
    other drug use and abuse. This shall include prevention
    services delivered, the number of persons treated,
    frequency of admission and readmission, and duration of
    treatment.
        (8) Receive data and assistance from federal, State and
    local governmental agencies, and obtain copies of
    identification and arrest data from all federal, State and
    local law enforcement agencies for use in carrying out the
    purposes and functions of the Department.
        (9) Designate and license providers to conduct
    screening, assessment, referral and tracking of clients
    identified by the criminal justice system as having
    indications of alcoholism or other drug abuse or dependency
    and being eligible to make an election for treatment under
    Section 40-5 of this Act, and assist in the placement of
    individuals who are under court order to participate in
    treatment.
        (10) Designate medical examination and other programs
    for determining alcoholism and other drug abuse and
    dependency.
        (11) Encourage service providers who receive financial
    assistance in any form from the State to assess and collect
    fees for services rendered.
        (12) Make grants with funds appropriated from the Drug
    Treatment Fund in accordance with Section 7 of the
    Controlled Substance and Cannabis Nuisance Act, or in
    accordance with Section 80 of the Methamphetamine Control
    and Community Protection Act, or in accordance with
    subsections (h) and (i) of Section 411.2 of the Illinois
    Controlled Substances Act.
        (13) Encourage all health and disability insurance
    programs to include alcoholism and other drug abuse and
    dependency as a covered illness.
        (14) Make such agreements, grants-in-aid and
    purchase-care arrangements with any other department,
    authority or commission of this State, or any other state
    or the federal government or with any public or private
    agency, including the disbursement of funds and furnishing
    of staff, to effectuate the purposes of this Act.
        (15) Conduct a public information campaign to inform
    the State's Hispanic residents regarding the prevention
    and treatment of alcoholism.
    (b) In addition to the powers, duties and functions vested
in it by this Act, or by other laws of this State, the
Department may undertake, but shall not be limited to, the
following activities:
        (1) Require all programs funded by the Department to
    include an education component to inform participants
    regarding the causes and means of transmission and methods
    of reducing the risk of acquiring or transmitting HIV
    infection, and to include funding for such education
    component in its support of the program.
        (2) Review all State agency applications for federal
    funds which include provisions relating to the prevention,
    early intervention and treatment of alcoholism and other
    drug abuse and dependency in order to ensure consistency
    with the comprehensive statewide plan developed pursuant
    to this Act.
        (3) Prepare, publish, evaluate, disseminate and serve
    as a central repository for educational materials dealing
    with the nature and effects of alcoholism and other drug
    abuse and dependency. Such materials may deal with the
    educational needs of the citizens of Illinois, and may
    include at least pamphlets which describe the causes and
    effects of fetal alcohol syndrome, which the Department may
    distribute free of charge to each county clerk in
    sufficient quantities that the county clerk may provide a
    pamphlet to the recipients of all marriage licenses issued
    in the county.
        (4) Develop and coordinate, with regional and local
    agencies, education and training programs for persons
    engaged in providing the array of services for persons
    having alcoholism or other drug abuse and dependency
    problems, which programs may include specific HIV
    education and training for program personnel.
        (5) Cooperate with and assist in the development of
    education, prevention and treatment programs for employees
    of State and local governments and businesses in the State.
        (6) Utilize the support and assistance of interested
    persons in the community, including recovering addicts and
    alcoholics, to assist individuals and communities in
    understanding the dynamics of addiction, and to encourage
    individuals with alcohol or other drug abuse or dependency
    problems to voluntarily undergo treatment.
        (7) Promote, conduct, assist or sponsor basic
    clinical, epidemiological and statistical research into
    alcoholism and other drug abuse and dependency, and
    research into the prevention of those problems either
    solely or in conjunction with any public or private agency.
        (8) Cooperate with public and private agencies,
    organizations and individuals in the development of
    programs, and to provide technical assistance and
    consultation services for this purpose.
        (9) Publish or provide for the publishing of a manual
    to assist medical and social service providers in
    identifying alcoholism and other drug abuse and dependency
    and coordinating the multidisciplinary delivery of
    services to addicted pregnant women, addicted mothers and
    their children. The manual may be used only to provide
    information and may not be used by the Department to
    establish practice standards. The Department may not
    require recipients to use specific providers nor may they
    require providers to refer recipients to specific
    providers. The manual may include, but need not be limited
    to, the following:
            (A) Information concerning risk assessments of
        women seeking prenatal, natal, and postnatal medical
        care.
            (B) Information concerning risk assessments of
        infants who may be substance-affected.
            (C) Protocols that have been adopted by the
        Illinois Department of Children and Family Services
        for the reporting and investigation of allegations of
        child abuse or neglect under the Abused and Neglected
        Child Reporting Act.
            (D) Summary of procedures utilized in juvenile
        court in cases of children alleged or found to be
        abused or neglected as a result of being born to
        addicted women.
            (E) Information concerning referral of addicted
        pregnant women, addicted mothers and their children by
        medical, social service, and substance abuse treatment
        providers, by the Departments of Children and Family
        Services, Public Aid, Public Health, and Human
        Services.
            (F) Effects of substance abuse on infants and
        guidelines on the symptoms, care, and comfort of
        drug-withdrawing infants.
            (G) Responsibilities of the Illinois Department of
        Public Health to maintain statistics on the number of
        children in Illinois addicted at birth.
        (10) To the extent permitted by federal law or
    regulation, establish and maintain a clearinghouse and
    central repository for the development and maintenance of a
    centralized data collection and dissemination system and a
    management information system for all alcoholism and other
    drug abuse prevention, early intervention and treatment
    services.
        (11) Fund, promote or assist programs, services,
    demonstrations or research dealing with addictive or
    habituating behaviors detrimental to the health of
    Illinois citizens.
        (12) With monies appropriated from the Group Home Loan
    Revolving Fund, make loans, directly or through
    subcontract, to assist in underwriting the costs of housing
    in which individuals recovering from alcohol or other drug
    abuse or dependency may reside in groups of not less than 6
    persons, pursuant to Section 50-40 of this Act.
        (13) Promulgate such regulations as may be necessary
    for the administration of grants or to otherwise carry out
    the purposes and enforce the provisions of this Act.
        (14) Fund programs to help parents be effective in
    preventing substance abuse by building an awareness of
    drugs and alcohol and the family's role in preventing abuse
    through adjusting expectations, developing new skills, and
    setting positive family goals. The programs shall include,
    but not be limited to, the following subjects: healthy
    family communication; establishing rules and limits; how
    to reduce family conflict; how to build self-esteem,
    competency, and responsibility in children; how to improve
    motivation and achievement; effective discipline; problem
    solving techniques; and how to talk about drugs and
    alcohol. The programs shall be open to all parents.
(Source: P.A. 88-80; incorporates 88-171; 88-670, eff.
12-2-94; 89-363, eff. 1-1-96; 89-507, eff. 7-1-97.)
 
    (20 ILCS 301/40-5)
    Sec. 40-5. Election of treatment. An addict or alcoholic
who is charged with or convicted of a crime may elect treatment
under the supervision of a licensed program designated by the
Department, referred to in this Article as "designated
program", unless:
        (1) the crime is a crime of violence;
        (2) the crime is a violation of Section 401(a), 401(b),
    401(c) where the person electing treatment has been
    previously convicted of a non-probationable felony or the
    violation is non-probationable, 401(d) where the violation
    is non-probationable, 401.1, 402(a), 405 or 407 of the
    Illinois Controlled Substances Act, or Section 4(d), 4(e),
    4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or 9 of the
    Cannabis Control Act or Section 15, 20, 55, 60, or 65 of
    the Methamphetamine Control and Community Protection Act;
        (3) the person has a record of 2 or more convictions of
    a crime of violence;
        (4) other criminal proceedings alleging commission of
    a felony are pending against the person;
        (5) the person is on probation or parole and the
    appropriate parole or probation authority does not consent
    to that election;
        (6) the person elected and was admitted to a designated
    program on 2 prior occasions within any consecutive 2-year
    period;
        (7) the person has been convicted of residential
    burglary and has a record of one or more felony
    convictions;
        (8) the crime is a violation of Section 11-501 of the
    Illinois Vehicle Code or a similar provision of a local
    ordinance; or
        (9) the crime is a reckless homicide or a reckless
    homicide of an unborn child, as defined in Section 9-3 or
    9-3.2 of the Criminal Code of 1961, in which the cause of
    death consists of the driving of a motor vehicle by a
    person under the influence of alcohol or any other drug or
    drugs at the time of the violation.
(Source: P.A. 90-397, eff. 8-15-97.)
 
    (20 ILCS 301/50-35)
    Sec. 50-35. Drug Treatment Fund.
    (a) There is hereby established the Drug Treatment Fund, to
be held as a separate fund in the State treasury. There shall
be deposited into this fund such amounts as may be received
under subsections (h) and (i) of Section 411.2 of the Illinois
Controlled Substances Act, under Section 80 of the
Methamphetamine Control and Community Protection Act, and
under Section 7 of the Controlled Substance and Cannabis
Nuisance Act.
    (b) Monies in this fund shall be appropriated to the
Department for the purposes and activities set forth in
subsections (h) and (i) of Section 411.2 of the Illinois
Controlled Substances Act, or in Section 7 of the Controlled
Substance and Cannabis Nuisance Act.
(Source: P.A. 88-80.)
 
    Section 902. The Department of Human Services (Alcoholism
and Substance Abuse) Law of the Civil Administrative Code of
Illinois is amended by changing Section 310-5 as follows:
 
    (20 ILCS 310/310-5)  (was 20 ILCS 5/9.29)
    Sec. 310-5. Powers under certain Acts. The Department of
Human Services, as successor to the Department of Alcoholism
and Substance Abuse, shall exercise, administer, and enforce
all rights, powers, and duties formerly vested in the
Department of Mental Health and Developmental Disabilities by
the following named Acts or Sections of those Acts as they
pertain to the provision of alcoholism services and the
Dangerous Drugs Commission:
        (1) The Cannabis Control Act.
        (2) The Illinois Controlled Substances Act.
        (3) The Community Mental Health Act.
        (4) The Community Services Act.
        (5) The Methamphetamine Control and Community
    Protection Act.
(Source: P.A. 91-239, eff. 1-1-00.)
 
    Section 905. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by changing
Section 2605-555 as follows:
 
    (20 ILCS 2605/2605-555)
    Sec. 2605-555. Pilot program; Project Exile.
    (a) The Department shall establish a Project Exile pilot
program to combat gun violence.
    (b) Through the pilot program, the Department, in
coordination with local law enforcement agencies, State's
Attorneys, and United States Attorneys, shall, to the extent
possible, encourage the prosecution in federal court of all
persons who illegally use, attempt to use, or threaten to use
firearms against the person or property of another, of all
persons who use or possess a firearm in connection with a
violation of the Cannabis Control Act, or the Illinois
Controlled Substances Act, or the Methamphetamine Control and
Community Protection Act, all persons who have been convicted
of a felony under the laws of this State or any other
jurisdiction who possess any weapon prohibited under Section
24-1 of the Criminal Code of 1961 or any firearm or any firearm
ammunition, and of all persons who use or possess a firearm in
connection with a violation of an order of protection issued
under the Illinois Domestic Violence Act of 1986 or Article
112A of the Code of Criminal Procedure of 1963 or in connection
with the offense of domestic battery. The program shall also
encourage public outreach by law enforcement agencies.
    (c) There is created the Project Exile Fund, a special fund
in the State treasury. Moneys appropriated for the purposes of
Project Exile and moneys from any other private or public
source, including without limitation grants from the
Department of Commerce and Economic Opportunity Community
Affairs, shall be deposited into the Fund. Moneys in the Fund,
subject to appropriation, may be used by the Department of
State Police to develop and administer the Project Exile pilot
program.
    (d) The Department shall report to the General Assembly by
March 1, 2003 regarding the implementation and effects of the
Project Exile pilot program and shall by that date make
recommendations to the General Assembly for changes in the
program that the Department deems appropriate.
    The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader, and the Clerk of the House of
Representatives, with the President, the Minority Leader, and
the Secretary of the Senate, and with the Legislative Research
Unit, as required by Section 3.1 of the General Assembly
Organization Act, and filing such additional copies with the
State Government Report Distribution Center for the General
Assembly as is required under paragraph (t) of Section 7 of the
State Library Act.
(Source: P.A. 92-332, eff. 8-10-01; 92-342, eff. 8-10-01;
92-651, eff. 7-11-02; revised 12-6-03.)
 
    Section 910. The State Police Act is amended by changing
Section 12.5 as follows:
 
    (20 ILCS 2610/12.5)
    Sec. 12.5. Zero tolerance drug policy. Any person employed
by the Department of State Police who tests positive in
accordance with established Departmental drug testing
procedures for any substance prohibited by the Cannabis Control
Act, or the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act shall be
discharged from employment. Refusal to submit to a drug test,
ordered in accordance with Departmental procedures, by any
person employed by the Department shall be construed as a
positive test, and the person shall be discharged from
employment.
(Source: P.A. 92-80, eff. 1-1-02.)
 
    Section 915. The Narcotic Control Division Abolition Act is
amended by changing Sections 7 and 8 as follows:
 
    (20 ILCS 2620/7)  (from Ch. 127, par. 55j)
    Sec. 7. Expenditures; evidence; forfeited property.
    (a) The Director and the inspectors appointed by him, when
authorized by the Director, may expend such sums as the
Director deems necessary in the purchase of controlled
substances and cannabis for evidence and in the employment of
persons to obtain evidence.
    Such sums to be expended shall be advanced to the officer
who is to make such purchase or employment from funds
appropriated or made available by law for the support or use of
the Department on vouchers therefor signed by the Director. The
Director and such officers are authorized to maintain one or
more commercial checking accounts with any State banking
corporation or corporations organized under or subject to the
Illinois Banking Act for the deposit and withdrawal of moneys
to be used for the purchase of evidence and for the employment
of persons to obtain evidence; provided that no check may be
written on nor any withdrawal made from any such account except
on the written signatures of 2 persons designated by the
Director to write such checks and make such withdrawals.
    (b) The Director is authorized to maintain one or more
commercial bank accounts with any State banking corporation or
corporations organized under or subject to the Illinois Banking
Act, as now or hereafter amended, for the deposit or withdrawal
of (i) moneys forfeited to the Department, including the
proceeds of the sale of forfeited property, as provided in
Section 2 of the State Officers and Employees Money Disposition
Act, as now or hereafter amended, pending disbursement to
participating agencies and deposit of the Department's share as
provided in subsection (c), and (ii) all moneys being held as
evidence by the Department, pending final court disposition;
provided that no check may be written on or any withdrawal made
from any such account except on the written signatures of 2
persons designated by the Director to write such checks and
make such withdrawals.
    (c) All moneys received by the Illinois State Police as
their share of forfeited funds (including the proceeds of the
sale of forfeited property) received pursuant to the Drug Asset
Forfeiture Procedure Act, the Cannabis Control Act, the
Illinois Controlled Substances Act, the Methamphetamine
Control and Community Protection Act, the Environmental
Protection Act, or any other Illinois law shall be deposited
into the State Asset Forfeiture Fund, which is hereby created
as an interest-bearing special fund in the State treasury.
    All moneys received by the Illinois State Police as their
share of forfeited funds (including the proceeds of the sale of
forfeited property) received pursuant to federal equitable
sharing transfers shall be deposited into the Federal Asset
Forfeiture Fund, which is hereby created as an interest-bearing
special fund in the State treasury.
    The moneys deposited into the State Asset Forfeiture Fund
and the Federal Asset Forfeiture Fund shall be appropriated to
the Department of State Police and may be used by the Illinois
State Police in accordance with law.
(Source: P.A. 90-9, eff. 7-1-97.)
 
    (20 ILCS 2620/8)  (from Ch. 127, par. 55k)
    Sec. 8. The Attorney General, upon the request of the
Department, shall prosecute any violation of this Act, and of
the "Illinois Controlled Substances Act", and the "Cannabis
Control Act" enacted by the 77th General Assembly, and the
Methamphetamine Control and Community Protection Act as now or
hereafter amended.
(Source: P.A. 77-770.)
 
    Section 920. The Criminal Identification Act is amended by
changing Sections 2.1 and 5 as follows:
 
    (20 ILCS 2630/2.1)  (from Ch. 38, par. 206-2.1)
    Sec. 2.1. For the purpose of maintaining complete and
accurate criminal records of the Department of State Police, it
is necessary for all policing bodies of this State, the clerk
of the circuit court, the Illinois Department of Corrections,
the sheriff of each county, and State's Attorney of each county
to submit certain criminal arrest, charge, and disposition
information to the Department for filing at the earliest time
possible. Unless otherwise noted herein, it shall be the duty
of all policing bodies of this State, the clerk of the circuit
court, the Illinois Department of Corrections, the sheriff of
each county, and the State's Attorney of each county to report
such information as provided in this Section, both in the form
and manner required by the Department and within 30 days of the
criminal history event. Specifically:
    (a) Arrest Information. All agencies making arrests for
offenses which are required by statute to be collected,
maintained or disseminated by the Department of State Police
shall be responsible for furnishing daily to the Department
fingerprints, charges and descriptions of all persons who are
arrested for such offenses. All such agencies shall also notify
the Department of all decisions by the arresting agency not to
refer such arrests for prosecution. With approval of the
Department, an agency making such arrests may enter into
arrangements with other agencies for the purpose of furnishing
daily such fingerprints, charges and descriptions to the
Department upon its behalf.
    (b) Charge Information. The State's Attorney of each county
shall notify the Department of all charges filed and all
petitions filed alleging that a minor is delinquent, including
all those added subsequent to the filing of a case, and whether
charges were not filed in cases for which the Department has
received information required to be reported pursuant to
paragraph (a) of this Section. With approval of the Department,
the State's Attorney may enter into arrangements with other
agencies for the purpose of furnishing the information required
by this subsection (b) to the Department upon the State's
Attorney's behalf.
    (c) Disposition Information. The clerk of the circuit court
of each county shall furnish the Department, in the form and
manner required by the Supreme Court, with all final
dispositions of cases for which the Department has received
information required to be reported pursuant to paragraph (a)
or (d) of this Section. Such information shall include, for
each charge, all (1) judgments of not guilty, judgments of
guilty including the sentence pronounced by the court, findings
that a minor is delinquent and any sentence made based on those
findings, discharges and dismissals in the court; (2) reviewing
court orders filed with the clerk of the circuit court which
reverse or remand a reported conviction or findings that a
minor is delinquent or that vacate or modify a sentence or
sentence made following a trial that a minor is delinquent; (3)
continuances to a date certain in furtherance of an order of
supervision granted under Section 5-6-1 of the Unified Code of
Corrections or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 70 of the Methamphetamine
Control and Community Protection Act, Section 12-4.3 of the
Criminal Code of 1961, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of the
Alcoholism and Other Drug Abuse and Dependency Act, Section 10
of the Steroid Control Act, or Section 5-615 of the Juvenile
Court Act of 1987; and (4) judgments or court orders
terminating or revoking a sentence to or juvenile disposition
of probation, supervision or conditional discharge and any
resentencing or new court orders entered by a juvenile court
relating to the disposition of a minor's case involving
delinquency after such revocation.
    (d) Fingerprints After Sentencing.
        (1) After the court pronounces sentence, sentences a
    minor following a trial in which a minor was found to be
    delinquent or issues an order of supervision or an order of
    probation granted under Section 10 of the Cannabis Control
    Act, Section 410 of the Illinois Controlled Substances Act,
    Section 70 of the Methamphetamine Control and Community
    Protection Act, Section 12-4.3 of the Criminal Code of
    1961, Section 10-102 of the Illinois Alcoholism and Other
    Drug Dependency Act, Section 40-10 of the Alcoholism and
    Other Drug Abuse and Dependency Act, Section 10 of the
    Steroid Control Act, or Section 5-615 of the Juvenile Court
    Act of 1987 for any offense which is required by statute to
    be collected, maintained, or disseminated by the
    Department of State Police, the State's Attorney of each
    county shall ask the court to order a law enforcement
    agency to fingerprint immediately all persons appearing
    before the court who have not previously been fingerprinted
    for the same case. The court shall so order the requested
    fingerprinting, if it determines that any such person has
    not previously been fingerprinted for the same case. The
    law enforcement agency shall submit such fingerprints to
    the Department daily.
        (2) After the court pronounces sentence or makes a
    disposition of a case following a finding of delinquency
    for any offense which is not required by statute to be
    collected, maintained, or disseminated by the Department
    of State Police, the prosecuting attorney may ask the court
    to order a law enforcement agency to fingerprint
    immediately all persons appearing before the court who have
    not previously been fingerprinted for the same case. The
    court may so order the requested fingerprinting, if it
    determines that any so sentenced person has not previously
    been fingerprinted for the same case. The law enforcement
    agency may retain such fingerprints in its files.
    (e) Corrections Information. The Illinois Department of
Corrections and the sheriff of each county shall furnish the
Department with all information concerning the receipt,
escape, execution, death, release, pardon, parole, commutation
of sentence, granting of executive clemency or discharge of an
individual who has been sentenced or committed to the agency's
custody for any offenses which are mandated by statute to be
collected, maintained or disseminated by the Department of
State Police. For an individual who has been charged with any
such offense and who escapes from custody or dies while in
custody, all information concerning the receipt and escape or
death, whichever is appropriate, shall also be so furnished to
the Department.
(Source: P.A. 90-590, eff. 1-1-00.)
 
    (20 ILCS 2630/5)  (from Ch. 38, par. 206-5)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 5. Arrest reports; expungement.
    (a) All policing bodies of this State shall furnish to the
Department, daily, in the form and detail the Department
requires, fingerprints and descriptions of all persons who are
arrested on charges of violating any penal statute of this
State for offenses that are classified as felonies and Class A
or B misdemeanors and of all minors of the age of 10 and over
who have been arrested for an offense which would be a felony
if committed by an adult, and may forward such fingerprints and
descriptions for minors arrested for Class A or B misdemeanors.
Moving or nonmoving traffic violations under the Illinois
Vehicle Code shall not be reported except for violations of
Chapter 4, Section 11-204.1, or Section 11-501 of that Code. In
addition, conservation offenses, as defined in the Supreme
Court Rule 501(c), that are classified as Class B misdemeanors
shall not be reported.
    Whenever an adult or minor prosecuted as an adult, not
having previously been convicted of any criminal offense or
municipal ordinance violation, charged with a violation of a
municipal ordinance or a felony or misdemeanor, is acquitted or
released without being convicted, whether the acquittal or
release occurred before, on, or after the effective date of
this amendatory Act of 1991, the Chief Judge of the circuit
wherein the charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less than
3,000,000 inhabitants, the presiding trial judge at the
defendant's trial may upon verified petition of the defendant
order the record of arrest expunged from the official records
of the arresting authority and the Department and order that
the records of the clerk of the circuit court be sealed until
further order of the court upon good cause shown and the name
of the defendant obliterated on the official index required to
be kept by the circuit court clerk under Section 16 of the
Clerks of Courts Act, but the order shall not affect any index
issued by the circuit court clerk before the entry of the
order. The Department may charge the petitioner a fee
equivalent to the cost of processing any order to expunge or
seal the records, and the fee shall be deposited into the State
Police Services Fund. The records of those arrests, however,
that result in a disposition of supervision for any offense
shall not be expunged from the records of the arresting
authority or the Department nor impounded by the court until 2
years after discharge and dismissal of supervision. Those
records that result from a supervision for a violation of
Section 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
Vehicle Code or a similar provision of a local ordinance, or
for a violation of Section 12-3.2, 12-15 or 16A-3 of the
Criminal Code of 1961, or probation under Section 10 of the
Cannabis Control Act, Section 410 of the Illinois Controlled
Substances Act, Section 70 of the Methamphetamine Control and
Community Protection Act, Section 12-4.3(b)(1) and (2) of the
Criminal Code of 1961 (as those provisions existed before their
deletion by Public Act 89-313), Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act when the judgment of
conviction has been vacated, Section 40-10 of the Alcoholism
and Other Drug Abuse and Dependency Act when the judgment of
conviction has been vacated, or Section 10 of the Steroid
Control Act shall not be expunged from the records of the
arresting authority nor impounded by the court until 5 years
after termination of probation or supervision. Those records
that result from a supervision for a violation of Section
11-501 of the Illinois Vehicle Code or a similar provision of a
local ordinance, shall not be expunged. All records set out
above may be ordered by the court to be expunged from the
records of the arresting authority and impounded by the court
after 5 years, but shall not be expunged by the Department, but
shall, on court order be sealed by the Department and may be
disseminated by the Department only as required by law or to
the arresting authority, the State's Attorney, and the court
upon a later arrest for the same or a similar offense or for
the purpose of sentencing for any subsequent felony. Upon
conviction for any offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual.
    (a-5) Those records maintained by the Department for
persons arrested prior to their 17th birthday shall be expunged
as provided in Section 5-915 of the Juvenile Court Act of 1987.
    (b) Whenever a person has been convicted of a crime or of
the violation of a municipal ordinance, in the name of a person
whose identity he has stolen or otherwise come into possession
of, the aggrieved person from whom the identity was stolen or
otherwise obtained without authorization, upon learning of the
person having been arrested using his identity, may, upon
verified petition to the chief judge of the circuit wherein the
arrest was made, have a court order entered nunc pro tunc by
the chief judge to correct the arrest record, conviction
record, if any, and all official records of the arresting
authority, the Department, other criminal justice agencies,
the prosecutor, and the trial court concerning such arrest, if
any, by removing his name from all such records in connection
with the arrest and conviction, if any, and by inserting in the
records the name of the offender, if known or ascertainable, in
lieu of the aggrieved's name. The records of the clerk of the
circuit court clerk shall be sealed until further order of the
court upon good cause shown and the name of the aggrieved
person obliterated on the official index required to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act, but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. Nothing
in this Section shall limit the Department of State Police or
other criminal justice agencies or prosecutors from listing
under an offender's name the false names he or she has used.
For purposes of this Section, convictions for moving and
nonmoving traffic violations other than convictions for
violations of Chapter 4, Section 11-204.1 or Section 11-501 of
the Illinois Vehicle Code shall not be a bar to expunging the
record of arrest and court records for violation of a
misdemeanor or municipal ordinance.
    (c) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he may, upon verified petition to the
chief judge of the circuit where the person had been convicted,
any judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the defendant's trial, may have a court order
entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the clerk of the circuit court and the Department be sealed
until further order of the court upon good cause shown or as
otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he had been pardoned but the order shall not
affect any index issued by the circuit court clerk before the
entry of the order. All records sealed by the Department may be
disseminated by the Department only as required by law or to
the arresting authority, the State's Attorney, and the court
upon a later arrest for the same or similar offense or for the
purpose of sentencing for any subsequent felony. Upon
conviction for any subsequent offense, the Department of
Corrections shall have access to all sealed records of the
Department pertaining to that individual. Upon entry of the
order of expungement, the clerk of the circuit court shall
promptly mail a copy of the order to the person who was
pardoned.
    (c-5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault, predatory
criminal sexual assault of a child, criminal sexual abuse, or
aggravated criminal sexual abuse, the victim of that offense
may request that the State's Attorney of the county in which
the conviction occurred file a verified petition with the
presiding trial judge at the defendant's trial to have a court
order entered to seal the records of the clerk of the circuit
court in connection with the proceedings of the trial court
concerning that offense. However, the records of the arresting
authority and the Department of State Police concerning the
offense shall not be sealed. The court, upon good cause shown,
shall make the records of the clerk of the circuit court in
connection with the proceedings of the trial court concerning
the offense available for public inspection.
    (c-6) If a conviction has been set aside on direct review
or on collateral attack and the court determines by clear and
convincing evidence that the defendant was factually innocent
of the charge, the court shall enter an expungement order as
provided in subsection (b) of Section 5-5-4 of the Unified Code
of Corrections.
    (d) Notice of the petition for subsections (a), (b), and
(c) shall be served upon the State's Attorney or prosecutor
charged with the duty of prosecuting the offense, the
Department of State Police, the arresting agency and the chief
legal officer of the unit of local government affecting the
arrest. Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency or such chief
legal officer objects to the petition within 30 days from the
date of the notice, the court shall enter an order granting or
denying the petition. The clerk of the court shall promptly
mail a copy of the order to the person, the arresting agency,
the prosecutor, the Department of State Police and such other
criminal justice agencies as may be ordered by the judge.
    (e) Nothing herein shall prevent the Department of State
Police from maintaining all records of any person who is
admitted to probation upon terms and conditions and who
fulfills those terms and conditions pursuant to Section 10 of
the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 70 of the Methamphetamine
Control and Community Protection Act, Section 12-4.3 of the
Criminal Code of 1961, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of the
Alcoholism and Other Drug Abuse and Dependency Act, or Section
10 of the Steroid Control Act.
    (f) No court order issued under the expungement provisions
of this Section shall become final for purposes of appeal until
30 days after notice is received by the Department. Any court
order contrary to the provisions of this Section is void.
    (g) Except as otherwise provided in subsection (c-5) of
this Section, the court shall not order the sealing or
expungement of the arrest records and records of the circuit
court clerk of any person granted supervision for or convicted
of any sexual offense committed against a minor under 18 years
of age. For the purposes of this Section, "sexual offense
committed against a minor" includes but is not limited to the
offenses of indecent solicitation of a child or criminal sexual
abuse when the victim of such offense is under 18 years of age.
    (h) (1) Applicability. Notwithstanding any other provision
of this Act to the contrary and cumulative with any rights to
expungement of criminal records, this subsection authorizes
the sealing of criminal records of adults and of minors
prosecuted as adults.
    (2) Sealable offenses. The following offenses may be
sealed:
        (A) All municipal ordinance violations and
    misdemeanors, with the exception of the following:
            (i) violations of Section 11-501 of the Illinois
        Vehicle Code or a similar provision of a local
        ordinance;
            (ii) violations of Article 11 of the Criminal Code
        of 1961 or a similar provision of a local ordinance,
        except Section 11-14 of the Criminal Code of 1961 as
        provided in clause B(i) of this subsection (h);
            (iii) violations of Section 12-15, 12-30, or 26-5
        of the Criminal Code of 1961 or a similar provision of
        a local ordinance;
            (iv) violations that are a crime of violence as
        defined in Section 2 of the Crime Victims Compensation
        Act or a similar provision of a local ordinance;
            (v) Class A misdemeanor violations of the Humane
        Care for Animals Act; and
            (vi) any offense or attempted offense that would
        subject a person to registration under the Sex Offender
        Registration Act.
        (B) Misdemeanor and Class 4 felony violations of:
            (i) Section 11-14 of the Criminal Code of 1961;
            (ii) Section 4 of the Cannabis Control Act;
            (iii) Section 402 of the Illinois Controlled
        Substances Act; and
            (iv) Section 60 of the Methamphetamine Control and
        Community Protection Act.
        (iv) However, for purposes of this subsection (h), a
    sentence of first offender probation under Section 10 of
    the Cannabis Control Act, and Section 410 of the Illinois
    Controlled Substances Act, or Section 70 of the
    Methamphetamine Control and Community Protection Act shall
    be treated as a Class 4 felony conviction.
    (3) Requirements for sealing. Records identified as
sealable under clause (h) (2) may be sealed when the individual
was:
        (A) Acquitted of the offense or offenses or released
    without being convicted.
        (B) Convicted of the offense or offenses and the
    conviction or convictions were reversed.
        (C) Placed on misdemeanor supervision for an offense or
    offenses; and
            (i) at least 3 years have elapsed since the
        completion of the term of supervision, or terms of
        supervision, if more than one term has been ordered;
        and
            (ii) the individual has not been convicted of a
        felony or misdemeanor or placed on supervision for a
        misdemeanor or felony during the period specified in
        clause (i).
        (D) Convicted of an offense or offenses; and
            (i) at least 4 years have elapsed since the last
        such conviction or term of any sentence, probation,
        parole, or supervision, if any, whichever is last in
        time; and
            (ii) the individual has not been convicted of a
        felony or misdemeanor or placed on supervision for a
        misdemeanor or felony during the period specified in
        clause (i).
    (4) Requirements for sealing of records when more than one
charge and disposition have been filed. When multiple offenses
are petitioned to be sealed under this subsection (h), the
requirements of the relevant provisions of clauses (h)(3)(A)
through (D) each apply. In instances in which more than one
waiting period is applicable under clauses (h)(C)(i) and (ii)
and (h)(D)(i) and (ii), the longer applicable period applies,
and the requirements of clause (h) (3) shall be considered met
when the petition is filed after the passage of the longer
applicable waiting period. That period commences on the date of
the completion of the last sentence or the end of supervision,
probation, or parole, whichever is last in time.
    (5) Subsequent convictions. A person may not have
subsequent felony conviction records sealed as provided in this
subsection (h) if he or she is convicted of any felony offense
after the date of the sealing of prior felony records as
provided in this subsection (h).
    (6) Notice of eligibility for sealing. Upon acquittal,
release without conviction, or being placed on supervision for
a sealable offense, or upon conviction of a sealable offense,
the person shall be informed by the court of the right to have
the records sealed and the procedures for the sealing of the
records.
    (7) Procedure. Upon becoming eligible for the sealing of
records under this subsection (h), the person who seeks the
sealing of his or her records shall file a petition requesting
the sealing of records with the clerk of the court where the
charge or charges were brought. The records may be sealed by
the Chief Judge of the circuit wherein the charge was brought,
any judge of that circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the defendant's trial, if any. If charges were
brought in multiple jurisdictions, a petition must be filed in
each such jurisdiction. The petitioner shall pay the applicable
fee, if not waived.
        (A) Contents of petition. The petition shall contain
    the petitioner's name, date of birth, current address, each
    charge, each case number, the date of each charge, the
    identity of the arresting authority, and such other
    information as the court may require. During the pendency
    of the proceeding, the petitioner shall promptly notify the
    clerk of the court of any change of address.
        (B) Drug test. A person filing a petition to have his
    or her records sealed for a Class 4 felony violation of
    Section 4 of the Cannabis Control Act or for a Class 4
    felony violation of Section 402 of the Illinois Controlled
    Substances Act must attach to the petition proof that the
    petitioner has passed a test taken within the previous 30
    days before the filing of the petition showing the absence
    within his or her body of all illegal substances in
    violation of either the Illinois Controlled Substances Act
    or the Cannabis Control Act.
        (C) Service of petition. The clerk shall promptly serve
    a copy of the petition on the State's Attorney or
    prosecutor charged with the duty of prosecuting the
    offense, the Department of State Police, the arresting
    agency and the chief legal officer of the unit of local
    government effecting the arrest.
        (D) Entry of order. Unless the State's Attorney or
    prosecutor, the Department of State Police, the arresting
    agency or such chief legal officer objects to sealing of
    the records within 90 days of notice the court shall enter
    an order sealing the defendant's records.
        (E) Hearing upon objection. If an objection is filed,
    the court shall set a date for a hearing and notify the
    petitioner and the parties on whom the petition had been
    served, and shall hear evidence on whether the sealing of
    the records should or should not be granted, and shall make
    a determination on whether to issue an order to seal the
    records based on the evidence presented at the hearing.
        (F) Service of order. After entering the order to seal
    records, the court must provide copies of the order to the
    Department, in a form and manner prescribed by the
    Department, to the petitioner, to the State's Attorney or
    prosecutor charged with the duty of prosecuting the
    offense, to the arresting agency, to the chief legal
    officer of the unit of local government effecting the
    arrest, and to such other criminal justice agencies as may
    be ordered by the court.
    (8) Fees. Notwithstanding any provision of the Clerk of the
Courts Act to the contrary, and subject to the approval of the
county board, the clerk may charge a fee equivalent to the cost
associated with the sealing of records by the clerk and the
Department of State Police. The clerk shall forward the
Department of State Police portion of the fee to the Department
and it shall be deposited into the State Police Services Fund.
    (i) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211, in accordance to
rules adopted by the Department. At the request of the Illinois
Department of Corrections, records of the Illinois Department
of Employment Security shall be utilized as appropriate to
assist in the study. The study shall not disclose any data in a
manner that would allow the identification of any particular
individual or employing unit. The study shall be made available
to the General Assembly no later than September 1, 2006.
(Source: P.A. 92-651, eff. 7-11-02; 93-210, eff. 7-18-03;
93-211, eff. 1-1-04; 93-1084, eff. 6-1-05.)
 
