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Public Act 097-1150 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Findings. It is the intent of the General | ||||
Assembly to implement the provisions of Public Act 97-1108 | ||||
which changed the short title of the Criminal Code of 1961 to | ||||
the Criminal Code of 2012. The purpose of this Act is to | ||||
clarify the citations to offenses under the Criminal Code of | ||||
2012 and to previous citations under the Criminal Code of 1961 | ||||
to aid law enforcement, prosecutors, defense attorneys, | ||||
criminal defendants, the courts, and the public in the | ||||
administration and understanding of the criminal law. It is not | ||||
the intent of this Act to make any substantive changes to the | ||||
law by the cross referencing changes regarding the Criminal | ||||
Code of 1961 and the Criminal Code of 2012. | ||||
Section 5. The Statute on Statutes is amended by changing | ||||
Section 1.39 as follows: | ||||
(5 ILCS 70/1.39) | ||||
Sec. 1.39. Criminal Code of 2012. Whenever there is a | ||||
reference in any Act to the Criminal Code or Criminal Code of | ||||
1961, that reference shall be interpreted to mean the Criminal | ||||
Code of 2012 , unless the context clearly requires otherwise .
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(Source: P.A. 97-1108, eff. 1-1-13.) | ||
Section 10. The Electronic Commerce Security Act is amended | ||
by changing Section 30-5 as follows:
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(5 ILCS 175/30-5)
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Sec. 30-5. Civil remedy. Whoever suffers loss by reason of | ||
a violation
of Section 10-140, 15-210, 15-215, or 15-220
of | ||
this Act or Section 17-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 may, in a civil action
against the | ||
violator, obtain appropriate
relief. In a civil action under | ||
this Section, the court may award to the
prevailing party | ||
reasonable
attorneys fees and other litigation expenses.
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(Source: P.A. 90-759, eff. 7-1-99.)
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Section 15. The Elected Officials Misconduct Forfeiture | ||
Act is amended by changing Sections 15, 20, and 25 as follows: | ||
(5 ILCS 282/15)
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Sec. 15. Forfeiture action. The Attorney General may file | ||
an action in circuit court on behalf of the people of Illinois | ||
against an elected official who has, by his or her violation of | ||
Article 33 of the Criminal Code of 1961 or the Criminal Code of | ||
2012 or violation of a similar federal offense, injured the | ||
people of Illinois. The purpose of such suit is to recover all | ||
proceeds traceable to the elected official's offense and by so |
doing, prevent, restrain or remedy violations of Article 33 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012 or | ||
similar federal offenses.
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(Source: P.A. 96-597, eff. 8-18-09.) | ||
(5 ILCS 282/20)
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Sec. 20. Procedure. | ||
(a) The circuit court has jurisdiction to prevent, | ||
restrain, and remedy violations of Article 33 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 or violations of a | ||
similar federal offense after a hearing or trial, as | ||
appropriate, by issuing appropriate orders.
Prior to a | ||
determination of liability such orders may include, but are not | ||
limited to, issuing seizure warrants, entering findings of | ||
probable cause for in personam or in rem forfeiture, or taking | ||
such other actions, in connection with any property or other | ||
interest subject to forfeiture or other remedies or restraints | ||
pursuant to this Section as the court deems proper. | ||
(b) If the Attorney General prevails in his or her action, | ||
the court shall order the forfeiture of all proceeds traceable | ||
to the elected official's violations of Article 33 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 or similar | ||
federal offenses. Proceeds seized and forfeited as a result of | ||
the Attorney General's action will be deposited into the | ||
General Revenue Fund or the corporate county fund, as | ||
appropriate.
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(Source: P.A. 96-597, eff. 8-18-09.) | ||
(5 ILCS 282/25)
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Sec. 25. Term of forfeiture. The maximum term of a civil | ||
forfeiture under this Act shall be equal to the term of | ||
imprisonment, probation and mandatory supervised release or | ||
parole received by the elected official as a result of his or | ||
her conviction for violating Article 33 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 or similar federal offenses.
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(Source: P.A. 96-597, eff. 8-18-09.) | ||
Section 20. The Public Corruption Profit Forfeiture Act is | ||
amended by changing Section 10 as follows: | ||
(5 ILCS 283/10)
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Sec. 10. Penalties. | ||
(a) A person who is convicted of a violation of any of the | ||
following Sections, subsections, and clauses of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 : | ||
(1) clause (a)(6) of Section 12-6 (intimidation by a | ||
public official), | ||
(2) Section 33-1 (bribery), | ||
(3) subsection (a) of Section 33E-7 (kickbacks), or | ||
(4) Section 33C-4 or subsection (d) of Section 17-10.3 | ||
(fraudulently obtaining public moneys reserved for | ||
disadvantaged business enterprises), |
shall forfeit to the State of Illinois: | ||
(A) any profits or proceeds and any property or | ||
property interest he or she has acquired or maintained in | ||
violation of any of the offenses listed in clauses (1) | ||
through (4) of this subsection (a) that the court | ||
determines, after a forfeiture hearing under subsection | ||
(b) of this Section, to have been acquired or maintained as | ||
a result of violating any of the offenses listed in clauses | ||
(1) through (4) of this subsection (a); and | ||
(B) any interest in, security of, claim against, or | ||
property or contractual right of any kind affording a | ||
source of influence over, any enterprise which he or she | ||
has established, operated, controlled, conducted, or | ||
participated in the conduct of, in violation of any of the | ||
offenses listed in clauses (1) through (4) of this | ||
subsection (a) that the court determines, after a | ||
forfeiture hearing under subsection (b) of this Section, to | ||
have been acquired or maintained as a result of violating | ||
any of the offenses listed in clauses (1) through (4) of | ||
this subsection (a) or used to facilitate a violation of | ||
one of the offenses listed in clauses (1) through (4) of | ||
this subsection (a).
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(b) The court shall, upon petition by the Attorney General | ||
or State's Attorney, at any time after the filing of an | ||
information or return of an indictment, conduct a hearing to | ||
determine whether any property or property interest is subject |
to forfeiture under this Act. At the forfeiture hearing the | ||
people shall have the burden of establishing, by a | ||
preponderance of the evidence, that property or property | ||
interests are subject to forfeiture under this Act. There is a | ||
rebuttable presumption at such hearing that any property or | ||
property interest of a person charged by information or | ||
indictment with a violation of any of the offenses listed in | ||
clauses (1) through (4) of subsection (a) of this Section or | ||
who is convicted of a violation of any of the offenses listed | ||
in clauses (1) through (4) of subsection (a) of this Section is | ||
subject to forfeiture under this Section if the State | ||
establishes by a preponderance of the evidence that: | ||
(1) such property or property interest was acquired by | ||
such person during the period of the violation of any of | ||
the offenses listed in clauses (1) through (4) of | ||
subsection (a) of this Section or within a reasonable time | ||
after such period; and
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(2) there was no likely source for such property or | ||
property interest other than the violation of any of the | ||
offenses listed in clauses (1) through (4) of subsection | ||
(a) of this Section.
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(c) In an action brought by the People of the State of | ||
Illinois under this Act, wherein any restraining order, | ||
injunction or prohibition or any other action in connection | ||
with any property or property interest subject to forfeiture | ||
under this Act is sought, the circuit court which shall preside |
over the trial of the person or persons charged with any of the | ||
offenses listed in clauses (1) through (4) of subsection (a) of | ||
this Section shall first determine whether there is probable | ||
cause to believe that the person or persons so charged have | ||
committed a violation of any of the offenses listed in clauses | ||
(1) through (4) of subsection (a) of this Section and whether | ||
the property or property interest is subject to forfeiture | ||
pursuant to this Act.
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In order to make such a determination, prior to entering | ||
any such order, the court shall conduct a hearing without a | ||
jury, wherein the People shall establish that there is: (i) | ||
probable cause that the person or persons so charged have | ||
committed one of the offenses listed in clauses (1) through (4) | ||
of subsection (a) of this Section and (ii) probable cause that | ||
any property or property interest may be subject to forfeiture | ||
pursuant to this Act. Such hearing may be conducted | ||
simultaneously with a preliminary hearing, if the prosecution | ||
is commenced by information or complaint, or by motion of the | ||
People, at any stage in the proceedings. The court may accept a | ||
finding of probable cause at a preliminary hearing following | ||
the filing of a charge for violating one of the offenses listed | ||
in clauses (1) through (4) of subsection (a) of this Section or | ||
the return of an indictment by a grand jury charging one of the | ||
offenses listed in clauses (1) through (4) of subsection (a) of | ||
this Section as sufficient evidence of probable cause as | ||
provided in item (i) above.
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Upon such a finding, the circuit court shall enter such | ||
restraining order, injunction or prohibition, or shall take | ||
such other action in connection with any such property or | ||
property interest subject to forfeiture under this Act, as is | ||
necessary to insure that such property is not removed from the | ||
jurisdiction of the court, concealed, destroyed or otherwise | ||
disposed of by the owner of that property or property interest | ||
prior to a forfeiture hearing under subsection (b) of this | ||
Section. The Attorney General or State's Attorney shall file a | ||
certified copy of such restraining order, injunction or other | ||
prohibition with the recorder of deeds or registrar of titles | ||
of each county where any such property of the defendant may be | ||
located. No such injunction, restraining order or other | ||
prohibition shall affect the rights of any bona fide purchaser, | ||
mortgagee, judgment creditor or other lien holder arising prior | ||
to the date of such filing.
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The court may, at any time, upon verified petition by the | ||
defendant, conduct a hearing to release all or portions of any | ||
such property or interest which the court previously determined | ||
to be subject to forfeiture or subject to any restraining | ||
order, injunction, or prohibition or other action. The court | ||
may release such property to the defendant for good cause shown | ||
and within the sound discretion of the court.
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(d) Prosecution under this Act may be commenced by the | ||
Attorney General or a State's Attorney.
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(e) Upon an order of forfeiture being entered pursuant to |
subsection (b) of this Section, the court shall authorize the | ||
Attorney General to seize any property or property interest | ||
declared forfeited under this Act and under such terms and | ||
conditions as the court shall deem proper. Any property or | ||
property interest that has been the subject of an entered | ||
restraining order, injunction or prohibition or any other | ||
action filed under subsection (c) shall be forfeited unless the | ||
claimant can show by a preponderance of the evidence that the | ||
property or property interest has not been acquired or | ||
maintained as a result of a violation of any of the offenses | ||
listed in clauses (1) through (4) of subsection (a) of this | ||
Section or has not been used to facilitate a violation of any | ||
of the offenses listed in clauses (1) through (4) of subsection | ||
(a) of this Section.
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(f) The Attorney General or his or her designee is | ||
authorized to sell all property forfeited and seized pursuant | ||
to this Act, unless such property is required by law to be | ||
destroyed or is harmful to the public, and, after the deduction | ||
of all requisite expenses of administration and sale, shall | ||
distribute the proceeds of such sale, along with any moneys | ||
forfeited or seized, in accordance with subsection (g).
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(g) All monies and the sale proceeds of all other property | ||
forfeited and seized pursuant to this Act shall be distributed | ||
as follows:
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(1) An amount equal to 50% shall be distributed to the | ||
unit of local government or other law enforcement agency |
whose officers or employees conducted the investigation | ||
into a violation of any of the offenses listed in clauses | ||
(1) through (4) of subsection (a) of this Section and | ||
caused the arrest or arrests and prosecution leading to the | ||
forfeiture. Amounts distributed to units of local | ||
government and law enforcement agencies shall be used for | ||
enforcement of laws governing public corruption, or for | ||
other law enforcement purposes. In the event, however, that | ||
the investigation, arrest or arrests and prosecution | ||
leading to the forfeiture were undertaken solely by a State | ||
agency, the portion provided hereunder shall be paid into | ||
the State Asset Forfeiture Fund in the State treasury to be | ||
used by that State agency in accordance with law.
If the | ||
investigation, arrest or arrests and prosecution leading | ||
to the forfeiture were undertaken by the Attorney General, | ||
the portion provided hereunder shall be paid into the | ||
Attorney General's Whistleblower Reward and Protection | ||
Fund in the State treasury to be used by the Attorney | ||
General in accordance with law. | ||
(2) An amount equal to 12.5% shall be distributed to | ||
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 accordance with law.
If the prosecution | ||
was conducted by the Attorney General, then the amount | ||
provided under this subsection shall be paid into the |
Attorney General's Whistleblower Reward and Protection | ||
Fund in the State treasury to be used by the Attorney | ||
General in accordance with law. | ||
(3) An amount equal to 12.5% shall be distributed to | ||
the Office of the State's Attorneys Appellate Prosecutor | ||
and deposited in the State's Attorneys Appellate | ||
Prosecutor Anti-Corruption Fund, to be used by the Office | ||
of the State's Attorneys Appellate Prosecutor for | ||
additional expenses incurred in prosecuting appeals | ||
arising under this Act. Any amounts remaining in the Fund | ||
after all additional expenses have been paid shall be used | ||
by the Office to reduce the participating county | ||
contributions to the Office on a prorated basis as | ||
determined by the board of governors of the Office of the | ||
State's Attorneys Appellate Prosecutor based on the | ||
populations of the participating counties.
If the appeal is | ||
to be conducted by the Attorney General, then the amount | ||
provided under this subsection shall be paid into the | ||
Attorney General's Whistleblower Reward and Protection | ||
Fund in the State treasury to be used by the Attorney | ||
General in accordance with law. | ||
(4) An amount equal to 25% shall be paid into the State | ||
Asset Forfeiture Fund in the State treasury to be used by | ||
the Department of State Police for the funding of the | ||
investigation of public corruption activities. Any amounts | ||
remaining in the Fund after full funding of such |
investigations shall be used by the Department in | ||
accordance with law to fund its other enforcement | ||
activities.
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(h) All moneys deposited pursuant to this Act in the State | ||
Asset Forfeiture Fund shall, subject to appropriation, be used | ||
by the Department of State Police in the manner set forth in | ||
this Section. All moneys deposited pursuant to this Act in the | ||
Attorney General's Whistleblower Reward and Protection Fund | ||
shall, subject to appropriation, be used by the Attorney | ||
General for State law enforcement purposes and for the | ||
performance of the duties of that office. All moneys deposited | ||
pursuant to this Act in the State's Attorneys Appellate | ||
Prosecutor Anti-Corruption Fund shall, subject to | ||
appropriation, be used by the Office of the State's Attorneys | ||
Appellate Prosecutor in the manner set forth in this Section.