    Section 925. The Illinois Uniform Conviction Information
Act is amended by changing Section 3 as follows:
 
    (20 ILCS 2635/3)  (from Ch. 38, par. 1603)
    Sec. 3. Definitions. Whenever used in this Act, and for the
purposes of this Act, unless the context clearly indicates
otherwise:
    (A) "Accurate" means factually correct, containing no
mistake or error of a material nature.
    (B) The phrase "administer the criminal laws" includes any
of the following activities: intelligence gathering,
surveillance, criminal investigation, crime detection and
prevention (including research), apprehension, detention,
pretrial or post-trial release, prosecution, the correctional
supervision or rehabilitation of accused persons or criminal
offenders, criminal identification activities, or the
collection, maintenance or dissemination of criminal history
record information.
    (C) "The Authority" means the Illinois Criminal Justice
Information Authority.
    (D) "Automated" means the utilization of computers,
telecommunication lines, or other automatic data processing
equipment for data collection or storage, analysis,
processing, preservation, maintenance, dissemination, or
display and is distinguished from a system in which such
activities are performed manually.
    (E) "Complete" means accurately reflecting all the
criminal history record information about an individual that is
required to be reported to the Department pursuant to Section
2.1 of the Criminal Identification Act.
    (F) "Conviction information" means data reflecting a
judgment of guilt or nolo contendere. The term includes all
prior and subsequent criminal history events directly relating
to such judgments, such as, but not limited to: (1) the
notation of arrest; (2) the notation of charges filed; (3) the
sentence imposed; (4) the fine imposed; and (5) all related
probation, parole, and release information. Information ceases
to be "conviction information" when a judgment of guilt is
reversed or vacated.
    For purposes of this Act, continuances to a date certain in
furtherance of an order of supervision granted under Section
5-6-1 of the Unified Code of Corrections or an order of
probation granted under either Section 10 of the Cannabis
Control Act, Section 410 of the Illinois Controlled Substances
Act, Section 70 of the Methamphetamine Control and Community
Protection Act, Section 12-4.3 of the Criminal Code of 1961,
Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, Section 40-10 of the Alcoholism and Other Drug
Abuse and Dependency Act, or Section 10 of the Steroid Control
Act shall not be deemed "conviction information".
    (G) "Criminal history record information" means data
identifiable to an individual and consisting of descriptions or
notations of arrests, detentions, indictments, informations,
pretrial proceedings, trials, or other formal events in the
criminal justice system or descriptions or notations of
criminal charges (including criminal violations of local
municipal ordinances) and the nature of any disposition arising
therefrom, including sentencing, court or correctional
supervision, rehabilitation and release. The term does not
apply to statistical records and reports in which individual
are not identified and from which their identities are not
ascertainable, or to information that is for criminal
investigative or intelligence purposes.
    (H) "Criminal justice agency" means (1) a government agency
or any subunit thereof which is authorized to administer the
criminal laws and which allocates a substantial part of its
annual budget for that purpose, or (2) an agency supported by
public funds which is authorized as its principal function to
administer the criminal laws and which is officially designated
by the Department as a criminal justice agency for purposes of
this Act.
    (I) "The Department" means the Illinois Department of State
Police.
    (J) "Director" means the Director of the Illinois
Department of State Police.
    (K) "Disseminate" means to disclose or transmit conviction
information in any form, oral, written, or otherwise.
    (L) "Exigency" means pending danger or the threat of
pending danger to an individual or property.
    (M) "Non-criminal justice agency" means a State agency,
Federal agency, or unit of local government that is not a
criminal justice agency. The term does not refer to private
individuals, corporations, or non-governmental agencies or
organizations.
    (M-5) "Request" means the submission to the Department, in
the form and manner required, the necessary data elements or
fingerprints, or both, to allow the Department to initiate a
search of its criminal history record information files.
    (N) "Requester" means any private individual, corporation,
organization, employer, employment agency, labor organization,
or non-criminal justice agency that has made a request pursuant
to this Act to obtain conviction information maintained in the
files of the Department of State Police regarding a particular
individual.
    (O) "Statistical information" means data from which the
identity of an individual cannot be ascertained,
reconstructed, or verified and to which the identity of an
individual cannot be linked by the recipient of the
information.
(Source: P.A. 88-368; 88-670, eff. 12-2-94.)
 
    Section 926. The State Officers and Employees Money
Disposition Act is amended by changing Section 2 as follows:
 
    (30 ILCS 230/2)  (from Ch. 127, par. 171)
    Sec. 2. Accounts of money received; payment into State
treasury.
    (a) Every officer, board, commission, commissioner,
department, institution, arm or agency brought within the
provisions of this Act by Section 1 shall keep in proper books
a detailed itemized account of all moneys received for or on
behalf of the State of Illinois, showing the date of receipt,
the payor, and purpose and amount, and the date and manner of
disbursement as hereinafter provided, and, unless a different
time of payment is expressly provided by law or by rules or
regulations promulgated under subsection (b) of this Section,
shall pay into the State treasury the gross amount of money so
received on the day of actual physical receipt with respect to
any single item of receipt exceeding $10,000, within 24 hours
of actual physical receipt with respect to an accumulation of
receipts of $10,000 or more, or within 48 hours of actual
physical receipt with respect to an accumulation of receipts
exceeding $500 but less than $10,000, disregarding holidays,
Saturdays and Sundays, after the receipt of same, without any
deduction on account of salaries, fees, costs, charges,
expenses or claims of any description whatever; provided that:
        (1) the provisions of (i) Section 2505-475 of the
    Department of Revenue Law (20 ILCS 2505/2505-475), (ii) any
    specific taxing statute authorizing a claim for credit
    procedure instead of the actual making of refunds, (iii)
    Section 505 of the Illinois Controlled Substances Act, (iv)
    Section 85 of the Methamphetamine Control and Community
    Protection Act, authorizing the Director of State Police to
    dispose of forfeited property, which includes the sale and
    disposition of the proceeds of the sale of forfeited
    property, and the Department of Central Management
    Services to be reimbursed for costs incurred with the sales
    of forfeited vehicles, boats or aircraft and to pay to bona
    fide or innocent purchasers, conditional sales vendors or
    mortgagees of such vehicles, boats or aircraft their
    interest in such vehicles, boats or aircraft, and (v) (iv)
    Section 6b-2 of the State Finance Act, establishing
    procedures for handling cash receipts from the sale of
    pari-mutuel wagering tickets, shall not be deemed to be in
    conflict with the requirements of this Section;
        (2) any fees received by the State Registrar of Vital
    Records pursuant to the Vital Records Act which are
    insufficient in amount may be returned by the Registrar as
    provided in that Act;
        (3) any fees received by the Department of Public
    Health under the Food Handling Regulation Enforcement Act
    that are submitted for renewal of an expired food service
    sanitation manager certificate may be returned by the
    Director as provided in that Act;
        (3.5) the State Treasurer may permit the deduction of
    fees by third-party unclaimed property examiners from the
    property recovered by the examiners for the State of
    Illinois during examinations of holders located outside
    the State under which the Office of the Treasurer has
    agreed to pay for the examinations based upon a percentage,
    set by rule by the State Treasurer in accordance with the
    Illinois Administrative Procedure Act, of the property
    recovered during the examination; and
        (4) if the amount of money received does not exceed
    $500, such money may be retained and need not be paid into
    the State treasury until the total amount of money so
    received exceeds $500, or until the next succeeding 1st or
    15th day of each month (or until the next business day if
    these days fall on Sunday or a holiday), whichever is
    earlier, at which earlier time such money shall be paid
    into the State treasury, except that if a local bank or
    savings and loan association account has been authorized by
    law, any balances shall be paid into the State treasury on
    Monday of each week if more than $500 is to be deposited in
    any fund.
Single items of receipt exceeding $10,000 received after 2 p.m.
on a working day may be deemed to have been received on the
next working day for purposes of fulfilling the requirement
that the item be deposited on the day of actual physical
receipt.
    No money belonging to or left for the use of the State
shall be expended or applied except in consequence of an
appropriation made by law and upon the warrant of the State
Comptroller. However, payments made by the Comptroller to
persons by direct deposit need not be made upon the warrant of
the Comptroller, but if not made upon a warrant, shall be made
in accordance with Section 9.02 of the State Comptroller Act.
All moneys so paid into the State treasury shall, unless
required by some statute to be held in the State treasury in a
separate or special fund, be covered into the General Revenue
Fund in the State treasury. Moneys received in the form of
checks, drafts or similar instruments shall be properly
endorsed, if necessary, and delivered to the State Treasurer
for collection. The State Treasurer shall remit such collected
funds to the depositing officer, board, commission,
commissioner, department, institution, arm or agency by
Treasurers Draft or through electronic funds transfer. The
draft or notification of the electronic funds transfer shall be
provided to the State Comptroller to allow deposit into the
appropriate fund.
    (b) Different time periods for the payment of public funds
into the State treasury or to the State Treasurer, in excess of
the periods established in subsection (a) of this Section, but
not in excess of 30 days after receipt of such funds, may be
established and revised from time to time by rules or
regulations promulgated jointly by the State Treasurer and the
State Comptroller in accordance with the Illinois
Administrative Procedure Act. The different time periods
established by rule or regulation under this subsection may
vary according to the nature and amounts of the funds received,
the locations at which the funds are received, whether
compliance with the deposit requirements specified in
subsection (a) of this Section would be cost effective, and
such other circumstances and conditions as the promulgating
authorities consider to be appropriate. The Treasurer and the
Comptroller shall review all such different time periods
established pursuant to this subsection every 2 years from the
establishment thereof and upon such review, unless it is
determined that it is economically unfeasible for the agency to
comply with the provisions of subsection (a), shall repeal such
different time period.
(Source: P.A. 90-37, eff. 6-27-97; 90-655, eff. 7-30-98;
91-239, eff. 1-1-00; 91-862, eff. 1-1-01.)
 
    Section 930. The Counties Code is amended by changing
Section 5-1103 as follows:
 
    (55 ILCS 5/5-1103)  (from Ch. 34, par. 5-1103)
    Sec. 5-1103. Court services fee. A county board may enact
by ordinance or resolution a court services fee dedicated to
defraying court security expenses incurred by the sheriff in
providing court services or for any other court services deemed
necessary by the sheriff to provide for court security,
including without limitation court services provided pursuant
to Section 3-6023, as now or hereafter amended. Such fee shall
be paid in civil cases by each party at the time of filing the
first pleading, paper or other appearance; provided that no
additional fee shall be required if more than one party is
represented in a single pleading, paper or other appearance. In
criminal, local ordinance, county ordinance, traffic and
conservation cases, such fee shall be assessed against the
defendant upon a plea of guilty, stipulation of facts or
findings of guilty, resulting in a judgment of conviction, or
order of supervision, or sentence of probation without entry of
judgment pursuant to Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act, Section
70 of the Methamphetamine Control and Community Protection Act,
Section 12-4.3 of the Criminal Code of 1961, Section 10-102 of
the Illinois Alcoholism and Other Drug Dependency Act, Section
40-10 of the Alcoholism and Other Drug Abuse and Dependency
Act, or Section 10 of the Steroid Control Act. In setting such
fee, the county board may impose, with the concurrence of the
Chief Judge of the judicial circuit in which the county is
located by administrative order entered by the Chief Judge,
differential rates for the various types or categories of
criminal and civil cases, but the maximum rate shall not exceed
$25. All proceeds from this fee must be used to defray court
security expenses incurred by the sheriff in providing court
services. No fee shall be imposed or collected, however, in
traffic, conservation, and ordinance cases in which fines are
paid without a court appearance. The fees shall be collected in
the manner in which all other court fees or costs are collected
and shall be deposited into the county general fund for payment
solely of costs incurred by the sheriff in providing court
security or for any other court services deemed necessary by
the sheriff to provide for court security.
(Source: P.A. 93-558, eff. 12-1-03.)
 
    Section 935. The Park District Code is amended by changing
Section 8-23 as follows:
 
    (70 ILCS 1205/8-23)
    Sec. 8-23. Criminal background investigations.
    (a) An applicant for employment with a park district is
required as a condition of employment to authorize an
investigation to determine if the applicant has been convicted
of any of the enumerated criminal or drug offenses in
subsection (c) of this Section or has been convicted, within 7
years of the application for employment with the park district,
of any other felony under the laws of this State or of any
offense committed or attempted in any other state or against
the laws of the United States that, if committed or attempted
in this State, would have been punishable as a felony under the
laws of this State. Authorization for the investigation shall
be furnished by the applicant to the park district. Upon
receipt of this authorization, the park district shall submit
the applicant's name, sex, race, date of birth, and social
security number to the Department of State Police on forms
prescribed by the Department of State Police. The Department of
State Police shall conduct a search of the Illinois criminal
history records database to ascertain if the applicant being
considered for employment has been convicted of committing or
attempting to commit any of the enumerated criminal or drug
offenses in subsection (c) of this Section or has been
convicted of committing or attempting to commit, within 7 years
of the application for employment with the park district, any
other felony under the laws of this State. The Department of
State Police shall charge the park district a fee for
conducting the investigation, which fee shall be deposited in
the State Police Services Fund and shall not exceed the cost of
the inquiry. The applicant shall not be charged a fee by the
park district for the investigation.
    (b) If the search of the Illinois criminal history record
database indicates that the applicant has been convicted of
committing or attempting to commit any of the enumerated
criminal or drug offenses in subsection (c) or has been
convicted of committing or attempting to commit, within 7 years
of the application for employment with the park district, any
other felony under the laws of this State, the Department of
State Police and the Federal Bureau of Investigation shall
furnish, pursuant to a fingerprint based background check,
records of convictions, until expunged, to the president of the
park district. Any information concerning the record of
convictions obtained by the president shall be confidential and
may only be transmitted to those persons who are necessary to
the decision on whether to hire the applicant for employment. A
copy of the record of convictions obtained from the Department
of State Police shall be provided to the applicant for
employment. Any person who releases any confidential
information concerning any criminal convictions of an
applicant for employment shall be guilty of a Class A
misdemeanor, unless the release of such information is
authorized by this Section.
    (c) No park district shall knowingly employ a person who
has been convicted for committing attempted first degree murder
or for committing or attempting to commit first degree murder,
a Class X felony, or any one or more of the following offenses:
(i) those defined in Sections 11-6, 11-9, 11-14, 11-15,
11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20,
11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the
Criminal Code of 1961; (ii) those defined in the Cannabis
Control Act, except those defined in Sections 4(a), 4(b), and
5(a) of that Act; (iii) those defined in the Illinois
Controlled Substances Act; (iv) those defined in the
Methamphetamine Control and Community Protection Act; and (v)
(iv) any offense committed or attempted in any other state or
against the laws of the United States, which, if committed or
attempted in this State, would have been punishable as one or
more of the foregoing offenses. Further, no park district shall
knowingly employ a person who has been found to be the
perpetrator of sexual or physical abuse of any minor under 18
years of age pursuant to proceedings under Article II of the
Juvenile Court Act of 1987. No park district shall knowingly
employ a person for whom a criminal background investigation
has not been initiated.
(Source: P.A. 93-418, eff. 1-1-04.)
 
    Section 940. The Chicago Park District Act is amended by
changing Section 16a-5 as follows:
 
    (70 ILCS 1505/16a-5)
    Sec. 16a-5. Criminal background investigations.
    (a) An applicant for employment with the Chicago Park
District is required as a condition of employment to authorize
an investigation to determine if the applicant has been
convicted of any of the enumerated criminal or drug offenses in
subsection (c) of this Section or has been convicted, within 7
years of the application for employment with the Chicago Park
District, of any other felony under the laws of this State or
of any offense committed or attempted in any other state or
against the laws of the United States that, if committed or
attempted in this State, would have been punishable as a felony
under the laws of this State. Authorization for the
investigation shall be furnished by the applicant to the
Chicago Park District. Upon receipt of this authorization, the
Chicago Park District shall submit the applicant's name, sex,
race, date of birth, and social security number to the
Department of State Police on forms prescribed by the
Department of State Police. The Department of State Police
shall conduct a search of the Illinois criminal history record
information database to ascertain if the applicant being
considered for employment has been convicted of committing or
attempting to commit any of the enumerated criminal or drug
offenses in subsection (c) of this Section or has been
convicted, of committing or attempting to commit within 7 years
of the application for employment with the Chicago Park
District, any other felony under the laws of this State. The
Department of State Police shall charge the Chicago Park
District a fee for conducting the investigation, which fee
shall be deposited in the State Police Services Fund and shall
not exceed the cost of the inquiry. The applicant shall not be
charged a fee by the Chicago Park District for the
investigation.
    (b) If the search of the Illinois criminal history record
database indicates that the applicant has been convicted of
committing or attempting to commit any of the enumerated
criminal or drug offenses in subsection (c) or has been
convicted of committing or attempting to commit, within 7 years
of the application for employment with the Chicago Park
District, any other felony under the laws of this State, the
Department of State Police and the Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint based
background check, records of convictions, until expunged, to
the General Superintendent and Chief Executive Officer of the
Chicago Park District. Any information concerning the record of
convictions obtained by the General Superintendent and Chief
Executive Officer shall be confidential and may only be
transmitted to those persons who are necessary to the decision
on whether to hire the applicant for employment. A copy of the
record of convictions obtained from the Department of State
Police shall be provided to the applicant for employment. Any
person who releases any confidential information concerning
any criminal convictions of an applicant for employment shall
be guilty of a Class A misdemeanor, unless the release of such
information is authorized by this Section.
    (c) The Chicago Park District may not knowingly employ a
person who has been convicted for committing attempted first
degree murder or for committing or attempting to commit first
degree murder, a Class X felony, or any one or more of the
following offenses: (i) those defined in Sections 11-6, 11-9,
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15,
and 12-16 of the Criminal Code of 1961; (ii) those defined in
the Cannabis Control Act, except those defined in Sections
4(a), 4(b), and 5(a) of that Act; (iii) those defined in the
Illinois Controlled Substances Act; (iv) those defined in the
Methamphetamine Control and Community Protection Act; and (v)
(iv) any offense committed or attempted in any other state or
against the laws of the United States, which, if committed or
attempted in this State, would have been punishable as one or
more of the foregoing offenses. Further, the Chicago Park
District may not knowingly employ a person who has been found
to be the perpetrator of sexual or physical abuse of any minor
under 18 years of age pursuant to proceedings under Article II
of the Juvenile Court Act of 1987. The Chicago Park District
may not knowingly employ a person for whom a criminal
background investigation has not been initiated.
(Source: P.A. 93-418, eff. 1-1-04.)
 
    Section 945. The Metropolitan Transit Authority Act is
amended by changing Section 28b as follows:
 
    (70 ILCS 3605/28b)  (from Ch. 111 2/3, par. 328b)
    Sec. 28b. Any person applying for a position as a driver of
a vehicle owned by a private carrier company which provides
public transportation pursuant to an agreement with the
Authority shall be required to authorize an investigation by
the private carrier company to determine if the applicant has
been convicted of any of the following offenses: (i) those
offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1,
10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-14, 11-15, 11-15.1,
11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
11-21, 11-22, 12-4.3, 12-4.4, 12-4.5, 12-6, 12-7.1, 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.1, 18-1, 18-2, 20-1,
20-1.1, 31A-1, 31A-1.1, and 33A-2, and in subsection (a) and
subsection (b), clause (1), of Section 12-4 of the Criminal
Code of 1961; (ii) those offenses defined in the Cannabis
Control Act except those offenses defined in subsections (a)
and (b) of Section 4, and subsection (a) of Section 5 of the
Cannabis Control Act (iii) those offenses defined in the
Illinois Controlled Substances Act; (iv) those offenses
defined in the Methamphetamine Control and Community
Protection Act; and (v) (iv) any offense committed or attempted
in any other state or against the laws of the United States,
which if committed or attempted in this State would be
punishable as one or more of the foregoing offenses. Upon
receipt of this authorization, the private carrier company
shall submit the applicant's name, sex, race, date of birth,
fingerprints and social security number to the Department of
State Police on forms prescribed by the Department. The
Department of State Police shall conduct an investigation to
ascertain if the applicant has been convicted of any of the
above enumerated offenses. The Department shall charge the
private carrier company a fee for conducting the investigation,
which fee shall be deposited in the State Police Services Fund
and shall not exceed the cost of the inquiry; and the applicant
shall not be charged a fee for such investigation by the
private carrier company. The Department of State Police shall
furnish, pursuant to positive identification, records of
convictions, until expunged, to the private carrier company
which requested the investigation. A copy of the record of
convictions obtained from the Department shall be provided to
the applicant. Any record of conviction received by the private
carrier company shall be confidential. Any person who releases
any confidential information concerning any criminal
convictions of an applicant shall be guilty of a Class A
misdemeanor, unless authorized by this Section.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
 
    Section 950. The School Code is amended by changing
Sections 10-21.9, 10-27.1B, 21-23a, 34-18.5, and 34-84b as
follows:
 
    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)
    Sec. 10-21.9. Criminal history records checks.
    (a) Certified and noncertified applicants for employment
with a school district, except school bus driver applicants,
are required as a condition of employment to authorize a
fingerprint-based criminal history records check to determine
if such applicants have been convicted of any of the enumerated
criminal or drug offenses in subsection (c) of this Section or
have been convicted, within 7 years of the application for
employment with the school district, of any other felony under
the laws of this State or of any offense committed or attempted
in any other state or against the laws of the United States
that, if committed or attempted in this State, would have been
punishable as a felony under the laws of this State.
Authorization for the check shall be furnished by the applicant
to the school district, except that if the applicant is a
substitute teacher seeking employment in more than one school
district, a teacher seeking concurrent part-time employment
positions with more than one school district (as a reading
specialist, special education teacher or otherwise), or an
educational support personnel employee seeking employment
positions with more than one district, any such district may
require the applicant to furnish authorization for the check to
the regional superintendent of the educational service region
in which are located the school districts in which the
applicant is seeking employment as a substitute or concurrent
part-time teacher or concurrent educational support personnel
employee. Upon receipt of this authorization, the school
district or the appropriate regional superintendent, as the
case may be, shall submit the applicant's name, sex, race, date
of birth, social security number, fingerprint images, and other
identifiers, as prescribed by the Department of State Police,
to the Department. The regional superintendent submitting the
requisite information to the Department of State Police shall
promptly notify the school districts in which the applicant is
seeking employment as a substitute or concurrent part-time
teacher or concurrent educational support personnel employee
that the check of the applicant has been requested. The
Department of State Police and the Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint-based
criminal history records check, records of convictions, until
expunged, to the president of the school board for the school
district that requested the check, or to the regional
superintendent who requested the check. The Department shall
charge the school district or the appropriate regional
superintendent a fee for conducting such check, which fee shall
be deposited in the State Police Services Fund and shall not
exceed the cost of the inquiry; and the applicant shall not be
charged a fee for such check by the school district or by the
regional superintendent. Subject to appropriations for these
purposes, the State Superintendent of Education shall
reimburse school districts and regional superintendents for
fees paid to obtain criminal history records checks under this
Section.
    (b) Any information concerning the record of convictions
obtained by the president of the school board or the regional
superintendent shall be confidential and may only be
transmitted to the superintendent of the school district or his
designee, the appropriate regional superintendent if the check
was requested by the school district, the presidents of the
appropriate school boards if the check was requested from the
Department of State Police by the regional superintendent, the
State Superintendent of Education, the State Teacher
Certification Board or any other person necessary to the
decision of hiring the applicant for employment. A copy of the
record of convictions obtained from the Department of State
Police shall be provided to the applicant for employment. If a
check of an applicant for employment as a substitute or
concurrent part-time teacher or concurrent educational support
personnel employee in more than one school district was
requested by the regional superintendent, and the Department of
State Police upon a check ascertains that the applicant has not
been convicted of any of the enumerated criminal or drug
offenses in subsection (c) or has not been convicted, within 7
years of the application for employment with the school
district, of any other felony under the laws of this State or
of any offense committed or attempted in any other state or
against the laws of the United States that, if committed or
attempted in this State, would have been punishable as a felony
under the laws of this State and so notifies the regional
superintendent, then the regional superintendent shall issue
to the applicant a certificate evidencing that as of the date
specified by the Department of State Police the applicant has
not been convicted of any of the enumerated criminal or drug
offenses in subsection (c) or has not been convicted, within 7
years of the application for employment with the school
district, of any other felony under the laws of this State or
of any offense committed or attempted in any other state or
against the laws of the United States that, if committed or
attempted in this State, would have been punishable as a felony
under the laws of this State. The school board of any school
district located in the educational service region served by
the regional superintendent who issues such a certificate to an
applicant for employment as a substitute teacher in more than
one such district may rely on the certificate issued by the
regional superintendent to that applicant, or may initiate its
own criminal history records check of the applicant through the
Department of State Police as provided in subsection (a). Any
person who releases any confidential information concerning
any criminal convictions of an applicant for employment shall
be guilty of a Class A misdemeanor, unless the release of such
information is authorized by this Section.
    (c) No school board shall knowingly employ a person who has
been convicted for committing attempted first degree murder or
for committing or attempting to commit first degree murder or a
Class X felony or any one or more of the following offenses:
(i) those defined in Sections 11-6, 11-9, 11-14, 11-15,
11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20,
11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the
"Criminal Code of 1961"; (ii) those defined in the "Cannabis
Control Act" except those defined in Sections 4(a), 4(b) and
5(a) of that Act; (iii) those defined in the "Illinois
Controlled Substances Act"; (iv) those defined in the
Methamphetamine Control and Community Protection Act; and (v)
(iv) any offense committed or attempted in any other state or
against the laws of the United States, which if committed or
attempted in this State, would have been punishable as one or
more of the foregoing offenses. Further, no school board shall
knowingly employ a person who has been found to be the
perpetrator of sexual or physical abuse of any minor under 18
years of age pursuant to proceedings under Article II of the
Juvenile Court Act of 1987.
    (d) No school board shall knowingly employ a person for
whom a criminal history records check has not been initiated.
    (e) Upon receipt of the record of a conviction of or a
finding of child abuse by a holder of any certificate issued
pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
Code, the appropriate regional superintendent of schools or the
State Superintendent of Education shall initiate the
certificate suspension and revocation proceedings authorized
by law.
    (f) After January 1, 1990 the provisions of this Section
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal history records checks on employees of persons or
firms holding contracts with more than one school district and
assigned to more than one school district, the regional
superintendent of the educational service region in which the
contracting school districts are located may, at the request of
any such school district, be responsible for receiving the
authorization for a check prepared by each such employee and
submitting the same to the Department of State Police. Any
information concerning the record of conviction of any such
employee obtained by the regional superintendent shall be
promptly reported to the president of the appropriate school
board or school boards.
(Source: P.A. 93-418, eff. 1-1-04; 93-909, eff. 8-12-04.)
 
    (105 ILCS 5/10-27.1B)
    Sec. 10-27.1B. Reporting drug-related incidents in
schools.
    (a) In this Section:
    "Drug" means "cannabis" as defined under subsection (a) of
Section 3 of the Cannabis Control Act, or "narcotic drug" as
defined under subsection (aa) of Section 102 of the Illinois
Controlled Substances Act, or "methamphetamine" as defined
under Section 10 of the Methamphetamine Control and Community
Protection Act.
    "School" means any public or private elementary or
secondary school.
    (b) Upon receipt of any written, electronic, or verbal
report from any school personnel regarding a verified incident
involving drugs in a school or on school owned or leased
property, including any conveyance owned, leased, or used by
the school for the transport of students or school personnel,
the superintendent or his or her designee, or other appropriate
administrative officer for a private school, shall report all
such drug-related incidents occurring in a school or on school
property to the local law enforcement authorities immediately
and to the Department of State Police in a form, manner, and
frequency as prescribed by the Department of State Police.
    (c) The State Board of Education shall receive an annual
statistical compilation and related data associated with
drug-related incidents in schools from the Department of State
Police. The State Board of Education shall compile this
information by school district and make it available to the
public.
(Source: P.A. 91-491, eff. 8-13-99.)
 
    (105 ILCS 5/21-23a)  (from Ch. 122, par. 21-23a)
    Sec. 21-23a. Conviction of sex or narcotics offense, first
degree murder, attempted first degree murder, or Class X felony
as grounds for revocation of certificate.
    (a) Whenever the holder of any certificate issued pursuant
to this Article has been convicted of any sex offense or
narcotics offense as defined in this Section, the regional
superintendent or the State Superintendent of Education shall
forthwith suspend the certificate. If the conviction is
reversed and the holder is acquitted of the offense in a new
trial or the charges against him are dismissed, the suspending
authority shall forthwith terminate the suspension of the
certificate. When the conviction becomes final, the State
Superintendent of Education shall forthwith revoke the
certificate. "Sex offense" as used in this Section means any
one or more of the following offenses: (1) any offense defined
in Sections 11-6 and 11-9 and Sections 11-14 through 11-21,
inclusive, and Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16
of the "Criminal Code of 1961"; (2) any attempt to commit any
of the foregoing offenses, and (3) any offense committed or
attempted in any other state which, if committed or attempted
in this State, would have been punishable as one or more of the
foregoing offenses. "Narcotics offense" as used in this Section
means any one or more of the following offenses: (1) any
offense defined in the "Cannabis Control Act" except those
defined in Sections 4(a), 4(b) and 5(a) of that Act and any
offense for which the holder of any certificate is placed on
probation under the provisions of Section 10 of that Act and
fulfills the terms and conditions of probation as may be
required by the court; (2) any offense defined in the "Illinois
Controlled Substances Act" except any offense for which the
holder of any certificate is placed on probation under the
provisions of Section 410 of that Act and fulfills the terms
and conditions of probation as may be required by the court;
(3) any offense defined in the Methamphetamine Control and
Community Protection Act except any offense for which the
holder of any certificate is placed on probation under the
provision of Section 70 of that Act and fulfills the terms and
conditions of probation as may be required by the court; (4)
(3) any attempt to commit any of the foregoing offenses; and
(5) (4) any offense committed or attempted in any other state
or against the laws of the United States which, if committed or
attempted in this State, would have been punishable as one or
more of the foregoing offenses.
    (b) Whenever the holder of a certificate issued pursuant to
this Article has been convicted of first degree murder,
attempted first degree murder, or a Class X felony, the
regional superintendent or the State Superintendent of
Education shall forthwith suspend the certificate. If the
conviction is reversed and the holder is acquitted of that
offense in a new trial or the charges that he or she committed
that offense are dismissed, the suspending authority shall
forthwith terminate the suspension of the certificate. When the
conviction becomes final, the State Superintendent of
Education shall forthwith revoke the certificate. The stated
offenses of "first degree murder", "attempted first degree
murder", and "Class X felony" referred to in this Section
include any offense committed in another state that, if
committed in this State, would have been punishable as any one
of the stated offenses.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
89-610, eff. 8-6-96.)
 
    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
    Sec. 34-18.5. Criminal history records checks.
    (a) Certified and noncertified applicants for employment
with the school district are required as a condition of
employment to authorize a fingerprint-based criminal history
records check to determine if such applicants have been
convicted of any of the enumerated criminal or drug offenses in
subsection (c) of this Section or have been convicted, within 7
years of the application for employment with the school
district, of any other felony under the laws of this State or
of any offense committed or attempted in any other state or
against the laws of the United States that, if committed or
attempted in this State, would have been punishable as a felony
under the laws of this State. Authorization for the check shall
be furnished by the applicant to the school district, except
that if the applicant is a substitute teacher seeking
employment in more than one school district, or a teacher
seeking concurrent part-time employment positions with more
than one school district (as a reading specialist, special
education teacher or otherwise), or an educational support
personnel employee seeking employment positions with more than
one district, any such district may require the applicant to
furnish authorization for the check to the regional
superintendent of the educational service region in which are
located the school districts in which the applicant is seeking
employment as a substitute or concurrent part-time teacher or
concurrent educational support personnel employee. Upon
receipt of this authorization, the school district or the
appropriate regional superintendent, as the case may be, shall
submit the applicant's name, sex, race, date of birth, social
security number, fingerprint images, and other identifiers, as
prescribed by the Department of State Police, to the
Department. The regional superintendent submitting the
requisite information to the Department of State Police shall
promptly notify the school districts in which the applicant is
seeking employment as a substitute or concurrent part-time
teacher or concurrent educational support personnel employee
that the check of the applicant has been requested. The
Department of State Police and the Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint-based
criminal history records check, records of convictions, until
expunged, to the president of the school board for the school
district that requested the check, or to the regional
superintendent who requested the check. The Department shall
charge the school district or the appropriate regional
superintendent a fee for conducting such check, which fee shall
be deposited in the State Police Services Fund and shall not
exceed the cost of the inquiry; and the applicant shall not be
charged a fee for such check by the school district or by the
regional superintendent. Subject to appropriations for these
purposes, the State Superintendent of Education shall
reimburse the school district and regional superintendent for
fees paid to obtain criminal history records checks under this
Section.
    (b) Any information concerning the record of convictions
obtained by the president of the board of education or the
regional superintendent shall be confidential and may only be
transmitted to the general superintendent of the school
district or his designee, the appropriate regional
superintendent if the check was requested by the board of
education for the school district, the presidents of the
appropriate board of education or school boards if the check
was requested from the Department of State Police by the
regional superintendent, the State Superintendent of
Education, the State Teacher Certification Board or any other
person necessary to the decision of hiring the applicant for
employment. A copy of the record of convictions obtained from
the Department of State Police shall be provided to the
applicant for employment. If a check of an applicant for
employment as a substitute or concurrent part-time teacher or
concurrent educational support personnel employee in more than
one school district was requested by the regional
superintendent, and the Department of State Police upon a check
ascertains that the applicant has not been convicted of any of
the enumerated criminal or drug offenses in subsection (c) or
has not been convicted, within 7 years of the application for
employment with the school district, of any other felony under
the laws of this State or of any offense committed or attempted
in any other state or against the laws of the United States
that, if committed or attempted in this State, would have been
punishable as a felony under the laws of this State and so
notifies the regional superintendent, then the regional
superintendent shall issue to the applicant a certificate
evidencing that as of the date specified by the Department of
State Police the applicant has not been convicted of any of the
enumerated criminal or drug offenses in subsection (c) or has
not been convicted, within 7 years of the application for
employment with the school district, of any other felony under
the laws of this State or of any offense committed or attempted
in any other state or against the laws of the United States
that, if committed or attempted in this State, would have been
punishable as a felony under the laws of this State. The school
board of any school district located in the educational service
region served by the regional superintendent who issues such a
certificate to an applicant for employment as a substitute or
concurrent part-time teacher or concurrent educational support
personnel employee in more than one such district may rely on
the certificate issued by the regional superintendent to that
applicant, or may initiate its own criminal history records
check of the applicant through the Department of State Police
as provided in subsection (a). Any person who releases any
confidential information concerning any criminal convictions
of an applicant for employment shall be guilty of a Class A
misdemeanor, unless the release of such information is
authorized by this Section.
    (c) The board of education shall not knowingly employ a
person who has been convicted for committing attempted first
degree murder or for committing or attempting to commit first
degree murder or a Class X felony or any one or more of the
following offenses: (i) those defined in Sections 11-6, 11-9,
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15
and 12-16 of the Criminal Code of 1961; (ii) those defined in
the Cannabis Control Act, except those defined in Sections
4(a), 4(b) and 5(a) of that Act; (iii) those defined in the
Illinois Controlled Substances Act; (iv) those defined in the
Methamphetamine Control and Community Protection Act; and (v)
(iv) any offense committed or attempted in any other state or
against the laws of the United States, which if committed or
attempted in this State, would have been punishable as one or
more of the foregoing offenses. Further, the board of education
shall not knowingly employ a person who has been found to be
the perpetrator of sexual or physical abuse of any minor under
18 years of age pursuant to proceedings under Article II of the
Juvenile Court Act of 1987.
    (d) The board of education shall not knowingly employ a
person for whom a criminal history records check has not been
initiated.
    (e) Upon receipt of the record of a conviction of or a
finding of child abuse by a holder of any certificate issued
pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
Code, the board of education or the State Superintendent of
Education shall initiate the certificate suspension and
revocation proceedings authorized by law.
    (f) After March 19, 1990, the provisions of this Section
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal history records checks on employees of persons or
firms holding contracts with more than one school district and
assigned to more than one school district, the regional
superintendent of the educational service region in which the
contracting school districts are located may, at the request of
any such school district, be responsible for receiving the
authorization for a check prepared by each such employee and
submitting the same to the Department of State Police. Any
information concerning the record of conviction of any such
employee obtained by the regional superintendent shall be
promptly reported to the president of the appropriate school
board or school boards.
(Source: P.A. 93-418, eff. 1-1-04; 93-909, eff. 8-12-04.)
 
    (105 ILCS 5/34-84b)  (from Ch. 122, par. 34-84b)
    Sec. 34-84b. Conviction of sex or narcotics offense, first
degree murder, attempted first degree murder, or Class X felony
as grounds for revocation of certificate.
    (a) Whenever the holder of any certificate issued by the
board of education has been convicted of any sex offense or
narcotics offense as defined in this Section, the board of
education shall forthwith suspend the certificate. If the
conviction is reversed and the holder is acquitted of the
offense in a new trial or the charges against him are
dismissed, the board shall forthwith terminate the suspension
of the certificate. When the conviction becomes final, the
board shall forthwith revoke the certificate. "Sex offense" as
used in this Section means any one or more of the following
offenses: (1) any offense defined in Sections 11-6 and 11-9 and
Sections 11-14 through 11-21, inclusive, and Sections 12-13,
12-14, 12-14.1, 12-15 and 12-16 of the "Criminal Code of 1961";
(2) any attempt to commit any of the foregoing offenses, and
(3) any offense committed or attempted in any other state
which, if committed or attempted in this State, would have been
punishable as one or more of the foregoing offenses. "Narcotics
offense" as used in this Section means any one or more of the
following offenses: (1) any offense defined in the "Cannabis
Control Act" except those defined in Sections 4(a), 4(b) and
5(a) of that Act and any offense for which the holder of any
certificate is placed on probation under the provisions of
Section 10 of that Act and fulfills the terms and conditions of
probation as may be required by the court; (2) any offense
defined in the "Illinois Controlled Substances Act" except any
offense for which the holder of any certificate is placed on
probation under the provisions of Section 410 of that Act and
fulfills the terms and conditions of probation as may be
required by the court; (3) any offense defined in the
Methamphetamine Control and Community Protection Act except
any offense for which the holder of any certificate is placed
on probation under the provision of Section 70 of that Act and
fulfills the terms and conditions of probation as may be
required by the court; (4) (3) any attempt to commit any of the
foregoing offenses; and (5) (4) any offense committed or
attempted in any other state or against the laws of the United
States which, if committed or attempted in this State, would
have been punishable as one or more of the foregoing offenses.
    (b) Whenever the holder of any certificate issued by the
board of education or pursuant to Article 21 or any other
provisions of the School Code has been convicted of first
degree murder, attempted first degree murder, or a Class X
felony, the board of education or the State Superintendent of
Education shall forthwith suspend the certificate. If the
conviction is reversed and the holder is acquitted of that
offense in a new trial or the charges that he or she committed
that offense are dismissed, the suspending authority shall
forthwith terminate the suspension of the certificate. When the
conviction becomes final, the State Superintendent of
Education shall forthwith revoke the certificate. The stated
offenses of "first degree murder", "attempted first degree
murder", and "Class X felony" referred to in this Section
include any offense committed in another state that, if
committed in this State, would have been punishable as any one
of the stated offenses.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
89-610, eff. 8-6-96.)
 
    Section 955. The School Reporting of Drug Violations Act is
amended by changing Section 2 as follows:
 
    (105 ILCS 127/2)
    Sec. 2. Duty of school administrators. It is the duty of
the principal of a public elementary or secondary school, or
his or her designee, and the chief administrative officer of a
private elementary or secondary school or a public or private
community college, college, or university, or his or her
designee, to report to the municipal police department or
office of the county sheriff of the municipality or county
where the school is located violations of Section 5.2 of the
Cannabis Control Act, and violations of Section 401 and
subsection (b) of Section 407 of the Illinois Controlled
Substances Act, and violations of the Methamphetamine Control
and Community Protection Act occurring in a school, on the real
property comprising any school, on a public way within 1,000
feet of a school, or in any conveyance owned, leased, or
contracted by a school to transport students to or from school
or a school related activity within 48 hours of becoming aware
of the incident.
(Source: P.A. 90-395, eff. 8-15-97.)
 
    Section 960. The Acupuncture Practice Act is amended by
changing Section 135 as follows:
 
    (225 ILCS 2/135)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 135. Criminal violations. Whoever knowingly practices
or offers to practice acupuncture in this State without being
licensed for that purpose shall be guilty of a Class A
misdemeanor and for each subsequent conviction shall be guilty
of a Class 4 felony. Notwithstanding any other provision of
this Act, all criminal fines, moneys, or other property
collected or received by the Department under this Section or
any other State or federal statute, including but not limited
to property forfeited to the Department under Section 505 of
the Illinois Controlled Substances Act or Section 85 of the
Methamphetamine Control and Community Protection Act, shall be
deposited into the Professional Regulation Evidence Fund.
(Source: P.A. 90-61, eff. 7-3-97.)
 
    Section 965. The Child Care Act of 1969 is amended by
changing Section 4.2 as follows:
 
    (225 ILCS 10/4.2)  (from Ch. 23, par. 2214.2)
    Sec. 4.2. (a) No applicant may receive a license from the
Department and no person may be employed by a licensed child
care facility who refuses to authorize an investigation as
required by Section 4.1.
    (b) In addition to the other provisions of this Section, no
applicant may receive a license from the Department and no
person may be employed by a child care facility licensed by the
Department who has been declared a sexually dangerous person
under "An Act in relation to sexually dangerous persons, and
providing for their commitment, detention and supervision",
approved July 6, 1938, as amended, or convicted of committing
or attempting to commit any of the following offenses
stipulated under the Criminal Code of 1961:
        (1) murder;
        (1.1) solicitation of murder;
        (1.2) solicitation of murder for hire;
        (1.3) intentional homicide of an unborn child;
        (1.4) voluntary manslaughter of an unborn child;
        (1.5) involuntary manslaughter;
        (1.6) reckless homicide;
        (1.7) concealment of a homicidal death;
        (1.8) involuntary manslaughter of an unborn child;
        (1.9) reckless homicide of an unborn child;
        (1.10) drug-induced homicide;
        (2) a sex offense under Article 11, except offenses
    described in Sections 11-7, 11-8, 11-12, and 11-13;
        (3) kidnapping;
        (3.1) aggravated unlawful restraint;
        (3.2) forcible detention;
        (3.3) harboring a runaway;
        (3.4) aiding and abetting child abduction;
        (4) aggravated kidnapping;
        (5) child abduction;
        (6) aggravated battery of a child;
        (7) criminal sexual assault;
        (8) aggravated criminal sexual assault;
        (8.1) predatory criminal sexual assault of a child;
        (9) criminal sexual abuse;
        (10) aggravated sexual abuse;
        (11) heinous battery;
        (12) aggravated battery with a firearm;
        (13) tampering with food, drugs, or cosmetics;
        (14) drug induced infliction of great bodily harm;
        (15) hate crime;
        (16) stalking;
        (17) aggravated stalking;
        (18) threatening public officials;
        (19) home invasion;
        (20) vehicular invasion;
        (21) criminal transmission of HIV;
        (22) criminal abuse or neglect of an elderly or
    disabled person;
        (23) child abandonment;
        (24) endangering the life or health of a child;
        (25) ritual mutilation;
        (26) ritualized abuse of a child;
        (27) an offense in any other jurisdiction the elements
    of which are similar and bear a substantial relationship to
    any of the foregoing offenses.
    (b-1) In addition to the other provisions of this Section,
beginning January 1, 2004, no new applicant and, on the date of
licensure renewal, no current licensee may operate or receive a
license from the Department to operate, no person may be
employed by, and no adult person may reside in a child care
facility licensed by the Department who has been convicted of
committing or attempting to commit any of the following
offenses or an offense in any other jurisdiction the elements
of which are similar and bear a substantial relationship to any
of the following offenses:
 
(I) BODILY HARM

 
        (1) Felony aggravated assault.
        (2) Vehicular endangerment.
        (3) Felony domestic battery.
        (4) Aggravated battery.
        (5) Heinous battery.
        (6) Aggravated battery with a firearm.
        (7) Aggravated battery of an unborn child.
        (8) Aggravated battery of a senior citizen.
        (9) Intimidation.
        (10) Compelling organization membership of persons.
        (11) Abuse and gross neglect of a long term care
    facility resident.
        (12) Felony violation of an order of protection.
 
(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 
        (1) Felony unlawful use of weapons.
        (2) Aggravated discharge of a firearm.
        (3) Reckless discharge of a firearm.
        (4) Unlawful use of metal piercing bullets.
        (5) Unlawful sale or delivery of firearms on the
    premises of any school.
        (6) Disarming a police officer.
        (7) Obstructing justice.
        (8) Concealing or aiding a fugitive.
        (9) Armed violence.
        (10) Felony contributing to the criminal delinquency
    of a juvenile.
 
(III) DRUG OFFENSES

 
        (1) Possession of more than 30 grams of cannabis.
        (2) Manufacture of more than 10 grams of cannabis.
        (3) Cannabis trafficking.
        (4) Delivery of cannabis on school grounds.
        (5) Unauthorized production of more than 5 cannabis
    sativa plants.
        (6) Calculated criminal cannabis conspiracy.
        (7) Unauthorized manufacture or delivery of controlled
    substances.
        (8) Controlled substance trafficking.
        (9) Manufacture, distribution, or advertisement of
    look-alike substances.
        (10) Calculated criminal drug conspiracy.
        (11) Street gang criminal drug conspiracy.
        (12) Permitting unlawful use of a building.
        (13) Delivery of controlled, counterfeit, or
    look-alike substances to persons under age 18, or at truck
    stops, rest stops, or safety rest areas, or on school
    property.
        (14) Using, engaging, or employing persons under 18 to
    deliver controlled, counterfeit, or look-alike substances.
        (15) Delivery of controlled substances.
        (16) Sale or delivery of drug paraphernalia.
        (17) Felony possession, sale, or exchange of
    instruments adapted for use of a controlled substance,
    methamphetamine, or cannabis by subcutaneous injection.
        (18) Felony possession of a controlled substance.
        (19) Any violation of the Methamphetamine Control and
    Community Protection Act.
    (b-2) For child care facilities other than foster family
homes, the Department may issue a new child care facility
license to or renew the existing child care facility license of
an applicant, a person employed by a child care facility, or an
applicant who has an adult residing in a home child care
facility who was convicted of an offense described in
subsection (b-1), provided that all of the following
requirements are met:
        (1) The relevant criminal offense occurred more than 5
    years prior to the date of application or renewal, except
    for drug offenses. The relevant drug offense must have
    occurred more than 10 years prior to the date of
    application or renewal, unless the applicant passed a drug
    test, arranged and paid for by the child care facility, no
    less than 5 years after the offense.
        (2) The Department must conduct a background check and
    assess all convictions and recommendations of the child
    care facility to determine if waiver shall apply in
    accordance with Department administrative rules and
    procedures.
        (3) The applicant meets all other requirements and
    qualifications to be licensed as the pertinent type of
    child care facility under this Act and the Department's
    administrative rules.
    (c) In addition to the other provisions of this Section, no
applicant may receive a license from the Department to operate
a foster family home, and no adult person may reside in a
foster family home licensed by the Department, who has been
convicted of committing or attempting to commit any of the
following offenses stipulated under the Criminal Code of 1961,
the Cannabis Control Act, the Methamphetamine Control and
Community Protection Act, and the Illinois Controlled
Substances Act:
 
(I) OFFENSES DIRECTED AGAINST THE PERSON

 
    (A) KIDNAPPING AND RELATED OFFENSES
        (1) Unlawful restraint.
 
    (B) BODILY HARM
        (2) Felony aggravated assault.
        (3) Vehicular endangerment.
        (4) Felony domestic battery.
        (5) Aggravated battery.
        (6) Heinous battery.
        (7) Aggravated battery with a firearm.
        (8) Aggravated battery of an unborn child.
        (9) Aggravated battery of a senior citizen.
        (10) Intimidation.
        (11) Compelling organization membership of persons.
        (12) Abuse and gross neglect of a long term care
    facility resident.
        (13) Felony violation of an order of protection.
 
(II) OFFENSES DIRECTED AGAINST PROPERTY

 
        (14) Felony theft.
        (15) Robbery.
        (16) Armed robbery.
        (17) Aggravated robbery.
        (18) Vehicular hijacking.
        (19) Aggravated vehicular hijacking.
        (20) Burglary.
        (21) Possession of burglary tools.
        (22) Residential burglary.
        (23) Criminal fortification of a residence or
    building.
        (24) Arson.
        (25) Aggravated arson.
        (26) Possession of explosive or explosive incendiary
    devices.
 
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 
        (27) Felony unlawful use of weapons.
        (28) Aggravated discharge of a firearm.
        (29) Reckless discharge of a firearm.
        (30) Unlawful use of metal piercing bullets.
        (31) Unlawful sale or delivery of firearms on the
    premises of any school.
        (32) Disarming a police officer.
        (33) Obstructing justice.
        (34) Concealing or aiding a fugitive.
        (35) Armed violence.
        (36) Felony contributing to the criminal delinquency
    of a juvenile.
 
(IV) DRUG OFFENSES

 
        (37) Possession of more than 30 grams of cannabis.
        (38) Manufacture of more than 10 grams of cannabis.
        (39) Cannabis trafficking.
        (40) Delivery of cannabis on school grounds.
        (41) Unauthorized production of more than 5 cannabis
    sativa plants.
        (42) Calculated criminal cannabis conspiracy.
        (43) Unauthorized manufacture or delivery of
    controlled substances.
        (44) Controlled substance trafficking.
        (45) Manufacture, distribution, or advertisement of
    look-alike substances.
        (46) Calculated criminal drug conspiracy.
        (46.5) Streetgang criminal drug conspiracy.
        (47) Permitting unlawful use of a building.
        (48) Delivery of controlled, counterfeit, or
    look-alike substances to persons under age 18, or at truck
    stops, rest stops, or safety rest areas, or on school
    property.
        (49) Using, engaging, or employing persons under 18 to
    deliver controlled, counterfeit, or look-alike substances.
        (50) Delivery of controlled substances.
        (51) Sale or delivery of drug paraphernalia.
        (52) Felony possession, sale, or exchange of
    instruments adapted for use of a controlled substance,
    methamphetamine, or cannabis by subcutaneous injection.
        (53) Any violation of the Methamphetamine Control and
    Community Protection Act.
    (d) Notwithstanding subsection (c), the Department may
issue a new foster family home license or may renew an existing
foster family home license of an applicant who was convicted of
an offense described in subsection (c), provided all of the
following requirements are met:
        (1) The relevant criminal offense or offenses occurred
    more than 10 years prior to the date of application or
    renewal.
        (2) The applicant had previously disclosed the
    conviction or convictions to the Department for purposes of
    a background check.
        (3) After the disclosure, the Department either placed
    a child in the home or the foster family home license was
    issued.
        (4) During the background check, the Department had
    assessed and waived the conviction in compliance with the
    existing statutes and rules in effect at the time of the
    waiver.
        (5) The applicant meets all other requirements and
    qualifications to be licensed as a foster family home under
    this Act and the Department's administrative rules.
        (6) The applicant has a history of providing a safe,
    stable home environment and appears able to continue to
    provide a safe, stable home environment.
(Source: P.A. 92-328, eff. 1-1-02; 93-151, eff. 7-10-03.)
 
    Section 970. The Health Care Worker Background Check Act is
amended by changing Section 25 as follows:
 
    (225 ILCS 46/25)
    Sec. 25. Persons ineligible to be hired by health care
employers.
    (a) After January 1, 1996, or January 1, 1997, as
applicable, no health care employer shall knowingly hire,
employ, or retain any individual in a position with duties
involving direct care for clients, patients, or residents, who
has been convicted of committing or attempting to commit one or
more of the offenses defined in Sections 8-1.1, 8-1.2, 9-1,
9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3, 10-1, 10-2, 10-3,
10-3.1, 10-4, 10-5, 10-7, 11-6, 11-9.1, 11-19.2, 11-20.1, 12-1,
12-2, 12-3, 12-3.1, 12-3.2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13, 12-14,
12-14.1, 12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32, 12-33,
16-1, 16-1.3, 16A-3, 17-3, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1,
19-3, 19-4, 20-1, 20-1.1, 24-1, 24-1.2, 24-1.5, or 33A-2 of the
Criminal Code of 1961; those provided in Section 4 of the
Wrongs to Children Act; those provided in Section 53 of the
Criminal Jurisprudence Act; those defined in Section 5, 5.1,
5.2, 7, or 9 of the Cannabis Control Act; those defined in the
Methamphetamine Control and Community Protection Act; or those
defined in Sections 401, 401.1, 404, 405, 405.1, 407, or 407.1
of the Illinois Controlled Substances Act, unless the applicant
or employee obtains a waiver pursuant to Section 40.
    (a-1) After January 1, 2004, no health care employer shall
knowingly hire any individual in a position with duties
involving direct care for clients, patients, or residents who
has (i) been convicted of committing or attempting to commit
one or more of the offenses defined in Section 12-3.3,
12-4.2-5, 16-2, 16G-15, 16G-20, 18-5, 20-1.2, 24-1.1,
24-1.2-5, 24-1.6, 24-3.2, or 24-3.3 of the Criminal Code of
1961; Section 4, 5, 6, 8, or 17.02 of the Illinois Credit Card
and Debit Card Act; or Section 5.1 of the Wrongs to Children
Act; or (ii) violated Section 10-5 of the Nursing and Advanced
Practice Nursing Act.
    A UCIA criminal history record check need not be redone for
health care employees who have been continuously employed by a
health care employer since January 1, 2004, but nothing in this
Section prohibits a health care employer from initiating a
criminal history check for these employees.
    A health care employer is not required to retain an
individual in a position with duties involving direct care for
clients, patients, or residents who has been convicted of
committing or attempting to commit one or more of the offenses
enumerated in this subsection.
    (b) A health care employer shall not hire, employ, or
retain any individual in a position with duties involving
direct care of clients, patients, or residents if the health
care employer becomes aware that the individual has been
convicted in another state of committing or attempting to
commit an offense that has the same or similar elements as an
offense listed in subsection (a) or (a-1), as verified by court
records, records from a state agency, or an FBI criminal
history record check. This shall not be construed to mean that
a health care employer has an obligation to conduct a criminal
history records check in other states in which an employee has
resided.
(Source: P.A. 93-224, eff. 7-18-03.)
 
    Section 975. The Medical Practice Act of 1987 is amended by
changing Section 22 as follows:
 
    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
    (Section scheduled to be repealed on January 1, 2007)
    Sec. 22. Disciplinary action.
    (A) The Department may revoke, suspend, place on
probationary status, or take any other disciplinary action as
the Department may deem proper with regard to the license or
visiting professor permit of any person issued under this Act
to practice medicine, or to treat human ailments without the
use of drugs and without operative surgery upon any of the
following grounds:
        (1) Performance of an elective abortion in any place,
    locale, facility, or institution other than:
            (a) a facility licensed pursuant to the Ambulatory
        Surgical Treatment Center Act;
            (b) an institution licensed under the Hospital
        Licensing Act; or
            (c) an ambulatory surgical treatment center or
        hospitalization or care facility maintained by the
        State or any agency thereof, where such department or
        agency has authority under law to establish and enforce
        standards for the ambulatory surgical treatment
        centers, hospitalization, or care facilities under its
        management and control; or
            (d) ambulatory surgical treatment centers,
        hospitalization or care facilities maintained by the
        Federal Government; or
            (e) ambulatory surgical treatment centers,
        hospitalization or care facilities maintained by any
        university or college established under the laws of
        this State and supported principally by public funds
        raised by taxation.
        (2) Performance of an abortion procedure in a wilful
    and wanton manner on a woman who was not pregnant at the
    time the abortion procedure was performed.
        (3) The conviction of a felony in this or any other
    jurisdiction, except as otherwise provided in subsection B
    of this Section, whether or not related to practice under
    this Act, or the entry of a guilty or nolo contendere plea
    to a felony charge.
        (4) Gross negligence in practice under this Act.
        (5) Engaging in dishonorable, unethical or
    unprofessional conduct of a character likely to deceive,
    defraud or harm the public.
        (6) Obtaining any fee by fraud, deceit, or
    misrepresentation.
        (7) Habitual or excessive use or abuse of drugs defined
    in law as controlled substances, of alcohol, or of any
    other substances which results in the inability to practice
    with reasonable judgment, skill or safety.
        (8) Practicing under a false or, except as provided by
    law, an assumed name.
        (9) Fraud or misrepresentation in applying for, or
    procuring, a license under this Act or in connection with
    applying for renewal of a license under this Act.
        (10) Making a false or misleading statement regarding
    their skill or the efficacy or value of the medicine,
    treatment, or remedy prescribed by them at their direction
    in the treatment of any disease or other condition of the
    body or mind.
        (11) Allowing another person or organization to use
    their license, procured under this Act, to practice.
        (12) Disciplinary action of another state or
    jurisdiction against a license or other authorization to
    practice as a medical doctor, doctor of osteopathy, doctor
    of osteopathic medicine or doctor of chiropractic, a
    certified copy of the record of the action taken by the
    other state or jurisdiction being prima facie evidence
    thereof.
        (13) Violation of any provision of this Act or of the
    Medical Practice Act prior to the repeal of that Act, or
    violation of the rules, or a final administrative action of
    the Director, after consideration of the recommendation of
    the Disciplinary Board.
        (14) Dividing with anyone other than physicians with
    whom the licensee practices in a partnership, Professional
    Association, limited liability company, or Medical or
    Professional Corporation any fee, commission, rebate or
    other form of compensation for any professional services
    not actually and personally rendered. Nothing contained in
    this subsection prohibits persons holding valid and
    current licenses under this Act from practicing medicine in
    partnership under a partnership agreement, including a
    limited liability partnership, in a limited liability
    company under the Limited Liability Company Act, in a
    corporation authorized by the Medical Corporation Act, as
    an association authorized by the Professional Association
    Act, or in a corporation under the Professional Corporation
    Act or from pooling, sharing, dividing or apportioning the
    fees and monies received by them or by the partnership,
    corporation or association in accordance with the
    partnership agreement or the policies of the Board of
    Directors of the corporation or association. Nothing
    contained in this subsection prohibits 2 or more
    corporations authorized by the Medical Corporation Act,
    from forming a partnership or joint venture of such
    corporations, and providing medical, surgical and
    scientific research and knowledge by employees of these
    corporations if such employees are licensed under this Act,
    or from pooling, sharing, dividing, or apportioning the
    fees and monies received by the partnership or joint
    venture in accordance with the partnership or joint venture
    agreement. Nothing contained in this subsection shall
    abrogate the right of 2 or more persons, holding valid and
    current licenses under this Act, to each receive adequate
    compensation for concurrently rendering professional
    services to a patient and divide a fee; provided, the
    patient has full knowledge of the division, and, provided,
    that the division is made in proportion to the services
    performed and responsibility assumed by each.
        (15) A finding by the Medical Disciplinary Board that
    the registrant after having his or her license placed on
    probationary status or subjected to conditions or
    restrictions violated the terms of the probation or failed
    to comply with such terms or conditions.
        (16) Abandonment of a patient.
        (17) Prescribing, selling, administering,
    distributing, giving or self-administering any drug
    classified as a controlled substance (designated product)
    or narcotic for other than medically accepted therapeutic
    purposes.
        (18) Promotion of the sale of drugs, devices,
    appliances or goods provided for a patient in such manner
    as to exploit the patient for financial gain of the
    physician.
        (19) Offering, undertaking or agreeing to cure or treat
    disease by a secret method, procedure, treatment or
    medicine, or the treating, operating or prescribing for any
    human condition by a method, means or procedure which the
    licensee refuses to divulge upon demand of the Department.
        (20) Immoral conduct in the commission of any act
    including, but not limited to, commission of an act of
    sexual misconduct related to the licensee's practice.
        (21) Wilfully making or filing false records or reports
    in his or her practice as a physician, including, but not
    limited to, false records to support claims against the
    medical assistance program of the Department of Public Aid
    under the Illinois Public Aid Code.
        (22) Wilful omission to file or record, or wilfully
    impeding the filing or recording, or inducing another
    person to omit to file or record, medical reports as
    required by law, or wilfully failing to report an instance
    of suspected abuse or neglect as required by law.
        (23) Being named as a perpetrator in an indicated
    report by the Department of Children and Family Services
    under the Abused and Neglected Child Reporting Act, and
    upon proof by clear and convincing evidence that the
    licensee has caused a child to be an abused child or
    neglected child as defined in the Abused and Neglected
    Child Reporting Act.
        (24) Solicitation of professional patronage by any
    corporation, agents or persons, or profiting from those
    representing themselves to be agents of the licensee.
        (25) Gross and wilful and continued overcharging for
    professional services, including filing false statements
    for collection of fees for which services are not rendered,
    including, but not limited to, filing such false statements
    for collection of monies for services not rendered from the
    medical assistance program of the Department of Public Aid
    under the Illinois Public Aid Code.
        (26) A pattern of practice or other behavior which
    demonstrates incapacity or incompetence to practice under
    this Act.
        (27) Mental illness or disability which results in the
    inability to practice under this Act with reasonable
    judgment, skill or safety.
        (28) Physical illness, including, but not limited to,
    deterioration through the aging process, or loss of motor
    skill which results in a physician's inability to practice
    under this Act with reasonable judgment, skill or safety.
        (29) Cheating on or attempt to subvert the licensing
    examinations administered under this Act.
        (30) Wilfully or negligently violating the
    confidentiality between physician and patient except as
    required by law.
        (31) The use of any false, fraudulent, or deceptive
    statement in any document connected with practice under
    this Act.
        (32) Aiding and abetting an individual not licensed
    under this Act in the practice of a profession licensed
    under this Act.
        (33) Violating state or federal laws or regulations
    relating to controlled substances.
        (34) Failure to report to the Department any adverse
    final action taken against them by another licensing
    jurisdiction (any other state or any territory of the
    United States or any foreign state or country), by any peer
    review body, by any health care institution, by any
    professional society or association related to practice
    under this Act, by any governmental agency, by any law
    enforcement agency, or by any court for acts or conduct
    similar to acts or conduct which would constitute grounds
    for action as defined in this Section.
        (35) Failure to report to the Department surrender of a
    license or authorization to practice as a medical doctor, a
    doctor of osteopathy, a doctor of osteopathic medicine, or
    doctor of chiropractic in another state or jurisdiction, or
    surrender of membership on any medical staff or in any
    medical or professional association or society, while
    under disciplinary investigation by any of those
    authorities or bodies, for acts or conduct similar to acts
    or conduct which would constitute grounds for action as
    defined in this Section.
        (36) Failure to report to the Department any adverse
    judgment, settlement, or award arising from a liability
    claim related to acts or conduct similar to acts or conduct
    which would constitute grounds for action as defined in
    this Section.
        (37) Failure to transfer copies of medical records as
    required by law.
        (38) Failure to furnish the Department, its
    investigators or representatives, relevant information,
    legally requested by the Department after consultation
    with the Chief Medical Coordinator or the Deputy Medical
    Coordinator.
        (39) Violating the Health Care Worker Self-Referral
    Act.
        (40) Willful failure to provide notice when notice is
    required under the Parental Notice of Abortion Act of 1995.
        (41) Failure to establish and maintain records of
    patient care and treatment as required by this law.
        (42) Entering into an excessive number of written
    collaborative agreements with licensed advanced practice
    nurses resulting in an inability to adequately collaborate
    and provide medical direction.
        (43) Repeated failure to adequately collaborate with
    or provide medical direction to a licensed advanced
    practice nurse.
    All proceedings to suspend, revoke, place on probationary
status, or take any other disciplinary action as the Department
may deem proper, with regard to a license on any of the
foregoing grounds, must be commenced within 3 years next after
receipt by the Department of a complaint alleging the
commission of or notice of the conviction order for any of the
acts described herein. Except for the grounds numbered (8), (9)
and (29), no action shall be commenced more than 5 years after
the date of the incident or act alleged to have violated this
Section. In the event of the settlement of any claim or cause
of action in favor of the claimant or the reduction to final
judgment of any civil action in favor of the plaintiff, such
claim, cause of action or civil action being grounded on the
allegation that a person licensed under this Act was negligent
in providing care, the Department shall have an additional
period of one year from the date of notification to the
Department under Section 23 of this Act of such settlement or
final judgment in which to investigate and commence formal
disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement of
disciplinary action by the Department.
    The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Departmental order based upon
a finding by the Medical Disciplinary Board that they have been
determined to be recovered from mental illness by the court and
upon the Disciplinary Board's recommendation that they be
permitted to resume their practice.
    The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, or to pay the tax, penalty or interest shown in a filed
return, or to pay any final assessment of tax, penalty or
interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied as determined by
the Illinois Department of Revenue.
    The Department, upon the recommendation of the
Disciplinary Board, shall adopt rules which set forth standards
to be used in determining:
        (a) when a person will be deemed sufficiently
    rehabilitated to warrant the public trust;
        (b) what constitutes dishonorable, unethical or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public;
        (c) what constitutes immoral conduct in the commission
    of any act, including, but not limited to, commission of an
    act of sexual misconduct related to the licensee's
    practice; and
        (d) what constitutes gross negligence in the practice
    of medicine.
    However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
    In enforcing this Section, the Medical Disciplinary Board,
upon a showing of a possible violation, may compel any
individual licensed to practice under this Act, or who has
applied for licensure or a permit pursuant to this Act, to
submit to a mental or physical examination, or both, as
required by and at the expense of the Department. The examining
physician or physicians shall be those specifically designated
by the Disciplinary Board. The Medical Disciplinary Board or
the Department may order the examining physician to present
testimony concerning this mental or physical examination of the
licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee or applicant and the
examining physician. The individual to be examined may have, at
his or her own expense, another physician of his or her choice
present during all aspects of the examination. Failure of any
individual to submit to mental or physical examination, when
directed, shall be grounds for suspension of his or her license
until such time as the individual submits to the examination if
the Disciplinary Board finds, after notice and hearing, that
the refusal to submit to the examination was without reasonable
cause. If the Disciplinary Board finds a physician unable to
practice because of the reasons set forth in this Section, the
Disciplinary Board shall require such physician to submit to
care, counseling, or treatment by physicians approved or
designated by the Disciplinary Board, as a condition for
continued, reinstated, or renewed licensure to practice. Any
physician, whose license was granted pursuant to Sections 9,
17, or 19 of this Act, or, continued, reinstated, renewed,
disciplined or supervised, subject to such terms, conditions or
restrictions who shall fail to comply with such terms,
conditions or restrictions, or to complete a required program
of care, counseling, or treatment, as determined by the Chief
Medical Coordinator or Deputy Medical Coordinators, shall be
referred to the Director for a determination as to whether the
licensee shall have their license suspended immediately,
pending a hearing by the Disciplinary Board. In instances in
which the Director immediately suspends a license under this
Section, a hearing upon such person's license must be convened
by the Disciplinary Board within 15 days after such suspension
and completed without appreciable delay. The Disciplinary
Board shall have the authority to review the subject
physician's record of treatment and counseling regarding the
impairment, to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
    An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Disciplinary Board that they can resume practice in compliance
with acceptable and prevailing standards under the provisions
of their license.
    The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $5,000 for each
violation of this Act. Fines may be imposed in conjunction with
other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out of
conduct resulting in death or injury to a patient. Any funds
collected from such fines shall be deposited in the Medical
Disciplinary Fund.
    (B) The Department shall revoke the license or visiting
permit of any person issued under this Act to practice medicine
or to treat human ailments without the use of drugs and without
operative surgery, who has been convicted a second time of
committing any felony under the Illinois Controlled Substances
Act or the Methamphetamine Control and Community Protection
Act, or who has been convicted a second time of committing a
Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois
Public Aid Code. A person whose license or visiting permit is
revoked under this subsection B of Section 22 of this Act shall
be prohibited from practicing medicine or treating human
ailments without the use of drugs and without operative
surgery.
    (C) The Medical Disciplinary Board shall recommend to the
Department civil penalties and any other appropriate
discipline in disciplinary cases when the Board finds that a
physician willfully performed an abortion with actual
knowledge that the person upon whom the abortion has been
performed is a minor or an incompetent person without notice as
required under the Parental Notice of Abortion Act of 1995.
Upon the Board's recommendation, the Department shall impose,
for the first violation, a civil penalty of $1,000 and for a
second or subsequent violation, a civil penalty of $5,000.
(Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96; 89-626,
eff. 8-9-96; 89-702, eff. 7-1-97; 90-742, eff. 8-13-98.)
 
    Section 980. The Naprapathic Practice Act is amended by
changing Section 123 as follows:
 
    (225 ILCS 63/123)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 123. Violation; penalty. Whoever knowingly practices
or offers to practice naprapathy in this State without being
licensed for that purpose shall be guilty of a Class A
misdemeanor and for each subsequent conviction shall be guilty
of a Class 4 felony. Notwithstanding any other provision of
this Act, all criminal fines, moneys, or other property
collected or received by the Department under this Section or
any other State or federal statute, including, but not limited
to, property forfeited to the Department under Section 505 of
the Illinois Controlled Substances Act or Section 85 of the
Methamphetamine Control and Community Protection Act, shall be
deposited into the Professional Regulation Evidence Fund.
(Source: P.A. 89-61, eff. 6-30-95.)
 
    Section 985. The Nursing and Advanced Practice Nursing Act
is amended by changing Section 20-75 as follows:
 
    (225 ILCS 65/20-75)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 20-75. Injunctive remedies.
    (a) If any person violates the provision of this Act, the
Director may, in the name of the People of the State of
Illinois, through the Attorney General of the State of
Illinois, or the State's Attorney of any county in which the
action is brought, petition for an order enjoining such
violation or for an order enforcing compliance with this Act.
Upon the filing of a verified petition in court, the court may
issue a temporary restraining order, without notice or bond,
and may preliminarily and permanently enjoin such violation,
and if it is established that such person has violated or is
violating the injunction, the court may punish the offender for
contempt of court. Proceedings under this Section shall be in
addition to, and not in lieu of, all other remedies and
penalties provided by this Act.
    (b) If any person shall practice as a nurse or hold herself
or himself out as a nurse without being licensed under the
provisions of this Act, then any licensed nurse, any interested
party, or any person injured thereby may, in addition to the
Director, petition for relief as provided in subsection (a) of
this Section.
    Whoever knowingly practices or offers to practice nursing
in this State without a license for that purpose shall be
guilty of a Class A misdemeanor and for each subsequent
conviction, shall be guilty of a Class 4 felony. All criminal
fines, monies, or other property collected or received by the
Department under this Section or any other State or federal
statute, including, but not limited to, property forfeited to
the Department under Section 505 of the Illinois Controlled
Substances Act or Section 85 of the Methamphetamine Control and
Community Protection Act, shall be deposited into the
Professional Regulation Evidence Fund.
    (c) Whenever in the opinion of the Department any person
violates any provision of this Act, the Department may issue a
rule to show cause why an order to cease and desist should not
be entered against him. The rule shall clearly set forth the
grounds relied upon by the Department and shall provide a
period of 7 days from the date of the rule to file an answer to
the satisfaction of the Department. Failure to answer to the
satisfaction of the Department shall cause an order to cease
and desist to be issued forthwith.
(Source: P.A. 90-742, eff. 8-13-98.)
 
    Section 990. The Illinois Optometric Practice Act of 1987
is amended by changing Section 26.1 as follows:
 
    (225 ILCS 80/26.1)  (from Ch. 111, par. 3926.1)
    (Section scheduled to be repealed on January 1, 2007)
    Sec. 26.1. Injunctions; criminal offenses; cease and
desist orders.
    (a) If any person violates the provision of this Act, the
Director may, in the name of the People of the State of
Illinois, through the Attorney General of the State of
Illinois, or the State's Attorney of any county in which the
action is brought, petition for an order enjoining such
violation or for an order enforcing compliance with this Act.
Upon the filing of a verified petition in court, the court may
issue a temporary restraining order, without notice or bond,
and may preliminarily and permanently enjoin such violation,
and if it is established that such person has violated or is
violating the injunction, the Court may punish the offender for
contempt of court. Proceedings under this Section shall be in
addition to, and not in lieu of, all other remedies and
penalties provided by this Act.
    (b) If any person shall practice as an optometrist or hold
himself or herself out as an optometrist without being licensed
under the provisions of this Act then any licensed optometrist,
any interested party or any person injured thereby may, in
addition to the Director, petition for relief as provided in
subsection (a) of this Section.
    Whoever knowingly practices or offers to practice
optometry in this State without being licensed for that purpose
shall be guilty of a Class A misdemeanor and for each
subsequent conviction, shall be guilty of a Class 4 felony.
Notwithstanding any other provision of this Act, all criminal
fines, monies, or other property collected or received by the
Department under this Section or any other State or federal
statute, including, but not limited to, property forfeited to
the Department under Section 505 of the Illinois Controlled
Substances Act or Section 85 of the Methamphetamine Control and
Community Protection Act, shall be deposited into the
Professional Regulation Evidence Fund.
    (c) Whenever in the opinion of the Department any person
violates any provision of this Act, the Department may issue a
rule to show cause why an order to cease and desist should not
be entered against him. The rule shall clearly set forth the
grounds relied upon by the Department and shall provide a
period of 7 days from the date of the rule to file an answer to
the satisfaction of the Department. Failure to answer to the
satisfaction of the Department shall cause an order to cease
and desist to be issued forthwith.
(Source: P.A. 89-702, eff. 7-1-97.)
 