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(Source: P.A. 96-1019, eff. 1-1-11; 97-657, eff. 1-13-12.) | ||
Section 25. The Illinois Notary Public Act is amended by | ||
changing Section 7-104 as follows:
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(5 ILCS 312/7-104) (from Ch. 102, par. 207-104)
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Sec. 7-104. Official Misconduct Defined. The term | ||
"official misconduct"
generally means the wrongful exercise of | ||
a power or the wrongful
performance of a duty and is fully | ||
defined in Section 33-3 of the Criminal
Code of 2012 1961 . The | ||
term "wrongful" as used in the definition of official
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misconduct means unauthorized, unlawful, abusive, negligent, | ||
reckless,
or injurious.
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(Source: P.A. 85-293.)
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Section 30. The Election Code is amended by changing | ||
Sections 9-25.2, 11-4.1, 19A-10.5, and 29-13 as follows:
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(10 ILCS 5/9-25.2)
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Sec. 9-25.2.
Contributions; candidate or treasurer of | ||
political
committee.
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(a) No candidate may knowingly receive any contribution | ||
solicited or
received in violation of Section 33-3.1 or Section | ||
33-3.2 of the Criminal Code
of
2012 1961 .
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(b) The receipt of political contributions in violation of | ||
this
Section shall constitute a Class A misdemeanor.
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The appropriate State's Attorney or the Attorney General | ||
shall bring
actions in the name of the people of the State of | ||
Illinois.
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(Source: P.A. 92-853, eff. 8-28-02.)
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(10 ILCS 5/11-4.1) (from Ch. 46, par. 11-4.1)
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Sec. 11-4.1. (a) In appointing polling places under this | ||
Article, the
county board or board of election commissioners | ||
shall, insofar as they are
convenient and available, use | ||
schools and other public buildings as polling
places.
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(b) Upon request of the county board or board of election |
commissioners,
the proper agency of government (including | ||
school districts and units of
local government) shall make a | ||
public building under its control available
for use as a | ||
polling place on an election day and for a reasonably
necessary | ||
time before and after election day, without charge.
If the | ||
county board or board of election commissioners chooses a | ||
school
to be a polling place, then the school district must | ||
make the school
available for use as a polling place.
However, | ||
for the day of the election, a school district may choose to | ||
(i)
keep the school open or (ii) hold a teachers institute on | ||
that day.
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(c) A government agency which makes a public building under | ||
its
control available for use as a polling place shall ensure | ||
the portion of
the building to be used as the polling place is | ||
accessible to handicapped
and elderly voters.
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(d) If a qualified elector's precinct polling place is a | ||
school and the elector will be unable to enter that polling | ||
place without violating Section 11-9.3 of the Criminal Code of | ||
2012 1961 because the elector is a child sex offender as | ||
defined in Section 11-9.3 of the Criminal Code of 2012 1961 , | ||
that elector may vote by absentee ballot in accordance with | ||
Article 19 of this Code or may vote early in accordance with | ||
Article 19A of this Code. | ||
(Source: P.A. 95-440, eff. 8-27-07.)
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(10 ILCS 5/19A-10.5) |
Sec. 19A-10.5. Child sex offenders. If an election | ||
authority designates one or more permanent early voting polling | ||
places under this Article, the election authority must | ||
designate at least one permanent early voting polling place | ||
that a qualified elector who is a child sex offender as defined | ||
in Section 11-9.3 or Section 11-9.4 of the Criminal Code of | ||
2012 1961 may enter without violating Section 11-9.3 or Section | ||
11-9.4 of that Code , respectively . | ||
If an election authority designates one or more temporary | ||
early voting polling places under this Article, the election | ||
authority must designate at least one temporary early voting | ||
polling place that a qualified elector who is a child sex | ||
offender as defined in Section 11-9.3 or Section 11-9.4 of the | ||
Criminal Code of 2012 1961 may enter without violating Section | ||
11-9.3 or Section 11-9.4 of that Code , respectively .
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(Source: P.A. 95-440, eff. 8-27-07.)
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(10 ILCS 5/29-13) (from Ch. 46, par. 29-13)
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Sec. 29-13. Attempt, solicitation and conspiracy. Each | ||
violation of this Code shall be an offense within the meaning | ||
of
Section 2-12 of the Illinois Criminal Code of 2012 1961, as | ||
amended , so that the
inchoate offenses of solicitation, | ||
conspiracy and attempt, and the
punishment therefor, as | ||
provided in such Criminal Code shall apply to
solicitation, | ||
conspiracy and attempt to violate the provisions of this Code.
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(Source: P.A. 78-887.)
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Section 35. The Secretary of State Merit Employment Code is | ||
amended by changing Section 10b.1 as follows:
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(15 ILCS 310/10b.1) (from Ch. 124, par. 110b.1)
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Sec. 10b.1. Competitive examinations.
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(a) For open competitive
examinations to test the relative | ||
fitness of applicants for the
respective positions. Tests shall | ||
be designed to eliminate those who
are not qualified for | ||
entrance into the Office of the Secretary of State
and to | ||
discover the relative fitness of those who are qualified. The
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Director may use any one of or any combination of the following
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examination methods which in his judgment best serves this end:
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investigation of education and experience; test of cultural | ||
knowledge;
test of capacity; test of knowledge; test of manual | ||
skill; test of
linguistic ability; test of character; test of | ||
physical skill; test of
psychological fitness. No person with a | ||
record of misdemeanor
convictions except those under Sections | ||
11-1.50, 11-6, 11-7, 11-9, 11-14,
11-15, 11-17, 11-18, 11-19, | ||
11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1,
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24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, | ||
32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section | ||
11-14.3,
and sub-sections 1, 6 and 8 of Section 24-1 of the | ||
Criminal Code of
1961 or the Criminal Code of 2012 , or arrested | ||
for any cause but not convicted thereon shall be
disqualified | ||
from taking such examinations or subsequent appointment
unless |
the person is attempting to qualify for a position which would
| ||
give him the powers of a peace officer, in which case the | ||
person's
conviction or arrest record may be considered as a | ||
factor in determining
the person's fitness for the position. | ||
All examinations shall be
announced publicly at least 2 weeks | ||
in advance of the date of
examinations and may be advertised | ||
through the press, radio or other
media.
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The Director may, at his discretion, accept the results of
| ||
competitive examinations conducted by any merit system | ||
established by
Federal law or by the law of any State, and may | ||
compile eligible lists
therefrom or may add the names of | ||
successful candidates in examinations
conducted by those merit | ||
systems to existing eligible lists in
accordance with their | ||
respective ratings. No person who is a
non-resident of the | ||
State of Illinois may be appointed from those
eligible lists, | ||
however, unless the requirement that applicants be
residents of | ||
the State of Illinois is waived by the Director of
Personnel | ||
and unless there are less than 3 Illinois residents available
| ||
for appointment from the appropriate eligible list. The results | ||
of the
examinations conducted by other merit systems may not be | ||
used unless
they are comparable in difficulty and | ||
comprehensiveness to examinations
conducted by the Department | ||
of Personnel for similar positions. Special
linguistic options | ||
may also be established where deemed appropriate.
| ||
(b) The Director of Personnel may require that each person | ||
seeking
employment with the Secretary of State, as part of the |
application
process, authorize an investigation to determine | ||
if the applicant has
ever been convicted of a crime and if so, | ||
the disposition of those
convictions; this authorization shall | ||
indicate the scope of the inquiry
and the agencies which may be | ||
contacted. Upon this authorization, the
Director of Personnel | ||
may request and receive information and assistance
from any | ||
federal, state or local governmental agency as part of the
| ||
authorized investigation. The investigation shall be | ||
undertaken after the
fingerprinting of an applicant in the form | ||
and manner prescribed by the
Department of State Police. The | ||
investigation shall consist of a criminal
history records check | ||
performed by the Department of State Police and the
Federal | ||
Bureau of Investigation, or some other entity that has the | ||
ability to
check the applicant's fingerprints against the | ||
fingerprint records now and
hereafter filed in the Department | ||
of State Police and Federal Bureau of
Investigation criminal | ||
history records databases. If the Department of State
Police | ||
and the Federal Bureau of Investigation
conduct an | ||
investigation directly for the Secretary of State's Office, | ||
then
the Department of State Police shall charge a fee for | ||
conducting the criminal
history records check, which shall be | ||
deposited in the State Police Services
Fund and shall not | ||
exceed the actual cost of the records check. The
Department of | ||
State Police shall
provide information concerning any criminal | ||
convictions, and their
disposition, brought against the | ||
applicant or prospective employee of
the Secretary of State |
upon request of the Department of Personnel when
the request is | ||
made in the form and manner required by the Department of
State | ||
Police. The information derived from this investigation,
| ||
including the source of this information, and any conclusions | ||
or
recommendations derived from this information by the | ||
Director of
Personnel shall be provided to the applicant or | ||
prospective employee, or
his designee, upon request to the | ||
Director of Personnel prior to any
final action by the Director | ||
of Personnel on the application. No
information obtained from | ||
such investigation may be placed in any
automated information | ||
system. Any criminal convictions and their
disposition | ||
information obtained by the Director of Personnel shall be
| ||
confidential and may not be transmitted outside the Office of | ||
the
Secretary of State, except as required herein, and may not | ||
be
transmitted to anyone within the Office of the Secretary of | ||
State except
as needed for the purpose of evaluating the | ||
application. The only
physical identity materials which the | ||
applicant or prospective employee
can be required to provide | ||
the Director of Personnel are photographs or
fingerprints; | ||
these shall be returned to the applicant or prospective
| ||
employee upon request to the Director of Personnel, after the
| ||
investigation has been completed and no copy of these materials | ||
may be
kept by the Director of Personnel or any agency to which | ||
such identity
materials were transmitted. Only information and | ||
standards which bear a
reasonable and rational relation to the | ||
performance of an employee shall
be used by the Director of |
Personnel. The Secretary of State shall
adopt rules and | ||
regulations for the administration of this Section. Any
| ||
employee of the Secretary of State who gives or causes to be | ||
given away
any confidential information concerning any | ||
criminal convictions and
their disposition of an applicant or | ||
prospective employee shall be
guilty of a Class A misdemeanor | ||
unless release of such information is
authorized by this | ||
Section.
| ||
(Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11 .)
| ||
Section 40. The Comptroller Merit Employment Code is | ||
amended by changing Section 10b.1 as follows:
| ||
(15 ILCS 410/10b.1) (from Ch. 15, par. 426)
| ||
Sec. 10b.1. Competitive examinations. For open competitive | ||
examinations
to test the relative fitness of applicants for the | ||
respective positions.
Tests shall be designed to eliminate | ||
those who are not qualified for entrance
into the Office of the | ||
Comptroller and to discover the relative fitness
of those who | ||
are qualified. The Director may use any one of or any | ||
combination
of the following examination methods which in his | ||
judgment best serves this
end: investigation of education and | ||
experience; test of cultural knowledge;
test of capacity; test | ||
of knowledge; test of manual skill; test of linguistic
ability; | ||
test of character; test of physical skill; test of | ||
psychological
fitness. No person with a record of misdemeanor |
convictions except those
under Sections 11-1.50, 11-6, 11-7, | ||
11-9, 11-14, 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, | ||
12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, | ||
31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, | ||
subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and | ||
sub-sections 1, 6 and
8 of Section 24-1 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 , or arrested for any cause
| ||
but not convicted thereon shall be disqualified
from taking | ||
such examinations or subsequent appointment unless the person
| ||
is attempting to qualify for a position which entails financial
| ||
responsibilities,
in which case the person's conviction or | ||
arrest record
may be considered as a factor in determining the | ||
person's fitness for the
position. All examinations shall be | ||
announced publicly at least 2 weeks
in advance of the date of | ||
examinations and may be advertised through the
press, radio or | ||
other media.
| ||
The Director may, at his or her discretion, accept the | ||
results of
competitive examinations
conducted by any merit | ||
system established by Federal law or by the law of
any State, | ||
and may compile eligible lists therefrom or may add the names
| ||
of successful candidates in examinations conducted by those | ||
merit systems
to existing eligible lists in accordance with | ||
their respective ratings.
No person who is a non-resident of | ||
the State of Illinois may be appointed
from those eligible | ||
lists, however, unless the requirement that applicants
be | ||
residents of the State of Illinois is waived by the Director of |
Human
Resources
and unless there are less than 3 Illinois | ||
residents available for appointment
from the appropriate | ||
eligible list. The results of the examinations conducted
by | ||
other merit systems may not be used unless they are comparable | ||
in difficulty
and comprehensiveness to examinations conducted | ||
by the Department of Human
Resources
for similar positions. | ||
Special linguistic options may also be established
where deemed | ||
appropriate.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
Section 45. The Alcoholism and Other Drug Abuse and | ||
Dependency Act is amended by changing Section 40-5 as follows: | ||
(20 ILCS 301/40-5) | ||
Sec. 40-5. Election of treatment. An addict or alcoholic | ||
who is charged
with or convicted of a crime or any other person | ||
charged with or convicted of a misdemeanor violation of the Use | ||
of Intoxicating Compounds Act and who has not been previously | ||
convicted of a violation of that Act 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(b)(3), | ||
60(b)(4), 60(b)(5), 60(b)(6), or 65 of the Methamphetamine | ||
Control and Community Protection Act or is otherwise | ||
ineligible for probation under Section 70 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 or the Criminal Code of | ||
2012 , 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. 96-1440, eff. 1-1-11; 97-889, eff. 1-1-13.) | ||
Section 50. The Personnel Code is amended by changing | ||
Section 8b.1 as follows:
| ||
(20 ILCS 415/8b.1) (from Ch. 127, par. 63b108b.1)
| ||
Sec. 8b.1. For open competitive
examinations to test the | ||
relative fitness of
applicants for the respective positions.
| ||
Tests shall be designed to eliminate those who are not | ||
qualified for
entrance into or promotion within the service, | ||
and to discover the relative
fitness of those who are | ||
qualified. The Director may use any one of or any
combination | ||
of the following examination methods which in his judgment best
| ||
serves this end: investigation of education; investigation of | ||
experience;
test of cultural knowledge; test of capacity; test | ||
of knowledge; test of
manual skill; test of linguistic ability; | ||
test of character; test of
physical fitness; test of | ||
psychological fitness. No person with a record of
misdemeanor | ||
convictions except those under Sections 11-1.50, 11-6, 11-7, | ||
11-9,
11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, |
12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1,
24-5, 25-1, 28-3, | ||
31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, | ||
subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
| ||
sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code of | ||
1961 or the Criminal Code of 2012, or
arrested for any cause | ||
but not convicted thereon shall be disqualified from
taking | ||
such examinations or subsequent appointment, unless the person | ||
is
attempting to qualify for a position which would give him | ||
the powers of a
peace officer, in which case the person's | ||
conviction or arrest record may
be considered as a factor in | ||
determining the person's fitness for the
position. The | ||
eligibility conditions specified for the position of
Assistant | ||
Director of Healthcare and Family Services in the Department of | ||
Healthcare and Family Services in Section
5-230 of the | ||
Departments of State Government Law (20 ILCS
5/5-230) shall be | ||
applied to that position in addition to other
standards, tests | ||
or criteria established by the Director. All examinations
shall | ||
be announced publicly at least 2 weeks in advance of the date | ||
of the
examinations and may be advertised through the press, | ||
radio and other
media. The Director may, however, in his | ||
discretion, continue to receive
applications and examine | ||
candidates long enough to assure a sufficient
number of | ||
eligibles to meet the needs of the service and may add the | ||
names
of successful candidates to existing eligible lists in | ||
accordance with
their respective ratings.
| ||
The Director may, in his discretion, accept the results of |
competitive
examinations conducted by any merit system | ||
established by federal law or by
the law of any State, and may | ||
compile eligible lists therefrom or may add
the names of | ||
successful candidates in examinations conducted by those merit
| ||
systems to existing eligible lists in accordance with their | ||
respective
ratings. No person who is a non-resident of the | ||
State of Illinois may be
appointed from those eligible lists, | ||
however, unless the requirement that
applicants be residents of | ||
the State of Illinois is waived by the Director
of Central | ||
Management Services and unless there are less than 3 Illinois
| ||
residents available
for appointment from the appropriate | ||
eligible list. The results of the
examinations conducted by | ||
other merit systems may not be used unless they
are comparable | ||
in difficulty and comprehensiveness to examinations
conducted | ||
by the Department of Central Management Services
for similar | ||
positions. Special
linguistic options may also be established | ||
where deemed appropriate.
| ||
(Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11 .)
| ||
Section 55. The Children and Family Services Act is amended | ||
by changing Sections 5, 7, and 9.3 as follows:
| ||
(20 ILCS 505/5) (from Ch. 23, par. 5005)
| ||
Sec. 5. Direct child welfare services; Department of | ||
Children and Family
Services. To provide direct child welfare | ||
services when not available
through other public or private |
child care or program facilities.
| ||
(a) For purposes of this Section:
| ||
(1) "Children" means persons found within the State who | ||
are under the
age of 18 years. The term also includes | ||
persons under age 21 who:
| ||
(A) were committed to the Department pursuant to | ||
the
Juvenile Court Act or the Juvenile Court Act of | ||
1987, as amended, prior to
the age of 18 and who | ||
continue under the jurisdiction of the court; or
| ||
(B) were accepted for care, service and training by
| ||
the Department prior to the age of 18 and whose best | ||
interest in the
discretion of the Department would be | ||
served by continuing that care,
service and training | ||
because of severe emotional disturbances, physical
| ||
disability, social adjustment or any combination | ||
thereof, or because of the
need to complete an | ||
educational or vocational training program.
| ||
(2) "Homeless youth" means persons found within the
| ||
State who are under the age of 19, are not in a safe and | ||
stable living
situation and cannot be reunited with their | ||
families.
| ||
(3) "Child welfare services" means public social | ||
services which are
directed toward the accomplishment of | ||
the following purposes:
| ||
(A) protecting and promoting the health, safety | ||
and welfare of
children,
including homeless, dependent |
or neglected children;
| ||
(B) remedying, or assisting in the solution
of | ||
problems which may result in, the neglect, abuse, | ||
exploitation or
delinquency of children;
| ||
(C) preventing the unnecessary separation of | ||
children
from their families by identifying family | ||
problems, assisting families in
resolving their | ||
problems, and preventing the breakup of the family
| ||
where the prevention of child removal is desirable and | ||
possible when the
child can be cared for at home | ||
without endangering the child's health and
safety;
| ||
(D) restoring to their families children who have | ||
been
removed, by the provision of services to the child | ||
and the families when the
child can be cared for at | ||
home without endangering the child's health and
| ||
safety;
| ||
(E) placing children in suitable adoptive homes, | ||
in
cases where restoration to the biological family is | ||
not safe, possible or
appropriate;
| ||
(F) assuring safe and adequate care of children | ||
away from their
homes, in cases where the child cannot | ||
be returned home or cannot be placed
for adoption. At | ||
the time of placement, the Department shall consider
| ||
concurrent planning,
as described in subsection (l-1) | ||
of this Section so that permanency may
occur at the | ||
earliest opportunity. Consideration should be given so |
that if
reunification fails or is delayed, the | ||
placement made is the best available
placement to | ||
provide permanency for the child;
| ||
(G) (blank);
| ||
(H) (blank); and
| ||
(I) placing and maintaining children in facilities | ||
that provide
separate living quarters for children | ||
under the age of 18 and for children
18 years of age | ||
and older, unless a child 18 years of age is in the | ||
last
year of high school education or vocational | ||
training, in an approved
individual or group treatment | ||
program, in a licensed shelter facility,
or secure | ||
child care facility.
The Department is not required to | ||
place or maintain children:
| ||
(i) who are in a foster home, or
| ||
(ii) who are persons with a developmental | ||
disability, as defined in
the Mental
Health and | ||
Developmental Disabilities Code, or
| ||
(iii) who are female children who are | ||
pregnant, pregnant and
parenting or parenting, or
| ||
(iv) who are siblings, in facilities that | ||
provide separate living quarters for children 18
| ||
years of age and older and for children under 18 | ||
years of age.
| ||
(b) Nothing in this Section shall be construed to authorize | ||
the
expenditure of public funds for the purpose of performing |
abortions.
| ||
(c) The Department shall establish and maintain | ||
tax-supported child
welfare services and extend and seek to | ||
improve voluntary services
throughout the State, to the end | ||
that services and care shall be available
on an equal basis | ||
throughout the State to children requiring such services.
| ||
(d) The Director may authorize advance disbursements for | ||
any new program
initiative to any agency contracting with the | ||
Department. As a
prerequisite for an advance disbursement, the | ||
contractor must post a
surety bond in the amount of the advance | ||
disbursement and have a
purchase of service contract approved | ||
by the Department. The Department
may pay up to 2 months | ||
operational expenses in advance. The amount of the
advance | ||
disbursement shall be prorated over the life of the contract
or | ||
the remaining months of the fiscal year, whichever is less, and | ||
the
installment amount shall then be deducted from future | ||
bills. Advance
disbursement authorizations for new initiatives | ||
shall not be made to any
agency after that agency has operated | ||
during 2 consecutive fiscal years.
The requirements of this | ||
Section concerning advance disbursements shall
not apply with | ||
respect to the following: payments to local public agencies
for | ||
child day care services as authorized by Section 5a of this | ||
Act; and
youth service programs receiving grant funds under | ||
Section 17a-4.
| ||
(e) (Blank).
| ||
(f) (Blank).
|
(g) The Department shall establish rules and regulations | ||
concerning
its operation of programs designed to meet the goals | ||
of child safety and
protection,
family preservation, family | ||
reunification, and adoption, including but not
limited to:
| ||
(1) adoption;
| ||
(2) foster care;
| ||
(3) family counseling;
| ||
(4) protective services;
| ||
(5) (blank);
| ||
(6) homemaker service;
| ||
(7) return of runaway children;
| ||
(8) (blank);
| ||
(9) placement under Section 5-7 of the Juvenile Court | ||
Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile | ||
Court Act of 1987 in
accordance with the federal Adoption | ||
Assistance and Child Welfare Act of
1980; and
| ||
(10) interstate services.
| ||
Rules and regulations established by the Department shall | ||
include
provisions for training Department staff and the staff | ||
of Department
grantees, through contracts with other agencies | ||
or resources, in alcohol
and drug abuse screening techniques | ||
approved by the Department of Human
Services, as a successor to | ||
the Department of Alcoholism and Substance Abuse,
for the | ||
purpose of identifying children and adults who
should be | ||
referred to an alcohol and drug abuse treatment program for
| ||
professional evaluation.
|
(h) If the Department finds that there is no appropriate | ||
program or
facility within or available to the Department for a | ||
ward and that no
licensed private facility has an adequate and | ||
appropriate program or none
agrees to accept the ward, the | ||
Department shall create an appropriate
individualized, | ||
program-oriented plan for such ward. The
plan may be developed | ||
within the Department or through purchase of services
by the | ||
Department to the extent that it is within its statutory | ||
authority
to do.
| ||
(i) Service programs shall be available throughout the | ||
State and shall
include but not be limited to the following | ||
services:
| ||
(1) case management;
| ||
(2) homemakers;
| ||
(3) counseling;
| ||
(4) parent education;
| ||
(5) day care; and
| ||
(6) emergency assistance and advocacy.
| ||
In addition, the following services may be made available | ||
to assess and
meet the needs of children and families:
| ||
(1) comprehensive family-based services;
| ||
(2) assessments;
| ||
(3) respite care; and
| ||
(4) in-home health services.
| ||
The Department shall provide transportation for any of the | ||
services it
makes available to children or families or for |
which it refers children
or families.
| ||
(j) The Department may provide categories of financial | ||
assistance and
education assistance grants, and shall
| ||
establish rules and regulations concerning the assistance and | ||
grants, to
persons who
adopt physically or mentally | ||
handicapped, older and other hard-to-place
children who (i) | ||
immediately prior to their adoption were legal wards of
the | ||
Department
or (ii) were determined eligible for financial | ||
assistance with respect to a
prior adoption and who become | ||
available for adoption because the
prior adoption has been | ||
dissolved and the parental rights of the adoptive
parents have | ||
been
terminated or because the child's adoptive parents have | ||
died.
The Department may continue to provide financial | ||
assistance and education assistance grants for a child who was | ||
determined eligible for financial assistance under this | ||
subsection (j) in the interim period beginning when the child's | ||
adoptive parents died and ending with the finalization of the | ||
new adoption of the child by another adoptive parent or | ||
parents. The Department may also provide categories of | ||
financial
assistance and education assistance grants, and
| ||
shall establish rules and regulations for the assistance and | ||
grants, to persons
appointed guardian of the person under | ||
Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | ||
4-25 or 5-740 of the Juvenile Court Act of 1987
for children | ||
who were wards of the Department for 12 months immediately
| ||
prior to the appointment of the guardian.
|
The amount of assistance may vary, depending upon the needs | ||
of the child
and the adoptive parents,
as set forth in the | ||
annual
assistance agreement. Special purpose grants are | ||
allowed where the child
requires special service but such costs | ||
may not exceed the amounts
which similar services would cost | ||
the Department if it were to provide or
secure them as guardian | ||
of the child.
| ||
Any financial assistance provided under this subsection is
| ||
inalienable by assignment, sale, execution, attachment, | ||
garnishment, or any
other remedy for recovery or collection of | ||
a judgment or debt.
| ||
(j-5) The Department shall not deny or delay the placement | ||
of a child for
adoption
if an approved family is available | ||
either outside of the Department region
handling the case,
or | ||
outside of the State of Illinois.
| ||
(k) The Department shall accept for care and training any | ||
child who has
been adjudicated neglected or abused, or | ||
dependent committed to it pursuant
to the Juvenile Court Act or | ||
the Juvenile Court Act of 1987.
| ||
(l) The Department shall
offer family preservation | ||
services, as defined in Section 8.2 of the Abused
and
Neglected | ||
Child
Reporting Act, to help families, including adoptive and | ||
extended families.
Family preservation
services shall be | ||
offered (i) to prevent the
placement
of children in
substitute | ||
care when the children can be cared for at home or in the | ||
custody of
the person
responsible for the children's welfare,
|
(ii) to
reunite children with their families, or (iii) to
| ||
maintain an adoptive placement. Family preservation services | ||
shall only be
offered when doing so will not endanger the | ||
children's health or safety. With
respect to children who are | ||
in substitute care pursuant to the Juvenile Court
Act of 1987, | ||
family preservation services shall not be offered if a goal | ||
other
than those of subdivisions (A), (B), or (B-1) of | ||
subsection (2) of Section 2-28
of
that Act has been set.
| ||
Nothing in this paragraph shall be construed to create a | ||
private right of
action or claim on the part of any individual | ||
or child welfare agency, except that when a child is the | ||
subject of an action under Article II of the Juvenile Court Act | ||
of 1987 and the child's service plan calls for services to | ||
facilitate achievement of the permanency goal, the court | ||
hearing the action under Article II of the Juvenile Court Act | ||
of 1987 may order the Department to provide the services set | ||
out in the plan, if those services are not provided with | ||
reasonable promptness and if those services are available.
| ||
The Department shall notify the child and his family of the
| ||
Department's
responsibility to offer and provide family | ||
preservation services as
identified in the service plan. The | ||
child and his family shall be eligible
for services as soon as | ||
the report is determined to be "indicated". The
Department may | ||
offer services to any child or family with respect to whom a
| ||
report of suspected child abuse or neglect has been filed, | ||
prior to
concluding its investigation under Section 7.12 of the |
Abused and Neglected
Child Reporting Act. However, the child's | ||
or family's willingness to
accept services shall not be | ||
considered in the investigation. The
Department may also | ||
provide services to any child or family who is the
subject of | ||
any report of suspected child abuse or neglect or may refer | ||
such
child or family to services available from other agencies | ||
in the community,
even if the report is determined to be | ||
unfounded, if the conditions in the
child's or family's home | ||
are reasonably likely to subject the child or
family to future | ||
reports of suspected child abuse or neglect. Acceptance
of such | ||
services shall be voluntary. The Department may also provide | ||
services to any child or family after completion of a family | ||
assessment, as an alternative to an investigation, as provided | ||
under the "differential response program" provided for in | ||
subsection (a-5) of Section 7.4 of the Abused and Neglected | ||
Child Reporting Act.
| ||
The Department may, at its discretion except for those | ||
children also
adjudicated neglected or dependent, accept for | ||
care and training any child
who has been adjudicated addicted, | ||
as a truant minor in need of
supervision or as a minor | ||
requiring authoritative intervention, under the
Juvenile Court | ||
Act or the Juvenile Court Act of 1987, but no such child
shall | ||
be committed to the Department by any court without the | ||
approval of
the Department. A minor charged with a criminal | ||
offense under the Criminal
Code of 1961 or the Criminal Code of | ||
2012 or adjudicated delinquent shall not be placed in the |
custody of or
committed to the Department by any court, except | ||
(i) a minor less than 15 years
of age committed to the | ||
Department under Section 5-710 of the Juvenile Court
Act
of | ||
1987, (ii) a minor for whom an independent basis of abuse, | ||
neglect, or dependency exists, which must be defined by | ||
departmental rule, or (iii) a minor for whom the court has | ||
granted a supplemental petition to reinstate wardship pursuant | ||
to subsection (2) of Section 2-33 of the Juvenile Court Act of | ||
1987. An independent basis exists when the allegations or | ||
adjudication of abuse, neglect, or dependency do not arise from | ||
the same facts, incident, or circumstances which give rise to a | ||
charge or adjudication of delinquency.