    Section 995. The Podiatric Medical Practice Act of 1987 is
amended by changing Section 41 as follows:
 
    (225 ILCS 100/41)  (from Ch. 111, par. 4841)
    (Section scheduled to be repealed on January 1, 2008)
    Sec. 41. Violations. Any person who is found to have
violated any provisions of this Act is guilty of a Class A
misdemeanor. All criminal fines, monies, or other property
collected or received by the Department under this Section or
any other State or federal statute, including, but not limited
to, property forfeited to the Department under Section 505 of
The Illinois Controlled Substances Act or Section 85 of the
Methamphetamine Control and Community Protection Act, shall be
deposited into the Professional Regulation Evidence Fund.
    The Board, with the advice of the Director and attorneys
for the Department, may establish by rule a schedule of fines
payable by those who have violated any provisions of this Act.
    Fines assessed and collected for violations of this Act
shall be deposited in the Illinois State Podiatric Medical
Disciplinary Fund.
(Source: P.A. 86-685.)
 
    Section 1000. The Veterinary Medicine and Surgery Practice
Act of 2004 is amended by changing Section 25.16 as follows:
 
    (225 ILCS 115/25.16)  (from Ch. 111, par. 7025.16)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 25.16. Any person who is found to have violated any
provision of this Act is guilty of a Class A misdemeanor. On
conviction of a second or subsequent offense, the violator
shall be guilty of a Class 4 felony. All criminal fines,
monies, or other property collected or received by the
Department under this Section or any other State or federal
statute, including, but not limited to, property forfeited to
the Department under Section 505 of The Illinois Controlled
Substances Act or Section 85 of the Methamphetamine Control and
Community Protection Act, shall be deposited into the
Professional Regulation Evidence Fund.
(Source: P.A. 86-685.)
 
    Section 1005. The Wholesale Drug Distribution Licensing
Act is amended by changing Sections 55 and 170 as follows:
 
    (225 ILCS 120/55)  (from Ch. 111, par. 8301-55)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 55. Discipline; grounds.
    (a) The Department may refuse to issue, restore, or renew,
or may revoke, suspend, place on probation, reprimand or take
other disciplinary action as the Department may deem proper for
any of the following reasons:
        (1) Violation of this Act or its rules.
        (2) Aiding or assisting another person in violating any
    provision of this Act or its rules.
        (3) Failing, within 60 days, to respond to a written
    requirement made by the Department for information.
        (4) Engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public. This includes violations of
    "good faith" as defined by the Illinois Controlled
    Substances Act and applies to all prescription drugs.
        (5) Discipline by another U.S. jurisdiction or foreign
    nation, if at least one of the grounds for the discipline
    is the same or substantially equivalent to those set forth
    in this Act.
        (6) Selling or engaging in the sale of drug samples
    provided at no cost by drug manufacturers.
        (7) Conviction of the applicant or licensee, or any
    officer, director, manager or shareholder who owns more
    than 5% of stock, in State or federal court of any crime
    that is a felony.
        (8) Habitual or excessive use or addiction to alcohol,
    narcotics, stimulants, or any other chemical agent or drug
    that results in the inability to function with reasonable
    judgment, skill, or safety.
    (b) The Department may refuse to issue, restore, or renew,
or may revoke, suspend, place on probation, reprimand or take
other disciplinary action as the Department may deem property
including fines not to exceed $1000 for any of the following
reasons:
        (1) Material misstatement in furnishing information to
    the Department.
        (2) Making any misrepresentation for the purpose of
    obtaining a license.
        (3) A finding by the Department that the licensee,
    after having his or her license placed on probationary
    status, has violated the terms of probation.
        (4) A finding that licensure or registration has been
    applied for or obtained by fraudulent means.
        (5) Willfully making or filing false records or
    reports.
        (6) A finding of a substantial discrepancy in a
    Department audit of a prescription drug, including a
    controlled substance as that term is defined in this Act or
    in the Illinois Controlled Substances Act.
    (c) The Department may refuse to issue or may suspend the
license or registration of any person who fails to file a
return, or to pay the tax, penalty or interest shown in a filed
return, or to pay any final assessment of tax, penalty or
interest, as required by any tax Act administered by the
Illinois Department of Revenue, until the time the requirements
of the tax Act are satisfied.
    (d) The Department shall revoke the license or certificate
of registration issued under this Act or any prior Act of this
State of any person who has been convicted a second time of
committing any felony under the Illinois Controlled Substances
Act or the Methamphetamine Control and Community Protection Act
or who has been convicted a second time of committing a Class 1
felony under Sections 8A-3 and 8A-6 of the Illinois Public Aid
Code. A person whose license or certificate of registration
issued under this Act or any prior Act of this State is revoked
under this subsection (c) shall be prohibited from engaging in
the practice of pharmacy in this State.
(Source: P.A. 87-594.)
 
    (225 ILCS 120/170)  (from Ch. 111, par. 8301-170)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 170. Penalties. Any person who is found to have
violated any provision of this Act is guilty of a Class A
misdemeanor. On conviction of a second or subsequent offense,
the violator shall be guilty of a Class 4 felony. All criminal
fines, monies, or property collected or received by the
Department under this Section or any other State or federal
statute, including, but not limited to, property forfeited to
the Department under Section 505 of the Illinois Controlled
Substances Act or Section 85 of the Methamphetamine Control and
Community Protection Act, shall be deposited into the
Professional Regulation Evidence Fund.
(Source: P.A. 87-594.)
 
    Section 1010. The Illinois Public Aid Code is amended by
changing Section 1-10 as follows:
 
    (305 ILCS 5/1-10)
    Sec. 1-10. Drug convictions.
    (a) Persons convicted of an offense under the Illinois
Controlled Substances Act, or the Cannabis Control Act, or the
Methamphetamine Control and Community Protection Act which is a
Class X felony, or a Class 1 felony, or comparable federal
criminal law which has as an element the possession, use, or
distribution of a controlled substance, as defined in Section
102(6) of the federal Controlled Substances Act (21 U.S.C.
802(c)), shall not be eligible for cash assistance provided
under this Code.
    (b) Persons convicted of any other felony under the
Illinois Controlled Substances Act, or the Cannabis Control
Act, or the Methamphetamine Control and Community Protection
Act which is not a Class X or Class 1 felony, or comparable
federal criminal law which has as an element the possession,
use, or distribution of a controlled substance, as defined in
Section 102(6) of the federal Controlled Substances Act (21
U.S.C. 802(c)), shall not be eligible for cash assistance
provided under this Code for 2 years from the date of
conviction. This prohibition shall not apply if the person is
in a drug treatment program, aftercare program, or similar
program as defined by rule.
    (c) Persons shall not be determined ineligible for food
stamps provided under this Code based upon a conviction of any
felony or comparable federal or State criminal law which has an
element the possession, use or distribution of a controlled
substance, as defined in Section 102(6) of the federal
Controlled Substance Act (21 U.S.C. 802(c)).
(Source: P.A. 90-17, eff. 7-1-97.)
 
    Section 1015. The Housing Authorities Act is amended by
changing Section 8.1a as follows:
 
    (310 ILCS 10/8.1a)  (from Ch. 67 1/2, par. 8.1a)
    Sec. 8.1a. Police powers.
    (a) A Housing Authority in any municipality having over
500,000 inhabitants has power to police its property and to
exercise police powers for the protection of the persons and
property of its residents, employees and visitors, for the
enforcement of any rule or regulation adopted by the Authority,
and in furtherance of the purposes for which such Authority was
organized. In particular, and subject to amounts appropriated
for that purpose, the Housing Authority in exercising its
police powers shall strive to eliminate or reduce the following
activities within the property or facilities of the Authority:
streetgang-related activities (as defined in the Illinois
Streetgang Terrorism Omnibus Prevention Act), illegal
activities involving controlled substances (as defined in the
Illinois Controlled Substances Act), illegal activities
involving cannabis (as defined in the Cannabis Control Act),
illegal activities involving methamphetamine (as defined in
the Methamphetamine Control and Community Protection Act), and
illegal activities involving firearms. Such Authority has
power to establish, appoint and support a police force for such
purposes.
    (b) A Housing Authority in a municipality having 500,000 or
fewer inhabitants may establish, appoint, and support a police
force to police the Authority's property, to protect the
persons and property of the Authority's residents, employees,
and visitors, to enforce the Authority's adopted rules and
regulations, and to otherwise further the purposes for which
the Authority was organized. A police force may be established
under this subsection only with the approval of the mayor or
president of the municipality and only if, in the opinion of
the Authority and the mayor or president, the severity of
streetgang-related activities (as defined in the Illinois
Streetgang Terrorism Omnibus Prevention Act), illegal
activities involving controlled substances (as defined in the
Illinois Controlled Substances Act), illegal activities
involving cannabis (as defined in the Cannabis Control Act),
illegal activities involving methamphetamine (as defined in
the Methamphetamine Control and Community Protection Act), or
illegal activities involving firearms makes the establishment
of a police force desirable.
    (c) Members of a Housing Authority police force shall be
conservators of the peace and shall have all powers possessed
by the police of cities, and sheriffs, including the power to
make arrests for violations of federal and state statutes, city
and county ordinances, and rules and regulations of the
Authority and governing federal agencies; provided, that they
may exercise such powers only within the property or facilities
of such Authority, and only (i) when such exercise is
appropriate for the protection of Authority properties and
interests, or its residents, employees and visitors, or (ii)
otherwise, within the municipality in which the Authority
operates, when specifically requested by appropriate federal,
state and local law enforcement officials. Unless expressly
limited by the Authority, when outside the property or
facilities of the Authority, the members of the police force
shall have the same powers as those conferred on the police of
organized cities and villages when acting outside of the
territorial limits of their city or village. "Property or
facilities of the Authority" means property owned or leased by
the Authority and property over which the Authority has
easement rights. The Authority shall establish minimum
standards for selection and training of members of such police
force, provided that the members of such police force shall be
certified and trained under the provisions of the Illinois
Police Training Act, as now or hereafter amended. The members
of such police force may serve and execute civil process. The
establishment of such a police force shall not affect the power
of the Authority to use or employ other security personnel as
permitted by law. Neither the Authority, the members of its
Board nor its officers or employees shall be held liable for
failure to provide a security or police force or, if a security
or police force is provided, for failure to provide adequate
police protection or security, failure to prevent the
commission of crimes or failure to apprehend criminals.
(Source: P.A. 89-351, eff. 1-1-96.)
 
    Section 1020. The Abandoned Housing Rehabilitation Act is
amended by changing Section 2 as follows:
 
    (310 ILCS 50/2)  (from Ch. 67 1/2, par. 852)
    Sec. 2. Definitions. As used in this Act:
    (a) "Property" means any residential real estate which has
been continuously unoccupied by persons legally in possession
for the preceding 1 year.
    (b) "Nuisance" means any property which because of its
physical condition or use is a public nuisance, or any property
which constitutes a blight on the surrounding area, or any
property which is not fit for human habitation under the
applicable fire, building and housing codes. "Nuisance" also
means any property on which any illegal activity involving
controlled substances (as defined in the Illinois Controlled
Substances Act), methamphetamine (as defined in the
Methamphetamine Control and Community Protection Act), or
cannabis (as defined in the Cannabis Control Act) takes place
or any property on which any streetgang-related activity (as
defined in the Illinois Streetgang Terrorism Omnibus
Prevention Act) takes place.
    (c) "Organization" means any Illinois corporation, agency,
partnership, association, firm or other entity consisting of 2
or more persons organized and conducted on a not-for-profit
basis with no personal profit inuring to anyone as a result of
its operation which has among its purposes the improvement of
housing.
    (d) "Parties in interest" means any owner or owners of
record, judgment creditor, tax purchaser or other party having
any legal or equitable title or interest in the property.
    (e) "Last known address" includes the address where the
property is located, or the address as listed in the tax
records or as listed pursuant to any owner's registration
ordinance duly adopted by a home rule unit of government.
    (f) "Low or moderate income housing" means housing for
persons and families with low or moderate incomes, provided
that the income limits for such persons and families shall be
the same as those established by rule by the Illinois Housing
Development Authority in accordance with subsection (g) of
Section 2 of the Illinois Housing Development Act, as amended.
    (g) "Rehabilitation" means the process of improving the
property, including but not limited to bringing property into
compliance with applicable fire, housing and building codes.
(Source: P.A. 91-357, eff. 7-29-99; 91-807, eff. 1-1-01.)
 
    Section 1025. The Abused and Neglected Child Reporting Act
is amended by changing Section 3 as follows:
 
    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
    Sec. 3. As used in this Act unless the context otherwise
requires:
    "Child" means any person under the age of 18 years, unless
legally emancipated by reason of marriage or entry into a
branch of the United States armed services.
    "Department" means Department of Children and Family
Services.
    "Local law enforcement agency" means the police of a city,
town, village or other incorporated area or the sheriff of an
unincorporated area or any sworn officer of the Illinois
Department of State Police.
    "Abused child" means a child whose parent or immediate
family member, or any person responsible for the child's
welfare, or any individual residing in the same home as the
child, or a paramour of the child's parent:
        (a) inflicts, causes to be inflicted, or allows to be
    inflicted upon such child physical injury, by other than
    accidental means, which causes death, disfigurement,
    impairment of physical or emotional health, or loss or
    impairment of any bodily function;
        (b) creates a substantial risk of physical injury to
    such child by other than accidental means which would be
    likely to cause death, disfigurement, impairment of
    physical or emotional health, or loss or impairment of any
    bodily function;
        (c) commits or allows to be committed any sex offense
    against such child, as such sex offenses are defined in the
    Criminal Code of 1961, as amended, and extending those
    definitions of sex offenses to include children under 18
    years of age;
        (d) commits or allows to be committed an act or acts of
    torture upon such child;
        (e) inflicts excessive corporal punishment;
        (f) commits or allows to be committed the offense of
    female genital mutilation, as defined in Section 12-34 of
    the Criminal Code of 1961, against the child; or
        (g) causes to be sold, transferred, distributed, or
    given to such child under 18 years of age, a controlled
    substance as defined in Section 102 of the Illinois
    Controlled Substances Act in violation of Article IV of the
    Illinois Controlled Substances Act or in violation of the
    Methamphetamine Control and Community Protection Act,
    except for controlled substances that are prescribed in
    accordance with Article III of the Illinois Controlled
    Substances Act and are dispensed to such child in a manner
    that substantially complies with the prescription.
    A child shall not be considered abused for the sole reason
that the child has been relinquished in accordance with the
Abandoned Newborn Infant Protection Act.
    "Neglected child" means any child who is not receiving the
proper or necessary nourishment or medically indicated
treatment including food or care not provided solely on the
basis of the present or anticipated mental or physical
impairment as determined by a physician acting alone or in
consultation with other physicians or otherwise is not
receiving the proper or necessary support or medical or other
remedial care recognized under State law as necessary for a
child's well-being, or other care necessary for his or her
well-being, including adequate food, clothing and shelter; or
who is abandoned by his or her parents or other person
responsible for the child's welfare without a proper plan of
care; or who is a newborn infant whose blood, urine, or
meconium contains any amount of a controlled substance as
defined in subsection (f) of Section 102 of the Illinois
Controlled Substances Act or a metabolite thereof, with the
exception of a controlled substance or metabolite thereof whose
presence in the newborn infant is the result of medical
treatment administered to the mother or the newborn infant. A
child shall not be considered neglected for the sole reason
that the child's parent or other person responsible for his or
her welfare has left the child in the care of an adult relative
for any period of time. A child shall not be considered
neglected for the sole reason that the child has been
relinquished in accordance with the Abandoned Newborn Infant
Protection Act. A child shall not be considered neglected or
abused for the sole reason that such child's parent or other
person responsible for his or her welfare depends upon
spiritual means through prayer alone for the treatment or cure
of disease or remedial care as provided under Section 4 of this
Act. A child shall not be considered neglected or abused solely
because the child is not attending school in accordance with
the requirements of Article 26 of The School Code, as amended.
    "Child Protective Service Unit" means certain specialized
State employees of the Department assigned by the Director to
perform the duties and responsibilities as provided under
Section 7.2 of this Act.
    "Person responsible for the child's welfare" means the
child's parent; guardian; foster parent; relative caregiver;
any person responsible for the child's welfare in a public or
private residential agency or institution; any person
responsible for the child's welfare within a public or private
profit or not for profit child care facility; or any other
person responsible for the child's welfare at the time of the
alleged abuse or neglect, or any person who came to know the
child through an official capacity or position of trust,
including but not limited to health care professionals,
educational personnel, recreational supervisors, members of
the clergy, and volunteers or support personnel in any setting
where children may be subject to abuse or neglect.
    "Temporary protective custody" means custody within a
hospital or other medical facility or a place previously
designated for such custody by the Department, subject to
review by the Court, including a licensed foster home, group
home, or other institution; but such place shall not be a jail
or other place for the detention of criminal or juvenile
offenders.
    "An unfounded report" means any report made under this Act
for which it is determined after an investigation that no
credible evidence of abuse or neglect exists.
    "An indicated report" means a report made under this Act if
an investigation determines that credible evidence of the
alleged abuse or neglect exists.
    "An undetermined report" means any report made under this
Act in which it was not possible to initiate or complete an
investigation on the basis of information provided to the
Department.
    "Subject of report" means any child reported to the central
register of child abuse and neglect established under Section
7.7 of this Act and his or her parent, guardian or other person
responsible who is also named in the report.
    "Perpetrator" means a person who, as a result of
investigation, has been determined by the Department to have
caused child abuse or neglect.
    "Member of the clergy" means a clergyman or practitioner of
any religious denomination accredited by the religious body to
which he or she belongs.
(Source: P.A. 91-802, eff. 1-1-01; 92-408, eff. 8-17-01;
92-432, eff. 8-17-01; 92-801, eff. 8-16-02.)
 
    Section 1030. The Illinois Food, Drug and Cosmetic Act is
amended by changing Section 24 as follows:
 
    (410 ILCS 620/24)  (from Ch. 56 1/2, par. 524)
    Sec. 24.
    Nothing in this Act shall be construed to limit or repeal
any provisions of the Illinois Controlled Substances Act or the
Methamphetamine Control and Community Protection Act.
(Source: P.A. 77-765.)
 
    Section 1035. The Firearm Owners Identification Card Act is
amended by changing Section 10 as follows:
 
    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
    Sec. 10. (a) Whenever an application for a Firearm Owner's
Identification Card is denied, whenever the Department fails to
act on an application within 30 days of its receipt, or
whenever such a Card is revoked or seized as provided for in
Section 8 of this Act, the aggrieved party may appeal to the
Director of the Department of State Police for a hearing upon
such denial, revocation or seizure, unless the denial,
revocation, or seizure was based upon a forcible felony,
stalking, aggravated stalking, domestic battery, any violation
of either the Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act, or the
Cannabis Control Act that is classified as a Class 2 or greater
felony, any felony violation of Article 24 of the Criminal Code
of 1961, or any adjudication as a delinquent minor for the
commission of an offense that if committed by an adult would be
a felony, in which case the aggrieved party may petition the
circuit court in writing in the county of his or her residence
for a hearing upon such denial, revocation, or seizure.
    (b) At least 30 days before any hearing in the circuit
court, the petitioner shall serve the relevant State's Attorney
with a copy of the petition. The State's Attorney may object to
the petition and present evidence. At the hearing the court
shall determine whether substantial justice has been done.
Should the court determine that substantial justice has not
been done, the court shall issue an order directing the
Department of State Police to issue a Card.
    (c) Any person prohibited from possessing a firearm under
Sections 24-1.1 or 24-3.1 of the Criminal Code of 1961 or
acquiring a Firearm Owner's Identification Card under Section 8
of this Act may apply to the Director of the Department of
State Police or petition the circuit court in the county where
the petitioner resides, whichever is applicable in accordance
with subsection (a) of this Section, requesting relief from
such prohibition and the Director or court may grant such
relief if it is established by the applicant to the court's or
Director's satisfaction that:
        (0.05) when in the circuit court, the State's Attorney
    has been served with a written copy of the petition at
    least 30 days before any such hearing in the circuit court
    and at the hearing the State's Attorney was afforded an
    opportunity to present evidence and object to the petition;
        (1) the applicant has not been convicted of a forcible
    felony under the laws of this State or any other
    jurisdiction within 20 years of the applicant's
    application for a Firearm Owner's Identification Card, or
    at least 20 years have passed since the end of any period
    of imprisonment imposed in relation to that conviction;
        (2) the circumstances regarding a criminal conviction,
    where applicable, the applicant's criminal history and his
    reputation are such that the applicant will not be likely
    to act in a manner dangerous to public safety; and
        (3) granting relief would not be contrary to the public
    interest.
    (d) When a minor is adjudicated delinquent for an offense
which if committed by an adult would be a felony, the court
shall notify the Department of State Police.
    (e) The court shall review the denial of an application or
the revocation of a Firearm Owner's Identification Card of a
person who has been adjudicated delinquent for an offense that
if committed by an adult would be a felony if an application
for relief has been filed at least 10 years after the
adjudication of delinquency and the court determines that the
applicant should be granted relief from disability to obtain a
Firearm Owner's Identification Card. If the court grants
relief, the court shall notify the Department of State Police
that the disability has been removed and that the applicant is
eligible to obtain a Firearm Owner's Identification Card.
(Source: P.A. 92-442, eff. 8-17-01; 93-367, eff. 1-1-04.)
 
    Section 1040. The Illinois Vehicle Code is amended by
changing Sections 2-115, 6-103, 6-106.1, 6-107, 6-108, 6-201,
6-206, and 6-508 as follows:
 
    (625 ILCS 5/2-115)  (from Ch. 95 1/2, par. 2-115)
    Sec. 2-115. Investigators.
    (a) The Secretary of State, for the purpose of more
effectively carrying out the provisions of the laws in relation
to motor vehicles, shall have power to appoint such number of
investigators as he may deem necessary. It shall be the duty of
such investigators to investigate and enforce violations of the
provisions of this Act administered by the Secretary of State
and provisions of Chapters 11, 12, 13, 14 and 15 and to
investigate and report any violation by any person who operates
as a motor carrier of property as defined in Section 18-100 of
this Act and does not hold a valid certificate or permit. Such
investigators shall have and may exercise throughout the State
all of the powers of peace officers.
    No person may be retained in service as an investigator
under this Section after he has reached 60 years of age.
    The Secretary of State must authorize to each investigator
employed under this Section and to any other employee of the
Office of the Secretary of State exercising the powers of a
peace officer a distinct badge that, on its face, (i) clearly
states that the badge is authorized by the Office of the
Secretary of State and (ii) contains a unique identifying
number. No other badge shall be authorized by the Office of the
Secretary of State.
    (b) The Secretary may expend such sums as he deems
necessary from Contractual Services appropriations for the
Department of Police for the purchase of evidence, for the
employment of persons to obtain evidence, and for the payment
for any goods or services related to obtaining evidence. Such
sums shall be advanced to investigators authorized by the
Secretary to expend funds, on vouchers signed by the Secretary.
In addition, the Secretary of State is authorized to maintain
one or more commercial checking accounts with any State banking
corporation or corporations organized under or subject to the
Illinois Banking Act for the deposit and withdrawal of moneys
to be used solely for the purchase of evidence and for the
employment of persons to obtain evidence, or for the payment
for any goods or services related to obtaining evidence;
provided that no check may be written on nor any withdrawal
made from any such account except on the written signatures of
2 persons designated by the Secretary to write such checks and
make such withdrawals, and provided further that the balance of
moneys on deposit in any such account shall not exceed $5,000
at any time, nor shall any one check written on or single
withdrawal made from any such account exceed $5,000.
    All fines or moneys collected or received by the Department
of Police under any State or federal forfeiture statute;
including, but not limited to moneys forfeited under Section 12
of the Cannabis Control Act, moneys forfeited under Section 85
of the Methamphetamine Control and Community Protection Act,
and moneys distributed under Section 413 of the Illinois
Controlled Substances Act, shall be deposited into the
Secretary of State Evidence Fund.
    In all convictions for offenses in violation of this Act,
the Court may order restitution to the Secretary of any or all
sums expended for the purchase of evidence, for the employment
of persons to obtain evidence, and for the payment for any
goods or services related to obtaining evidence. All such
restitution received by the Secretary shall be deposited into
the Secretary of State Evidence Fund. Moneys deposited into the
fund shall, subject to appropriation, be used by the Secretary
of State for the purposes provided for under the provisions of
this Section.
(Source: P.A. 91-883, eff. 1-1-01.)
 
    (625 ILCS 5/6-103)  (from Ch. 95 1/2, par. 6-103)
    Sec. 6-103. What persons shall not be licensed as drivers
or granted permits. The Secretary of State shall not issue,
renew, or allow the retention of any driver's license nor issue
any permit under this Code:
        1. To any person, as a driver, who is under the age of
    18 years except as provided in Section 6-107, and except
    that an instruction permit may be issued under Section
    6-107.1 to a child who is not less than 15 years of age if
    the child is enrolled in an approved driver education
    course as defined in Section 1-103 of this Code and
    requires an instruction permit to participate therein,
    except that an instruction permit may be issued under the
    provisions of Section 6-107.1 to a child who is 17 years
    and 9 months of age without the child having enrolled in an
    approved driver education course and except that an
    instruction permit may be issued to a child who is at least
    15 years and 6 months of age, is enrolled in school, meets
    the educational requirements of the Driver Education Act,
    and has passed examinations the Secretary of State in his
    or her discretion may prescribe;
        2. To any person who is under the age of 18 as an
    operator of a motorcycle other than a motor driven cycle
    unless the person has, in addition to meeting the
    provisions of Section 6-107 of this Code, successfully
    completed a motorcycle training course approved by the
    Illinois Department of Transportation and successfully
    completes the required Secretary of State's motorcycle
    driver's examination;
        3. To any person, as a driver, whose driver's license
    or permit has been suspended, during the suspension, nor to
    any person whose driver's license or permit has been
    revoked, except as provided in Sections 6-205, 6-206, and
    6-208;
        4. To any person, as a driver, who is a user of alcohol
    or any other drug to a degree that renders the person
    incapable of safely driving a motor vehicle;
        5. To any person, as a driver, who has previously been
    adjudged to be afflicted with or suffering from any mental
    or physical disability or disease and who has not at the
    time of application been restored to competency by the
    methods provided by law;
        6. To any person, as a driver, who is required by the
    Secretary of State to submit an alcohol and drug evaluation
    or take an examination provided for in this Code unless the
    person has successfully passed the examination and
    submitted any required evaluation;
        7. To any person who is required under the provisions
    of the laws of this State to deposit security or proof of
    financial responsibility and who has not deposited the
    security or proof;
        8. To any person when the Secretary of State has good
    cause to believe that the person by reason of physical or
    mental disability would not be able to safely operate a
    motor vehicle upon the highways, unless the person shall
    furnish to the Secretary of State a verified written
    statement, acceptable to the Secretary of State, from a
    competent medical specialist to the effect that the
    operation of a motor vehicle by the person would not be
    inimical to the public safety;
        9. To any person, as a driver, who is 69 years of age
    or older, unless the person has successfully complied with
    the provisions of Section 6-109;
        10. To any person convicted, within 12 months of
    application for a license, of any of the sexual offenses
    enumerated in paragraph 2 of subsection (b) of Section
    6-205;
        11. To any person who is under the age of 21 years with
    a classification prohibited in paragraph (b) of Section
    6-104 and to any person who is under the age of 18 years
    with a classification prohibited in paragraph (c) of
    Section 6-104;
        12. To any person who has been either convicted of or
    adjudicated under the Juvenile Court Act of 1987 based upon
    a violation of the Cannabis Control Act, or the Illinois
    Controlled Substances Act, or the Methamphetamine Control
    and Community Protection Act while that person was in
    actual physical control of a motor vehicle. For purposes of
    this Section, any person placed on probation under Section
    10 of the Cannabis Control Act, or Section 410 of the
    Illinois Controlled Substances Act, or Section 70 of the
    Methamphetamine Control and Community Protection Act shall
    not be considered convicted. Any person found guilty of
    this offense, while in actual physical control of a motor
    vehicle, shall have an entry made in the court record by
    the judge that this offense did occur while the person was
    in actual physical control of a motor vehicle and order the
    clerk of the court to report the violation to the Secretary
    of State as such. The Secretary of State shall not issue a
    new license or permit for a period of one year;
        13. To any person who is under the age of 18 years and
    who has committed the offense of operating a motor vehicle
    without a valid license or permit in violation of Section
    6-101;
        14. To any person who is 90 days or more delinquent in
    court ordered child support payments or has been
    adjudicated in arrears in an amount equal to 90 days'
    obligation or more and who has been found in contempt of
    court for failure to pay the support, subject to the
    requirements and procedures of Article VII of Chapter 7 of
    the Illinois Vehicle Code;
        15. To any person released from a term of imprisonment
    for violating Section 9-3 of the Criminal Code of 1961 or a
    similar provision of a law of another state relating to
    reckless homicide or for violating subparagraph (F) of
    paragraph (1) of subsection (d) of Section 11-501 of this
    Code relating to aggravated driving under the influence of
    alcohol, other drug or drugs, intoxicating compound or
    compounds, or any combination thereof, if the violation was
    the proximate cause of a death, within 24 months of release
    from a term of imprisonment; or
        16. To any person who, with intent to influence any act
    related to the issuance of any driver's license or permit,
    by an employee of the Secretary of State's Office, or the
    owner or employee of any commercial driver training school
    licensed by the Secretary of State, or any other individual
    authorized by the laws of this State to give driving
    instructions or administer all or part of a driver's
    license examination, promises or tenders to that person any
    property or personal advantage which that person is not
    authorized by law to accept. Any persons promising or
    tendering such property or personal advantage shall be
    disqualified from holding any class of driver's license or
    permit for 120 consecutive days. The Secretary of State
    shall establish by rule the procedures for implementing
    this period of disqualification and the procedures by which
    persons so disqualified may obtain administrative review
    of the decision to disqualify; or
        17. 16. To any person for whom the Secretary of State
    cannot verify the accuracy of any information or
    documentation submitted in application for a driver's
    license.
    The Secretary of State shall retain all conviction
information, if the information is required to be held
confidential under the Juvenile Court Act of 1987.
(Source: P.A. 92-343, eff. 1-1-02; 93-174, eff. 1-1-04; 93-712,
eff. 1-1-05; 93-783, eff. 1-1-05; 93-788, eff. 1-1-05; 93-895,
eff. 1-1-05; revised 10-22-04.)
 
    (625 ILCS 5/6-106.1)  (from Ch. 95 1/2, par. 6-106.1)
    Sec. 6-106.1. School bus driver permit.
    (a) The Secretary of State shall issue a school bus driver
permit to those applicants who have met all the requirements of
the application and screening process under this Section to
insure the welfare and safety of children who are transported
on school buses throughout the State of Illinois. Applicants
shall obtain the proper application required by the Secretary
of State from their prospective or current employer and submit
the completed application to the prospective or current
employer along with the necessary fingerprint submission as
required by the Department of State Police to conduct
fingerprint based criminal background checks on current and
future information available in the state system and current
information available through the Federal Bureau of
Investigation's system. Applicants who have completed the
fingerprinting requirements shall not be subjected to the
fingerprinting process when applying for subsequent permits or
submitting proof of successful completion of the annual
refresher course. Individuals who on the effective date of this
Act possess a valid school bus driver permit that has been
previously issued by the appropriate Regional School
Superintendent are not subject to the fingerprinting
provisions of this Section as long as the permit remains valid
and does not lapse. The applicant shall be required to pay all
related application and fingerprinting fees as established by
rule including, but not limited to, the amounts established by
the Department of State Police and the Federal Bureau of
Investigation to process fingerprint based criminal background
investigations. All fees paid for fingerprint processing
services under this Section shall be deposited into the State
Police Services Fund for the cost incurred in processing the
fingerprint based criminal background investigations. All
other fees paid under this Section shall be deposited into the
Road Fund for the purpose of defraying the costs of the
Secretary of State in administering this Section. All
applicants must:
        1. be 21 years of age or older;
        2. possess a valid and properly classified driver's
    license issued by the Secretary of State;
        3. possess a valid driver's license, which has not been
    revoked, suspended, or canceled for 3 years immediately
    prior to the date of application, or have not had his or
    her commercial motor vehicle driving privileges
    disqualified within the 3 years immediately prior to the
    date of application;
        4. successfully pass a written test, administered by
    the Secretary of State, on school bus operation, school bus
    safety, and special traffic laws relating to school buses
    and submit to a review of the applicant's driving habits by
    the Secretary of State at the time the written test is
    given;
        5. demonstrate ability to exercise reasonable care in
    the operation of school buses in accordance with rules
    promulgated by the Secretary of State;
        6. demonstrate physical fitness to operate school
    buses by submitting the results of a medical examination,
    including tests for drug use for each applicant not subject
    to such testing pursuant to federal law, conducted by a
    licensed physician, an advanced practice nurse who has a
    written collaborative agreement with a collaborating
    physician which authorizes him or her to perform medical
    examinations, or a physician assistant who has been
    delegated the performance of medical examinations by his or
    her supervising physician within 90 days of the date of
    application according to standards promulgated by the
    Secretary of State;
        7. affirm under penalties of perjury that he or she has
    not made a false statement or knowingly concealed a
    material fact in any application for permit;
        8. have completed an initial classroom course,
    including first aid procedures, in school bus driver safety
    as promulgated by the Secretary of State; and after
    satisfactory completion of said initial course an annual
    refresher course; such courses and the agency or
    organization conducting such courses shall be approved by
    the Secretary of State; failure to complete the annual
    refresher course, shall result in cancellation of the
    permit until such course is completed;
        9. not have been convicted of 2 or more serious traffic
    offenses, as defined by rule, within one year prior to the
    date of application that may endanger the life or safety of
    any of the driver's passengers within the duration of the
    permit period;
        10. not have been convicted of reckless driving,
    driving while intoxicated, or reckless homicide resulting
    from the operation of a motor vehicle within 3 years of the
    date of application;
        11. not have been convicted of committing or attempting
    to commit any one or more of the following offenses: (i)
    those offenses defined in Sections 9-1, 9-1.2, 9-2, 9-2.1,
    9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5, 10-6,
    10-7, 11-6, 11-9, 11-9.1, 11-14, 11-15, 11-15.1, 11-16,
    11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
    11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, 12-4.3, 12-4.4,
    12-4.5, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-11,
    12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5,
    12-21.6, 12-33, 18-1, 18-2, 18-3, 18-4, 18-5, 20-1, 20-1.1,
    20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, 31A-1, 31A-1.1, and
    33A-2, and in subsection (a) and subsection (b), clause
    (1), of Section 12-4 of the Criminal Code of 1961; (ii)
    those offenses defined in the Cannabis Control Act except
    those offenses defined in subsections (a) and (b) of
    Section 4, and subsection (a) of Section 5 of the Cannabis
    Control Act; (iii) those offenses defined in the Illinois
    Controlled Substances Act; (iv) those offenses defined in
    the Methamphetamine Control and Community Protection Act;
    (v) (iv) any offense committed or attempted in any other
    state or against the laws of the United States, which if
    committed or attempted in this State would be punishable as
    one or more of the foregoing offenses; (vi) (v) the
    offenses defined in Section 4.1 and 5.1 of the Wrongs to
    Children Act and (vii) (vi) those offenses defined in
    Section 6-16 of the Liquor Control Act of 1934;
        12. not have been repeatedly involved as a driver in
    motor vehicle collisions or been repeatedly convicted of
    offenses against laws and ordinances regulating the
    movement of traffic, to a degree which indicates lack of
    ability to exercise ordinary and reasonable care in the
    safe operation of a motor vehicle or disrespect for the
    traffic laws and the safety of other persons upon the
    highway;
        13. not have, through the unlawful operation of a motor
    vehicle, caused an accident resulting in the death of any
    person; and
        14. not have, within the last 5 years, been adjudged to
    be afflicted with or suffering from any mental disability
    or disease.
    (b) A school bus driver permit shall be valid for a period
specified by the Secretary of State as set forth by rule. It
shall be renewable upon compliance with subsection (a) of this
Section.
    (c) A school bus driver permit shall contain the holder's
driver's license number, legal name, residence address, zip
code, social security number and date of birth, a brief
description of the holder and a space for signature. The
Secretary of State may require a suitable photograph of the
holder.
    (d) The employer shall be responsible for conducting a
pre-employment interview with prospective school bus driver
candidates, distributing school bus driver applications and
medical forms to be completed by the applicant, and submitting
the applicant's fingerprint cards to the Department of State
Police that are required for the criminal background
investigations. The employer shall certify in writing to the
Secretary of State that all pre-employment conditions have been
successfully completed including the successful completion of
an Illinois specific criminal background investigation through
the Department of State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for
criminal history information available through the Federal
Bureau of Investigation system. The applicant shall present the
certification to the Secretary of State at the time of
submitting the school bus driver permit application.
    (e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment
conditions have been successfully completed, and upon
successful completion of all training and examination
requirements for the classification of the vehicle to be
operated, the Secretary of State shall provisionally issue a
School Bus Driver Permit. The permit shall remain in a
provisional status pending the completion of the Federal Bureau
of Investigation's criminal background investigation based
upon fingerprinting specimens submitted to the Federal Bureau
of Investigation by the Department of State Police. The Federal
Bureau of Investigation shall report the findings directly to
the Secretary of State. The Secretary of State shall remove the
bus driver permit from provisional status upon the applicant's
successful completion of the Federal Bureau of Investigation's
criminal background investigation.
    (f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is convicted
in another state of an offense that would make him or her
ineligible for a permit under subsection (a) of this Section.
The written notification shall be made within 5 days of the
entry of the conviction. Failure of the permit holder to
provide the notification is punishable as a petty offense for a
first violation and a Class B misdemeanor for a second or
subsequent violation.
    (g) Cancellation; suspension; notice and procedure.
        (1) The Secretary of State shall cancel a school bus
    driver permit of an applicant whose criminal background
    investigation discloses that he or she is not in compliance
    with the provisions of subsection (a) of this Section.
        (2) The Secretary of State shall cancel a school bus
    driver permit when he or she receives notice that the
    permit holder fails to comply with any provision of this
    Section or any rule promulgated for the administration of
    this Section.
        (3) The Secretary of State shall cancel a school bus
    driver permit if the permit holder's restricted commercial
    or commercial driving privileges are withdrawn or
    otherwise invalidated.
        (4) The Secretary of State may not issue a school bus
    driver permit for a period of 3 years to an applicant who
    fails to obtain a negative result on a drug test as
    required in item 6 of subsection (a) of this Section or
    under federal law.
        (5) The Secretary of State shall forthwith suspend a
    school bus driver permit for a period of 3 years upon
    receiving notice that the holder has failed to obtain a
    negative result on a drug test as required in item 6 of
    subsection (a) of this Section or under federal law.
    The Secretary of State shall notify the State
Superintendent of Education and the permit holder's
prospective or current employer that the applicant has (1) has
failed a criminal background investigation or (2) is no longer
eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver
permit. The cancellation shall remain in effect pending the
outcome of a hearing pursuant to Section 2-118 of this Code.
The scope of the hearing shall be limited to the issuance
criteria contained in subsection (a) of this Section. A
petition requesting a hearing shall be submitted to the
Secretary of State and shall contain the reason the individual
feels he or she is entitled to a school bus driver permit. The
permit holder's employer shall notify in writing to the
Secretary of State that the employer has certified the removal
of the offending school bus driver from service prior to the
start of that school bus driver's next workshift. An employing
school board that fails to remove the offending school bus
driver from service is subject to the penalties defined in
Section 3-14.23 of the School Code. A school bus contractor who
violates a provision of this Section is subject to the
penalties defined in Section 6-106.11.
    All valid school bus driver permits issued under this
Section prior to January 1, 1995, shall remain effective until
their expiration date unless otherwise invalidated.
(Source: P.A. 92-703, eff. 7-19-02; 93-895, eff. 1-1-05.)
 