| ||
As soon as is possible after August 7, 2009 (the effective | ||
date of Public Act 96-134), the Department shall develop and | ||
implement a special program of family preservation services to | ||
support intact, foster, and adoptive families who are | ||
experiencing extreme hardships due to the difficulty and stress | ||
of caring for a child who has been diagnosed with a pervasive | ||
developmental disorder if the Department determines that those | ||
services are necessary to ensure the health and safety of the | ||
child. The Department may offer services to any family whether | ||
or not a report has been filed under the Abused and Neglected | ||
Child Reporting Act. The Department may refer the child or | ||
family to services available from other agencies in the | ||
community if the conditions in the child's or family's home are | ||
reasonably likely to subject the child or family to future |
reports of suspected child abuse or neglect. Acceptance of | ||
these services shall be voluntary. The Department shall develop | ||
and implement a public information campaign to alert health and | ||
social service providers and the general public about these | ||
special family preservation services. The nature and scope of | ||
the services offered and the number of families served under | ||
the special program implemented under this paragraph shall be | ||
determined by the level of funding that the Department annually | ||
allocates for this purpose. The term "pervasive developmental | ||
disorder" under this paragraph means a neurological condition, | ||
including but not limited to, Asperger's Syndrome and autism, | ||
as defined in the most recent edition of the Diagnostic and | ||
Statistical Manual of Mental Disorders of the American | ||
Psychiatric Association. | ||
(l-1) The legislature recognizes that the best interests of | ||
the child
require that
the child be placed in the most | ||
permanent living arrangement as soon as is
practically
| ||
possible. To achieve this goal, the legislature directs the | ||
Department of
Children and
Family Services to conduct | ||
concurrent planning so that permanency may occur at
the
| ||
earliest opportunity. Permanent living arrangements may | ||
include prevention of
placement of a child outside the home of | ||
the family when the child can be cared
for at
home without | ||
endangering the child's health or safety; reunification with | ||
the
family,
when safe and appropriate, if temporary placement | ||
is necessary; or movement of
the child
toward the most |
permanent living arrangement and permanent legal status.
| ||
When determining reasonable efforts to be made with respect | ||
to a child, as
described in this
subsection, and in making such | ||
reasonable efforts, the child's health and
safety shall be the
| ||
paramount concern.
| ||
When a child is placed in foster care, the Department shall | ||
ensure and
document that reasonable efforts were made to | ||
prevent or eliminate the need to
remove the child from the | ||
child's home. The Department must make
reasonable efforts to | ||
reunify the family when temporary placement of the child
occurs
| ||
unless otherwise required, pursuant to the Juvenile Court Act | ||
of 1987.
At any time after the dispositional hearing where the | ||
Department believes
that further reunification services would | ||
be ineffective, it may request a
finding from the court that | ||
reasonable efforts are no longer appropriate. The
Department is | ||
not required to provide further reunification services after | ||
such
a
finding.
| ||
A decision to place a child in substitute care shall be | ||
made with
considerations of the child's health, safety, and | ||
best interests. At the
time of placement, consideration should | ||
also be given so that if reunification
fails or is delayed, the | ||
placement made is the best available placement to
provide | ||
permanency for the child.
| ||
The Department shall adopt rules addressing concurrent | ||
planning for
reunification and permanency. The Department | ||
shall consider the following
factors when determining |
appropriateness of concurrent planning:
| ||
(1) the likelihood of prompt reunification;
| ||
(2) the past history of the family;
| ||
(3) the barriers to reunification being addressed by | ||
the family;
| ||
(4) the level of cooperation of the family;
| ||
(5) the foster parents' willingness to work with the | ||
family to reunite;
| ||
(6) the willingness and ability of the foster family to | ||
provide an
adoptive
home or long-term placement;
| ||
(7) the age of the child;
| ||
(8) placement of siblings.
| ||
(m) The Department may assume temporary custody of any | ||
child if:
| ||
(1) it has received a written consent to such temporary | ||
custody
signed by the parents of the child or by the parent | ||
having custody of the
child if the parents are not living | ||
together or by the guardian or
custodian of the child if | ||
the child is not in the custody of either
parent, or
| ||
(2) the child is found in the State and neither a | ||
parent,
guardian nor custodian of the child can be located.
| ||
If the child is found in his or her residence without a parent, | ||
guardian,
custodian or responsible caretaker, the Department | ||
may, instead of removing
the child and assuming temporary | ||
custody, place an authorized
representative of the Department | ||
in that residence until such time as a
parent, guardian or |
custodian enters the home and expresses a willingness
and | ||
apparent ability to ensure the child's health and safety and | ||
resume
permanent
charge of the child, or until a
relative | ||
enters the home and is willing and able to ensure the child's | ||
health
and
safety and assume charge of the
child until a | ||
parent, guardian or custodian enters the home and expresses
| ||
such willingness and ability to ensure the child's safety and | ||
resume
permanent charge. After a caretaker has remained in the | ||
home for a period not
to exceed 12 hours, the Department must | ||
follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | ||
5-415 of the Juvenile Court Act
of 1987.
| ||
The Department shall have the authority, responsibilities | ||
and duties that
a legal custodian of the child would have | ||
pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | ||
Act of 1987. Whenever a child is taken
into temporary custody | ||
pursuant to an investigation under the Abused and
Neglected | ||
Child Reporting Act, or pursuant to a referral and acceptance
| ||
under the Juvenile Court Act of 1987 of a minor in limited | ||
custody, the
Department, during the period of temporary custody | ||
and before the child
is brought before a judicial officer as | ||
required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile | ||
Court Act of 1987, shall have
the authority, responsibilities | ||
and duties that a legal custodian of the child
would have under | ||
subsection (9) of Section 1-3 of the Juvenile Court Act of
| ||
1987.
| ||
The Department shall ensure that any child taken into |
custody
is scheduled for an appointment for a medical | ||
examination.
| ||
A parent, guardian or custodian of a child in the temporary | ||
custody of the
Department who would have custody of the child | ||
if he were not in the
temporary custody of the Department may | ||
deliver to the Department a signed
request that the Department | ||
surrender the temporary custody of the child.
The Department | ||
may retain temporary custody of the child for 10 days after
the | ||
receipt of the request, during which period the Department may | ||
cause to
be filed a petition pursuant to the Juvenile Court Act | ||
of 1987. If a
petition is so filed, the Department shall retain | ||
temporary custody of the
child until the court orders | ||
otherwise. If a petition is not filed within
the 10 day period, | ||
the child shall be surrendered to the custody of the
requesting | ||
parent, guardian or custodian not later than the expiration of
| ||
the 10 day period, at which time the authority and duties of | ||
the Department
with respect to the temporary custody of the | ||
child shall terminate.
| ||
(m-1) The Department may place children under 18 years of | ||
age in a secure
child care facility licensed by the Department | ||
that cares for children who are
in need of secure living | ||
arrangements for their health, safety, and well-being
after a | ||
determination is made by the facility director and the Director | ||
or the
Director's designate prior to admission to the facility | ||
subject to Section
2-27.1 of the Juvenile Court Act of 1987. | ||
This subsection (m-1) does not apply
to a child who is subject |
to placement in a correctional facility operated
pursuant to | ||
Section 3-15-2 of the Unified Code of Corrections, unless the
| ||
child is a ward who was placed under the care of the Department | ||
before being
subject to placement in a correctional facility | ||
and a court of competent
jurisdiction has ordered placement of | ||
the child in a secure care facility.
| ||
(n) The Department may place children under 18 years of age | ||
in
licensed child care facilities when in the opinion of the | ||
Department,
appropriate services aimed at family preservation | ||
have been unsuccessful and
cannot ensure the child's health and | ||
safety or are unavailable and such
placement would be for their | ||
best interest. Payment
for board, clothing, care, training and | ||
supervision of any child placed in
a licensed child care | ||
facility may be made by the Department, by the
parents or | ||
guardians of the estates of those children, or by both the
| ||
Department and the parents or guardians, except that no | ||
payments shall be
made by the Department for any child placed | ||
in a licensed child care
facility for board, clothing, care, | ||
training and supervision of such a
child that exceed the | ||
average per capita cost of maintaining and of caring
for a | ||
child in institutions for dependent or neglected children | ||
operated by
the Department. However, such restriction on | ||
payments does not apply in
cases where children require | ||
specialized care and treatment for problems of
severe emotional | ||
disturbance, physical disability, social adjustment, or
any | ||
combination thereof and suitable facilities for the placement |
of such
children are not available at payment rates within the | ||
limitations set
forth in this Section. All reimbursements for | ||
services delivered shall be
absolutely inalienable by | ||
assignment, sale, attachment, garnishment or
otherwise.
| ||
(n-1) The Department shall provide or authorize child | ||
welfare services, aimed at assisting minors to achieve | ||
sustainable self-sufficiency as independent adults, for any | ||
minor eligible for the reinstatement of wardship pursuant to | ||
subsection (2) of Section 2-33 of the Juvenile Court Act of | ||
1987, whether or not such reinstatement is sought or allowed, | ||
provided that the minor consents to such services and has not | ||
yet attained the age of 21. The Department shall have | ||
responsibility for the development and delivery of services | ||
under this Section. An eligible youth may access services under | ||
this Section through the Department of Children and Family | ||
Services or by referral from the Department of Human Services. | ||
Youth participating in services under this Section shall | ||
cooperate with the assigned case manager in developing an | ||
agreement identifying the services to be provided and how the | ||
youth will increase skills to achieve self-sufficiency. A | ||
homeless shelter is not considered appropriate housing for any | ||
youth receiving child welfare services under this Section. The | ||
Department shall continue child welfare services under this | ||
Section to any eligible minor until the minor becomes 21 years | ||
of age, no longer consents to participate, or achieves | ||
self-sufficiency as identified in the minor's service plan. The |
Department of Children and Family Services shall create clear, | ||
readable notice of the rights of former foster youth to child | ||
welfare services under this Section and how such services may | ||
be obtained. The Department of Children and Family Services and | ||
the Department of Human Services shall disseminate this | ||
information statewide. The Department shall adopt regulations | ||
describing services intended to assist minors in achieving | ||
sustainable self-sufficiency as independent adults. | ||
(o) The Department shall establish an administrative | ||
review and appeal
process for children and families who request | ||
or receive child welfare
services from the Department. Children | ||
who are wards of the Department and
are placed by private child | ||
welfare agencies, and foster families with whom
those children | ||
are placed, shall be afforded the same procedural and appeal
| ||
rights as children and families in the case of placement by the | ||
Department,
including the right to an initial review of a | ||
private agency decision by
that agency. The Department shall | ||
insure that any private child welfare
agency, which accepts | ||
wards of the Department for placement, affords those
rights to | ||
children and foster families. The Department shall accept for
| ||
administrative review and an appeal hearing a complaint made by | ||
(i) a child
or foster family concerning a decision following an | ||
initial review by a
private child welfare agency or (ii) a | ||
prospective adoptive parent who alleges
a violation of | ||
subsection (j-5) of this Section. An appeal of a decision
| ||
concerning a change in the placement of a child shall be |
conducted in an
expedited manner.
| ||
(p) There is hereby created the Department of Children and | ||
Family
Services Emergency Assistance Fund from which the | ||
Department may provide
special financial assistance to | ||
families which are in economic crisis when
such assistance is | ||
not available through other public or private sources
and the | ||
assistance is deemed necessary to prevent dissolution of the | ||
family
unit or to reunite families which have been separated | ||
due to child abuse and
neglect. The Department shall establish | ||
administrative rules specifying
the criteria for determining | ||
eligibility for and the amount and nature of
assistance to be | ||
provided. The Department may also enter into written
agreements | ||
with private and public social service agencies to provide
| ||
emergency financial services to families referred by the | ||
Department.
Special financial assistance payments shall be | ||
available to a family no
more than once during each fiscal year | ||
and the total payments to a
family may not exceed $500 during a | ||
fiscal year.
| ||
(q) The Department may receive and use, in their entirety, | ||
for the
benefit of children any gift, donation or bequest of | ||
money or other
property which is received on behalf of such | ||
children, or any financial
benefits to which such children are | ||
or may become entitled while under
the jurisdiction or care of | ||
the Department.
| ||
The Department shall set up and administer no-cost, | ||
interest-bearing accounts in appropriate financial |
institutions
for children for whom the Department is legally | ||
responsible and who have been
determined eligible for Veterans' | ||
Benefits, Social Security benefits,
assistance allotments from | ||
the armed forces, court ordered payments, parental
voluntary | ||
payments, Supplemental Security Income, Railroad Retirement
| ||
payments, Black Lung benefits, or other miscellaneous | ||
payments. Interest
earned by each account shall be credited to | ||
the account, unless
disbursed in accordance with this | ||
subsection.
| ||
In disbursing funds from children's accounts, the | ||
Department
shall:
| ||
(1) Establish standards in accordance with State and | ||
federal laws for
disbursing money from children's | ||
accounts. In all
circumstances,
the Department's | ||
"Guardianship Administrator" or his or her designee must
| ||
approve disbursements from children's accounts. The | ||
Department
shall be responsible for keeping complete | ||
records of all disbursements for each account for any | ||
purpose.
| ||
(2) Calculate on a monthly basis the amounts paid from | ||
State funds for the
child's board and care, medical care | ||
not covered under Medicaid, and social
services; and | ||
utilize funds from the child's account, as
covered by | ||
regulation, to reimburse those costs. Monthly, | ||
disbursements from
all children's accounts, up to 1/12 of | ||
$13,000,000, shall be
deposited by the Department into the |
General Revenue Fund and the balance over
1/12 of | ||
$13,000,000 into the DCFS Children's Services Fund.
| ||
(3) Maintain any balance remaining after reimbursing | ||
for the child's costs
of care, as specified in item (2). | ||
The balance shall accumulate in accordance
with relevant | ||
State and federal laws and shall be disbursed to the child | ||
or his
or her guardian, or to the issuing agency.