    (625 ILCS 5/6-107)  (from Ch. 95 1/2, par. 6-107)
    Sec. 6-107. Graduated license.
    (a) The purpose of the Graduated Licensing Program is to
develop safe and mature driving habits in young, inexperienced
drivers and reduce or prevent motor vehicle accidents,
fatalities, and injuries by:
        (1) providing for an increase in the time of practice
    period before granting permission to obtain a driver's
    license;
        (2) strengthening driver licensing and testing
    standards for persons under the age of 21 years;
        (3) sanctioning driving privileges of drivers under
    age 21 who have committed serious traffic violations or
    other specified offenses; and
        (4) setting stricter standards to promote the public's
    health and safety.
    (b) The application of any person under the age of 18
years, and not legally emancipated by marriage, for a drivers
license or permit to operate a motor vehicle issued under the
laws of this State, shall be accompanied by the written consent
of either parent of the applicant; otherwise by the guardian
having custody of the applicant, or in the event there is no
parent or guardian, then by another responsible adult.
    No graduated driver's license shall be issued to any
applicant under 18 years of age, unless the applicant is at
least 16 years of age and has:
        (1) Held a valid instruction permit for a minimum of 3
    months.
        (2) Passed an approved driver education course and
    submits proof of having passed the course as may be
    required.
        (3) certification by the parent, legal guardian, or
    responsible adult that the applicant has had a minimum of
    25 hours of behind-the-wheel practice time and is
    sufficiently prepared and able to safely operate a motor
    vehicle.
    (c) No graduated driver's license or permit shall be issued
to any applicant under 18 years of age who has committed the
offense of operating a motor vehicle without a valid license or
permit in violation of Section 6-101 of this Code and no
graduated driver's license or permit shall be issued to any
applicant under 18 years of age who has committed an offense
that would otherwise result in a mandatory revocation of a
license or permit as provided in Section 6-205 of this Code or
who has been either convicted of or adjudicated a delinquent
based upon a violation of the Cannabis Control Act, or the
Illinois Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act while that individual was
in actual physical control of a motor vehicle. For purposes of
this Section, any person placed on probation under Section 10
of the Cannabis Control Act, or Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the Methamphetamine
Control and Community Protection Act shall not be considered
convicted. Any person found guilty of this offense, while in
actual physical control of a motor vehicle, shall have an entry
made in the court record by the judge that this offense did
occur while the person was in actual physical control of a
motor vehicle and order the clerk of the court to report the
violation to the Secretary of State as such.
    (d) No graduated driver's license shall be issued for 6
months to any applicant under the age of 18 years who has been
convicted of any offense defined as a serious traffic violation
in this Code or a similar provision of a local ordinance.
    (e) No graduated driver's license holder under the age of
18 years shall operate any motor vehicle, except a motor driven
cycle or motorcycle, with more than one passenger in the front
seat of the motor vehicle and no more passengers in the back
seats than the number of available seat safety belts as set
forth in Section 12-603 of this Code.
    (f) No graduated driver's license holder under the age of
18 shall operate a motor vehicle unless each driver and front
or back seat passenger under the age of 18 is wearing a
properly adjusted and fastened seat safety belt.
    (g) If a graduated driver's license holder is under the age
of 18 when he or she receives the license, for the first 6
months he or she holds the license or until he or she reaches
the age of 18, whichever occurs sooner, the graduated license
holder may not operate a motor vehicle with more than one
passenger in the vehicle who is under the age of 20, unless any
additional passenger or passengers are siblings,
step-siblings, children, or stepchildren of the driver.
(Source: P.A. 93-101, eff. 1-1-04; 93-788, eff. 1-1-05.)
 
    (625 ILCS 5/6-108)  (from Ch. 95 1/2, par. 6-108)
    Sec. 6-108. Cancellation of license issued to minor.
    (a) The Secretary of State shall cancel the license or
permit of any minor under the age of 18 years in any of the
following events:
        1. Upon the verified written request of the person who
    consented to the application of the minor that the license
    or permit be cancelled;
        2. Upon receipt of satisfactory evidence of the death
    of the person who consented to the application of the
    minor;
        3. Upon receipt of satisfactory evidence that the
    person who consented to the application of a minor no
    longer has legal custody of the minor.
    After cancellation, the Secretary of State shall not issue
a new license or permit until the applicant meets the
provisions of Section 6-107 of this Code.
    (b) The Secretary of State shall cancel the license or
permit of any person under the age of 18 years if he or she is
convicted of violating the Cannabis Control Act, or the
Illinois Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act while that person was in
actual physical control of a motor vehicle. For purposes of
this Section, any person placed on probation under Section 10
of the Cannabis Control Act, or Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the Methamphetamine
Control and Community Protection Act shall not be considered
convicted. Any person found guilty of this offense, while in
actual physical control of a motor vehicle, shall have an entry
made in the court record by the judge that this offense did
occur while the person was in actual physical control of a
motor vehicle and order the clerk of the court to report the
violation to the Secretary of State as such. After the
cancellation, the Secretary of State shall not issue a new
license or permit for a period of one year after the date of
cancellation or until the minor attains the age of 18 years,
whichever is longer. However, upon application, the Secretary
of State may, if satisfied that the person applying will not
endanger the public safety, or welfare, issue a restricted
driving permit granting the privilege of driving a motor
vehicle between the person's residence and person's place of
employment or within the scope of the person's employment
related duties, or to allow transportation for the person or a
household member of the person's family for the receipt of
necessary medical care or, if the professional evaluation
indicates, provide transportation for the petitioner for
alcohol remedial or rehabilitative activity, or for the person
to attend classes, as a student, in an accredited educational
institution; if the person is able to demonstrate that no
alternative means of transportation is reasonably available;
provided that the Secretary's discretion shall be limited to
cases where undue hardship would result from a failure to issue
such restricted driving permit. In each case the Secretary of
State may issue a restricted driving permit for a period as he
deems appropriate, except that the permit shall expire within
one year from the date of issuance. A restricted driving permit
issued hereunder shall be subject to cancellation, revocation,
and suspension by the Secretary of State in like manner and for
like cause as a driver's license issued hereunder may be
cancelled, revoked, or suspended; except that a conviction upon
one or more offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for the
revocation, suspension, or cancellation of a restricted
driving permit. The Secretary of State may, as a condition to
the issuance of a restricted driving permit, require the
applicant to participate in a driver remedial or rehabilitative
program. Thereafter, upon reapplication for a license as
provided in Section 6-106 of this Code or a permit as provided
in Section 6-105 of this Code and upon payment of the
appropriate application fee, the Secretary of State shall issue
the applicant a license as provided in Section 6-106 of this
Code or shall issue the applicant a permit as provided in
Section 6-105.
(Source: P.A. 86-1450; 87-1114.)
 
    (625 ILCS 5/6-201)  (from Ch. 95 1/2, par. 6-201)
    Sec. 6-201. Authority to cancel licenses and permits.
    (a) The Secretary of State is authorized to cancel any
license or permit upon determining that the holder thereof:
        1. was not entitled to the issuance thereof hereunder;
    or
        2. failed to give the required or correct information
    in his application; or
        3. failed to pay any fees, civil penalties owed to the
    Illinois Commerce Commission, or taxes due under this Act
    and upon reasonable notice and demand; or
        4. committed any fraud in the making of such
    application; or
        5. is ineligible therefor under the provisions of
    Section 6-103 of this Act, as amended; or
        6. has refused or neglected to submit an alcohol, drug,
    and intoxicating compound evaluation or to submit to
    examination or re-examination as required under this Act;
    or
        7. has been convicted of violating the Cannabis Control
    Act, the Illinois Controlled Substances Act, the
    Methamphetamine Control and Community Protection Act, or
    the Use of Intoxicating Compounds Act while that individual
    was in actual physical control of a motor vehicle. For
    purposes of this Section, any person placed on probation
    under Section 10 of the Cannabis Control Act, or Section
    410 of the Illinois Controlled Substances Act, or Section
    70 of the Methamphetamine Control and Community Protection
    Act shall not be considered convicted. Any person found
    guilty of this offense, while in actual physical control of
    a motor vehicle, shall have an entry made in the court
    record by the judge that this offense did occur while the
    person was in actual physical control of a motor vehicle
    and order the clerk of the court to report the violation to
    the Secretary of State as such. After the cancellation, the
    Secretary of State shall not issue a new license or permit
    for a period of one year after the date of cancellation.
    However, upon application, the Secretary of State may, if
    satisfied that the person applying will not endanger the
    public safety, or welfare, issue a restricted driving
    permit granting the privilege of driving a motor vehicle
    between the person's residence and person's place of
    employment or within the scope of the person's employment
    related duties, or to allow transportation for the person
    or a household member of the person's family for the
    receipt of necessary medical care or, if the professional
    evaluation indicates, provide transportation for the
    petitioner for alcohol remedial or rehabilitative
    activity, or for the person to attend classes, as a
    student, in an accredited educational institution; if the
    person is able to demonstrate that no alternative means of
    transportation is reasonably available; provided that the
    Secretary's discretion shall be limited to cases where
    undue hardship would result from a failure to issue such
    restricted driving permit. In each case the Secretary of
    State may issue such restricted driving permit for such
    period as he deems appropriate, except that such permit
    shall expire within one year from the date of issuance. A
    restricted driving permit issued hereunder shall be
    subject to cancellation, revocation and suspension by the
    Secretary of State in like manner and for like cause as a
    driver's license issued hereunder may be cancelled,
    revoked or suspended; except that a conviction upon one or
    more offenses against laws or ordinances regulating the
    movement of traffic shall be deemed sufficient cause for
    the revocation, suspension or cancellation of a restricted
    driving permit. The Secretary of State may, as a condition
    to the issuance of a restricted driving permit, require the
    applicant to participate in a driver remedial or
    rehabilitative program; or
        8. failed to submit a report as required by Section
    6-116.5 of this Code.
    (b) Upon such cancellation the licensee or permittee must
surrender the license or permit so cancelled to the Secretary
of State.
    (c) Except as provided in Sections 6-206.1 and 7-702.1, the
Secretary of State shall have exclusive authority to grant,
issue, deny, cancel, suspend and revoke driving privileges,
drivers' licenses and restricted driving permits.
(Source: P.A. 89-92, eff. 7-1-96; 89-584, eff. 7-31-96; 90-779,
eff. 1-1-99.)
 
    (625 ILCS 5/6-206)  (from Ch. 95 1/2, par. 6-206)
    Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
    (a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without preliminary
hearing upon a showing of the person's records or other
sufficient evidence that the person:
        1. Has committed an offense for which mandatory
    revocation of a driver's license or permit is required upon
    conviction;
        2. Has been convicted of not less than 3 offenses
    against traffic regulations governing the movement of
    vehicles committed within any 12 month period. No
    revocation or suspension shall be entered more than 6
    months after the date of last conviction;
        3. Has been repeatedly involved as a driver in motor
    vehicle collisions or has been repeatedly convicted of
    offenses against laws and ordinances regulating the
    movement of traffic, to a degree that indicates lack of
    ability to exercise ordinary and reasonable care in the
    safe operation of a motor vehicle or disrespect for the
    traffic laws and the safety of other persons upon the
    highway;
        4. Has by the unlawful operation of a motor vehicle
    caused or contributed to an accident resulting in death or
    injury requiring immediate professional treatment in a
    medical facility or doctor's office to any person, except
    that any suspension or revocation imposed by the Secretary
    of State under the provisions of this subsection shall
    start no later than 6 months after being convicted of
    violating a law or ordinance regulating the movement of
    traffic, which violation is related to the accident, or
    shall start not more than one year after the date of the
    accident, whichever date occurs later;
        5. Has permitted an unlawful or fraudulent use of a
    driver's license, identification card, or permit;
        6. Has been lawfully convicted of an offense or
    offenses in another state, including the authorization
    contained in Section 6-203.1, which if committed within
    this State would be grounds for suspension or revocation;
        7. Has refused or failed to submit to an examination
    provided for by Section 6-207 or has failed to pass the
    examination;
        8. Is ineligible for a driver's license or permit under
    the provisions of Section 6-103;
        9. Has made a false statement or knowingly concealed a
    material fact or has used false information or
    identification in any application for a license,
    identification card, or permit;
        10. Has possessed, displayed, or attempted to
    fraudulently use any license, identification card, or
    permit not issued to the person;
        11. Has operated a motor vehicle upon a highway of this
    State when the person's driving privilege or privilege to
    obtain a driver's license or permit was revoked or
    suspended unless the operation was authorized by a judicial
    driving permit, probationary license to drive, or a
    restricted driving permit issued under this Code;
        12. Has submitted to any portion of the application
    process for another person or has obtained the services of
    another person to submit to any portion of the application
    process for the purpose of obtaining a license,
    identification card, or permit for some other person;
        13. Has operated a motor vehicle upon a highway of this
    State when the person's driver's license or permit was
    invalid under the provisions of Sections 6-107.1 and 6-110;
        14. Has committed a violation of Section 6-301,
    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
    of the Illinois Identification Card Act;
        15. Has been convicted of violating Section 21-2 of the
    Criminal Code of 1961 relating to criminal trespass to
    vehicles in which case, the suspension shall be for one
    year;
        16. Has been convicted of violating Section 11-204 of
    this Code relating to fleeing from a peace officer;
        17. Has refused to submit to a test, or tests, as
    required under Section 11-501.1 of this Code and the person
    has not sought a hearing as provided for in Section
    11-501.1;
        18. Has, since issuance of a driver's license or
    permit, been adjudged to be afflicted with or suffering
    from any mental disability or disease;
        19. Has committed a violation of paragraph (a) or (b)
    of Section 6-101 relating to driving without a driver's
    license;
        20. Has been convicted of violating Section 6-104
    relating to classification of driver's license;
        21. Has been convicted of violating Section 11-402 of
    this Code relating to leaving the scene of an accident
    resulting in damage to a vehicle in excess of $1,000, in
    which case the suspension shall be for one year;
        22. Has used a motor vehicle in violating paragraph
    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
    the Criminal Code of 1961 relating to unlawful use of
    weapons, in which case the suspension shall be for one
    year;
        23. Has, as a driver, been convicted of committing a
    violation of paragraph (a) of Section 11-502 of this Code
    for a second or subsequent time within one year of a
    similar violation;
        24. Has been convicted by a court-martial or punished
    by non-judicial punishment by military authorities of the
    United States at a military installation in Illinois of or
    for a traffic related offense that is the same as or
    similar to an offense specified under Section 6-205 or
    6-206 of this Code;
        25. Has permitted any form of identification to be used
    by another in the application process in order to obtain or
    attempt to obtain a license, identification card, or
    permit;
        26. Has altered or attempted to alter a license or has
    possessed an altered license, identification card, or
    permit;
        27. Has violated Section 6-16 of the Liquor Control Act
    of 1934;
        28. Has been convicted of the illegal possession, while
    operating or in actual physical control, as a driver, of a
    motor vehicle, of any controlled substance prohibited
    under the Illinois Controlled Substances Act, or any
    cannabis prohibited under the provisions of the Cannabis
    Control Act, or any methamphetamine prohibited under the
    Methamphetamine Control and Community Protection Act, in
    which case the person's driving privileges shall be
    suspended for one year, and any driver who is convicted of
    a second or subsequent offense, within 5 years of a
    previous conviction, for the illegal possession, while
    operating or in actual physical control, as a driver, of a
    motor vehicle, of any controlled substance prohibited
    under the provisions of the Illinois Controlled Substances
    Act, or any cannabis prohibited under the Cannabis Control
    Act, or any methamphetamine prohibited under the
    Methamphetamine Control and Community Protection Act shall
    be suspended for 5 years. Any defendant found guilty of
    this offense while operating a motor vehicle, shall have an
    entry made in the court record by the presiding judge that
    this offense did occur while the defendant was operating a
    motor vehicle and order the clerk of the court to report
    the violation to the Secretary of State;
        29. Has been convicted of the following offenses that
    were committed while the person was operating or in actual
    physical control, as a driver, of a motor vehicle: criminal
    sexual assault, predatory criminal sexual assault of a
    child, aggravated criminal sexual assault, criminal sexual
    abuse, aggravated criminal sexual abuse, juvenile pimping,
    soliciting for a juvenile prostitute and the manufacture,
    sale or delivery of controlled substances or instruments
    used for illegal drug use or abuse in which case the
    driver's driving privileges shall be suspended for one
    year;
        30. Has been convicted a second or subsequent time for
    any combination of the offenses named in paragraph 29 of
    this subsection, in which case the person's driving
    privileges shall be suspended for 5 years;
        31. Has refused to submit to a test as required by
    Section 11-501.6 or has submitted to a test resulting in an
    alcohol concentration of 0.08 or more or any amount of a
    drug, substance, or compound resulting from the unlawful
    use or consumption of cannabis as listed in the Cannabis
    Control Act, a controlled substance as listed in the
    Illinois Controlled Substances Act, or an intoxicating
    compound as listed in the Use of Intoxicating Compounds
    Act, in which case the penalty shall be as prescribed in
    Section 6-208.1;
        32. Has been convicted of Section 24-1.2 of the
    Criminal Code of 1961 relating to the aggravated discharge
    of a firearm if the offender was located in a motor vehicle
    at the time the firearm was discharged, in which case the
    suspension shall be for 3 years;
        33. Has as a driver, who was less than 21 years of age
    on the date of the offense, been convicted a first time of
    a violation of paragraph (a) of Section 11-502 of this Code
    or a similar provision of a local ordinance;
        34. Has committed a violation of Section 11-1301.5 of
    this Code;
        35. Has committed a violation of Section 11-1301.6 of
    this Code;
        36. Is under the age of 21 years at the time of arrest
    and has been convicted of not less than 2 offenses against
    traffic regulations governing the movement of vehicles
    committed within any 24 month period. No revocation or
    suspension shall be entered more than 6 months after the
    date of last conviction;
        37. Has committed a violation of subsection (c) of
    Section 11-907 of this Code;
        38. Has been convicted of a violation of Section 6-20
    of the Liquor Control Act of 1934 or a similar provision of
    a local ordinance;
        39. Has committed a second or subsequent violation of
    Section 11-1201 of this Code; or
        40. Has committed a violation of subsection (a-1) of
    Section 11-908 of this Code; or .
        41. 40. Has committed a second or subsequent violation
    of Section 11-605.1 of this Code within 2 years of the date
    of the previous violation, in which case the suspension
    shall be for 90 days.
    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license is
deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license or a temporary driver's
license.
    (b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be, provided
that a certified copy of a stay order of a court is filed with
the Secretary of State. If the conviction is affirmed on
appeal, the date of the conviction shall relate back to the
time the original judgment of conviction was entered and the 6
month limitation prescribed shall not apply.
     (c) 1. Upon suspending or revoking the driver's license or
    permit of any person as authorized in this Section, the
    Secretary of State shall immediately notify the person in
    writing of the revocation or suspension. The notice to be
    deposited in the United States mail, postage prepaid, to
    the last known address of the person.
        2. If the Secretary of State suspends the driver's
    license of a person under subsection 2 of paragraph (a) of
    this Section, a person's privilege to operate a vehicle as
    an occupation shall not be suspended, provided an affidavit
    is properly completed, the appropriate fee received, and a
    permit issued prior to the effective date of the
    suspension, unless 5 offenses were committed, at least 2 of
    which occurred while operating a commercial vehicle in
    connection with the driver's regular occupation. All other
    driving privileges shall be suspended by the Secretary of
    State. Any driver prior to operating a vehicle for
    occupational purposes only must submit the affidavit on
    forms to be provided by the Secretary of State setting
    forth the facts of the person's occupation. The affidavit
    shall also state the number of offenses committed while
    operating a vehicle in connection with the driver's regular
    occupation. The affidavit shall be accompanied by the
    driver's license. Upon receipt of a properly completed
    affidavit, the Secretary of State shall issue the driver a
    permit to operate a vehicle in connection with the driver's
    regular occupation only. Unless the permit is issued by the
    Secretary of State prior to the date of suspension, the
    privilege to drive any motor vehicle shall be suspended as
    set forth in the notice that was mailed under this Section.
    If an affidavit is received subsequent to the effective
    date of this suspension, a permit may be issued for the
    remainder of the suspension period.
        The provisions of this subparagraph shall not apply to
    any driver required to obtain a commercial driver's license
    under Section 6-507 during the period of a disqualification
    of commercial driving privileges under Section 6-514.
        Any person who falsely states any fact in the affidavit
    required herein shall be guilty of perjury under Section
    6-302 and upon conviction thereof shall have all driving
    privileges revoked without further rights.
        3. At the conclusion of a hearing under Section 2-118
    of this Code, the Secretary of State shall either rescind
    or continue an order of revocation or shall substitute an
    order of suspension; or, good cause appearing therefor,
    rescind, continue, change, or extend the order of
    suspension. If the Secretary of State does not rescind the
    order, the Secretary may upon application, to relieve undue
    hardship, issue a restricted driving permit granting the
    privilege of driving a motor vehicle between the
    petitioner's residence and petitioner's place of
    employment or within the scope of his employment related
    duties, or to allow transportation for the petitioner, or a
    household member of the petitioner's family, to receive
    necessary medical care and if the professional evaluation
    indicates, provide transportation for alcohol remedial or
    rehabilitative activity, or for the petitioner to attend
    classes, as a student, in an accredited educational
    institution; if the petitioner is able to demonstrate that
    no alternative means of transportation is reasonably
    available and the petitioner will not endanger the public
    safety or welfare.
        If a person's license or permit has been revoked or
    suspended due to 2 or more convictions of violating Section
    11-501 of this Code or a similar provision of a local
    ordinance or a similar out-of-state offense, arising out of
    separate occurrences, that person, if issued a restricted
    driving permit, may not operate a vehicle unless it has
    been equipped with an ignition interlock device as defined
    in Section 1-129.1.
        If a person's license or permit has been revoked or
    suspended 2 or more times within a 10 year period due to a
    single conviction of violating Section 11-501 of this Code
    or a similar provision of a local ordinance or a similar
    out-of-state offense, and a statutory summary suspension
    under Section 11-501.1, or 2 or more statutory summary
    suspensions, or combination of 2 offenses, or of an offense
    and a statutory summary suspension, arising out of separate
    occurrences, that person, if issued a restricted driving
    permit, may not operate a vehicle unless it has been
    equipped with an ignition interlock device as defined in
    Section 1-129.1. The person must pay to the Secretary of
    State DUI Administration Fund an amount not to exceed $20
    per month. The Secretary shall establish by rule the amount
    and the procedures, terms, and conditions relating to these
    fees. If the restricted driving permit was issued for
    employment purposes, then this provision does not apply to
    the operation of an occupational vehicle owned or leased by
    that person's employer. In each case the Secretary may
    issue a restricted driving permit for a period deemed
    appropriate, except that all permits shall expire within
    one year from the date of issuance. The Secretary may not,
    however, issue a restricted driving permit to any person
    whose current revocation is the result of a second or
    subsequent conviction for a violation of Section 11-501 of
    this Code or a similar provision of a local ordinance
    relating to the offense of operating or being in physical
    control of a motor vehicle while under the influence of
    alcohol, other drug or drugs, intoxicating compound or
    compounds, or any similar out-of-state offense, or any
    combination of those offenses, until the expiration of at
    least one year from the date of the revocation. A
    restricted driving permit issued under this Section shall
    be subject to cancellation, revocation, and suspension by
    the Secretary of State in like manner and for like cause as
    a driver's license issued under this Code may be cancelled,
    revoked, or suspended; except that a conviction upon one or
    more offenses against laws or ordinances regulating the
    movement of traffic shall be deemed sufficient cause for
    the revocation, suspension, or cancellation of a
    restricted driving permit. The Secretary of State may, as a
    condition to the issuance of a restricted driving permit,
    require the applicant to participate in a designated driver
    remedial or rehabilitative program. The Secretary of State
    is authorized to cancel a restricted driving permit if the
    permit holder does not successfully complete the program.
    (c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 18 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
    (d) This Section is subject to the provisions of the
Drivers License Compact.
    (e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
(Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01;
92-458, eff. 8-22-01; 92-651, eff. 7-11-02; 92-804, eff.
1-1-03; 92-814, eff. 1-1-03; 93-120, eff. 1-1-04; 93-667, eff.
3-19-04; 93-788, eff. 1-1-05; 93-955, eff. 8-19-04; revised
10-22-04.)
 
    (625 ILCS 5/6-508)  (from Ch. 95 1/2, par. 6-508)
    Sec. 6-508. Commercial Driver's License (CDL) -
qualification standards.
    (a) Testing.
        (1) General. No person shall be issued an original or
    renewal CDL unless that person is domiciled in this State.
    The Secretary shall cause to be administered such tests as
    the Secretary deems necessary to meet the requirements of
    49 C.F.R. Part 383, subparts G and H.
        (2) Third party testing. The Secretary of state may
    authorize a "third party tester", pursuant to 49 C.F.R.
    Part 383.75, to administer the skills test or tests
    specified by Federal Highway Administration pursuant to
    the Commercial Motor Vehicle Safety Act of 1986 and any
    appropriate federal rule.
    (b) Waiver of Skills Test. The Secretary of State may waive
the skills test specified in this Section for a commercial
driver license applicant who meets the requirements of 49
C.F.R. Part 383.77.
    (c) Limitations on issuance of a CDL. A CDL, or a
commercial driver instruction permit, shall not be issued to a
person while the person is subject to a disqualification from
driving a commercial motor vehicle, or unless otherwise
permitted by this Code, while the person's driver's license is
suspended, revoked or cancelled in any state, or any territory
or province of Canada; nor may a CDL be issued to a person who
has a CDL issued by any other state, or foreign jurisdiction,
unless the person first surrenders all such licenses. No CDL
shall be issued to or renewed for a person who does not meet
the requirement of 49 CFR 391.41(b)(11). The requirement may be
met with the aid of a hearing aid.
    (c-1) The Secretary may issue a CDL with a school bus
driver endorsement to allow a person to drive the type of bus
described in subsection (d-5) of Section 6-104 of this Code.
The CDL with a school bus driver endorsement may be issued only
to a person meeting the following requirements:
        (1) the person has submitted his or her fingerprints to
    the Department of State Police in the form and manner
    prescribed by the Department of State Police. These
    fingerprints shall be checked against the fingerprint
    records now and hereafter filed in the Department of State
    Police and Federal Bureau of Investigation criminal
    history records databases for fingerprint based criminal
    background checks on current and future information
    available in the state system and current information
    available through the Federal Bureau of Investigation's
    system;
        (2) the person has passed a written test, administered
    by the Secretary of State, on charter bus operation,
    charter bus safety, and certain special traffic laws
    relating to school buses determined by the Secretary of
    State to be relevant to charter buses, and submitted to a
    review of the applicant's driving habits by the Secretary
    of State at the time the written test is given;
        (3) the person has demonstrated physical fitness to
    operate school buses by submitting the results of a medical
    examination, including tests for drug use; and
        (4) the person has not been convicted of committing or
    attempting to commit any one or more of the following
    offenses: (i) those offenses defined in Sections 9-1,
    9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
    10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-9.1, 11-14, 11-15,
    11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
    11-20, 11-20.1, 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2,
    12-4.3, 12-4.4, 12-4.5, 12-6, 12-6.2, 12-7.1, 12-7.3,
    12-7.4, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16,
    12-16.2, 12-21.5, 12-21.6, 12-33, 18-1, 18-2, 18-3, 18-4,
    18-5, 20-1, 20-1.1, 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3,
    31A-1, 31A-1.1, and 33A-2, and in subsection (a) and
    subsection (b), clause (1), of Section 12-4 of the Criminal
    Code of 1961; (ii) those offenses defined in the Cannabis
    Control Act except those offenses defined in subsections
    (a) and (b) of Section 4, and subsection (a) of Section 5
    of the Cannabis Control Act; (iii) those offenses defined
    in the Illinois Controlled Substances Act; (iv) those
    offenses defined in the Methamphetamine Control and
    Community Protection Act; (v) (iv) any offense committed or
    attempted in any other state or against the laws of the
    United States, which if committed or attempted in this
    State would be punishable as one or more of the foregoing
    offenses; (vi) (v) the offenses defined in Sections 4.1 and
    5.1 of the Wrongs to Children Act; and (vii) (vi) those
    offenses defined in Section 6-16 of the Liquor Control Act
    of 1934.
    The Department of State Police shall charge a fee for
conducting the criminal history records check, which shall be
deposited into the State Police Services Fund and may not
exceed the actual cost of the records check.
    (d) Commercial driver instruction permit. A commercial
driver instruction permit may be issued to any person holding a
valid Illinois driver's license if such person successfully
passes such tests as the Secretary determines to be necessary.
A commercial driver instruction permit shall not be issued to a
person who does not meet the requirements of 49 CFR 391.41
(b)(11), except for the renewal of a commercial driver
instruction permit for a person who possesses a commercial
instruction permit prior to the effective date of this
amendatory Act of 1999.
(Source: P.A. 93-476, eff. 1-1-04; 93-644, eff. 6-1-04; revised
11-29-04.)
 
    Section 1045. The Clerks of Courts Act is amended by
changing Section 27.6 as follows:
 
    (705 ILCS 105/27.6)
    Sec. 27.6. (a) All fees, fines, costs, additional
penalties, bail balances assessed or forfeited, and any other
amount paid by a person to the circuit clerk equalling an
amount of $55 or more, except the additional fee required by
subsections (b) and (c), restitution under Section 5-5-6 of the
Unified Code of Corrections, reimbursement for the costs of an
emergency response as provided under Section 11-501 of the
Illinois Vehicle Code, any fees collected for attending a
traffic safety program under paragraph (c) of Supreme Court
Rule 529, any fee collected on behalf of a State's Attorney
under Section 4-2002 of the Counties Code or a sheriff under
Section 4-5001 of the Counties Code, or any cost imposed under
Section 124A-5 of the Code of Criminal Procedure of 1963, for
convictions, orders of supervision, or any other disposition
for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, and except as provided
in subsection (d) shall be disbursed within 60 days after
receipt by the circuit clerk as follows: 44.5% shall be
disbursed to the entity authorized by law to receive the fine
imposed in the case; 16.825% shall be disbursed to the State
Treasurer; and 38.675% shall be disbursed to the county's
general corporate fund. Of the 16.825% disbursed to the State
Treasurer, 2/17 shall be deposited by the State Treasurer into
the Violent Crime Victims Assistance Fund, 5.052/17 shall be
deposited into the Traffic and Criminal Conviction Surcharge
Fund, 3/17 shall be deposited into the Drivers Education Fund,
and 6.948/17 shall be deposited into the Trauma Center Fund. Of
the 6.948/17 deposited into the Trauma Center Fund from the
16.825% disbursed to the State Treasurer, 50% shall be
disbursed to the Department of Public Health and 50% shall be
disbursed to the Department of Public Aid. For fiscal year
1993, amounts deposited into the Violent Crime Victims
Assistance Fund, the Traffic and Criminal Conviction Surcharge
Fund, or the Drivers Education Fund shall not exceed 110% of
the amounts deposited into those funds in fiscal year 1991. Any
amount that exceeds the 110% limit shall be distributed as
follows: 50% shall be disbursed to the county's general
corporate fund and 50% shall be disbursed to the entity
authorized by law to receive the fine imposed in the case. Not
later than March 1 of each year the circuit clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this Section during the preceding year based upon
independent verification of fines and fees. All counties shall
be subject to this Section, except that counties with a
population under 2,000,000 may, by ordinance, elect not to be
subject to this Section. For offenses subject to this Section,
judges shall impose one total sum of money payable for
violations. The circuit clerk may add on no additional amounts
except for amounts that are required by Sections 27.3a and
27.3c of this Act, unless those amounts are specifically waived
by the judge. With respect to money collected by the circuit
clerk as a result of forfeiture of bail, ex parte judgment or
guilty plea pursuant to Supreme Court Rule 529, the circuit
clerk shall first deduct and pay amounts required by Sections
27.3a and 27.3c of this Act. This Section is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
    (b) In addition to any other fines and court costs assessed
by the courts, any person convicted or receiving an order of
supervision for driving under the influence of alcohol or drugs
shall pay an additional fee of $100 to the clerk of the circuit
court. This amount, less 2 1/2% that shall be used to defray
administrative costs incurred by the clerk, shall be remitted
by the clerk to the Treasurer within 60 days after receipt for
deposit into the Trauma Center Fund. This additional fee of
$100 shall not be considered a part of the fine for purposes of
any reduction in the fine for time served either before or
after sentencing. Not later than March 1 of each year the
Circuit Clerk shall submit a report of the amount of funds
remitted to the State Treasurer under this subsection during
the preceding calendar year.
    (b-1) In addition to any other fines and court costs
assessed by the courts, any person convicted or receiving an
order of supervision for driving under the influence of alcohol
or drugs shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Spinal Cord Injury Paralysis Cure
Research Trust Fund. This additional fee of $5 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
    (c) In addition to any other fines and court costs assessed
by the courts, any person convicted for a violation of Sections
24-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or a
person sentenced for a violation of the Cannabis Control Act,
or the Illinois Controlled Substances Substance Act, or the
Methamphetamine Control and Community Protection Act shall pay
an additional fee of $100 to the clerk of the circuit court.
This amount, less 2 1/2% that shall be used to defray
administrative costs incurred by the clerk, shall be remitted
by the clerk to the Treasurer within 60 days after receipt for
deposit into the Trauma Center Fund. This additional fee of
$100 shall not be considered a part of the fine for purposes of
any reduction in the fine for time served either before or
after sentencing. Not later than March 1 of each year the
Circuit Clerk shall submit a report of the amount of funds
remitted to the State Treasurer under this subsection during
the preceding calendar year.
    (c-1) In addition to any other fines and court costs
assessed by the courts, any person sentenced for a violation of
the Cannabis Control Act, or the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community Protection
Act shall pay an additional fee of $5 to the clerk of the
circuit court. This amount, less 2 1/2% that shall be used to
defray administrative costs incurred by the clerk, shall be
remitted by the clerk to the Treasurer within 60 days after
receipt for deposit into the Spinal Cord Injury Paralysis Cure
Research Trust Fund. This additional fee of $5 shall not be
considered a part of the fine for purposes of any reduction in
the fine for time served either before or after sentencing. Not
later than March 1 of each year the Circuit Clerk shall submit
a report of the amount of funds remitted to the State Treasurer
under this subsection during the preceding calendar year.
    (d) The following amounts must be remitted to the State
Treasurer for deposit into the Illinois Animal Abuse Fund:
        (1) 50% of the amounts collected for felony offenses
    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
    Animals Act and Section 26-5 of the Criminal Code of 1961;
        (2) 20% of the amounts collected for Class A and Class
    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
    for Animals Act and Section 26-5 of the Criminal Code of
    1961; and
        (3) 50% of the amounts collected for Class C
    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
    for Animals Act and Section 26-5 of the Criminal Code of
    1961.
(Source: P.A. 92-431, eff. 1-1-02; 92-454, eff. 1-1-02; 92-650,
eff. 7-11-02; 92-651, eff. 7-11-02; 93-800, eff. 1-1-05.)
 