| ||
(r) The Department shall promulgate regulations | ||
encouraging all adoption
agencies to voluntarily forward to the | ||
Department or its agent names and
addresses of all persons who | ||
have applied for and have been approved for
adoption of a | ||
hard-to-place or handicapped child and the names of such
| ||
children who have not been placed for adoption. A list of such | ||
names and
addresses shall be maintained by the Department or | ||
its agent, and coded
lists which maintain the confidentiality | ||
of the person seeking to adopt the
child and of the child shall | ||
be made available, without charge, to every
adoption agency in | ||
the State to assist the agencies in placing such
children for | ||
adoption. The Department may delegate to an agent its duty to
| ||
maintain and make available such lists. The Department shall | ||
ensure that
such agent maintains the confidentiality of the | ||
person seeking to adopt the
child and of the child.
| ||
(s) The Department of Children and Family Services may | ||
establish and
implement a program to reimburse Department and | ||
private child welfare
agency foster parents licensed by the | ||
Department of Children and Family
Services for damages |
sustained by the foster parents as a result of the
malicious or | ||
negligent acts of foster children, as well as providing third
| ||
party coverage for such foster parents with regard to actions | ||
of foster
children to other individuals. Such coverage will be | ||
secondary to the
foster parent liability insurance policy, if | ||
applicable. The program shall
be funded through appropriations | ||
from the General Revenue Fund,
specifically designated for such | ||
purposes.
| ||
(t) The Department shall perform home studies and | ||
investigations and
shall exercise supervision over visitation | ||
as ordered by a court pursuant
to the Illinois Marriage and | ||
Dissolution of Marriage Act or the Adoption
Act only if:
| ||
(1) an order entered by an Illinois court specifically
| ||
directs the Department to perform such services; and
| ||
(2) the court has ordered one or both of the parties to
| ||
the proceeding to reimburse the Department for its | ||
reasonable costs for
providing such services in accordance | ||
with Department rules, or has
determined that neither party | ||
is financially able to pay.
| ||
The Department shall provide written notification to the | ||
court of the
specific arrangements for supervised visitation | ||
and projected monthly costs
within 60 days of the court order. | ||
The Department shall send to the court
information related to | ||
the costs incurred except in cases where the court
has | ||
determined the parties are financially unable to pay. The court | ||
may
order additional periodic reports as appropriate.
|
(u) In addition to other information that must be provided, | ||
whenever the Department places a child with a prospective | ||
adoptive parent or parents or in a licensed foster home,
group | ||
home, child care institution, or in a relative home, the | ||
Department
shall provide to the prospective adoptive parent or | ||
parents or other caretaker:
| ||
(1) available detailed information concerning the | ||
child's educational
and health history, copies of | ||
immunization records (including insurance
and medical card | ||
information), a history of the child's previous | ||
placements,
if any, and reasons for placement changes | ||
excluding any information that
identifies or reveals the | ||
location of any previous caretaker;
| ||
(2) a copy of the child's portion of the client service | ||
plan, including
any visitation arrangement, and all | ||
amendments or revisions to it as
related to the child; and
| ||
(3) information containing details of the child's | ||
individualized
educational plan when the child is | ||
receiving special education services.
| ||
The caretaker shall be informed of any known social or | ||
behavioral
information (including, but not limited to, | ||
criminal background, fire
setting, perpetuation of
sexual | ||
abuse, destructive behavior, and substance abuse) necessary to | ||
care
for and safeguard the children to be placed or currently | ||
in the home. The Department may prepare a written summary of | ||
the information required by this paragraph, which may be |
provided to the foster or prospective adoptive parent in | ||
advance of a placement. The foster or prospective adoptive | ||
parent may review the supporting documents in the child's file | ||
in the presence of casework staff. In the case of an emergency | ||
placement, casework staff shall at least provide known | ||
information verbally, if necessary, and must subsequently | ||
provide the information in writing as required by this | ||
subsection.
| ||
The information described in this subsection shall be | ||
provided in writing. In the case of emergency placements when | ||
time does not allow prior review, preparation, and collection | ||
of written information, the Department shall provide such | ||
information as it becomes available. Within 10 business days | ||
after placement, the Department shall obtain from the | ||
prospective adoptive parent or parents or other caretaker a | ||
signed verification of receipt of the information provided. | ||
Within 10 business days after placement, the Department shall | ||
provide to the child's guardian ad litem a copy of the | ||
information provided to the prospective adoptive parent or | ||
parents or other caretaker. The information provided to the | ||
prospective adoptive parent or parents or other caretaker shall | ||
be reviewed and approved regarding accuracy at the supervisory | ||
level.
| ||
(u-5) Effective July 1, 1995, only foster care placements | ||
licensed as
foster family homes pursuant to the Child Care Act | ||
of 1969 shall be eligible to
receive foster care payments from |
the Department.
Relative caregivers who, as of July 1, 1995, | ||
were approved pursuant to approved
relative placement rules | ||
previously promulgated by the Department at 89 Ill.
Adm. Code | ||
335 and had submitted an application for licensure as a foster | ||
family
home may continue to receive foster care payments only | ||
until the Department
determines that they may be licensed as a | ||
foster family home or that their
application for licensure is | ||
denied or until September 30, 1995, whichever
occurs first.
| ||
(v) The Department shall access criminal history record | ||
information
as defined in the Illinois Uniform Conviction | ||
Information Act and information
maintained in the adjudicatory | ||
and dispositional record system as defined in
Section 2605-355 | ||
of the
Department of State Police Law (20 ILCS 2605/2605-355)
| ||
if the Department determines the information is necessary to | ||
perform its duties
under the Abused and Neglected Child | ||
Reporting Act, the Child Care Act of 1969,
and the Children and | ||
Family Services Act. The Department shall provide for
| ||
interactive computerized communication and processing | ||
equipment that permits
direct on-line communication with the | ||
Department of State Police's central
criminal history data | ||
repository. The Department shall comply with all
certification | ||
requirements and provide certified operators who have been
| ||
trained by personnel from the Department of State Police. In | ||
addition, one
Office of the Inspector General investigator | ||
shall have training in the use of
the criminal history | ||
information access system and have
access to the terminal. The |
Department of Children and Family Services and its
employees | ||
shall abide by rules and regulations established by the | ||
Department of
State Police relating to the access and | ||
dissemination of
this information.
| ||
(v-1) Prior to final approval for placement of a child, the | ||
Department shall conduct a criminal records background check of | ||
the prospective foster or adoptive parent, including | ||
fingerprint-based checks of national crime information | ||
databases. Final approval for placement shall not be granted if | ||
the record check reveals a felony conviction for child abuse or | ||
neglect, for spousal abuse, for a crime against children, or | ||
for a crime involving violence, including rape, sexual assault, | ||
or homicide, but not including other physical assault or | ||
battery, or if there is a felony conviction for physical | ||
assault, battery, or a drug-related offense committed within | ||
the past 5 years. | ||
(v-2) Prior to final approval for placement of a child, the | ||
Department shall check its child abuse and neglect registry for | ||
information concerning prospective foster and adoptive | ||
parents, and any adult living in the home. If any prospective | ||
foster or adoptive parent or other adult living in the home has | ||
resided in another state in the preceding 5 years, the | ||
Department shall request a check of that other state's child | ||
abuse and neglect registry.
| ||
(w) Within 120 days of August 20, 1995 (the effective date | ||
of Public Act
89-392), the Department shall prepare and submit |
to the Governor and the
General Assembly, a written plan for | ||
the development of in-state licensed
secure child care | ||
facilities that care for children who are in need of secure
| ||
living
arrangements for their health, safety, and well-being. | ||
For purposes of this
subsection, secure care facility shall | ||
mean a facility that is designed and
operated to ensure that | ||
all entrances and exits from the facility, a building
or a | ||
distinct part of the building, are under the exclusive control | ||
of the
staff of the facility, whether or not the child has the | ||
freedom of movement
within the perimeter of the facility, | ||
building, or distinct part of the
building. The plan shall | ||
include descriptions of the types of facilities that
are needed | ||
in Illinois; the cost of developing these secure care | ||
facilities;
the estimated number of placements; the potential | ||
cost savings resulting from
the movement of children currently | ||
out-of-state who are projected to be
returned to Illinois; the | ||
necessary geographic distribution of these
facilities in | ||
Illinois; and a proposed timetable for development of such
| ||
facilities. | ||
(x) The Department shall conduct annual credit history | ||
checks to determine the financial history of children placed | ||
under its guardianship pursuant to the Juvenile Court Act of | ||
1987. The Department shall conduct such credit checks starting | ||
when a ward turns 12 years old and each year thereafter for the | ||
duration of the guardianship as terminated pursuant to the | ||
Juvenile Court Act of 1987. The Department shall determine if |
financial exploitation of the child's personal information has | ||
occurred. If financial exploitation appears to have taken place | ||
or is presently ongoing, the Department shall notify the proper | ||
law enforcement agency, the proper State's Attorney, or the | ||
Attorney General. | ||
(y) Beginning on the effective date of this amendatory Act | ||
of the 96th General Assembly, a child with a disability who | ||
receives residential and educational services from the | ||
Department shall be eligible to receive transition services in | ||
accordance with Article 14 of the School Code from the age of | ||
14.5 through age 21, inclusive, notwithstanding the child's | ||
residential services arrangement. For purposes of this | ||
subsection, "child with a disability" means a child with a | ||
disability as defined by the federal Individuals with | ||
Disabilities Education Improvement Act of 2004. | ||
(Source: P.A. 95-10, eff. 6-30-07; 95-601, eff. 9-11-07; | ||
95-642, eff. 6-1-08; 95-876, eff. 8-21-08; 96-134, eff. 8-7-09; | ||
96-581, eff. 1-1-10; 96-600, eff. 8-21-09; 96-619, eff. 1-1-10; | ||
96-760, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1189, eff. | ||
7-22-10.)
| ||
(20 ILCS 505/7) (from Ch. 23, par. 5007)
| ||
Sec. 7. Placement of children; considerations.
| ||
(a) In placing any child under this Act, the Department | ||
shall place the
child, as far as possible, in the care and | ||
custody of some individual
holding the same religious belief as |
the parents of the child, or with some
child care facility | ||
which is operated by persons of like religious faith as
the | ||
parents of such child.
| ||
(a-5) In placing a child under this Act, the Department | ||
shall place the child with the child's
sibling or siblings | ||
under Section 7.4 of this Act unless the placement is not in | ||
each child's best
interest, or is otherwise not possible under | ||
the Department's rules. If the child is not
placed with a | ||
sibling under the Department's rules, the Department shall | ||
consider
placements that are likely to develop, preserve, | ||
nurture, and support sibling relationships, where
doing so is | ||
in each child's best interest. | ||
(b) In placing a child under this Act, the Department may | ||
place a child
with a relative if the Department determines that | ||
the relative
will be able to adequately provide for the child's | ||
safety and welfare based on the factors set forth in the | ||
Department's rules governing relative placements, and that the | ||
placement is consistent with the child's best interests, taking | ||
into consideration the factors set out in subsection (4.05) of | ||
Section 1-3 of the Juvenile Court Act of 1987. | ||
When the Department first assumes custody of a child, in | ||
placing that child under this Act, the Department shall make | ||
reasonable efforts to identify and locate a relative who is | ||
ready, willing, and able to care for the child. At a minimum, | ||
these efforts shall be renewed each time the child requires a | ||
placement change and it is appropriate for the child to be |
cared for in a home environment. The Department must document | ||
its efforts to identify and locate such a relative placement | ||
and maintain the documentation in the child's case file. | ||
If the Department determines that a placement with any | ||
identified relative is not in the child's best interests or | ||
that the relative does not meet the requirements to be a | ||
relative caregiver, as set forth in Department rules or by | ||
statute, the Department must document the basis for that | ||
decision and maintain the documentation in the child's case | ||
file.
| ||
If, pursuant to the Department's rules, any person files an | ||
administrative appeal of the Department's decision not to place | ||
a child with a relative, it is the Department's burden to prove | ||
that the decision is consistent with the child's best | ||
interests. | ||
When the Department determines that the child requires | ||
placement in an environment, other than a home environment, the | ||
Department shall continue to make reasonable efforts to | ||
identify and locate relatives to serve as visitation resources | ||
for the child and potential future placement resources, except | ||
when the Department determines that those efforts would be | ||
futile or inconsistent with the child's best interests. | ||
If the Department determines that efforts to identify and | ||
locate relatives would be futile or inconsistent with the | ||
child's best interests, the Department shall document the basis | ||
of its determination and maintain the documentation in the |
child's case file. | ||
If the Department determines that an individual or a group | ||
of relatives are inappropriate to serve as visitation resources | ||
or possible placement resources, the Department shall document | ||
the basis of its determination and maintain the documentation | ||
in the child's case file. | ||
When the Department determines that an individual or a | ||
group of relatives are appropriate to serve as visitation | ||
resources or possible future placement resources, the | ||
Department shall document the basis of its determination, | ||
maintain the documentation in the child's case file, create a | ||
visitation or transition plan, or both, and incorporate the | ||
visitation or transition plan, or both, into the child's case | ||
plan. For the purpose of this subsection, any determination as | ||
to the child's best interests shall include consideration of | ||
the factors set out in subsection (4.05) of Section 1-3 of the | ||
Juvenile Court Act of 1987.
| ||
The Department may not place a child with a relative, with | ||
the exception of
certain circumstances which may be waived as | ||
defined by the Department in
rules, if the results of a check | ||
of the Law Enforcement Agencies
Data System (LEADS) identifies | ||
a prior criminal conviction of the relative or
any adult member | ||
of the relative's household for any of the following offenses
| ||
under the Criminal Code of 1961 or the Criminal Code of 2012 :
| ||
(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, 11-13, 11-35, | ||
11-40, and 11-45;
| ||
(3) kidnapping;
| ||
(3.1) aggravated unlawful restraint;
| ||
(3.2) forcible detention;
| ||
(3.3) aiding and abetting child abduction;
| ||
(4) aggravated kidnapping;
| ||
(5) child abduction;
| ||
(6) aggravated battery of a child as described in | ||
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
| ||
(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 as described in Section 12-4.1 or |
subdivision (a)(2) of Section 12-3.05;
| ||
(12) aggravated battery with a firearm as described in | ||
Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||
(e)(4) of Section 12-3.05;
| ||
(13) tampering with food, drugs, or cosmetics;
| ||
(14) drug-induced infliction of great bodily harm as | ||
described in Section 12-4.7 or subdivision (g)(1) of | ||
Section 12-3.05;
| ||
(15) aggravated stalking;
| ||
(16) home invasion;
| ||
(17) vehicular invasion;
| ||
(18) criminal transmission of HIV;
| ||
(19) criminal abuse or neglect of an elderly or | ||
disabled person as described in Section 12-21 or subsection | ||
(b) of Section 12-4.4a;
| ||
(20) child abandonment;
| ||
(21) endangering the life or health of a child;
| ||
(22) ritual mutilation;
| ||
(23) ritualized abuse of a child;
| ||
(24) an offense in any other state the elements of | ||
which are similar and
bear a substantial relationship to | ||
any of the foregoing offenses.
| ||
For the purpose of this subsection, "relative" shall include
| ||
any person, 21 years of age or over, other than the parent, who | ||
(i) is
currently related to the child in any of the following | ||
ways by blood or
adoption: grandparent, sibling, |
great-grandparent, uncle, aunt, nephew, niece,
first cousin, | ||
second cousin, godparent, great-uncle, or great-aunt; or (ii) | ||
is
the spouse of such a
relative; or (iii) is the child's | ||
step-father, step-mother, or adult
step-brother or | ||
step-sister; "relative" also includes a person related in any
| ||
of the foregoing ways to a sibling of a child, even though the | ||
person is not
related to the child, when the
child and its | ||
sibling are placed together with that person. For children who | ||
have been in the guardianship of the Department, have been | ||
adopted, and are subsequently returned to the temporary custody | ||
or guardianship of the Department, a "relative" may also | ||
include any person who would have qualified as a relative under | ||
this paragraph prior to the adoption, but only if the | ||
Department determines, and documents, that it would be in the | ||
child's best interests to consider this person a relative, | ||
based upon the factors for determining best interests set forth | ||
in subsection (4.05) of Section 1-3 of the Juvenile Court Act | ||
of 1987. A relative with
whom a child is placed pursuant to | ||
this subsection may, but is not required to,
apply for | ||
licensure as a foster family home pursuant to the Child Care | ||
Act of
1969; provided, however, that as of July 1, 1995, foster | ||
care payments shall be
made only to licensed foster family | ||
homes pursuant to the terms of Section 5 of
this Act.
| ||
(c) In placing a child under this Act, the Department shall | ||
ensure that
the child's health, safety, and best interests are | ||
met.
In rejecting placement of a child with an identified |
relative, the Department shall ensure that the child's health, | ||
safety, and best interests are met. In evaluating the best | ||
interests of the child, the Department shall take into | ||
consideration the factors set forth in subsection (4.05) of | ||
Section 1-3 of the Juvenile Court Act of 1987.
| ||
The Department shall consider the individual needs of the
| ||
child and the capacity of the prospective foster or adoptive
| ||
parents to meet the needs of the child. When a child must be | ||
placed
outside his or her home and cannot be immediately | ||
returned to his or her
parents or guardian, a comprehensive, | ||
individualized assessment shall be
performed of that child at | ||
which time the needs of the child shall be
determined. Only if | ||
race, color, or national origin is identified as a
legitimate | ||
factor in advancing the child's best interests shall it be
| ||
considered. Race, color, or national origin shall not be | ||
routinely
considered in making a placement decision. The | ||
Department shall make
special
efforts for the diligent | ||
recruitment of potential foster and adoptive families
that | ||
reflect the ethnic and racial diversity of the children for | ||
whom foster
and adoptive homes are needed. "Special efforts" | ||
shall include contacting and
working with community | ||
organizations and religious organizations and may
include | ||
contracting with those organizations, utilizing local media | ||
and other
local resources, and conducting outreach activities.
| ||
(c-1) At the time of placement, the Department shall | ||
consider concurrent
planning, as described in subsection (l-1) |
of Section 5, so that permanency may
occur at the earliest | ||
opportunity. Consideration should be given so that if
| ||
reunification fails or is delayed, the placement made is the | ||
best available
placement to provide permanency for the child.
| ||
(d) The Department may accept gifts, grants, offers of | ||
services, and
other contributions to use in making special | ||
recruitment efforts.
| ||
(e) The Department in placing children in adoptive or | ||
foster care homes
may not, in any policy or practice relating | ||
to the placement of children for
adoption or foster care, | ||
discriminate against any child or prospective adoptive
or | ||
foster parent on the basis of race.
| ||
(Source: P.A. 96-1551, Article 1, Section 900, eff. 7-1-11; | ||
96-1551, Article 2, Section 920, eff. 7-1-11; 97-1076, eff. | ||
8-24-12; 97-1109, eff. 1-1-13.)
| ||
(20 ILCS 505/9.3) (from Ch. 23, par. 5009.3)
| ||
Sec. 9.3. Declarations by Parents and Guardians. | ||
Information requested
of parents and guardians shall be | ||
submitted on forms or questionnaires prescribed
by the | ||
Department or units of local government as the case may be and | ||
shall
contain a written declaration to be signed by the parent | ||
or guardian in substantially
the following form:
| ||
"I declare under penalties of perjury that I have examined | ||
this form or
questionnaire and all accompanying statements or | ||
documents pertaining to
my income, or any other matter having |
bearing upon my status and ability to
provide payment for care | ||
and training of my child, and to the best of my
knowledge and | ||
belief the information supplied is true, correct, and | ||
complete".
| ||
A person who makes and subscribes a form or questionnaire | ||
which contains,
as herein above provided, a written declaration | ||
that it is made under the
penalties of perjury, knowing it to | ||
be false, incorrect or incomplete, in
respect to any material | ||
statement or representative bearing upon his status
as a parent | ||
or guardian, or upon his income, resources, or other matter
| ||
concerning his ability to provide parental payment, shall be | ||
subject to
the penalties for perjury provided for in Section | ||
32-2 of the " Criminal
Code of 2012 1961", approved July 28, | ||
1961, as amended .
| ||
Parents who refuse to provide such information after three | ||
written requests
from the Department will be liable for the | ||
full cost of care provided,
from the commencement of such care | ||
until the required information is received.
| ||
(Source: P.A. 83-1037.)
| ||
Section 60. The Department of Natural Resources | ||
(Conservation) Law of the
Civil Administrative Code of Illinois | ||
is amended by changing Section 805-540 as follows:
| ||
(20 ILCS 805/805-540) (was 20 ILCS 805/63b2.6)
| ||
Sec. 805-540. Enforcement of adjoining state's laws. The
|
Director may
grant authority to the officers of any adjoining | ||
state who are authorized and
directed to enforce the laws of | ||
that state relating to the protection of flora
and fauna to | ||
take any of the following actions and have the following powers
| ||
within the State of Illinois:
| ||
(1) To follow, seize, and return to the adjoining state | ||
any flora or
fauna or part thereof shipped or taken from | ||
the adjoining state in
violation of the laws of that state | ||
and brought into this State.
| ||
(2) To dispose of any such flora or fauna or part | ||
thereof under the
supervision of an Illinois Conservation | ||
Police Officer.
| ||
(3) To enforce as an agent of this State, with the same | ||
powers as an
Illinois Conservation Police Officer, each of | ||
the following laws of this
State:
| ||
(i) The Illinois Endangered Species Protection | ||
Act.
| ||
(ii) The Fish and Aquatic Life Code.
| ||
(iii) The Wildlife Code.
| ||
(iv) The Wildlife Habitat Management Areas Act.
| ||
(v) Section 48-3 of the Criminal Code of 2012 1961 | ||
(hunter or fisherman interference).
| ||
(vi) The Illinois Non-Game Wildlife Protection | ||
Act.
| ||
(vii) The Ginseng Harvesting Act.
| ||
(viii) The State Forest Act.
|
(ix) The Forest Products Transportation Act.
| ||
(x) The Timber Buyers Licensing Act.
| ||
Any officer of an adjoining state acting under a power or | ||
authority granted
by the Director pursuant to this
Section | ||
shall act without compensation or other benefits from this | ||
State and
without this State having any liability for the acts | ||
or omissions of that
officer.
| ||
(Source: P.A. 96-397, eff. 1-1-10; 97-1108, eff. 1-1-13.)
| ||
Section 65. The Department of Natural Resources (Mines and | ||
Minerals)
Law of the Civil Administrative Code of Illinois is | ||
amended by changing Section 1905-110 as follows:
| ||
(20 ILCS 1905/1905-110) (was 20 ILCS 1905/45.1)
| ||
Sec. 1905-110. Verified documents; penalty for fraud. | ||
Applications and other documents filed for the purpose of
| ||
obtaining permits, certificates, or other licenses under Acts | ||
administered
by the Department shall
be verified or contain
| ||
written affirmation that they are signed under the penalties of | ||
perjury. A
person who knowingly signs a fraudulent document | ||
commits perjury as defined
in Section 32-2 of the Criminal Code | ||
of 2012 1961 and for the purpose of this
Section shall be | ||
guilty of a Class A misdemeanor.
| ||
(Source: P.A. 91-239, eff. 1-1-00.)
| ||
Section 70. The Department of Professional Regulation Law |
of the
Civil Administrative Code of Illinois is amended by | ||
changing Section 2105-25 as follows:
| ||
(20 ILCS 2105/2105-25) (was 20 ILCS 2105/60.01)
| ||
Sec. 2105-25. Perjury; penalty. Each document required to | ||
be
filed under any Act
administered by the Department shall be | ||
verified or contain a written
affirmation that it is signed | ||
under the penalties of perjury. An applicant
or registrant who | ||
knowingly signs a fraudulent document commits perjury as
| ||
defined in Section 32-2 of the Criminal Code of 2012 1961 and | ||
for the purpose of
this Section shall be guilty of a Class A | ||
misdemeanor.
| ||
(Source: P.A. 91-239, eff. 1-1-00.)
| ||
Section 75. The Department of Revenue Law of the
Civil | ||
Administrative Code of Illinois is amended by changing Section | ||
2505-400 as follows:
| ||
(20 ILCS 2505/2505-400) (was 20 ILCS 2505/39b49)
| ||
Sec. 2505-400. Contracts for collection assistance.
| ||
(a) The Department has the
power to contract for collection | ||
assistance on a contingent fee
basis, with collection fees to | ||
be retained by the collection agency and the
net collections to | ||
be paid to the Department.
In the case of any liability | ||
referred to a collection agency on or after July
1,
2003, any | ||
fee
charged to the State by the collection agency shall be |
considered additional
State tax of the
taxpayer imposed under | ||
the Act under which the tax being collected was imposed,
shall | ||
be
deemed assessed at the time payment of the tax is made to | ||
the collection
agency,
and shall
be separately stated in any | ||
statement or notice of the liability issued by the
collection | ||
agency
to the taxpayer.
| ||
(b) The Department has the power to enter into written | ||
agreements with
State's Attorneys for pursuit of civil | ||
liability under subsection (E) of Section 17-1 of the
Criminal | ||
Code of 2012 1961 against persons who have issued to the | ||
Department checks
or other orders in violation of the | ||
provisions of paragraph (1) of subsection
(B) of Section 17-1 | ||
of the Criminal Code of 2012 1961 . Of the amount collected, the
| ||
Department shall retain the amount owing upon the dishonored | ||
check or order
along with the dishonored check fee imposed | ||
under the Uniform Penalty and
Interest Act. The balance of | ||
damages, fees, and costs collected under subsection (E) of | ||
Section
17-1 of the Criminal Code of 2012 1961 or under Section | ||
17-1a of that Code shall be retained by the State's Attorney.
| ||
The agreement shall not affect the allocation of fines and | ||
costs imposed in any
criminal prosecution.
| ||
(c) The Department may issue the Secretary of the Treasury | ||
of the United
States (or his or her delegate) notice, as | ||
required by Section 6402(e) of the
Internal Revenue Code, of | ||
any past due, legally enforceable State income tax
obligation | ||
of a taxpayer. The Department must notify the taxpayer that any |
fee
charged to the State by the Secretary of the Treasury of | ||
the United States (or
his
or her delegate) under Internal | ||
Revenue Code Section 6402(e) is
considered additional State | ||
income tax of the taxpayer with respect to whom the
Department | ||
issued the notice, and is deemed assessed upon issuance by
the | ||
Department of notice to the Secretary of the Treasury of the | ||
United States
(or his or her delegate) under Section 6402(e) of | ||
the Internal Revenue Code; a
notice of additional State income | ||
tax is not considered a notice of
deficiency, and the taxpayer | ||
has no right of protest.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
Section 80. The Department of State Police Law of the
Civil | ||
Administrative Code of Illinois is amended by changing Sections | ||
2605-390 and 2605-585 as follows:
| ||
(20 ILCS 2605/2605-390) (was 20 ILCS 2605/55a in part)
| ||
Sec. 2605-390. Hate crimes.
| ||
(a) To collect and disseminate information relating to
| ||
"hate crimes" as defined under Section 12-7.1 of the Criminal | ||
Code of 2012 1961
contingent upon the availability of State or
| ||
federal funds to revise and upgrade the Illinois Uniform Crime | ||
Reporting
System. All law enforcement agencies shall report | ||
monthly to the Department concerning those offenses in the
form | ||
and in the manner prescribed by rules and regulations adopted | ||
by the Department. The information shall be compiled by the |
Department and
be
disseminated upon request to any local law | ||
enforcement agency, unit of
local government, or State agency. | ||
Dissemination of the
information shall
be subject to all | ||
confidentiality requirements otherwise imposed by law.
| ||
(b) The Department shall provide training for State
Police
| ||
officers in identifying, responding to, and reporting all hate | ||
crimes.