    Section 1050. The Juvenile Court Act of 1987 is amended by
changing Sections 1-7, 1-8, 5-130, 5-601, 5-615, 5-710, 5-715,
5-805, and 5-901 as follows:
 
    (705 ILCS 405/1-7)  (from Ch. 37, par. 801-7)
    Sec. 1-7. Confidentiality of law enforcement records.
    (A) Inspection and copying of law enforcement records
maintained by law enforcement agencies that relate to a minor
who has been arrested or taken into custody before his or her
17th birthday shall be restricted to the following:
        (1) Any local, State or federal law enforcement
    officers of any jurisdiction or agency when necessary for
    the discharge of their official duties during the
    investigation or prosecution of a crime or relating to a
    minor who has been adjudicated delinquent and there has
    been a previous finding that the act which constitutes the
    previous offense was committed in furtherance of criminal
    activities by a criminal street gang. For purposes of this
    Section, "criminal street gang" has the meaning ascribed to
    it in Section 10 of the Illinois Streetgang Terrorism
    Omnibus Prevention Act.
        (2) Prosecutors, probation officers, social workers,
    or other individuals assigned by the court to conduct a
    pre-adjudication or pre-disposition investigation, and
    individuals responsible for supervising or providing
    temporary or permanent care and custody for minors pursuant
    to the order of the juvenile court, when essential to
    performing their responsibilities.
        (3) Prosecutors and probation officers:
            (a) in the course of a trial when institution of
        criminal proceedings has been permitted or required
        under Section 5-805; or
            (b) when institution of criminal proceedings has
        been permitted or required under Section 5-805 and such
        minor is the subject of a proceeding to determine the
        amount of bail; or
            (c) when criminal proceedings have been permitted
        or required under Section 5-805 and such minor is the
        subject of a pre-trial investigation, pre-sentence
        investigation, fitness hearing, or proceedings on an
        application for probation.
        (4) Adult and Juvenile Prisoner Review Board.
        (5) Authorized military personnel.
        (6) Persons engaged in bona fide research, with the
    permission of the Presiding Judge of the Juvenile Court and
    the chief executive of the respective law enforcement
    agency; provided that publication of such research results
    in no disclosure of a minor's identity and protects the
    confidentiality of the minor's record.
        (7) Department of Children and Family Services child
    protection investigators acting in their official
    capacity.
        (8) The appropriate school official. Inspection and
    copying shall be limited to law enforcement records
    transmitted to the appropriate school official by a local
    law enforcement agency under a reciprocal reporting system
    established and maintained between the school district and
    the local law enforcement agency under Section 10-20.14 of
    the School Code concerning a minor enrolled in a school
    within the school district who has been arrested or taken
    into custody for any of the following offenses:
            (i) unlawful use of weapons under Section 24-1 of
        the Criminal Code of 1961;
            (ii) a violation of the Illinois Controlled
        Substances Act;
            (iii) a violation of the Cannabis Control Act; or
            (iv) a forcible felony as defined in Section 2-8 of
        the Criminal Code of 1961; or .
            (v) a violation of the Methamphetamine Control and
        Community Protection Act.
        (9) Mental health professionals on behalf of the
    Illinois Department of Corrections or the Department of
    Human Services or prosecutors who are evaluating,
    prosecuting, or investigating a potential or actual
    petition brought under the Sexually Violent Persons
    Commitment Act relating to a person who is the subject of
    juvenile law enforcement records or the respondent to a
    petition brought under the Sexually Violent Persons
    Commitment Act who is the subject of the juvenile law
    enforcement records sought. Any records and any
    information obtained from those records under this
    paragraph (9) may be used only in sexually violent persons
    commitment proceedings.
    (B) (1) Except as provided in paragraph (2), no law
    enforcement officer or other person or agency may knowingly
    transmit to the Department of Corrections, Adult Division
    or the Department of State Police or to the Federal Bureau
    of Investigation any fingerprint or photograph relating to
    a minor who has been arrested or taken into custody before
    his or her 17th birthday, unless the court in proceedings
    under this Act authorizes the transmission or enters an
    order under Section 5-805 permitting or requiring the
    institution of criminal proceedings.
        (2) Law enforcement officers or other persons or
    agencies shall transmit to the Department of State Police
    copies of fingerprints and descriptions of all minors who
    have been arrested or taken into custody before their 17th
    birthday for the offense of unlawful use of weapons under
    Article 24 of the Criminal Code of 1961, a Class X or Class
    1 felony, a forcible felony as defined in Section 2-8 of
    the Criminal Code of 1961, or a Class 2 or greater felony
    under the Cannabis Control Act, the Illinois Controlled
    Substances Act, the Methamphetamine Control and Community
    Protection Act, or Chapter 4 of the Illinois Vehicle Code,
    pursuant to Section 5 of the Criminal Identification Act.
    Information reported to the Department pursuant to this
    Section may be maintained with records that the Department
    files pursuant to Section 2.1 of the Criminal
    Identification Act. Nothing in this Act prohibits a law
    enforcement agency from fingerprinting a minor taken into
    custody or arrested before his or her 17th birthday for an
    offense other than those listed in this paragraph (2).
    (C) The records of law enforcement officers concerning all
minors under 17 years of age must be maintained separate from
the records of arrests and may not be open to public inspection
or their contents disclosed to the public except by order of
the court or when the institution of criminal proceedings has
been permitted or required under Section 5-805 or such a person
has been convicted of a crime and is the subject of
pre-sentence investigation or proceedings on an application
for probation or when provided by law.
    (D) Nothing contained in subsection (C) of this Section
shall prohibit the inspection or disclosure to victims and
witnesses of photographs contained in the records of law
enforcement agencies when the inspection and disclosure is
conducted in the presence of a law enforcement officer for the
purpose of the identification or apprehension of any person
subject to the provisions of this Act or for the investigation
or prosecution of any crime.
    (E) Law enforcement officers may not disclose the identity
of any minor in releasing information to the general public as
to the arrest, investigation or disposition of any case
involving a minor.
    (F) Nothing contained in this Section shall prohibit law
enforcement agencies from communicating with each other by
letter, memorandum, teletype or intelligence alert bulletin or
other means the identity or other relevant information
pertaining to a person under 17 years of age if there are
reasonable grounds to believe that the person poses a real and
present danger to the safety of the public or law enforcement
officers. The information provided under this subsection (F)
shall remain confidential and shall not be publicly disclosed,
except as otherwise allowed by law.
    (G) Nothing in this Section shall prohibit the right of a
Civil Service Commission or appointing authority of any state,
county or municipality examining the character and fitness of
an applicant for employment with a law enforcement agency,
correctional institution, or fire department from obtaining
and examining the records of any law enforcement agency
relating to any record of the applicant having been arrested or
taken into custody before the applicant's 17th birthday.
(Source: P.A. 91-357, eff. 7-29-99; 91-368, eff. 1-1-00;
92-415, eff. 8-17-01.)
 
    (705 ILCS 405/1-8)  (from Ch. 37, par. 801-8)
    Sec. 1-8. Confidentiality and accessibility of juvenile
court records.
    (A) Inspection and copying of juvenile court records
relating to a minor who is the subject of a proceeding under
this Act shall be restricted to the following:
        (1) The minor who is the subject of record, his
    parents, guardian and counsel.
        (2) Law enforcement officers and law enforcement
    agencies when such information is essential to executing an
    arrest or search warrant or other compulsory process, or to
    conducting an ongoing investigation or relating to a minor
    who has been adjudicated delinquent and there has been a
    previous finding that the act which constitutes the
    previous offense was committed in furtherance of criminal
    activities by a criminal street gang.
        Before July 1, 1994, for the purposes of this Section,
    "criminal street gang" means any ongoing organization,
    association, or group of 3 or more persons, whether formal
    or informal, having as one of its primary activities the
    commission of one or more criminal acts and that has a
    common name or common identifying sign, symbol or specific
    color apparel displayed, and whose members individually or
    collectively engage in or have engaged in a pattern of
    criminal activity.
        Beginning July 1, 1994, for purposes of this Section,
    "criminal street gang" has the meaning ascribed to it in
    Section 10 of the Illinois Streetgang Terrorism Omnibus
    Prevention Act.
        (3) Judges, hearing officers, prosecutors, probation
    officers, social workers or other individuals assigned by
    the court to conduct a pre-adjudication or predisposition
    investigation, and individuals responsible for supervising
    or providing temporary or permanent care and custody for
    minors pursuant to the order of the juvenile court when
    essential to performing their responsibilities.
        (4) Judges, prosecutors and probation officers:
            (a) in the course of a trial when institution of
        criminal proceedings has been permitted or required
        under Section 5-805; or
            (b) when criminal proceedings have been permitted
        or required under Section 5-805 and a minor is the
        subject of a proceeding to determine the amount of
        bail; or
            (c) when criminal proceedings have been permitted
        or required under Section 5-805 and a minor is the
        subject of a pre-trial investigation, pre-sentence
        investigation or fitness hearing, or proceedings on an
        application for probation; or
            (d) when a minor becomes 17 years of age or older,
        and is the subject of criminal proceedings, including a
        hearing to determine the amount of bail, a pre-trial
        investigation, a pre-sentence investigation, a fitness
        hearing, or proceedings on an application for
        probation.
        (5) Adult and Juvenile Prisoner Review Boards.
        (6) Authorized military personnel.
        (7) Victims, their subrogees and legal
    representatives; however, such persons shall have access
    only to the name and address of the minor and information
    pertaining to the disposition or alternative adjustment
    plan of the juvenile court.
        (8) Persons engaged in bona fide research, with the
    permission of the presiding judge of the juvenile court and
    the chief executive of the agency that prepared the
    particular records; provided that publication of such
    research results in no disclosure of a minor's identity and
    protects the confidentiality of the record.
        (9) The Secretary of State to whom the Clerk of the
    Court shall report the disposition of all cases, as
    required in Section 6-204 of the Illinois Vehicle Code.
    However, information reported relative to these offenses
    shall be privileged and available only to the Secretary of
    State, courts, and police officers.
        (10) The administrator of a bonafide substance abuse
    student assistance program with the permission of the
    presiding judge of the juvenile court.
        (11) Mental health professionals on behalf of the
    Illinois Department of Corrections or the Department of
    Human Services or prosecutors who are evaluating,
    prosecuting, or investigating a potential or actual
    petition brought under the Sexually Persons Commitment Act
    relating to a person who is the subject of juvenile court
    records or the respondent to a petition brought under the
    Sexually Violent Persons Commitment Act, who is the subject
    of juvenile court records sought. Any records and any
    information obtained from those records under this
    paragraph (11) may be used only in sexually violent persons
    commitment proceedings.
    (B) A minor who is the victim in a juvenile proceeding
shall be provided the same confidentiality regarding
disclosure of identity as the minor who is the subject of
record.
    (C) Except as otherwise provided in this subsection (C),
juvenile court records shall not be made available to the
general public but may be inspected by representatives of
agencies, associations and news media or other properly
interested persons by general or special order of the court.
The State's Attorney, the minor, his parents, guardian and
counsel shall at all times have the right to examine court
files and records.
        (1) The court shall allow the general public to have
    access to the name, address, and offense of a minor who is
    adjudicated a delinquent minor under this Act under either
    of the following circumstances:
            (A) The adjudication of delinquency was based upon
        the minor's commission of first degree murder, attempt
        to commit first degree murder, aggravated criminal
        sexual assault, or criminal sexual assault; or
            (B) The court has made a finding that the minor was
        at least 13 years of age at the time the act was
        committed and the adjudication of delinquency was
        based upon the minor's commission of: (i) an act in
        furtherance of the commission of a felony as a member
        of or on behalf of a criminal street gang, (ii) an act
        involving the use of a firearm in the commission of a
        felony, (iii) an act that would be a Class X felony
        offense under or the minor's second or subsequent Class
        2 or greater felony offense under the Cannabis Control
        Act if committed by an adult, (iv) an act that would be
        a second or subsequent offense under Section 402 of the
        Illinois Controlled Substances Act if committed by an
        adult, or (v) an act that would be an offense under
        Section 401 of the Illinois Controlled Substances Act
        if committed by an adult, (vi) an act that would be a
        second or subsequent offense under Section 60 of the
        Methamphetamine Control and Community Protection Act,
        or (vii) an act that would be an offense under another
        Section of the Methamphetamine Control and Community
        Protection Act.
        (2) The court shall allow the general public to have
    access to the name, address, and offense of a minor who is
    at least 13 years of age at the time the offense is
    committed and who is convicted, in criminal proceedings
    permitted or required under Section 5-4, under either of
    the following circumstances:
            (A) The minor has been convicted of first degree
        murder, attempt to commit first degree murder,
        aggravated criminal sexual assault, or criminal sexual
        assault,
            (B) The court has made a finding that the minor was
        at least 13 years of age at the time the offense was
        committed and the conviction was based upon the minor's
        commission of: (i) an offense in furtherance of the
        commission of a felony as a member of or on behalf of a
        criminal street gang, (ii) an offense involving the use
        of a firearm in the commission of a felony, (iii) a
        Class X felony offense under or a second or subsequent
        Class 2 or greater felony offense under the Cannabis
        Control Act, (iv) a second or subsequent offense under
        Section 402 of the Illinois Controlled Substances Act,
        or (v) an offense under Section 401 of the Illinois
        Controlled Substances Act, (vi) an act that would be a
        second or subsequent offense under Section 60 of the
        Methamphetamine Control and Community Protection Act,
        or (vii) an act that would be an offense under another
        Section of the Methamphetamine Control and Community
        Protection Act.
    (D) Pending or following any adjudication of delinquency
for any offense defined in Sections 12-13 through 12-16 of the
Criminal Code of 1961, the victim of any such offense shall
receive the rights set out in Sections 4 and 6 of the Bill of
Rights for Victims and Witnesses of Violent Crime Act; and the
juvenile who is the subject of the adjudication,
notwithstanding any other provision of this Act, shall be
treated as an adult for the purpose of affording such rights to
the victim.
    (E) Nothing in this Section shall affect the right of a
Civil Service Commission or appointing authority of any state,
county or municipality examining the character and fitness of
an applicant for employment with a law enforcement agency,
correctional institution, or fire department to ascertain
whether that applicant was ever adjudicated to be a delinquent
minor and, if so, to examine the records of disposition or
evidence which were made in proceedings under this Act.
    (F) Following any adjudication of delinquency for a crime
which would be a felony if committed by an adult, or following
any adjudication of delinquency for a violation of Section
24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961, the
State's Attorney shall ascertain whether the minor respondent
is enrolled in school and, if so, shall provide a copy of the
dispositional order to the principal or chief administrative
officer of the school. Access to such juvenile records shall be
limited to the principal or chief administrative officer of the
school and any guidance counselor designated by him.
    (G) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is
used to assist in the early identification and treatment of
habitual juvenile offenders.
    (H) When a Court hearing a proceeding under Article II of
this Act becomes aware that an earlier proceeding under Article
II had been heard in a different county, that Court shall
request, and the Court in which the earlier proceedings were
initiated shall transmit, an authenticated copy of the Court
record, including all documents, petitions, and orders filed
therein and the minute orders, transcript of proceedings, and
docket entries of the Court.
    (I) The Clerk of the Circuit Court shall report to the
Department of State Police, in the form and manner required by
the Department of State Police, the final disposition of each
minor who has been arrested or taken into custody before his or
her 17th birthday for those offenses required to be reported
under Section 5 of the Criminal Identification Act. Information
reported to the Department under this Section may be maintained
with records that the Department files under Section 2.1 of the
Criminal Identification Act.
(Source: P.A. 91-357, eff. 7-29-99; 91-368, eff. 1-1-00,
92-415, eff. 8-17-01.)
 
    (705 ILCS 405/5-130)
    Sec. 5-130. Excluded jurisdiction.
    (1) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of an offense was at least 15 years of age and who is
charged with first degree murder, aggravated criminal sexual
assault, aggravated battery with a firearm committed in a
school, on the real property comprising a school, within 1,000
feet of the real property comprising a school, at a school
related activity, or on, boarding, or departing from any
conveyance owned, leased, or contracted by a school or school
district to transport students to or from school or a school
related activity regardless of the time of day or time of year
that the offense was committed, armed robbery when the armed
robbery was committed with a firearm, or aggravated vehicular
hijacking when the hijacking was committed with a firearm.
    These charges and all other charges arising out of the same
incident shall be prosecuted under the criminal laws of this
State.
    For purposes of this paragraph (a) of subsection (l):
    "School" means a public or private elementary or secondary
school, community college, college, or university.
    "School related activity" means any sporting, social,
academic or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole or in
part by a school or school district.
    (b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (1) the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the Criminal Code of 1961 on
a lesser charge if before trial the minor defendant knowingly
and with advice of counsel waives, in writing, his or her right
to have the matter proceed in Juvenile Court.
    (ii) If before trial or plea an information or indictment
is filed that includes one or more charges specified in
paragraph (a) of this subsection (1) and additional charges
that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under the
Criminal Code of 1961.
    (c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (1),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
    (ii) If after trial or plea the court finds that the minor
committed an offense not covered by paragraph (a) of this
subsection (1), that finding shall not invalidate the verdict
or the prosecution of the minor under the criminal laws of the
State; however, unless the State requests a hearing for the
purpose of sentencing the minor under Chapter V of the Unified
Code of Corrections, the Court must proceed under Sections
5-705 and 5-710 of this Article. To request a hearing, the
State must file a written motion within 10 days following the
entry of a finding or the return of a verdict. Reasonable
notice of the motion shall be given to the minor or his or her
counsel. If the motion is made by the State, the court shall
conduct a hearing to determine if the minor should be sentenced
under Chapter V of the Unified Code of Corrections. In making
its determination, the court shall consider among other
matters: (a) whether there is evidence that the offense was
committed in an aggressive and premeditated manner; (b) the age
of the minor; (c) the previous history of the minor; (d)
whether there are facilities particularly available to the
Juvenile Court or the Department of Corrections, Juvenile
Division, for the treatment and rehabilitation of the minor;
(e) whether the security of the public requires sentencing
under Chapter V of the Unified Code of Corrections; and (f)
whether the minor possessed a deadly weapon when committing the
offense. The rules of evidence shall be the same as if at
trial. If after the hearing the court finds that the minor
should be sentenced under Chapter V of the Unified Code of
Corrections, then the court shall sentence the minor
accordingly having available to it any or all dispositions so
prescribed.
    (2) (a) The definition of a delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of the offense was at least 15 years of age and who is
charged with an offense under Section 401 of the Illinois
Controlled Substances Act or an offense under the
Methamphetamine Control and Community Protection Act, while in
a school, regardless of the time of day or the time of year, or
any conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, or residential property owned, operated or managed by
a public housing agency or leased by a public housing agency as
part of a scattered site or mixed-income development, on the
real property comprising any school, regardless of the time of
day or the time of year, or residential property owned,
operated or managed by a public housing agency or leased by a
public housing agency as part of a scattered site or
mixed-income development, or on a public way within 1,000 feet
of the real property comprising any school, regardless of the
time of day or the time of year, or residential property owned,
operated or managed by a public housing agency or leased by a
public housing agency as part of a scattered site or
mixed-income development. School is defined, for the purposes
of this Section, as any public or private elementary or
secondary school, community college, college, or university.
These charges and all other charges arising out of the same
incident shall be prosecuted under the criminal laws of this
State.
    (b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (2) the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the criminal laws of this
State on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his or
her right to have the matter proceed in Juvenile Court.
    (ii) If before trial or plea an information or indictment
is filed that includes one or more charges specified in
paragraph (a) of this subsection (2) and additional charges
that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under the
criminal laws of this State.
    (c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (2),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
    (ii) If after trial or plea the court finds that the minor
committed an offense not covered by paragraph (a) of this
subsection (2), that finding shall not invalidate the verdict
or the prosecution of the minor under the criminal laws of the
State; however, unless the State requests a hearing for the
purpose of sentencing the minor under Chapter V of the Unified
Code of Corrections, the Court must proceed under Sections
5-705 and 5-710 of this Article. To request a hearing, the
State must file a written motion within 10 days following the
entry of a finding or the return of a verdict. Reasonable
notice of the motion shall be given to the minor or his or her
counsel. If the motion is made by the State, the court shall
conduct a hearing to determine if the minor should be sentenced
under Chapter V of the Unified Code of Corrections. In making
its determination, the court shall consider among other
matters: (a) whether there is evidence that the offense was
committed in an aggressive and premeditated manner; (b) the age
of the minor; (c) the previous history of the minor; (d)
whether there are facilities particularly available to the
Juvenile Court or the Department of Corrections, Juvenile
Division, for the treatment and rehabilitation of the minor;
(e) whether the security of the public requires sentencing
under Chapter V of the Unified Code of Corrections; and (f)
whether the minor possessed a deadly weapon when committing the
offense. The rules of evidence shall be the same as if at
trial. If after the hearing the court finds that the minor
should be sentenced under Chapter V of the Unified Code of
Corrections, then the court shall sentence the minor
accordingly having available to it any or all dispositions so
prescribed.
    (3) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of the offense was at least 15 years of age and who is
charged with a violation of the provisions of paragraph (1),
(3), (4), or (10) of subsection (a) of Section 24-1 of the
Criminal Code of 1961 while in school, regardless of the time
of day or the time of year, or on the real property comprising
any school, regardless of the time of day or the time of year.
School is defined, for purposes of this Section as any public
or private elementary or secondary school, community college,
college, or university. These charges and all other charges
arising out of the same incident shall be prosecuted under the
criminal laws of this State.
    (b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (3) the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the criminal laws of this
State on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his or
her right to have the matter proceed in Juvenile Court.
    (ii) If before trial or plea an information or indictment
is filed that includes one or more charges specified in
paragraph (a) of this subsection (3) and additional charges
that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under the
criminal laws of this State.
    (c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (3),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
    (ii) If after trial or plea the court finds that the minor
committed an offense not covered by paragraph (a) of this
subsection (3), that finding shall not invalidate the verdict
or the prosecution of the minor under the criminal laws of the
State; however, unless the State requests a hearing for the
purpose of sentencing the minor under Chapter V of the Unified
Code of Corrections, the Court must proceed under Sections
5-705 and 5-710 of this Article. To request a hearing, the
State must file a written motion within 10 days following the
entry of a finding or the return of a verdict. Reasonable
notice of the motion shall be given to the minor or his or her
counsel. If the motion is made by the State, the court shall
conduct a hearing to determine if the minor should be sentenced
under Chapter V of the Unified Code of Corrections. In making
its determination, the court shall consider among other
matters: (a) whether there is evidence that the offense was
committed in an aggressive and premeditated manner; (b) the age
of the minor; (c) the previous history of the minor; (d)
whether there are facilities particularly available to the
Juvenile Court or the Department of Corrections, Juvenile
Division, for the treatment and rehabilitation of the minor;
(e) whether the security of the public requires sentencing
under Chapter V of the Unified Code of Corrections; and (f)
whether the minor possessed a deadly weapon when committing the
offense. The rules of evidence shall be the same as if at
trial. If after the hearing the court finds that the minor
should be sentenced under Chapter V of the Unified Code of
Corrections, then the court shall sentence the minor
accordingly having available to it any or all dispositions so
prescribed.
    (4) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of an offense was at least 13 years of age and who is
charged with first degree murder committed during the course of
either aggravated criminal sexual assault, criminal sexual
assault, or aggravated kidnaping. However, this subsection (4)
does not include a minor charged with first degree murder based
exclusively upon the accountability provisions of the Criminal
Code of 1961.
    (b) (i) If before trial or plea an information or
indictment is filed that does not charge first degree murder
committed during the course of aggravated criminal sexual
assault, criminal sexual assault, or aggravated kidnaping, the
State's Attorney may proceed on any lesser charge or charges,
but only in Juvenile Court under the provisions of this
Article. The State's Attorney may proceed under the criminal
laws of this State on a lesser charge if before trial the minor
defendant knowingly and with advice of counsel waives, in
writing, his or her right to have the matter proceed in
Juvenile Court.
    (ii) If before trial or plea an information or indictment
is filed that includes first degree murder committed during the
course of aggravated criminal sexual assault, criminal sexual
assault, or aggravated kidnaping, and additional charges that
are not specified in paragraph (a) of this subsection, all of
the charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
    (c) (i) If after trial or plea the minor is convicted of
first degree murder committed during the course of aggravated
criminal sexual assault, criminal sexual assault, or
aggravated kidnaping, in sentencing the minor, the court shall
have available any or all dispositions prescribed for that
offense under Chapter V of the Unified Code of Corrections.
    (ii) If the minor was not yet 15 years of age at the time of
the offense, and if after trial or plea the court finds that
the minor committed an offense other than first degree murder
committed during the course of either aggravated criminal
sexual assault, criminal sexual assault, or aggravated
kidnapping, the finding shall not invalidate the verdict or the
prosecution of the minor under the criminal laws of the State;
however, unless the State requests a hearing for the purpose of
sentencing the minor under Chapter V of the Unified Code of
Corrections, the Court must proceed under Sections 5-705 and
5-710 of this Article. To request a hearing, the State must
file a written motion within 10 days following the entry of a
finding or the return of a verdict. Reasonable notice of the
motion shall be given to the minor or his or her counsel. If
the motion is made by the State, the court shall conduct a
hearing to determine whether the minor should be sentenced
under Chapter V of the Unified Code of Corrections. In making
its determination, the court shall consider among other
matters: (a) whether there is evidence that the offense was
committed in an aggressive and premeditated manner; (b) the age
of the minor; (c) the previous delinquent history of the minor;
(d) whether there are facilities particularly available to the
Juvenile Court or the Department of Corrections, Juvenile
Division, for the treatment and rehabilitation of the minor;
(e) whether the best interest of the minor and the security of
the public require sentencing under Chapter V of the Unified
Code of Corrections; and (f) whether the minor possessed a
deadly weapon when committing the offense. The rules of
evidence shall be the same as if at trial. If after the hearing
the court finds that the minor should be sentenced under
Chapter V of the Unified Code of Corrections, then the court
shall sentence the minor accordingly having available to it any
or all dispositions so prescribed.
    (5) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who is
charged with a violation of subsection (a) of Section 31-6 or
Section 32-10 of the Criminal Code of 1961 when the minor is
subject to prosecution under the criminal laws of this State as
a result of the application of the provisions of Section 5-125,
or subsection (1) or (2) of this Section. These charges and all
other charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
    (b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (5), the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the criminal laws of this
State on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his or
her right to have the matter proceed in Juvenile Court.
    (ii) If before trial or plea an information or indictment
is filed that includes one or more charges specified in
paragraph (a) of this subsection (5) and additional charges
that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under the
criminal laws of this State.
    (c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (5),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
    (ii) If after trial or plea the court finds that the minor
committed an offense not covered by paragraph (a) of this
subsection (5), the conviction shall not invalidate the verdict
or the prosecution of the minor under the criminal laws of this
State; however, unless the State requests a hearing for the
purpose of sentencing the minor under Chapter V of the Unified
Code of Corrections, the Court must proceed under Sections
5-705 and 5-710 of this Article. To request a hearing, the
State must file a written motion within 10 days following the
entry of a finding or the return of a verdict. Reasonable
notice of the motion shall be given to the minor or his or her
counsel. If the motion is made by the State, the court shall
conduct a hearing to determine if whether the minor should be
sentenced under Chapter V of the Unified Code of Corrections.
In making its determination, the court shall consider among
other matters: (a) whether there is evidence that the offense
was committed in an aggressive and premeditated manner; (b) the
age of the minor; (c) the previous delinquent history of the
minor; (d) whether there are facilities particularly available
to the Juvenile Court or the Department of Corrections,
Juvenile Division, for the treatment and rehabilitation of the
minor; (e) whether the security of the public requires
sentencing under Chapter V of the Unified Code of Corrections;
and (f) whether the minor possessed a deadly weapon when
committing the offense. The rules of evidence shall be the same
as if at trial. If after the hearing the court finds that the
minor should be sentenced under Chapter V of the Unified Code
of Corrections, then the court shall sentence the minor
accordingly having available to it any or all dispositions so
prescribed.
    (6) The definition of delinquent minor under Section 5-120
of this Article shall not apply to any minor who, pursuant to
subsection (1), (2), or (3) or Section 5-805, or 5-810, has
previously been placed under the jurisdiction of the criminal
court and has been convicted of a crime under an adult criminal
or penal statute. Such a minor shall be subject to prosecution
under the criminal laws of this State.
    (7) The procedures set out in this Article for the
investigation, arrest and prosecution of juvenile offenders
shall not apply to minors who are excluded from jurisdiction of
the Juvenile Court, except that minors under 17 years of age
shall be kept separate from confined adults.
    (8) Nothing in this Act prohibits or limits the prosecution
of any minor for an offense committed on or after his or her
17th birthday even though he or she is at the time of the
offense a ward of the court.
    (9) If an original petition for adjudication of wardship
alleges the commission by a minor 13 years of age or over of an
act that constitutes a crime under the laws of this State, the
minor, with the consent of his or her counsel, may, at any time
before commencement of the adjudicatory hearing, file with the
court a motion that criminal prosecution be ordered and that
the petition be dismissed insofar as the act or acts involved
in the criminal proceedings are concerned. If such a motion is
filed as herein provided, the court shall enter its order
accordingly.
    (10) If a minor is subject to the provisions of subsection
(2) of this Section, other than a minor charged with a Class X
felony violation of the Illinois Controlled Substances Act or
the Methamphetamine Control and Community Protection Act, any
party including the minor or the court sua sponte may, before
trial, move for a hearing for the purpose of trying and
sentencing the minor as a delinquent minor. To request a
hearing, the party must file a motion prior to trial.
Reasonable notice of the motion shall be given to all parties.
On its own motion or upon the filing of a motion by one of the
parties including the minor, the court shall conduct a hearing
to determine whether the minor should be tried and sentenced as
a delinquent minor under this Article. In making its
determination, the court shall consider among other matters:
    (a) The age of the minor;
    (b) Any previous delinquent or criminal history of the
minor;
    (c) Any previous abuse or neglect history of the minor;
    (d) Any mental health or educational history of the minor,
or both; and
    (e) Whether there is probable cause to support the charge,
whether the minor is charged through accountability, and
whether there is evidence the minor possessed a deadly weapon
or caused serious bodily harm during the offense.
    Any material that is relevant and reliable shall be
admissible at the hearing. In all cases, the judge shall enter
an order permitting prosecution under the criminal laws of
Illinois unless the judge makes a finding based on a
preponderance of the evidence that the minor would be amenable
to the care, treatment, and training programs available through
the facilities of the juvenile court based on an evaluation of
the factors listed in this subsection (10).
(Source: P.A. 91-15, eff. 1-1-00; 91-673, eff. 12-22-99; 92-16,
eff. 6-28-01; 92-665, eff. 1-1-03.)
 
    (705 ILCS 405/5-601)
    Sec. 5-601. Trial.
    (1) When a petition has been filed alleging that the minor
is a delinquent, a trial must be held within 120 days of a
written demand for such hearing made by any party, except that
when the State, without success, has exercised due diligence to
obtain evidence material to the case and there are reasonable
grounds to believe that the evidence may be obtained at a later
date, the court may, upon motion by the State, continue the
trial for not more than 30 additional days.
    (2) If a minor respondent has multiple delinquency
petitions pending against him or her in the same county and
simultaneously demands a trial upon more than one delinquency
petition pending against him or her in the same county, he or
she shall receive a trial or have a finding, after waiver of
trial, upon at least one such petition before expiration
relative to any of the pending petitions of the period
described by this Section. All remaining petitions thus pending
against the minor respondent shall be adjudicated within 160
days from the date on which a finding relative to the first
petition prosecuted is rendered under Section 5-620 of this
Article, or, if the trial upon the first petition is terminated
without a finding and there is no subsequent trial, or
adjudication after waiver of trial, on the first petition
within a reasonable time, the minor shall receive a trial upon
all of the remaining petitions within 160 days from the date on
which the trial, or finding after waiver of trial, on the first
petition is concluded. If either such period of 160 days
expires without the commencement of trial, or adjudication
after waiver of trial, of any of the remaining pending
petitions, the petition or petitions shall be dismissed and
barred for want of prosecution unless the delay is occasioned
by any of the reasons described in this Section.
    (3) When no such trial is held within the time required by
subsections (1) and (2) of this Section, the court shall, upon
motion by any party, dismiss the petition with prejudice.
    (4) Without affecting the applicability of the tolling and
multiple prosecution provisions of subsections (8) and (2) of
this Section when a petition has been filed alleging that the
minor is a delinquent and the minor is in detention or shelter
care, the trial shall be held within 30 calendar days after the
date of the order directing detention or shelter care, or the
earliest possible date in compliance with the provisions of
Section 5-525 as to the custodial parent, guardian or legal
custodian, but no later than 45 calendar days from the date of
the order of the court directing detention or shelter care.
When the petition alleges the minor has committed an offense
involving a controlled substance as defined in the Illinois
Controlled Substances Act or methamphetamine as defined in the
Methamphetamine Control and Community Protection Act, the
court may, upon motion of the State, continue the trial for
receipt of a confirmatory laboratory report for up to 45 days
after the date of the order directing detention or shelter
care. When the petition alleges the minor committed an offense
that involves the death of, great bodily harm to or sexual
assault or aggravated criminal sexual abuse on a victim, the
court may, upon motion of the State, continue the trial for not
more than 70 calendar days after the date of the order
directing detention or shelter care.
    Any failure to comply with the time limits of this Section
shall require the immediate release of the minor from
detention, and the time limits set forth in subsections (1) and
(2) shall apply.
    (5) If the court determines that the State, without
success, has exercised due diligence to obtain the results of
DNA testing that is material to the case, and that there are
reasonable grounds to believe that the results may be obtained
at a later date, the court may continue the cause on
application of the State for not more than 120 additional days.
The court may also extend the period of detention of the minor
for not more than 120 additional days.
    (6) If the State's Attorney makes a written request that a
proceeding be designated an extended juvenile jurisdiction
prosecution, and the minor is in detention, the period the
minor can be held in detention pursuant to subsection (4),
shall be extended an additional 30 days after the court
determines whether the proceeding will be designated an
extended juvenile jurisdiction prosecution or the State's
Attorney withdraws the request for extended juvenile
jurisdiction prosecution.
    (7) When the State's Attorney files a motion for waiver of
jurisdiction pursuant to Section 5-805, and the minor is in
detention, the period the minor can be held in detention
pursuant to subsection (4), shall be extended an additional 30
days if the court denies motion for waiver of jurisdiction or
the State's Attorney withdraws the motion for waiver of
jurisdiction.
    (8) The period in which a trial shall be held as prescribed
by subsections (1), (2), (3), (4), (5), (6), or (7) of this
Section is tolled by: (i) delay occasioned by the minor; (ii) a
continuance allowed pursuant to Section 114-4 of the Code of
Criminal Procedure of 1963 after the court's determination of
the minor's incapacity for trial; (iii) an interlocutory
appeal; (iv) an examination of fitness ordered pursuant to
Section 104-13 of the Code of Criminal Procedure of 1963; (v) a
fitness hearing; or (vi) an adjudication of unfitness for
trial. Any such delay shall temporarily suspend, for the time
of the delay, the period within which a trial must be held as
prescribed by subsections (1), (2), (4), (5), and (6) of this
Section. On the day of expiration of the delays the period
shall continue at the point at which the time was suspended.
    (9) Nothing in this Section prevents the minor or the
minor's parents, guardian or legal custodian from exercising
their respective rights to waive the time limits set forth in
this Section.
(Source: P.A. 90-590, eff. 1-1-99.)
 
    (705 ILCS 405/5-615)
    Sec. 5-615. Continuance under supervision.
    (1) The court may enter an order of continuance under
supervision for an offense other than first degree murder, a
Class X felony or a forcible felony (a) upon an admission or
stipulation by the appropriate respondent or minor respondent
of the facts supporting the petition and before proceeding to
adjudication, or after hearing the evidence at the trial, and
(b) in the absence of objection made in open court by the
minor, his or her parent, guardian, or legal custodian, the
minor's attorney or the State's Attorney.
    (2) If the minor, his or her parent, guardian, or legal
custodian, the minor's attorney or State's Attorney objects in
open court to any continuance and insists upon proceeding to
findings and adjudication, the court shall so proceed.
    (3) Nothing in this Section limits the power of the court
to order a continuance of the hearing for the production of
additional evidence or for any other proper reason.
    (4) When a hearing where a minor is alleged to be a
delinquent is continued pursuant to this Section, the period of
continuance under supervision may not exceed 24 months. The
court may terminate a continuance under supervision at any time
if warranted by the conduct of the minor and the ends of
justice.
    (5) When a hearing where a minor is alleged to be
delinquent is continued pursuant to this Section, the court
may, as conditions of the continuance under supervision,
require the minor to do any of the following:
        (a) not violate any criminal statute of any
    jurisdiction;
        (b) make a report to and appear in person before any
    person or agency as directed by the court;
        (c) work or pursue a course of study or vocational
    training;
        (d) undergo medical or psychotherapeutic treatment
    rendered by a therapist licensed under the provisions of
    the Medical Practice Act of 1987, the Clinical Psychologist
    Licensing Act, or the Clinical Social Work and Social Work
    Practice Act, or an entity licensed by the Department of
    Human Services as a successor to the Department of
    Alcoholism and Substance Abuse, for the provision of drug
    addiction and alcoholism treatment;
        (e) attend or reside in a facility established for the
    instruction or residence of persons on probation;
        (f) support his or her dependents, if any;
        (g) pay costs;
        (h) refrain from possessing a firearm or other
    dangerous weapon, or an automobile;
        (i) permit the probation officer to visit him or her at
    his or her home or elsewhere;
        (j) reside with his or her parents or in a foster home;
        (k) attend school;
        (k-5) with the consent of the superintendent of the
    facility, attend an educational program at a facility other
    than the school in which the offense was committed if he or
    she committed a crime of violence as defined in Section 2
    of the Crime Victims Compensation Act in a school, on the
    real property comprising a school, or within 1,000 feet of
    the real property comprising a school;
        (l) attend a non-residential program for youth;
        (m) contribute to his or her own support at home or in
    a foster home;
        (n) perform some reasonable public or community
    service;
        (o) make restitution to the victim, in the same manner
    and under the same conditions as provided in subsection (4)
    of Section 5-710, except that the "sentencing hearing"
    referred to in that Section shall be the adjudicatory
    hearing for purposes of this Section;
        (p) comply with curfew requirements as designated by
    the court;
        (q) refrain from entering into a designated geographic
    area except upon terms as the court finds appropriate. The
    terms may include consideration of the purpose of the
    entry, the time of day, other persons accompanying the
    minor, and advance approval by a probation officer;
        (r) refrain from having any contact, directly or
    indirectly, with certain specified persons or particular
    types of persons, including but not limited to members of
    street gangs and drug users or dealers;
        (r-5) undergo a medical or other procedure to have a
    tattoo symbolizing allegiance to a street gang removed from
    his or her body;
        (s) refrain from having in his or her body the presence
    of any illicit drug prohibited by the Cannabis Control Act,
    or the Illinois Controlled Substances Act, or the
    Methamphetamine Control and Community Protection Act,
    unless prescribed by a physician, and submit samples of his
    or her blood or urine or both for tests to determine the
    presence of any illicit drug; or
        (t) comply with any other conditions as may be ordered
    by the court.
    (6) A minor whose case is continued under supervision under
subsection (5) shall be given a certificate setting forth the
conditions imposed by the court. Those conditions may be
reduced, enlarged, or modified by the court on motion of the
probation officer or on its own motion, or that of the State's
Attorney, or, at the request of the minor after notice and
hearing.
    (7) If a petition is filed charging a violation of a
condition of the continuance under supervision, the court shall
conduct a hearing. If the court finds that a condition of
supervision has not been fulfilled, the court may proceed to
findings and adjudication and disposition. The filing of a
petition for violation of a condition of the continuance under
supervision shall toll the period of continuance under
supervision until the final determination of the charge, and
the term of the continuance under supervision shall not run
until the hearing and disposition of the petition for
violation; provided where the petition alleges conduct that
does not constitute a criminal offense, the hearing must be
held within 30 days of the filing of the petition unless a
delay shall continue the tolling of the period of continuance
under supervision for the period of the delay.
    (8) When a hearing in which a minor is alleged to be a
delinquent for reasons that include a violation of Section
21-1.3 of the Criminal Code of 1961 is continued under this
Section, the court shall, as a condition of the continuance
under supervision, require the minor to perform community
service for not less than 30 and not more than 120 hours, if
community service is available in the jurisdiction. The
community service shall include, but need not be limited to,
the cleanup and repair of the damage that was caused by the
alleged violation or similar damage to property located in the
municipality or county in which the alleged violation occurred.
The condition may be in addition to any other condition.
    (8.5) When a hearing in which a minor is alleged to be a
delinquent for reasons that include a violation of Section 3.02
or Section 3.03 of the Humane Care for Animals Act or paragraph
(d) of subsection (1) of Section 21-1 of the Criminal Code of
1961 is continued under this Section, the court shall, as a
condition of the continuance under supervision, require the
minor to undergo medical or psychiatric treatment rendered by a
psychiatrist or psychological treatment rendered by a clinical
psychologist. The condition may be in addition to any other
condition.
    (9) When a hearing in which a minor is alleged to be a
delinquent is continued under this Section, the court, before
continuing the case, shall make a finding whether the offense
alleged to have been committed either: (i) was related to or in
furtherance of the activities of an organized gang or was
motivated by the minor's membership in or allegiance to an
organized gang, or (ii) is a violation of paragraph (13) of
subsection (a) of Section 12-2 of the Criminal Code of 1961, a
violation of any Section of Article 24 of the Criminal Code of
1961, or a violation of any statute that involved the unlawful
use of a firearm. If the court determines the question in the
affirmative the court shall, as a condition of the continuance
under supervision and as part of or in addition to any other
condition of the supervision, require the minor to perform
community service for not less than 30 hours, provided that
community service is available in the jurisdiction and is
funded and approved by the county board of the county where the
offense was committed. The community service shall include, but
need not be limited to, the cleanup and repair of any damage
caused by an alleged violation of Section 21-1.3 of the
Criminal Code of 1961 and similar damage to property located in
the municipality or county in which the alleged violation
occurred. When possible and reasonable, the community service
shall be performed in the minor's neighborhood. For the
purposes of this Section, "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
    (10) The court shall impose upon a minor placed on
supervision, as a condition of the supervision, a fee of $25
for each month of supervision ordered by the court, unless
after determining the inability of the minor placed on
supervision to pay the fee, the court assesses a lesser amount.
The court may not impose the fee on a minor who is made a ward
of the State under this Act while the minor is in placement.
The fee shall be imposed only upon a minor who is actively
supervised by the probation and court services department. A
court may order the parent, guardian, or legal custodian of the
minor to pay some or all of the fee on the minor's behalf.
(Source: P.A. 91-98; eff. 1-1-00; 91-332, eff. 7-29-99; 92-16,
eff. 6-28-01; 92-282, eff. 8-7-01; 92-454, eff. 1-1-02; 92-651,
eff. 7-11-02.)
 
    (705 ILCS 405/5-710)
    Sec. 5-710. Kinds of sentencing orders.
    (1) The following kinds of sentencing orders may be made in
respect of wards of the court:
        (a) Except as provided in Sections 5-805, 5-810, 5-815,
    a minor who is found guilty under Section 5-620 may be:
            (i) put on probation or conditional discharge and
        released to his or her parents, guardian or legal
        custodian, provided, however, that any such minor who
        is not committed to the Department of Corrections,
        Juvenile Division under this subsection and who is
        found to be a delinquent for an offense which is first
        degree murder, a Class X felony, or a forcible felony
        shall be placed on probation;
            (ii) placed in accordance with Section 5-740, with
        or without also being put on probation or conditional
        discharge;
            (iii) required to undergo a substance abuse
        assessment conducted by a licensed provider and
        participate in the indicated clinical level of care;
            (iv) placed in the guardianship of the Department
        of Children and Family Services, but only if the
        delinquent minor is under 13 years of age;
            (v) placed in detention for a period not to exceed
        30 days, either as the exclusive order of disposition
        or, where appropriate, in conjunction with any other
        order of disposition issued under this paragraph,
        provided that any such detention shall be in a juvenile
        detention home and the minor so detained shall be 10
        years of age or older. However, the 30-day limitation
        may be extended by further order of the court for a
        minor under age 13 committed to the Department of
        Children and Family Services if the court finds that
        the minor is a danger to himself or others. The minor
        shall be given credit on the sentencing order of
        detention for time spent in detention under Sections
        5-501, 5-601, 5-710, or 5-720 of this Article as a
        result of the offense for which the sentencing order
        was imposed. The court may grant credit on a sentencing
        order of detention entered under a violation of
        probation or violation of conditional discharge under
        Section 5-720 of this Article for time spent in
        detention before the filing of the petition alleging
        the violation. A minor shall not be deprived of credit
        for time spent in detention before the filing of a
        violation of probation or conditional discharge
        alleging the same or related act or acts;
            (vi) ordered partially or completely emancipated
        in accordance with the provisions of the Emancipation
        of Mature Minors Act;
            (vii) subject to having his or her driver's license
        or driving privileges suspended for such time as
        determined by the court but only until he or she
        attains 18 years of age;
            (viii) put on probation or conditional discharge
        and placed in detention under Section 3-6039 of the
        Counties Code for a period not to exceed the period of
        incarceration permitted by law for adults found guilty
        of the same offense or offenses for which the minor was
        adjudicated delinquent, and in any event no longer than
        upon attainment of age 21; this subdivision (viii)
        notwithstanding any contrary provision of the law; or
            (ix) ordered to undergo a medical or other
        procedure to have a tattoo symbolizing allegiance to a
        street gang removed from his or her body.
        (b) A minor found to be guilty may be committed to the
    Department of Corrections, Juvenile Division, under
    Section 5-750 if the minor is 13 years of age or older,
    provided that the commitment to the Department of
    Corrections, Juvenile Division, shall be made only if a
    term of incarceration is permitted by law for adults found
    guilty of the offense for which the minor was adjudicated
    delinquent. The time during which a minor is in custody
    before being released upon the request of a parent,
    guardian or legal custodian shall be considered as time
    spent in detention.
        (c) When a minor is found to be guilty for an offense
    which is a violation of the Illinois Controlled Substances
    Act, or the Cannabis Control Act, or the Methamphetamine
    Control and Community Protection Act and made a ward of the
    court, the court may enter a disposition order requiring
    the minor to undergo assessment, counseling or treatment in
    a substance abuse program approved by the Department of
    Human Services.
    (2) Any sentencing order other than commitment to the
Department of Corrections, Juvenile Division, may provide for
protective supervision under Section 5-725 and may include an
order of protection under Section 5-730.
    (3) Unless the sentencing order expressly so provides, it
does not operate to close proceedings on the pending petition,
but is subject to modification until final closing and
discharge of the proceedings under Section 5-750.
    (4) In addition to any other sentence, the court may order
any minor found to be delinquent to make restitution, in
monetary or non-monetary form, under the terms and conditions
of Section 5-5-6 of the Unified Code of Corrections, except
that the "presentencing hearing" referred to in that Section
shall be the sentencing hearing for purposes of this Section.
The parent, guardian or legal custodian of the minor may be
ordered by the court to pay some or all of the restitution on
the minor's behalf, pursuant to the Parental Responsibility
Law. The State's Attorney is authorized to act on behalf of any
victim in seeking restitution in proceedings under this
Section, up to the maximum amount allowed in Section 5 of the
Parental Responsibility Law.
    (5) Any sentencing order where the minor is committed or
placed in accordance with Section 5-740 shall provide for the
parents or guardian of the estate of the minor to pay to the
legal custodian or guardian of the person of the minor such
sums as are determined by the custodian or guardian of the
person of the minor as necessary for the minor's needs. The
payments may not exceed the maximum amounts provided for by
Section 9.1 of the Children and Family Services Act.
    (6) Whenever the sentencing order requires the minor to
attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code.
    (7) In no event shall a guilty minor be committed to the
Department of Corrections, Juvenile Division for a period of
time in excess of that period for which an adult could be
committed for the same act.
    (8) A minor found to be guilty for reasons that include a
violation of Section 21-1.3 of the Criminal Code of 1961 shall
be ordered to perform community service for not less than 30
and not more than 120 hours, if community service is available
in the jurisdiction. The community service shall include, but
need not be limited to, the cleanup and repair of the damage
that was caused by the violation or similar damage to property
located in the municipality or county in which the violation
occurred. The order may be in addition to any other order
authorized by this Section.
    (8.5) A minor found to be guilty for reasons that include a
violation of Section 3.02 or Section 3.03 of the Humane Care
for Animals Act or paragraph (d) of subsection (1) of Section
21-1 of the Criminal Code of 1961 shall be ordered to undergo
medical or psychiatric treatment rendered by a psychiatrist or
psychological treatment rendered by a clinical psychologist.
The order may be in addition to any other order authorized by
this Section.
    (9) In addition to any other sentencing order, the court
shall order any minor found to be guilty for an act which would
constitute, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal sexual assault,
aggravated criminal sexual abuse, or criminal sexual abuse if
committed by an adult to undergo medical testing to determine
whether the defendant has any sexually transmissible disease
including a test for infection with human immunodeficiency
virus (HIV) or any other identified causative agency of
acquired immunodeficiency syndrome (AIDS). Any medical test
shall be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily fluids
as well as an examination of the minor's person. Except as
otherwise provided by law, the results of the test shall be
kept strictly confidential by all medical personnel involved in
the testing and must be personally delivered in a sealed
envelope to the judge of the court in which the sentencing
order was entered for the judge's inspection in camera. Acting
in accordance with the best interests of the victim and the
public, the judge shall have the discretion to determine to
whom the results of the testing may be revealed. The court
shall notify the minor of the results of the test for infection
with the human immunodeficiency virus (HIV). The court shall
also notify the victim if requested by the victim, and if the
victim is under the age of 15 and if requested by the victim's
parents or legal guardian, the court shall notify the victim's
parents or the legal guardian, of the results of the test for
infection with the human immunodeficiency virus (HIV). The
court shall provide information on the availability of HIV
testing and counseling at the Department of Public Health
facilities to all parties to whom the results of the testing
are revealed. The court shall order that the cost of any test
shall be paid by the county and may be taxed as costs against
the minor.
    (10) When a court finds a minor to be guilty the court
shall, before entering a sentencing order under this Section,
make a finding whether the offense committed either: (a) was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the minor's membership in or
allegiance to an organized gang, or (b) involved a violation of
subsection (a) of Section 12-7.1 of the Criminal Code of 1961,
a violation of any Section of Article 24 of the Criminal Code
of 1961, or a violation of any statute that involved the
wrongful use of a firearm. If the court determines the question
in the affirmative, and the court does not commit the minor to
the Department of Corrections, Juvenile Division, the court
shall order the minor to perform community service for not less
than 30 hours nor more than 120 hours, provided that community
service is available in the jurisdiction and is funded and
approved by the county board of the county where the offense
was committed. The community service shall include, but need
not be limited to, the cleanup and repair of any damage caused
by a violation of Section 21-1.3 of the Criminal Code of 1961
and similar damage to property located in the municipality or
county in which the violation occurred. When possible and
reasonable, the community service shall be performed in the
minor's neighborhood. This order shall be in addition to any
other order authorized by this Section except for an order to
place the minor in the custody of the Department of
Corrections, Juvenile Division. For the purposes of this
Section, "organized gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(Source: P.A. 91-98, eff. 1-1-00; 92-454, eff. 1-1-02; revised
10-9-03.)
 
    (705 ILCS 405/5-715)
    Sec. 5-715. Probation.
    (1) The period of probation or conditional discharge shall
not exceed 5 years or until the minor has attained the age of
21 years, whichever is less, except as provided in this Section
for a minor who is found to be guilty for an offense which is
first degree murder, a Class X felony or a forcible felony. The
juvenile court may terminate probation or conditional
discharge and discharge the minor at any time if warranted by
the conduct of the minor and the ends of justice; provided,
however, that the period of probation for a minor who is found
to be guilty for an offense which is first degree murder, a
Class X felony, or a forcible felony shall be at least 5 years.
    (2) The court may as a condition of probation or of
conditional discharge require that the minor:
        (a) not violate any criminal statute of any
    jurisdiction;
        (b) make a report to and appear in person before any
    person or agency as directed by the court;
        (c) work or pursue a course of study or vocational
    training;
        (d) undergo medical or psychiatric treatment, rendered
    by a psychiatrist or psychological treatment rendered by a
    clinical psychologist or social work services rendered by a
    clinical social worker, or treatment for drug addiction or
    alcoholism;
        (e) attend or reside in a facility established for the
    instruction or residence of persons on probation;
        (f) support his or her dependents, if any;
        (g) refrain from possessing a firearm or other
    dangerous weapon, or an automobile;
        (h) permit the probation officer to visit him or her at
    his or her home or elsewhere;
        (i) reside with his or her parents or in a foster home;
        (j) attend school;
        (j-5) with the consent of the superintendent of the
    facility, attend an educational program at a facility other
    than the school in which the offense was committed if he or
    she committed a crime of violence as defined in Section 2
    of the Crime Victims Compensation Act in a school, on the
    real property comprising a school, or within 1,000 feet of
    the real property comprising a school;
        (k) attend a non-residential program for youth;
        (l) make restitution under the terms of subsection (4)
    of Section 5-710;
        (m) contribute to his or her own support at home or in
    a foster home;
        (n) perform some reasonable public or community
    service;
        (o) participate with community corrections programs
    including unified delinquency intervention services
    administered by the Department of Human Services subject to
    Section 5 of the Children and Family Services Act;
        (p) pay costs;
        (q) serve a term of home confinement. In addition to
    any other applicable condition of probation or conditional
    discharge, the conditions of home confinement shall be that
    the minor:
            (i) remain within the interior premises of the
        place designated for his or her confinement during the
        hours designated by the court;
            (ii) admit any person or agent designated by the
        court into the minor's place of confinement at any time
        for purposes of verifying the minor's compliance with
        the conditions of his or her confinement; and
            (iii) use an approved electronic monitoring device
        if ordered by the court subject to Article 8A of
        Chapter V of the Unified Code of Corrections;
        (r) refrain from entering into a designated geographic
    area except upon terms as the court finds appropriate. The
    terms may include consideration of the purpose of the
    entry, the time of day, other persons accompanying the
    minor, and advance approval by a probation officer, if the
    minor has been placed on probation, or advance approval by
    the court, if the minor has been placed on conditional
    discharge;
        (s) refrain from having any contact, directly or
    indirectly, with certain specified persons or particular
    types of persons, including but not limited to members of
    street gangs and drug users or dealers;
        (s-5) undergo a medical or other procedure to have a
    tattoo symbolizing allegiance to a street gang removed from
    his or her body;
        (t) refrain from having in his or her body the presence
    of any illicit drug prohibited by the Cannabis Control Act,
    or the Illinois Controlled Substances Act, or the
    Methamphetamine Control and Community Protection Act,
    unless prescribed by a physician, and shall submit samples
    of his or her blood or urine or both for tests to determine
    the presence of any illicit drug; or
        (u) comply with other conditions as may be ordered by
    the court.
    (3) The court may as a condition of probation or of
conditional discharge require that a minor found guilty on any
alcohol, cannabis, methamphetamine, or controlled substance
violation, refrain from acquiring a driver's license during the
period of probation or conditional discharge. If the minor is
in possession of a permit or license, the court may require
that the minor refrain from driving or operating any motor
vehicle during the period of probation or conditional
discharge, except as may be necessary in the course of the
minor's lawful employment.
    (3.5) The court shall, as a condition of probation or of
conditional discharge, require that a minor found to be guilty
and placed on probation for reasons that include a violation of
Section 3.02 or Section 3.03 of the Humane Care for Animals Act
or paragraph (d) of subsection (1) of Section 21-1 of the
Criminal Code of 1961 undergo medical or psychiatric treatment
rendered by a psychiatrist or psychological treatment rendered
by a clinical psychologist. The condition may be in addition to
any other condition.
    (3.10) The court shall order that a minor placed on
probation or conditional discharge for a sex offense as defined
in the Sex Offender Management Board Act undergo and
successfully complete sex offender treatment. The treatment
shall be in conformance with the standards developed under the
Sex Offender Management Board Act and conducted by a treatment
provider approved by the Board. The treatment shall be at the
expense of the person evaluated based upon that person's
ability to pay for the treatment.
    (4) A minor on probation or conditional discharge shall be
given a certificate setting forth the conditions upon which he
or she is being released.
    (5) The court shall impose upon a minor placed on probation
or conditional discharge, as a condition of the probation or
conditional discharge, a fee of $25 for each month of probation
or conditional discharge supervision ordered by the court,
unless after determining the inability of the minor placed on
probation or conditional discharge to pay the fee, the court
assesses a lesser amount. The court may not impose the fee on a
minor who is made a ward of the State under this Act while the
minor is in placement. The fee shall be imposed only upon a
minor who is actively supervised by the probation and court
services department. The court may order the parent, guardian,
or legal custodian of the minor to pay some or all of the fee on
the minor's behalf.
    (6) The General Assembly finds that in order to protect the
public, the juvenile justice system must compel compliance with
the conditions of probation by responding to violations with
swift, certain, and fair punishments and intermediate
sanctions. The Chief Judge of each circuit shall adopt a system
of structured, intermediate sanctions for violations of the
terms and conditions of a sentence of supervision, probation or
conditional discharge, under this Act.
    The court shall provide as a condition of a disposition of
probation, conditional discharge, or supervision, that the
probation agency may invoke any sanction from the list of
intermediate sanctions adopted by the chief judge of the
circuit court for violations of the terms and conditions of the
sentence of probation, conditional discharge, or supervision,
subject to the provisions of Section 5-720 of this Act.
(Source: P.A. 92-282, eff. 8-7-01; 92-454, eff. 1-1-02; 92-651,
eff. 7-11-02; 93-616, eff. 1-1-04.)
 
    (705 ILCS 405/5-805)
    Sec. 5-805. Transfer of jurisdiction.
    (1) Mandatory transfers.
        (a) If a petition alleges commission by a minor 15
    years of age or older of an act that constitutes a forcible
    felony under the laws of this State, and if a motion by the
    State's Attorney to prosecute the minor under the criminal
    laws of Illinois for the alleged forcible felony alleges
    that (i) the minor has previously been adjudicated
    delinquent or found guilty for commission of an act that
    constitutes a felony under the laws of this State or any
    other state and (ii) the act that constitutes the offense
    was committed in furtherance of criminal activity by an
    organized gang, the Juvenile Judge assigned to hear and
    determine those motions shall, upon determining that there
    is probable cause that both allegations are true, enter an
    order permitting prosecution under the criminal laws of
    Illinois.
        (b) If a petition alleges commission by a minor 15
    years of age or older of an act that constitutes a felony
    under the laws of this State, and if a motion by a State's
    Attorney to prosecute the minor under the criminal laws of
    Illinois for the alleged felony alleges that (i) the minor
    has previously been adjudicated delinquent or found guilty
    for commission of an act that constitutes a forcible felony
    under the laws of this State or any other state and (ii)
    the act that constitutes the offense was committed in
    furtherance of criminal activities by an organized gang,
    the Juvenile Judge assigned to hear and determine those
    motions shall, upon determining that there is probable
    cause that both allegations are true, enter an order
    permitting prosecution under the criminal laws of
    Illinois.
        (c) If a petition alleges commission by a minor 15
    years of age or older of: (i) an act that constitutes an
    offense enumerated in the presumptive transfer provisions
    of subsection (2); and (ii) the minor has previously been
    adjudicated delinquent or found guilty of a forcible
    felony, the Juvenile Judge designated to hear and determine
    those motions shall, upon determining that there is
    probable cause that both allegations are true, enter an
    order permitting prosecution under the criminal laws of
    Illinois.
        (d) If a petition alleges commission by a minor 15
    years of age or older of an act that constitutes the
    offense of aggravated discharge of a firearm committed in a
    school, on the real property comprising a school, within
    1,000 feet of the real property comprising a school, at a
    school related activity, or on, boarding, or departing from
    any conveyance owned, leased, or contracted by a school or
    school district to transport students to or from school or
    a school related activity, regardless of the time of day or
    the time of year, the juvenile judge designated to hear and
    determine those motions shall, upon determining that there
    is probable cause that the allegations are true, enter an
    order permitting prosecution under the criminal laws of
    Illinois.
        For purposes of this paragraph (d) of subsection (1):
        "School" means a public or private elementary or
    secondary school, community college, college, or
    university.
        "School related activity" means any sporting, social,
    academic, or other activity for which students' attendance
    or participation is sponsored, organized, or funded in
    whole or in part by a school or school district.
    (2) Presumptive transfer.
        (a) If the State's Attorney files a petition, at any
    time prior to commencement of the minor's trial, to permit
    prosecution under the criminal laws and the petition
    alleges the commission by a minor 15 years of age or older
    of: (i) a Class X felony other than armed violence; (ii)
    aggravated discharge of a firearm; (iii) armed violence
    with a firearm when the predicate offense is a Class 1 or
    Class 2 felony and the State's Attorney's motion to
    transfer the case alleges that the offense committed is in
    furtherance of the criminal activities of an organized
    gang; (iv) armed violence with a firearm when the predicate
    offense is a violation of the Illinois Controlled
    Substances Act, or a violation of the Cannabis Control Act,
    or a violation of the Methamphetamine Control and Community
    Protection Act; (v) armed violence when the weapon involved
    was a machine gun or other weapon described in subsection
    (a)(7) of Section 24-1 of the Criminal Code of 1961, and,
    if the juvenile judge assigned to hear and determine
    motions to transfer a case for prosecution in the criminal
    court determines that there is probable cause to believe
    that the allegations in the petition and motion are true,
    there is a rebuttable presumption that the minor is not a
    fit and proper subject to be dealt with under the Juvenile
    Justice Reform Provisions of 1998 (Public Act 90-590), and
    that, except as provided in paragraph (b), the case should
    be transferred to the criminal court.
        (b) The judge shall enter an order permitting
    prosecution under the criminal laws of Illinois unless the
    judge makes a finding based on clear and convincing
    evidence that the minor would be amenable to the care,
    treatment, and training programs available through the
    facilities of the juvenile court based on an evaluation of
    the following:
        (i) The seriousness of the alleged offense;
        (ii) The minor's history of delinquency;
        (iii) The age of the minor;
        (iv) The culpability of the minor in committing the
    alleged offense;
        (v) Whether the offense was committed in an aggressive
    or premeditated manner;
        (vi) Whether the minor used or possessed a deadly
    weapon when committing the alleged offense;
        (vii) The minor's history of services, including the
    minor's willingness to participate meaningfully in
    available services;
        (viii) Whether there is a reasonable likelihood that
    the minor can be rehabilitated before the expiration of the
    juvenile court's jurisdiction;
        (ix) The adequacy of the punishment or services
    available in the juvenile justice system.
    In considering these factors, the court shall give greater
weight to the seriousness of the alleged offense and the
minor's prior record of delinquency than to the other factors
listed in this subsection.
    (3) Discretionary transfer.
        (a) If a petition alleges commission by a minor 13
    years of age or over of an act that constitutes a crime
    under the laws of this State and, on motion of the State's
    Attorney to permit prosecution of the minor under the
    criminal laws, a Juvenile Judge assigned by the Chief Judge
    of the Circuit to hear and determine those motions, after
    hearing but before commencement of the trial, finds that
    there is probable cause to believe that the allegations in
    the motion are true and that it is not in the best
    interests of the public to proceed under this Act, the
    court may enter an order permitting prosecution under the
    criminal laws.
        (b) In making its determination on the motion to permit
    prosecution under the criminal laws, the court shall
    consider among other matters:
        (i) The seriousness of the alleged offense;
        (ii) The minor's history of delinquency;
        (iii) The age of the minor;
        (iv) The culpability of the minor in committing the
    alleged offense;
        (v) Whether the offense was committed in an aggressive
    or premeditated manner;
        (vi) Whether the minor used or possessed a deadly
    weapon when committing the alleged offense;
        (vii) The minor's history of services, including the
    minor's willingness to participate meaningfully in
    available services;
        (viii) The adequacy of the punishment or services
    available in the juvenile justice system.
    In considering these factors, the court shall give greater
weight to the seriousness of the alleged offense and the
minor's prior record of delinquency than to the other factors
listed in this subsection.
    (4) The rules of evidence for this hearing shall be the
same as under Section 5-705 of this Act. A minor must be
represented in court by counsel before the hearing may be
commenced.
    (5) If criminal proceedings are instituted, the petition
for adjudication of wardship shall be dismissed insofar as the
act or acts involved in the criminal proceedings. Taking of
evidence in a trial on petition for adjudication of wardship is
a bar to criminal proceedings based upon the conduct alleged in
the petition.
(Source: P.A. 90-590, eff. 1-1-99; 91-15, eff. 1-1-00; 91-357,
eff. 7-29-99.)
 
    (705 ILCS 405/5-901)
    Sec. 5-901. Court file.
    (1) The Court file with respect to proceedings under this
Article shall consist of the petitions, pleadings, victim
impact statements, process, service of process, orders, writs
and docket entries reflecting hearings held and judgments and
decrees entered by the court. The court file shall be kept
separate from other records of the court.
        (a) The file, including information identifying the
    victim or alleged victim of any sex offense, shall be
    disclosed only to the following parties when necessary for
    discharge of their official duties:
            (i) A judge of the circuit court and members of the
        staff of the court designated by the judge;
            (ii) Parties to the proceedings and their
        attorneys;
            (iii) Victims and their attorneys, except in cases
        of multiple victims of sex offenses in which case the
        information identifying the nonrequesting victims
        shall be redacted;
            (iv) Probation officers, law enforcement officers
        or prosecutors or their staff;
            (v) Adult and juvenile Prisoner Review Boards.
        (b) The Court file redacted to remove any information
    identifying the victim or alleged victim of any sex offense
    shall be disclosed only to the following parties when
    necessary for discharge of their official duties:
            (i) Authorized military personnel;
            (ii) Persons engaged in bona fide research, with
        the permission of the judge of the juvenile court and
        the chief executive of the agency that prepared the
        particular recording: provided that publication of
        such research results in no disclosure of a minor's
        identity and protects the confidentiality of the
        record;
            (iii) The Secretary of State to whom the Clerk of
        the Court shall report the disposition of all cases, as
        required in Section 6-204 or Section 6-205.1 of the
        Illinois Vehicle Code. However, information reported
        relative to these offenses shall be privileged and
        available only to the Secretary of State, courts, and
        police officers;
            (iv) The administrator of a bonafide substance
        abuse student assistance program with the permission
        of the presiding judge of the juvenile court;
            (v) Any individual, or any public or private agency
        or institution, having custody of the juvenile under
        court order or providing educational, medical or
        mental health services to the juvenile or a
        court-approved advocate for the juvenile or any
        placement provider or potential placement provider as
        determined by the court.
    (3) A minor who is the victim or alleged victim in a
juvenile proceeding shall be provided the same confidentiality
regarding disclosure of identity as the minor who is the
subject of record. Information identifying victims and alleged
victims of sex offenses, shall not be disclosed or open to
public inspection under any circumstances. Nothing in this
Section shall prohibit the victim or alleged victim of any sex
offense from voluntarily disclosing his or her identity.
    (4) Relevant information, reports and records shall be made
available to the Department of Corrections when a juvenile
offender has been placed in the custody of the Department of
Corrections, Juvenile Division.
    (5) Except as otherwise provided in this subsection (5),
juvenile court records shall not be made available to the
general public but may be inspected by representatives of
agencies, associations and news media or other properly
interested persons by general or special order of the court.
The State's Attorney, the minor, his or her parents, guardian
and counsel shall at all times have the right to examine court
files and records.
        (a) The court shall allow the general public to have
    access to the name, address, and offense of a minor who is
    adjudicated a delinquent minor under this Act under either
    of the following circumstances:
            (i) The adjudication of delinquency was based upon
        the minor's commission of first degree murder, attempt
        to commit first degree murder, aggravated criminal
        sexual assault, or criminal sexual assault; or
            (ii) The court has made a finding that the minor
        was at least 13 years of age at the time the act was
        committed and the adjudication of delinquency was
        based upon the minor's commission of: (A) an act in
        furtherance of the commission of a felony as a member
        of or on behalf of a criminal street gang, (B) an act
        involving the use of a firearm in the commission of a
        felony, (C) an act that would be a Class X felony
        offense under or the minor's second or subsequent Class
        2 or greater felony offense under the Cannabis Control
        Act if committed by an adult, (D) an act that would be
        a second or subsequent offense under Section 402 of the
        Illinois Controlled Substances Act if committed by an
        adult, or (E) an act that would be an offense under
        Section 401 of the Illinois Controlled Substances Act
        if committed by an adult, or (F) an act that would be
        an offense under the Methamphetamine Control and
        Community Protection Act if committed by an adult.
        (b) The court shall allow the general public to have
    access to the name, address, and offense of a minor who is
    at least 13 years of age at the time the offense is
    committed and who is convicted, in criminal proceedings
    permitted or required under Section 5-805, under either of
    the following circumstances:
            (i) The minor has been convicted of first degree
        murder, attempt to commit first degree murder,
        aggravated criminal sexual assault, or criminal sexual
        assault,
            (ii) The court has made a finding that the minor
        was at least 13 years of age at the time the offense
        was committed and the conviction was based upon the
        minor's commission of: (A) an offense in furtherance of
        the commission of a felony as a member of or on behalf
        of a criminal street gang, (B) an offense involving the
        use of a firearm in the commission of a felony, (C) a
        Class X felony offense under the Cannabis Control Act
        or a second or subsequent Class 2 or greater felony
        offense under the Cannabis Control Act, (D) a second or
        subsequent offense under Section 402 of the Illinois
        Controlled Substances Act, or (E) an offense under
        Section 401 of the Illinois Controlled Substances Act,
        or (F) an offense under the Methamphetamine Control and
        Community Protection Act.
    (6) Nothing in this Section shall be construed to limit the
use of a adjudication of delinquency as evidence in any
juvenile or criminal proceeding, where it would otherwise be
admissible under the rules of evidence, including but not
limited to, use as impeachment evidence against any witness,
including the minor if he or she testifies.
    (7) Nothing in this Section shall affect the right of a
Civil Service Commission or appointing authority examining the
character and fitness of an applicant for a position as a law
enforcement officer to ascertain whether that applicant was
ever adjudicated to be a delinquent minor and, if so, to
examine the records or evidence which were made in proceedings
under this Act.
    (8) Following any adjudication of delinquency for a crime
which would be a felony if committed by an adult, or following
any adjudication of delinquency for a violation of Section
24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961, the
State's Attorney shall ascertain whether the minor respondent
is enrolled in school and, if so, shall provide a copy of the
sentencing order to the principal or chief administrative
officer of the school. Access to such juvenile records shall be
limited to the principal or chief administrative officer of the
school and any guidance counselor designated by him or her.
    (9) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is
used to assist in the early identification and treatment of
habitual juvenile offenders.
    (11) The Clerk of the Circuit Court shall report to the
Department of State Police, in the form and manner required by
the Department of State Police, the final disposition of each
minor who has been arrested or taken into custody before his or
her 17th birthday for those offenses required to be reported
under Section 5 of the Criminal Identification Act. Information
reported to the Department under this Section may be maintained
with records that the Department files under Section 2.1 of the
Criminal Identification Act.
    (12) Information or records may be disclosed to the general
public when the court is conducting hearings under Section
5-805 or 5-810.
(Source: P.A. 90-590, eff. 1-1-99.)
 