The Illinois Law Enforcement Training Standards Board
| ||
shall develop and certify a course of such training to be made | ||
available to
local law enforcement officers.
| ||
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | ||
eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||
eff. 8-14-98;
91-239, eff. 1-1-00.)
| ||
(20 ILCS 2605/2605-585) | ||
Sec. 2605-585. Money Laundering Asset Recovery Fund. | ||
Moneys and the sale proceeds distributed to the Department of | ||
State Police pursuant to clause (h)(6)(C) of Section 29B-1 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012 shall be | ||
deposited in a special fund in the State treasury to be known | ||
as the Money Laundering Asset Recovery Fund. The moneys | ||
deposited in the Money Laundering Asset Recovery Fund shall be | ||
appropriated to and administered by the Department of State | ||
Police for State law enforcement purposes.
| ||
(Source: P.A. 96-1234, eff. 7-23-10.) | ||
Section 85. The Criminal Identification Act is amended by |
changing Sections 2.1, 2.2, and 5.2 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 or | ||
subdivision (b)(1) of Section 12-3.05 of the
Criminal Code of | ||
1961 or the Criminal Code of 2012 , 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 or subdivision (b)(1) of | ||
Section 12-3.05 of the Criminal Code of
1961 or the | ||
Criminal Code of 2012 , 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. 96-1551, eff. 7-1-11 .)
| ||
(20 ILCS 2630/2.2) | ||
Sec. 2.2. Notification to the Department. Upon judgment of | ||
conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, | ||
12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 when the
defendant has been determined, pursuant | ||
to Section 112A-11.1 of the Code of Criminal Procedure of 1963 ,
| ||
to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the | ||
circuit court clerk shall
include notification and a copy of |
the written determination in a report
of the conviction to the | ||
Department of State Police Firearm Owner's Identification Card | ||
Office to
enable the office to perform its duties under | ||
Sections 4 and 8 of the Firearm Owners Identification Card Act | ||
and to report that determination to the Federal Bureau
of | ||
Investigation to assist the Bureau in identifying persons | ||
prohibited
from purchasing and possessing a firearm pursuant to | ||
the provisions of
18 U.S.C. 922. The written determination | ||
described in this Section shall be included in the defendant's | ||
record of arrest and conviction in the manner and form | ||
prescribed by the Department of State Police.
| ||
(Source: P.A. 97-1131, eff. 1-1-13; revised 10-10-12.)
| ||
(20 ILCS 2630/5.2)
| ||
Sec. 5.2. Expungement and sealing. | ||
(a) General Provisions. | ||
(1) Definitions. In this Act, words and phrases have
| ||
the meanings set forth in this subsection, except when a
| ||
particular context clearly requires a different meaning. | ||
(A) The following terms shall have the meanings | ||
ascribed to them in the Unified Code of Corrections, | ||
730 ILCS 5/5-1-2 through 5/5-1-22: | ||
(i) Business Offense (730 ILCS 5/5-1-2), | ||
(ii) Charge (730 ILCS 5/5-1-3), | ||
(iii) Court (730 ILCS 5/5-1-6), | ||
(iv) Defendant (730 ILCS 5/5-1-7), |
(v) Felony (730 ILCS 5/5-1-9), | ||
(vi) Imprisonment (730 ILCS 5/5-1-10), | ||
(vii) Judgment (730 ILCS 5/5-1-12), | ||
(viii) Misdemeanor (730 ILCS 5/5-1-14), | ||
(ix) Offense (730 ILCS 5/5-1-15), | ||
(x) Parole (730 ILCS 5/5-1-16), | ||
(xi) Petty Offense (730 ILCS 5/5-1-17), | ||
(xii) Probation (730 ILCS 5/5-1-18), | ||
(xiii) Sentence (730 ILCS 5/5-1-19), | ||
(xiv) Supervision (730 ILCS 5/5-1-21), and | ||
(xv) Victim (730 ILCS 5/5-1-22). | ||
(B) As used in this Section, "charge not initiated | ||
by arrest" means a charge (as defined by 730 ILCS | ||
5/5-1-3) brought against a defendant where the | ||
defendant is not arrested prior to or as a direct | ||
result of the charge. | ||
(C) "Conviction" means a judgment of conviction or | ||
sentence entered upon a plea of guilty or upon a | ||
verdict or finding of guilty of an offense, rendered by | ||
a legally constituted jury or by a court of competent | ||
jurisdiction authorized to try the case without a jury. | ||
An order of supervision successfully completed by the | ||
petitioner is not a conviction. An order of qualified | ||
probation (as defined in subsection (a)(1)(J)) | ||
successfully completed by the petitioner is not a | ||
conviction. An order of supervision or an order of |
qualified probation that is terminated | ||
unsatisfactorily is a conviction, unless the | ||
unsatisfactory termination is reversed, vacated, or | ||
modified and the judgment of conviction, if any, is | ||
reversed or vacated. | ||
(D) "Criminal offense" means a petty offense, | ||
business offense, misdemeanor, felony, or municipal | ||
ordinance violation (as defined in subsection | ||
(a)(1)(H)). As used in this Section, a minor traffic | ||
offense (as defined in subsection (a)(1)(G)) shall not | ||
be considered a criminal offense. | ||
(E) "Expunge" means to physically destroy the | ||
records or return them to the petitioner and to | ||
obliterate the petitioner's name from any official | ||
index or public record, or both. Nothing in this Act | ||
shall require the physical destruction of the circuit | ||
court file, but such records relating to arrests or | ||
charges, or both, ordered expunged shall be impounded | ||
as required by subsections (d)(9)(A)(ii) and | ||
(d)(9)(B)(ii). | ||
(F) As used in this Section, "last sentence" means | ||
the sentence, order of supervision, or order of | ||
qualified probation (as defined by subsection | ||
(a)(1)(J)), for a criminal offense (as defined by | ||
subsection (a)(1)(D)) that terminates last in time in | ||
any jurisdiction, regardless of whether the petitioner |
has included the criminal offense for which the | ||
sentence or order of supervision or qualified | ||
probation was imposed in his or her petition. If | ||
multiple sentences, orders of supervision, or orders | ||
of qualified probation terminate on the same day and | ||
are last in time, they shall be collectively considered | ||
the "last sentence" regardless of whether they were | ||
ordered to run concurrently. | ||
(G) "Minor traffic offense" means a petty offense, | ||
business offense, or Class C misdemeanor under the | ||
Illinois Vehicle Code or a similar provision of a | ||
municipal or local ordinance. | ||
(H) "Municipal ordinance violation" means an | ||
offense defined by a municipal or local ordinance that | ||
is criminal in nature and with which the petitioner was | ||
charged or for which the petitioner was arrested and | ||
released without charging. | ||
(I) "Petitioner" means an adult or a minor | ||
prosecuted as an
adult who has applied for relief under | ||
this Section. | ||
(J) "Qualified probation" means an order of | ||
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 5-6-3.3 of the | ||
Unified Code of Corrections, 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, Section 40-10 of the Alcoholism | ||
and Other Drug Abuse and Dependency Act, or Section 10 | ||
of the Steroid Control Act. For the purpose of this | ||
Section, "successful completion" of an order of | ||
qualified probation under Section 10-102 of the | ||
Illinois Alcoholism and Other Drug Dependency Act and | ||
Section 40-10 of the Alcoholism and Other Drug Abuse | ||
and Dependency Act means that the probation was | ||
terminated satisfactorily and the judgment of | ||
conviction was vacated. | ||
(K) "Seal" means to physically and electronically | ||
maintain the records, unless the records would | ||
otherwise be destroyed due to age, but to make the | ||
records unavailable without a court order, subject to | ||
the exceptions in Sections 12 and 13 of this Act. The | ||
petitioner's name shall also be obliterated from the | ||
official index required to be kept by the circuit court | ||
clerk under Section 16 of the Clerks of Courts Act, but | ||
any index issued by the circuit court clerk before the | ||
entry of the order to seal shall not be affected. | ||
(L) "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. | ||
(M) "Terminate" as it relates to a sentence or | ||
order of supervision or qualified probation includes | ||
either satisfactory or unsatisfactory termination of | ||
the sentence, unless otherwise specified in this | ||
Section. | ||
(2) Minor Traffic Offenses.
Orders of supervision or | ||
convictions for minor traffic offenses shall not affect a | ||
petitioner's eligibility to expunge or seal records | ||
pursuant to this Section. | ||
(3) Exclusions. Except as otherwise provided in | ||
subsections (b)(5), (b)(6), (e), and (e-5) of this Section, | ||
the court shall not order: | ||
(A) the sealing or expungement of the records of | ||
arrests or charges not initiated by arrest that result | ||
in an order of supervision for or conviction of:
(i) | ||
any sexual offense committed against a
minor; (ii) | ||
Section 11-501 of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance; or (iii) | ||
Section 11-503 of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance, unless the | ||
arrest or charge is for a misdemeanor violation of | ||
subsection (a) of Section 11-503 or a similar provision | ||
of a local ordinance, that occurred prior to the | ||
offender reaching the age of 25 years and the offender | ||
has no other conviction for violating Section 11-501 or |
11-503 of the Illinois Vehicle Code or a similar | ||
provision of a local ordinance. | ||
(B) the sealing or expungement of records of minor | ||
traffic offenses (as defined in subsection (a)(1)(G)), | ||
unless the petitioner was arrested and released | ||
without charging. | ||
(C) the sealing of the records of arrests or | ||
charges not initiated by arrest which result in an | ||
order of supervision, an order of qualified probation | ||
(as defined in subsection (a)(1)(J)), or a conviction | ||
for the following offenses: | ||
(i) offenses included in Article 11 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 | ||
or a similar provision of a local ordinance, except | ||
Section 11-14 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, or a similar provision of a | ||
local ordinance; | ||
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | ||
26-5, or 48-1 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, or a similar provision of a | ||
local ordinance; | ||
(iii) offenses defined as "crimes of violence" | ||
in Section 2 of the Crime Victims Compensation Act | ||
or a similar provision of a local ordinance; | ||
(iv) offenses which are Class A misdemeanors | ||
under the Humane Care for Animals Act; or |
(v) any offense or attempted offense that | ||
would subject a person to registration under the | ||
Sex Offender Registration Act. | ||
(D) the sealing of the records of an arrest which | ||
results in
the petitioner being charged with a felony | ||
offense or records of a charge not initiated by arrest | ||
for a felony offense unless: | ||
(i) the charge is amended to a misdemeanor and | ||
is otherwise
eligible to be sealed pursuant to | ||
subsection (c); | ||
(ii) the charge is brought along with another | ||
charge as a part of one case and the charge results | ||
in acquittal, dismissal, or conviction when the | ||
conviction was reversed or vacated, and another | ||
charge brought in the same case results in a | ||
disposition for a misdemeanor offense that is | ||
eligible to be sealed pursuant to subsection (c) or | ||
a disposition listed in paragraph (i), (iii), or | ||
(iv) of this subsection; | ||
(iii) the charge results in first offender | ||
probation as set forth in subsection (c)(2)(E); | ||
(iv) the charge is for a Class 4 felony offense | ||
listed in subsection (c)(2)(F) or the charge is | ||
amended to a Class 4 felony offense listed in | ||
subsection (c)(2)(F). Records of arrests which | ||
result in the petitioner being charged with a Class |
4 felony offense listed in subsection (c)(2)(F), | ||
records of charges not initiated by arrest for | ||
Class 4 felony offenses listed in subsection | ||
(c)(2)(F), and records of charges amended to a | ||
Class 4 felony offense listed in (c)(2)(F) may be | ||
sealed, regardless of the disposition, subject to | ||
any waiting periods set forth in subsection | ||
(c)(3); | ||
(v) the charge results in acquittal, | ||
dismissal, or the petitioner's release without | ||
conviction; or | ||
(vi) the charge results in a conviction, but | ||
the conviction was reversed or vacated. | ||
(b) Expungement. | ||
(1) A petitioner may petition the circuit court to | ||
expunge the
records of his or her arrests and charges not | ||
initiated by arrest when: | ||
(A) He or she has never been convicted of a | ||
criminal offense; and | ||
(B) Each arrest or charge not initiated by arrest
| ||
sought to be expunged resulted in:
(i) acquittal, | ||
dismissal, or the petitioner's release without | ||
charging, unless excluded by subsection (a)(3)(B);
| ||
(ii) a conviction which was vacated or reversed, unless | ||
excluded by subsection (a)(3)(B);
(iii) an order of | ||
supervision and such supervision was successfully |
completed by the petitioner, unless excluded by | ||
subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of | ||
qualified probation (as defined in subsection | ||
(a)(1)(J)) and such probation was successfully | ||
completed by the petitioner. | ||
(2) Time frame for filing a petition to expunge. | ||
(A) When the arrest or charge not initiated by | ||
arrest sought to be expunged resulted in an acquittal, | ||
dismissal, the petitioner's release without charging, | ||
or the reversal or vacation of a conviction, there is | ||
no waiting period to petition for the expungement of | ||
such records. | ||
(B) When the arrest or charge not initiated by | ||
arrest
sought to be expunged resulted in an order of | ||
supervision, successfully
completed by the petitioner, | ||
the following time frames will apply: | ||
(i) Those arrests or charges that resulted in | ||
orders of
supervision under Section 3-707, 3-708, | ||
3-710, or 5-401.3 of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance, or under | ||
Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012, or a | ||
similar provision of a local ordinance, shall not | ||
be eligible for expungement until 5 years have | ||
passed following the satisfactory termination of | ||
the supervision. |
(i-5) Those arrests or charges that resulted | ||
in orders of supervision for a misdemeanor | ||
violation of subsection (a) of Section 11-503 of | ||
the Illinois Vehicle Code or a similar provision of | ||
a local ordinance, that occurred prior to the | ||
offender reaching the age of 25 years and the | ||
offender has no other conviction for violating | ||
Section 11-501 or 11-503 of the Illinois Vehicle | ||
Code or a similar provision of a local ordinance | ||
shall not be eligible for expungement until the | ||
petitioner has reached the age of 25 years. | ||
(ii) Those arrests or charges that resulted in | ||
orders
of supervision for any other offenses shall | ||
not be
eligible for expungement until 2 years have | ||
passed
following the satisfactory termination of | ||
the supervision. | ||
(C) When the arrest or charge not initiated by | ||
arrest sought to
be expunged resulted in an order of | ||
qualified probation, successfully
completed by the | ||
petitioner, such records shall not be eligible for
| ||
expungement until 5 years have passed following the | ||
satisfactory
termination of the probation. | ||
(3) 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. |
(4) Whenever a person has been arrested for or | ||
convicted of any
offense, in the name of a person whose | ||
identity he or she 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
| ||
or her 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 or her 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 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. | ||
(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 petitioner's trial to have a court order entered to | ||
seal
the records of the circuit court clerk 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 circuit court clerk in
| ||
connection with the proceedings of the trial court
| ||
concerning the offense available for public inspection. | ||
(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 petitioner 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. | ||
(7) Nothing in this Section 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 5-6-3.3 of the Unified Code of Corrections, | ||
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012 , | ||
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. | ||
(c) Sealing. | ||
(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) Eligible Records. The following records may be | ||
sealed: | ||
(A) All arrests resulting in release without | ||
charging; | ||
(B) Arrests or charges not initiated by arrest | ||
resulting in acquittal, dismissal, or conviction when | ||