    Section 1055. The Criminal Code of 1961 is amended by
changing Sections 9-3.3, 11-19.2, 14-3, 19-5, 20-2, 24-1.1,
24-1.6, 29B-1, 31A-1.1, 31A-1.2, 33A-3, 37-1, 44-2, and 44-3 as
follows:
 
    (720 ILCS 5/9-3.3)  (from Ch. 38, par. 9-3.3)
    Sec. 9-3.3. Drug-induced homicide.
    (a) A person who violates Section 401 of the Illinois
Controlled Substances Act or Section 55 of the Methamphetamine
Control and Community Protection Act by unlawfully delivering a
controlled substance to another, and any person dies as a
result of the injection, inhalation or ingestion of any amount
of that controlled substance, commits the offense of
drug-induced homicide.
    (b) Sentence. Drug-induced homicide is a Class X felony.
    (c) A person who commits drug-induced homicide by violating
subsection (a) or subsection (c) of Section 401 of the Illinois
Controlled Substances Act or Section 55 of the Methamphetamine
Control and Community Protection Act commits a Class X felony
for which the defendant shall in addition to a sentence
authorized by law, be sentenced to a term of imprisonment of
not less than 15 years and not more than 30 years or an
extended term of not less than 30 years and not more than 60
years.
(Source: P.A. 91-357, eff. 7-29-99; 92-256, eff. 1-1-02.)
 
    (720 ILCS 5/11-19.2)  (from Ch. 38, par. 11-19.2)
    Sec. 11-19.2. Exploitation of a child.
    (A) A person commits exploitation of a child when he or she
confines a child under the age of 16 or a severely or
profoundly mentally retarded person against his or her will by
the infliction or threat of imminent infliction of great bodily
harm, permanent disability or disfigurement or by
administering to the child or severely or profoundly mentally
retarded person without his or her consent or by threat or
deception and for other than medical purposes, any alcoholic
intoxicant or a drug as defined in the Illinois Controlled
Substances Act or the Cannabis Control Act or methamphetamine
as defined in the Methamphetamine Control and Community
Protection Act and:
        (1) compels the child or severely or profoundly
    mentally retarded person to become a prostitute; or
        (2) arranges a situation in which the child or severely
    or profoundly mentally retarded person may practice
    prostitution; or
        (3) receives any money, property, token, object, or
    article or anything of value from the child or severely or
    profoundly mentally retarded person knowing it was
    obtained in whole or in part from the practice of
    prostitution.
    (B) For purposes of this Section, administering drugs, as
defined in subsection (A), or an alcoholic intoxicant to a
child under the age of 13 or a severely or profoundly mentally
retarded person shall be deemed to be without consent if such
administering is done without the consent of the parents or
legal guardian.
    (C) Exploitation of a child is a Class X felony.
    (D) Any person convicted under this Section is subject to
the forfeiture provisions of Section 11-20.1A of this Act.
(Source: P.A. 91-357, eff. 7-29-99; 91-696, eff. 4-13-00;
92-434, eff. 1-1-02.)
 
    (720 ILCS 5/14-3)  (from Ch. 38, par. 14-3)
    Sec. 14-3. Exemptions. The following activities shall be
exempt from the provisions of this Article:
    (a) Listening to radio, wireless and television
communications of any sort where the same are publicly made;
    (b) Hearing conversation when heard by employees of any
common carrier by wire incidental to the normal course of their
employment in the operation, maintenance or repair of the
equipment of such common carrier by wire so long as no
information obtained thereby is used or divulged by the hearer;
    (c) Any broadcast by radio, television or otherwise whether
it be a broadcast or recorded for the purpose of later
broadcasts of any function where the public is in attendance
and the conversations are overheard incidental to the main
purpose for which such broadcasts are then being made;
    (d) Recording or listening with the aid of any device to
any emergency communication made in the normal course of
operations by any federal, state or local law enforcement
agency or institutions dealing in emergency services,
including, but not limited to, hospitals, clinics, ambulance
services, fire fighting agencies, any public utility,
emergency repair facility, civilian defense establishment or
military installation;
    (e) Recording the proceedings of any meeting required to be
open by the Open Meetings Act, as amended;
    (f) Recording or listening with the aid of any device to
incoming telephone calls of phone lines publicly listed or
advertised as consumer "hotlines" by manufacturers or
retailers of food and drug products. Such recordings must be
destroyed, erased or turned over to local law enforcement
authorities within 24 hours from the time of such recording and
shall not be otherwise disseminated. Failure on the part of the
individual or business operating any such recording or
listening device to comply with the requirements of this
subsection shall eliminate any civil or criminal immunity
conferred upon that individual or business by the operation of
this Section;
    (g) With prior notification to the State's Attorney of the
county in which it is to occur, recording or listening with the
aid of any device to any conversation where a law enforcement
officer, or any person acting at the direction of law
enforcement, is a party to the conversation and has consented
to it being intercepted or recorded under circumstances where
the use of the device is necessary for the protection of the
law enforcement officer or any person acting at the direction
of law enforcement, in the course of an investigation of a
forcible felony, a felony violation of the Illinois Controlled
Substances Act, a felony violation of the Cannabis Control Act,
a felony violation of the Methamphetamine Control and Community
Protection Act, or any "streetgang related" or "gang-related"
felony as those terms are defined in the Illinois Streetgang
Terrorism Omnibus Prevention Act. Any recording or evidence
derived as the result of this exemption shall be inadmissible
in any proceeding, criminal, civil or administrative, except
(i) where a party to the conversation suffers great bodily
injury or is killed during such conversation, or (ii) when used
as direct impeachment of a witness concerning matters contained
in the interception or recording. The Director of the
Department of State Police shall issue regulations as are
necessary concerning the use of devices, retention of tape
recordings, and reports regarding their use;
    (g-5) With approval of the State's Attorney of the county
in which it is to occur, recording or listening with the aid of
any device to any conversation where a law enforcement officer,
or any person acting at the direction of law enforcement, is a
party to the conversation and has consented to it being
intercepted or recorded in the course of an investigation of
any offense defined in Article 29D of this Code. In all such
cases, an application for an order approving the previous or
continuing use of an eavesdropping device must be made within
48 hours of the commencement of such use. In the absence of
such an order, or upon its denial, any continuing use shall
immediately terminate. The Director of State Police shall issue
rules as are necessary concerning the use of devices, retention
of tape recordings, and reports regarding their use.
    Any recording or evidence obtained or derived in the course
of an investigation of any offense defined in Article 29D of
this Code shall, upon motion of the State's Attorney or
Attorney General prosecuting any violation of Article 29D, be
reviewed in camera with notice to all parties present by the
court presiding over the criminal case, and, if ruled by the
court to be relevant and otherwise admissible, it shall be
admissible at the trial of the criminal case.
    This subsection (g-5) is inoperative on and after January
1, 2005. No conversations recorded or monitored pursuant to
this subsection (g-5) shall be inadmissible inadmissable in a
court of law by virtue of the repeal of this subsection (g-5)
on January 1, 2005;
    (h) Recordings made simultaneously with a video recording
of an oral conversation between a peace officer, who has
identified his or her office, and a person stopped for an
investigation of an offense under the Illinois Vehicle Code;
    (i) Recording of a conversation made by or at the request
of a person, not a law enforcement officer or agent of a law
enforcement officer, who is a party to the conversation, under
reasonable suspicion that another party to the conversation is
committing, is about to commit, or has committed a criminal
offense against the person or a member of his or her immediate
household, and there is reason to believe that evidence of the
criminal offense may be obtained by the recording;
    (j) The use of a telephone monitoring device by either (1)
a corporation or other business entity engaged in marketing or
opinion research or (2) a corporation or other business entity
engaged in telephone solicitation, as defined in this
subsection, to record or listen to oral telephone solicitation
conversations or marketing or opinion research conversations
by an employee of the corporation or other business entity
when:
        (i) the monitoring is used for the purpose of service
    quality control of marketing or opinion research or
    telephone solicitation, the education or training of
    employees or contractors engaged in marketing or opinion
    research or telephone solicitation, or internal research
    related to marketing or opinion research or telephone
    solicitation; and
        (ii) the monitoring is used with the consent of at
    least one person who is an active party to the marketing or
    opinion research conversation or telephone solicitation
    conversation being monitored.
    No communication or conversation or any part, portion, or
aspect of the communication or conversation made, acquired, or
obtained, directly or indirectly, under this exemption (j), may
be, directly or indirectly, furnished to any law enforcement
officer, agency, or official for any purpose or used in any
inquiry or investigation, or used, directly or indirectly, in
any administrative, judicial, or other proceeding, or divulged
to any third party.
    When recording or listening authorized by this subsection
(j) on telephone lines used for marketing or opinion research
or telephone solicitation purposes results in recording or
listening to a conversation that does not relate to marketing
or opinion research or telephone solicitation; the person
recording or listening shall, immediately upon determining
that the conversation does not relate to marketing or opinion
research or telephone solicitation, terminate the recording or
listening and destroy any such recording as soon as is
practicable.
    Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j) shall
provide current and prospective employees with notice that the
monitoring or recordings may occur during the course of their
employment. The notice shall include prominent signage
notification within the workplace.
    Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j) shall
provide their employees or agents with access to personal-only
telephone lines which may be pay telephones, that are not
subject to telephone monitoring or telephone recording.
    For the purposes of this subsection (j), "telephone
solicitation" means a communication through the use of a
telephone by live operators:
        (i) soliciting the sale of goods or services;
        (ii) receiving orders for the sale of goods or
    services;
        (iii) assisting in the use of goods or services; or
        (iv) engaging in the solicitation, administration, or
    collection of bank or retail credit accounts.
    For the purposes of this subsection (j), "marketing or
opinion research" means a marketing or opinion research
interview conducted by a live telephone interviewer engaged by
a corporation or other business entity whose principal business
is the design, conduct, and analysis of polls and surveys
measuring the opinions, attitudes, and responses of
respondents toward products and services, or social or
political issues, or both; .
    (k) Electronic recordings, including but not limited to, a
motion picture, videotape, digital, or other visual or audio
recording, made of a custodial interrogation of an individual
at a police station or other place of detention by a law
enforcement officer under Section 5-401.5 of the Juvenile Court
Act of 1987 or Section 103-2.1 of the Code of Criminal
Procedure of 1963; and
    (l) (k) Recording the interview or statement of any person
when the person knows that the interview is being conducted by
a law enforcement officer or prosecutor and the interview takes
place at a police station that is currently participating in
the Custodial Interview Pilot Program established under the
Illinois Criminal Justice Information Act.
(Source: P.A. 92-854, eff. 12-5-02; 93-206, eff. 7-18-03;
93-517, eff. 8-6-03; 93-605, eff. 11-19-03; revised 12-9-03.)
 
    (720 ILCS 5/19-5)  (from Ch. 38, par. 19-5)
    Sec. 19-5. Criminal fortification of a residence or
building. (a) A person commits the offense of criminal
fortification of a residence or building when, with the intent
to prevent the lawful entry of a law enforcement officer or
another, he maintains a residence or building in a fortified
condition, knowing that such residence or building is used for
the manufacture, storage, delivery, or trafficking of
cannabis, or controlled substances, or methamphetamine as
defined in the Cannabis Control Act, the or Illinois Controlled
Substances Act, or the Methamphetamine Control and Community
Protection Act.
    (b) "Fortified condition" means preventing or impeding
entry through the use of steel doors, wooden planking,
crossbars, alarm systems, dogs, or other similar means.
    (c) Sentence. Criminal fortification of a residence or
building is a Class 3 felony.
    (d) This Section does not apply to the fortification of a
residence or building used in the manufacture of
methamphetamine as described in Sections 10 and 15 of the
Methamphetamine Control and Community Protection Act.
(Source: P.A. 86-760.)
 
    (720 ILCS 5/20-2)  (from Ch. 38, par. 20-2)
    Sec. 20-2. Possession of explosives or explosive or
incendiary devices.
    (a) A person commits the offense of possession of
explosives or explosive or incendiary devices in violation of
this Section when he or she possesses, manufactures or
transports any explosive compound, timing or detonating device
for use with any explosive compound or incendiary device and
either intends to use such explosive or device to commit any
offense or knows that another intends to use such explosive or
device to commit a felony.
    (b) Sentence.
    Possession of explosives or explosive or incendiary
devices in violation of this Section is a Class 1 felony for
which a person, if sentenced to a term of imprisonment, shall
be sentenced to not less than 4 years and not more than 30
years.
    (c) (Blank). In this Section, "explosive compound" or
"incendiary device" includes a methamphetamine manufacturing
chemical as defined in clause (z-1) of Section 102 of the
Illinois Controlled Substances Act.
(Source: P.A. 93-594, eff. 1-1-04.)
 
    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
    Sec. 24-1.1. Unlawful Use or Possession of Weapons by
Felons or Persons in the Custody of the Department of
Corrections Facilities.
    (a) It is unlawful for a person to knowingly possess on or
about his person or on his land or in his own abode or fixed
place of business any weapon prohibited under Section 24-1 of
this Act or any firearm or any firearm ammunition if the person
has been convicted of a felony under the laws of this State or
any other jurisdiction. This Section shall not apply if the
person has been granted relief by the Director of the
Department of State Police under Section 10 of the Firearm
Owners Identification Card Act.
    (b) It is unlawful for any person confined in a penal
institution, which is a facility of the Illinois Department of
Corrections, to possess any weapon prohibited under Section
24-1 of this Code or any firearm or firearm ammunition,
regardless of the intent with which he possesses it.
    (c) It shall be an affirmative defense to a violation of
subsection (b), that such possession was specifically
authorized by rule, regulation, or directive of the Illinois
Department of Corrections or order issued pursuant thereto.
    (d) The defense of necessity is not available to a person
who is charged with a violation of subsection (b) of this
Section.
    (e) Sentence. Violation of this Section by a person not
confined in a penal institution shall be a Class 3 felony for
which the person, if sentenced to a term of imprisonment, shall
be sentenced to no less than 2 years and no more than 10 years.
Violation of this Section by a person not confined in a penal
institution who has been convicted of a forcible felony, a
felony violation of Article 24 of this Code or of the Firearm
Owners Identification Card Act, stalking or aggravated
stalking, or a Class 2 or greater felony under the Illinois
Controlled Substances Act, or the Cannabis Control Act, or the
Methamphetamine Control and Community Protection Act is a Class
2 felony for which the person, if sentenced to a term of
imprisonment, shall be sentenced to not less than 3 years and
not more than 14 years. Violation of this Section by a person
who is on parole or mandatory supervised release is a Class 2
felony for which the person, if sentenced to a term of
imprisonment, shall be sentenced to not less than 3 years and
not more than 14 years. Violation of this Section by a person
not confined in a penal institution is a Class X felony when
the firearm possessed is a machine gun. Any person who violates
this Section while confined in a penal institution, which is a
facility of the Illinois Department of Corrections, is guilty
of a Class 1 felony, if he possesses any weapon prohibited
under Section 24-1 of this Code regardless of the intent with
which he possesses it, a Class X felony if he possesses any
firearm, firearm ammunition or explosive, and a Class X felony
for which the offender shall be sentenced to not less than 12
years and not more than 50 years when the firearm possessed is
a machine gun. A violation of this Section while wearing or in
possession of body armor as defined in Section 33F-1 is a Class
X felony punishable by a term of imprisonment of not less than
10 years and not more than 40 years.
(Source: P.A. 93-906, eff. 8-11-04.)
 
    (720 ILCS 5/24-1.6)
    Sec. 24-1.6. Aggravated unlawful use of a weapon.
    (a) A person commits the offense of aggravated unlawful use
of a weapon when he or she knowingly:
        (1) Carries on or about his or her person or in any
    vehicle or concealed on or about his or her person except
    when on his or her land or in his or her abode or fixed
    place of business any pistol, revolver, stun gun or taser
    or other firearm; or
        (2) Carries or possesses on or about his or her person,
    upon any public street, alley, or other public lands within
    the corporate limits of a city, village or incorporated
    town, except when an invitee thereon or therein, for the
    purpose of the display of such weapon or the lawful
    commerce in weapons, or except when on his or her own land
    or in his or her own abode or fixed place of business, any
    pistol, revolver, stun gun or taser or other firearm; and
        (3) One of the following factors is present:
            (A) the firearm possessed was uncased, loaded and
        immediately accessible at the time of the offense; or
            (B) the firearm possessed was uncased, unloaded
        and the ammunition for the weapon was immediately
        accessible at the time of the offense; or
            (C) the person possessing the firearm has not been
        issued a currently valid Firearm Owner's
        Identification Card; or
            (D) the person possessing the weapon was
        previously adjudicated a delinquent minor under the
        Juvenile Court Act of 1987 for an act that if committed
        by an adult would be a felony; or
            (E) the person possessing the weapon was engaged in
        a misdemeanor violation of the Cannabis Control Act, or
        in a misdemeanor violation of the Illinois Controlled
        Substances Act, or in a misdemeanor violation of the
        Methamphetamine Control and Community Protection Act;
        or
            (F) the person possessing the weapon is a member of
        a street gang or is engaged in street gang related
        activity, as defined in Section 10 of the Illinois
        Streetgang Terrorism Omnibus Prevention Act; or
            (G) the person possessing the weapon had a order of
        protection issued against him or her within the
        previous 2 years; or
            (H) the person possessing the weapon was engaged in
        the commission or attempted commission of a
        misdemeanor involving the use or threat of violence
        against the person or property of another; or
            (I) the person possessing the weapon was under 21
        years of age and in possession of a handgun as defined
        in Section 24-3, unless the person under 21 is engaged
        in lawful activities under the Wildlife Code or
        described in subsection 24-2(b)(1), (b)(3), or
        24-2(f).
    (b) "Stun gun or taser" as used in this Section has the
same definition given to it in Section 24-1 of this Code.
    (c) This Section does not apply to or affect the
transportation or possession of weapons that:
            (i) are broken down in a non-functioning state; or
            (ii) are not immediately accessible; or
            (iii) are unloaded and enclosed in a case, firearm
        carrying box, shipping box, or other container by a
        person who has been issued a currently valid Firearm
        Owner's Identification Card.
    (d) Sentence. Aggravated unlawful use of a weapon is a
Class 4 felony; a second or subsequent offense is a Class 2
felony. Aggravated unlawful use of a weapon by a person who has
been previously convicted of a felony in this State or another
jurisdiction is a Class 2 felony. Aggravated unlawful use of a
weapon while wearing or in possession of body armor as defined
in Section 33F-1 by a person who has not been issued a valid
Firearms Owner's Identification Card in accordance with
Section 5 of the Firearm Owners Identification Card Act is a
Class X felony.
(Source: P.A. 93-906, eff. 8-11-04.)
 
    (720 ILCS 5/29B-1)  (from Ch. 38, par. 29B-1)
    Sec. 29B-1. (a) A person commits the offense of money
laundering:
        (1) when he knowingly engages or attempts to engage in
    a financial transaction in criminally derived property
    with either the intent to promote the carrying on of the
    unlawful activity from which the criminally derived
    property was obtained or where he knows or reasonably
    should know that the financial transaction is designed in
    whole or in part to conceal or disguise the nature, the
    location, the source, the ownership or the control of the
    criminally derived property; or
        (2) when, with the intent to:
            (A) promote the carrying on of a specified criminal
        activity as defined in this Article; or
            (B) conceal or disguise the nature, location,
        source, ownership, or control of property believed to
        be the proceeds of a specified criminal activity as
        defined by subdivision (b)(6),
    he or she conducts or attempts to conduct a financial
    transaction involving property he or she believes to be the
    proceeds of specified criminal activity as defined by
    subdivision (b)(6) or property used to conduct or
    facilitate specified criminal activity as defined by
    subdivision (b)(6).
    (b) As used in this Section:
        (1) "Financial transaction" means a purchase, sale,
    loan, pledge, gift, transfer, delivery or other
    disposition utilizing criminally derived property, and
    with respect to financial institutions, includes a
    deposit, withdrawal, transfer between accounts, exchange
    of currency, loan, extension of credit, purchase or sale of
    any stock, bond, certificate of deposit or other monetary
    instrument or any other payment, transfer or delivery by,
    through, or to a financial institution. For purposes of
    clause (a)(2) of this Section, the term "financial
    transaction" also means a transaction which without regard
    to whether the funds, monetary instruments, or real or
    personal property involved in the transaction are
    criminally derived, any transaction which in any way or
    degree: (1) involves the movement of funds by wire or any
    other means; (2) involves one or more monetary instruments;
    or (3) the transfer of title to any real or personal
    property. The receipt by an attorney of bona fide fees for
    the purpose of legal representation is not a financial
    transaction for purposes of this Section.
        (2) "Financial institution" means any bank; saving and
    loan association; trust company; agency or branch of a
    foreign bank in the United States; currency exchange;
    credit union, mortgage banking institution; pawnbroker;
    loan or finance company; operator of a credit card system;
    issuer, redeemer or cashier of travelers checks, checks or
    money orders; dealer in precious metals, stones or jewels;
    broker or dealer in securities or commodities; investment
    banker; or investment company.
        (3) "Monetary instrument" means United States coins
    and currency; coins and currency of a foreign country;
    travelers checks; personal checks, bank checks, and money
    orders; investment securities; bearer negotiable
    instruments; bearer investment securities; or bearer
    securities and certificates of stock in such form that
    title thereto passes upon delivery.
        (4) "Criminally derived property" means: (A) any
    property constituting or derived from proceeds obtained,
    directly or indirectly, pursuant to a violation of the
    Criminal Code of 1961, the Illinois Controlled Substances
    Act, or the Cannabis Control Act, or the Methamphetamine
    Control and Community Protection Act; or (B) any property
    represented to be property constituting or derived from
    proceeds obtained, directly or indirectly, pursuant to a
    violation of this Code, the Illinois Controlled Substances
    Act, or the Cannabis Control Act, or the Methamphetamine
    Control and Community Protection Act.
        (5) "Conduct" or "conducts" includes, in addition to
    its ordinary meaning, initiating, concluding, or
    participating in initiating or concluding a transaction.
        (6) "Specified criminal activity" means any violation
    of Section 20.5-5 (720 ILCS 5/20.5-5) and any violation of
    Article 29D of this Code.
    (c) Sentence.
        (1) Laundering of criminally derived property of a
    value not exceeding $10,000 is a Class 3 felony;
        (2) Laundering of criminally derived property of a
    value exceeding $10,000 but not exceeding $100,000 is a
    Class 2 felony;
        (3) Laundering of criminally derived property of a
    value exceeding $100,000 but not exceeding $500,000 is a
    Class 1 felony;
        (4) Money laundering in violation of subsection (a)(2)
    of this Section is a Class X felony;
        (5) Laundering of criminally derived property of a
    value exceeding $500,000 is a Class 1 non-probationable
    felony.
(Source: P.A. 92-854, eff. 12-5-02; 93-520, eff. 8-6-03.)
 
    (720 ILCS 5/31A-1.1)  (from Ch. 38, par. 31A-1.1)
    Sec. 31A-1.1. Bringing Contraband into a Penal
Institution; Possessing Contraband in a Penal Institution.
    (a) A person commits the offense of bringing contraband
into a penal institution when he knowingly and without
authority of any person designated or authorized to grant such
authority (1) brings an item of contraband into a penal
institution or (2) causes another to bring an item of
contraband into a penal institution or (3) places an item of
contraband in such proximity to a penal institution as to give
an inmate access to the contraband.
    (b) A person commits the offense of possessing contraband
in a penal institution when he possesses contraband in a penal
institution, regardless of the intent with which he possesses
it.
    (c) For the purposes of this Section, the words and phrases
listed below shall be defined as follows:
        (1) "Penal institution" means any penitentiary, State
    farm, reformatory, prison, jail, house of correction,
    police detention area, half-way house or other institution
    or place for the incarceration or custody of persons under
    sentence for offenses awaiting trial or sentence for
    offenses, under arrest for an offense, a violation of
    probation, a violation of parole, or a violation of
    mandatory supervised release, or awaiting a bail setting
    hearing or preliminary hearing; provided that where the
    place for incarceration or custody is housed within another
    public building this Act shall not apply to that part of
    such building unrelated to the incarceration or custody of
    persons.
        (2) "Item of contraband" means any of the following:
            (i) "Alcoholic liquor" as such term is defined in
        Section 1-3.05 of the The Liquor Control Act of 1934 as
        such Act may be now or hereafter amended.
            (ii) "Cannabis" as such term is defined in
        subsection (a) of Section 3 of the "Cannabis Control
        Act", approved August 16, 1971, as now or hereafter
        amended.
            (iii) "Controlled substance" as such term is
        defined in the "Illinois Controlled Substances Act",
        approved August 16, 1971, as now or hereafter amended.
            (iii-a) "Methamphetamine" as such term is defined
        in the Illinois Controlled Substances Act or the
        Methamphetamine Control and Community Protection Act.
            (iv) "Hypodermic syringe" or hypodermic needle, or
        any instrument adapted for use of controlled
        substances or cannabis by subcutaneous injection.
            (v) "Weapon" means any knife, dagger, dirk, billy,
        razor, stiletto, broken bottle, or other piece of glass
        which could be used as a dangerous weapon. Such term
        includes any of the devices or implements designated in
        subsections (a)(1), (a)(3) and (a)(6) of Section 24-1
        of this Act, or any other dangerous weapon or
        instrument of like character.
            (vi) "Firearm" means any device, by whatever name
        known, which is designed to expel a projectile or
        projectiles by the action of an explosion, expansion of
        gas or escape of gas, including but not limited to:
                (A) any pneumatic gun, spring gun, or B-B gun
            which expels a single globular projectile not
            exceeding .18 inch in diameter, or;
                (B) any device used exclusively for signaling
            or safety and required as recommended by the United
            States Coast Guard or the Interstate Commerce
            Commission; or
                (C) any device used exclusively for the firing
            of stud cartridges, explosive rivets or industrial
            ammunition; or
                (D) any device which is powered by electrical
            charging units, such as batteries, and which fires
            one or several barbs attached to a length of wire
            and which, upon hitting a human, can send out
            current capable of disrupting the person's nervous
            system in such a manner as to render him incapable
            of normal functioning, commonly referred to as a
            stun gun or taser.
            (vii) "Firearm ammunition" means any
        self-contained cartridge or shotgun shell, by whatever
        name known, which is designed to be used or adaptable
        to use in a firearm, including but not limited to:
                (A) any ammunition exclusively designed for
            use with a device used exclusively for signaling or
            safety and required or recommended by the United
            States Coast Guard or the Interstate Commerce
            Commission; or
                (B) any ammunition designed exclusively for
            use with a stud or rivet driver or other similar
            industrial ammunition.
            (viii) "Explosive" means, but is not limited to,
        bomb, bombshell, grenade, bottle or other container
        containing an explosive substance of over one-quarter
        ounce for like purposes such as black powder bombs and
        Molotov cocktails or artillery projectiles.
            (ix) "Tool to defeat security mechanisms" means,
        but is not limited to, handcuff or security restraint
        key, tool designed to pick locks, or device or
        instrument capable of unlocking handcuff or security
        restraints, doors to cells, rooms, gates or other areas
        of the penal institution.
            (x) "Cutting tool" means, but is not limited to,
        hacksaw blade, wirecutter, or device, instrument or
        file capable of cutting through metal.
            (xi) "Electronic contraband" means, but is not
        limited to, any electronic, video recording device,
        computer, or cellular communications equipment,
        including, but not limited to, cellular telephones,
        cellular telephone batteries, videotape recorders,
        pagers, computers, and computer peripheral equipment
        brought into or possessed in a penal institution
        without the written authorization of the Chief
        Administrative Officer.
    (d) Bringing alcoholic liquor into a penal institution is a
Class 4 felony. Possessing alcoholic liquor in a penal
institution is a Class 4 felony.
    (e) Bringing cannabis into a penal institution is a Class 3
felony. Possessing cannabis in a penal institution is a Class 3
felony.
    (f) Bringing any amount of a controlled substance
classified in Schedules III, IV or V of Article II of the
Controlled Substance Act into a penal institution is a Class 2
felony. Possessing any amount of a controlled substance
classified in Schedule III, IV, or V of Article II of the
Controlled Substance Act in a penal institution is a Class 2
felony.
    (g) Bringing any amount of a controlled substance
classified in Schedules I or II of Article II of the Controlled
Substance Act into a penal institution is a Class 1 felony.
Possessing any amount of a controlled substance classified in
Schedules I or II of Article II of the Controlled Substance Act
in a penal institution is a Class 1 felony.
    (h) Bringing an item of contraband listed in paragraph (iv)
of subsection (c)(2) into a penal institution is a Class 1
felony. Possessing an item of contraband listed in paragraph
(iv) of subsection (c)(2) in a penal institution is a Class 1
felony.
    (i) Bringing an item of contraband listed in paragraph (v),
(ix), (x), or (xi) of subsection (c)(2) into a penal
institution is a Class 1 felony. Possessing an item of
contraband listed in paragraph (v), (ix), (x), or (xi) of
subsection (c)(2) in a penal institution is a Class 1 felony.
    (j) Bringing an item of contraband listed in paragraphs
(vi), (vii) or (viii) of subsection (c)(2) in a penal
institution is a Class X felony. Possessing an item of
contraband listed in paragraphs (vi), (vii), or (viii) of
subsection (c)(2) in a penal institution is a Class X felony.
    (k) It shall be an affirmative defense to subsection (b)
hereof, that such possession was specifically authorized by
rule, regulation, or directive of the governing authority of
the penal institution or order issued pursuant thereto.
    (l) It shall be an affirmative defense to subsection (a)(1)
and subsection (b) hereof that the person bringing into or
possessing contraband in a penal institution had been arrested,
and that that person possessed such contraband at the time of
his arrest, and that such contraband was brought into or
possessed in the penal institution by that person as a direct
and immediate result of his arrest.
    (m) Items confiscated may be retained for use by the
Department of Corrections or disposed of as deemed appropriate
by the Chief Administrative Officer in accordance with
Department rules or disposed of as required by law.
(Source: P.A. 88-678, eff. 7-1-95; 89-688, eff. 6-1-97.)
 
    (720 ILCS 5/31A-1.2)  (from Ch. 38, par. 31A-1.2)
    Sec. 31A-1.2. Unauthorized bringing of contraband into a
penal institution by an employee; unauthorized possessing of
contraband in a penal institution by an employee; unauthorized
delivery of contraband in a penal institution by an employee.
    (a) A person commits the offense of unauthorized bringing
of contraband into a penal institution by an employee when a
person who is an employee knowingly and without authority or
any person designated or authorized to grant such authority:
        (1) brings or attempts to bring an item of contraband
    listed in paragraphs (i) through (iv) of subsection (d)(4)
    into a penal institution, or
        (2) causes or permits another to bring an item of
    contraband listed in paragraphs (i) through (iv) of
    subsection (d)(4) into a penal institution.
    (b) A person commits the offense of unauthorized possession
of contraband in a penal institution by an employee when a
person who is an employee knowingly and without authority of
any person designated or authorized to grant such authority
possesses contraband listed in paragraphs (i) through (iv) of
subsection (d)(4) in a penal institution, regardless of the
intent with which he possesses it.
    (c) A person commits the offense of unauthorized delivery
of contraband in a penal institution by an employee when a
person who is an employee knowingly and without authority of
any person designated or authorized to grant such authority:
        (1) delivers or possesses with intent to deliver an
    item of contraband to any inmate of a penal institution, or
        (2) conspires to deliver or solicits the delivery of an
    item of contraband to any inmate of a penal institution, or
        (3) causes or permits the delivery of an item of
    contraband to any inmate of a penal institution, or
        (4) permits another person to attempt to deliver an
    item of contraband to any inmate of a penal institution.
    (d) For purpose of this Section, the words and phrases
listed below shall be defined as follows:
        (1) "Penal Institution" shall have the meaning
    ascribed to it in subsection (c)(1) of Section 31A-1.1 of
    this Code;
        (2) "Employee" means any elected or appointed officer,
    trustee or employee of a penal institution or of the
    governing authority of the penal institution, or any person
    who performs services for the penal institution pursuant to
    contract with the penal institution or its governing
    authority.
        (3) "Deliver" or "delivery" means the actual,
    constructive or attempted transfer of possession of an item
    of contraband, with or without consideration, whether or
    not there is an agency relationship;
        (4) "Item of contraband" means any of the following:
            (i) "Alcoholic liquor" as such term is defined in
        Section 1-3.05 of the Liquor Control Act of 1934.
            (ii) "Cannabis" as such term is defined in
        subsection (a) of Section 3 of the Cannabis Control
        Act.
            (iii) "Controlled substance" as such term is
        defined in the Illinois Controlled Substances Act.
            (iii-a) "Methamphetamine" as such term is defined
        in the Illinois Controlled Substances Act or the
        Methamphetamine Control and Community Protection Act.
            (iv) "Hypodermic syringe" or hypodermic needle, or
        any instrument adapted for use of controlled
        substances or cannabis by subcutaneous injection.
            (v) "Weapon" means any knife, dagger, dirk, billy,
        razor, stiletto, broken bottle, or other piece of glass
        which could be used as a dangerous weapon. Such term
        includes any of the devices or implements designated in
        subsections (a)(1), (a)(3) and (a)(6) of Section 24-1
        of this Act, or any other dangerous weapon or
        instrument of like character.
            (vi) "Firearm" means any device, by whatever name
        known, which is designed to expel a projectile or
        projectiles by the action of an explosion, expansion of
        gas or escape of gas, including but not limited to:
                (A) any pneumatic gun, spring gun, or B-B gun
            which expels a single globular projectile not
            exceeding .18 inch in diameter; or
                (B) any device used exclusively for signaling
            or safety and required or recommended by the United
            States Coast Guard or the Interstate Commerce
            Commission; or
                (C) any device used exclusively for the firing
            of stud cartridges, explosive rivets or industrial
            ammunition; or
                (D) any device which is powered by electrical
            charging units, such as batteries, and which fires
            one or several barbs attached to a length of wire
            and which, upon hitting a human, can send out
            current capable of disrupting the person's nervous
            system in such a manner as to render him incapable
            of normal functioning, commonly referred to as a
            stun gun or taser.
            (vii) "Firearm ammunition" means any
        self-contained cartridge or shotgun shell, by whatever
        name known, which is designed to be used or adaptable
        to use in a firearm, including but not limited to:
                (A) any ammunition exclusively designed for
            use with a device used exclusively for signaling or
            safety and required or recommended by the United
            States Coast Guard or the Interstate Commerce
            Commission; or
                (B) any ammunition designed exclusively for