the conviction was reversed or vacated, except as | ||
excluded by subsection (a)(3)(B); |
(C) Arrests or charges not initiated by arrest | ||
resulting in orders of supervision successfully | ||
completed by the petitioner, unless excluded by | ||
subsection (a)(3); | ||
(D) Arrests or charges not initiated by arrest | ||
resulting in convictions unless excluded by subsection | ||
(a)(3); | ||
(E) Arrests or charges not initiated by arrest | ||
resulting in orders of first offender 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, or Section 5-6-3.3 of the Unified Code of | ||
Corrections; and | ||
(F) Arrests or charges not initiated by arrest | ||
resulting in Class 4 felony convictions for the | ||
following offenses: | ||
(i) Section 11-14 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012 ; | ||
(ii) Section 4 of the Cannabis Control Act; | ||
(iii) Section 402 of the Illinois Controlled | ||
Substances Act; | ||
(iv) the Methamphetamine Precursor Control | ||
Act; and | ||
(v) the Steroid Control Act. | ||
(3) When Records Are Eligible to Be Sealed. Records |
identified as eligible under subsection (c)(2) may be | ||
sealed as follows: | ||
(A) Records identified as eligible under | ||
subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | ||
time. | ||
(B) Records identified as eligible under | ||
subsection (c)(2)(C) may be sealed
(i) 3 years after | ||
the termination of petitioner's last sentence (as | ||
defined in subsection (a)(1)(F)) if the petitioner has | ||
never been convicted of a criminal offense (as defined | ||
in subsection (a)(1)(D)); or
(ii) 4 years after the | ||
termination of the petitioner's last sentence (as | ||
defined in subsection (a)(1)(F)) if the petitioner has | ||
ever been convicted of a criminal offense (as defined | ||
in subsection (a)(1)(D)). | ||
(C) Records identified as eligible under | ||
subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be | ||
sealed 4 years after the termination of the | ||
petitioner's last sentence (as defined in subsection | ||
(a)(1)(F)). | ||
(D) Records identified in subsection | ||
(a)(3)(A)(iii) may be sealed after the petitioner has | ||
reached the age of 25 years. | ||
(4) Subsequent felony convictions. A person may not | ||
have
subsequent felony conviction records sealed as | ||
provided in this subsection
(c) if he or she is convicted |
of any felony offense after the date of the
sealing of | ||
prior felony convictions as provided in this subsection | ||
(c). The court may, upon conviction for a subsequent felony | ||
offense, order the unsealing of prior felony conviction | ||
records previously ordered sealed by the court. | ||
(5) Notice of eligibility for sealing. Upon entry of a | ||
disposition for an eligible record under this subsection | ||
(c), the petitioner shall be informed by the court of the | ||
right to have the records sealed and the procedures for the | ||
sealing of the records. | ||
(d) Procedure. The following procedures apply to | ||
expungement under subsections (b) and (e), and sealing under | ||
subsections (c) and (e-5): | ||
(1) Filing the petition. Upon becoming eligible to | ||
petition for
the expungement or sealing of records under | ||
this Section, the petitioner shall file a petition | ||
requesting the expungement
or sealing of records with the | ||
clerk of the court where the arrests occurred or the | ||
charges were brought, or both. If arrests occurred or | ||
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. | ||
(2) Contents of petition. The petition shall be
| ||
verified and shall contain the petitioner's name, date of
| ||
birth, current address and, for each arrest or charge not | ||
initiated by
arrest sought to be sealed or expunged, the |
case number, the date of
arrest (if any), 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
circuit court | ||
clerk of any change of his or her address. If the | ||
petitioner has received a certificate of eligibility for | ||
sealing from the Prisoner Review Board under paragraph (10) | ||
of subsection (a) of Section 3-3-2 of the Unified Code of | ||
Corrections, the certificate shall be attached to the | ||
petition. | ||
(3) Drug test. The petitioner must attach to the | ||
petition proof that the petitioner has passed a test taken | ||
within 30 days before the filing of the petition showing | ||
the absence within his or her body of all illegal | ||
substances as defined by the Illinois Controlled | ||
Substances Act, the Methamphetamine Control and Community | ||
Protection Act, and the Cannabis Control Act if he or she | ||
is petitioning to seal felony records pursuant to clause | ||
(c)(2)(E), (c)(2)(F)(ii)-(v), or (e-5) or if he or she is | ||
petitioning to expunge felony records of a qualified | ||
probation pursuant to clause (b)(1)(B)(iv). | ||
(4) Service of petition. The circuit court 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. | ||
(5) Objections. | ||
(A) Any party entitled to notice of the petition | ||
may file an objection to the petition. All objections | ||
shall be in writing, shall be filed with the circuit | ||
court clerk, and shall state with specificity the basis | ||
of the objection. | ||
(B) Objections to a petition to expunge or seal | ||
must be filed within 60 days of the date of service of | ||
the petition. | ||
(6) Entry of order. | ||
(A) 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 petitioner's trial, if any, shall rule on the | ||
petition to expunge or seal as set forth in this | ||
subsection (d)(6). | ||
(B) Unless the State's Attorney or prosecutor, the | ||
Department of
State Police, the arresting agency, or | ||
the chief legal officer
files an objection to the | ||
petition to expunge or seal within 60 days from the | ||
date of service of the petition, the court shall enter | ||
an order granting or denying the petition. | ||
(7) Hearings. If an objection is filed, the court shall | ||
set a date for a hearing and notify the petitioner and all |
parties entitled to notice of the petition of the hearing | ||
date at least 30 days prior to the hearing, and shall hear | ||
evidence on whether the petition should or should not be | ||
granted, and shall grant or deny the petition to expunge or | ||
seal the records based on the evidence presented at the | ||
hearing. | ||
(8) Service of order. After entering an order to | ||
expunge or
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. | ||
(9) Effect of order. | ||
(A) Upon entry of an order to expunge records | ||
pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | ||
(i) the records shall be expunged (as defined | ||
in subsection (a)(1)(E)) by the arresting agency, | ||
the Department, and any other agency as ordered by | ||
the court, within 60 days of the date of service of | ||
the order, unless a motion to vacate, modify, or | ||
reconsider the order is filed pursuant to | ||
paragraph (12) of subsection (d) of this Section; | ||
(ii) the records of the circuit court clerk |
shall be impounded until further order of the court | ||
upon good cause shown and the name of the | ||
petitioner 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; | ||
and | ||
(iii) in response to an inquiry for expunged | ||
records, the court, the Department, or the agency | ||
receiving such inquiry, shall reply as it does in | ||
response to inquiries when no records ever | ||
existed. | ||
(B) Upon entry of an order to expunge records | ||
pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | ||
(i) the records shall be expunged (as defined | ||
in subsection (a)(1)(E)) by the arresting agency | ||
and any other agency as ordered by the court, | ||
within 60 days of the date of service of the order, | ||
unless a motion to vacate, modify, or reconsider | ||
the order is filed pursuant to paragraph (12) of | ||
subsection (d) of this Section; | ||
(ii) the records of the circuit court clerk | ||
shall be impounded until further order of the court | ||
upon good cause shown and the name of the | ||
petitioner 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; | ||
(iii) the records shall be impounded by the
| ||
Department within 60 days of the date of service of | ||
the order as ordered by the court, unless a motion | ||
to vacate, modify, or reconsider the order is filed | ||
pursuant to paragraph (12) of subsection (d) of | ||
this Section; | ||
(iv) records impounded 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 a similar offense or for the purpose of | ||
sentencing for any subsequent felony, and to the | ||
Department of Corrections upon conviction for any | ||
offense; and | ||
(v) in response to an inquiry for such records | ||
from anyone not authorized by law to access such | ||
records the court, the Department, or the agency | ||
receiving such inquiry shall reply as it does in | ||
response to inquiries when no records ever | ||
existed. | ||
(C) Upon entry of an order to seal records under | ||
subsection
(c), the arresting agency, any other agency |
as ordered by the court, the Department, and the court | ||
shall seal the records (as defined in subsection | ||
(a)(1)(K)). In response to an inquiry for such records | ||
from anyone not authorized by law to access such | ||
records the court, the Department, or the agency | ||
receiving such inquiry shall reply as it does in | ||
response to inquiries when no records ever existed. | ||
(10) Fees. The Department may charge the petitioner a | ||
fee equivalent to the cost of processing any order to | ||
expunge or seal records. Notwithstanding any provision of | ||
the Clerks of Courts Act to the contrary, the circuit court | ||
clerk may charge a fee equivalent to the cost associated | ||
with the sealing or expungement of records by the circuit | ||
court clerk. From the total filing fee collected for the | ||
petition to seal or expunge, the circuit court clerk shall | ||
deposit $10 into the Circuit Court Clerk Operation and | ||
Administrative Fund, to be used to offset the costs | ||
incurred by the circuit court clerk in performing the | ||
additional duties required to serve the petition to seal or | ||
expunge on all parties. The circuit court clerk shall | ||
collect and forward the Department of State Police portion | ||
of the fee to the Department and it shall be deposited in | ||
the State Police Services Fund. | ||
(11) Final Order. No court order issued under the | ||
expungement or sealing provisions of this Section shall | ||
become final for purposes of appeal until 30 days after |
service of the order on the petitioner and all parties | ||
entitled to notice of the petition. | ||
(12) Motion to Vacate, Modify, or Reconsider. The | ||
petitioner or any party entitled to notice may file a | ||
motion to vacate, modify, or reconsider the order granting | ||
or denying the petition to expunge or seal within 60 days | ||
of service of the order. | ||
(e) Whenever a person who has been convicted of an offense | ||
is granted
a pardon by the Governor which specifically | ||
authorizes expungement, he or she 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, 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 circuit court clerk 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 or she 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 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
| ||
circuit court clerk shall promptly mail a copy of the order to | ||
the
person who was pardoned. | ||
(e-5) Whenever a person who has been convicted of an | ||
offense is granted a certificate of eligibility for sealing by | ||
the Prisoner Review Board which specifically authorizes | ||
sealing, he or she 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 petitioner's trial, have a court order | ||
entered sealing the record of arrest from the official records | ||
of the arresting authority and order that the records of the | ||
circuit court clerk 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 petitioner 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 or she had been granted the certificate 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 this Act or to the arresting authority, a law | ||
enforcement agency, 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 sealing, the | ||
circuit court clerk shall promptly mail a copy of the order to | ||
the person who was granted the certificate of eligibility for | ||
sealing. | ||
(f) 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. 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, 2010.
| ||
(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10; | ||
96-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff. |
7-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443, | ||
eff. 8-19-11; 97-698, eff, 1-1-13; 97-1026, eff. 1-1-13; | ||
97-1108, eff. 1-1-13; 97-1109, 1-1-13; 97-1118, eff. 1-1-13; | ||
97-1120, eff. 1-1-13; revised 9-20-12.) | ||
Section 90. 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 or subdivision (b)(1) of Section | ||
12-3.05 of the Criminal Code of 1961 or the Criminal Code of |
2012 , 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. 96-1551, eff. 7-1-11 .)
| ||
Section 95. The Sex Offender Management Board Act is | ||
amended by changing Section 10 as follows: | ||
(20 ILCS 4026/10)
| ||
Sec. 10. Definitions. In this Act, unless the context | ||
otherwise
requires:
| ||
(a) "Board" means the Sex Offender Management Board created | ||
in Section 15.
| ||
(b) "Sex offender" means any person who is convicted or | ||
found delinquent in
the State of Illinois, or under any | ||
substantially similar federal law or
law of another state, of | ||
any sex offense or attempt of a sex offense as defined
in
| ||
subsection (c) of this Section, or any former statute of this | ||
State that
defined a felony sex offense, or who has been | ||
declared as a sexually dangerous
person under the Sexually | ||
Dangerous Persons Act or declared a sexually
violent person | ||
under the Sexually Violent Persons Commitment Act, or any
| ||
substantially similar
federal law or law of another state.
| ||
(c) "Sex offense" means any felony or misdemeanor offense | ||
described in this
subsection (c) as follows:
| ||
(1) Indecent solicitation of a child, in violation of | ||
Section 11-6 of the
Criminal Code of 1961 or the Criminal | ||
Code of 2012 ;
|
(2) Indecent solicitation of an adult, in violation of | ||
Section 11-6.5 of
the Criminal Code of 1961 or the Criminal | ||
Code of 2012 ;
| ||
(3) Public indecency, in violation of Section 11-9 or | ||
11-30 of the Criminal Code of
1961 or the Criminal Code of | ||
2012 ;
| ||
(4) Sexual exploitation of a child, in violation of | ||
Section 11-9.1 of the
Criminal Code of 1961 or the Criminal | ||
Code of 2012 ;
| ||
(5) Sexual relations within families, in violation of | ||
Section 11-11 of the
Criminal Code of 1961 or the Criminal | ||
Code of 2012 ;
| ||
(6) Promoting juvenile prostitution or soliciting for | ||
a juvenile prostitute, in violation of Section 11-14.4 or | ||
11-15.1
of
the Criminal Code of 1961 or the Criminal Code | ||
of 2012 ;
| ||
(7) Promoting juvenile prostitution or keeping a place | ||
of juvenile prostitution, in violation of Section
11-14.4 | ||
or 11-17.1 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 ;
| ||
(8) Patronizing a juvenile prostitute, in violation of | ||
Section 11-18.1 of
the Criminal Code of 1961 or the | ||
Criminal Code of 2012 ;
| ||
(9) Promoting juvenile prostitution or juvenile | ||
pimping, in violation of Section 11-14.4 or 11-19.1 of the | ||
Criminal
Code
of 1961 or the Criminal Code of 2012 ;
|
(10) promoting juvenile prostitution or exploitation | ||
of a child, in violation of Section 11-14.4 or 11-19.2 of | ||
the
Criminal Code of 1961 or the Criminal Code of 2012 ;
| ||
(11) Child pornography, in violation of Section | ||
11-20.1 of the Criminal
Code
of 1961 or the Criminal Code | ||
of 2012 ;
| ||
(11.5) Aggravated child pornography, in violation of | ||
Section 11-20.1B or 11-20.3 of the Criminal Code of 1961; | ||
(12) Harmful material, in violation of Section 11-21 of | ||
the Criminal Code
of
1961 or the Criminal Code of 2012 ;
| ||
(13) Criminal sexual assault, in violation of Section | ||
11-1.20 or 12-13 of the
Criminal
Code of 1961 or the | ||
Criminal Code of 2012 ;
| ||
(13.5) Grooming, in violation of Section 11-25 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 ; | ||
(14) Aggravated criminal sexual assault, in violation | ||
of Section 11-1.30 or 12-14 of
the Criminal Code of 1961 or | ||
the Criminal Code of 2012 ;
| ||
(14.5) Traveling to meet a minor, in violation of | ||
Section 11-26 of the Criminal Code of
1961 or the Criminal | ||
Code of 2012 ; | ||
(15) Predatory criminal sexual assault of a child, in | ||
violation of Section
11-1.40 or 12-14.1 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 ;
| ||
(16) Criminal sexual abuse, in violation of Section | ||
11-1.50 or 12-15 of the Criminal
Code of 1961 or the |
Criminal Code of 2012 ;
| ||
(17) Aggravated criminal sexual abuse, in violation of | ||
Section 11-1.60 or 12-16 of
the
Criminal Code of 1961 or | ||
the Criminal Code of 2012 ;
| ||
(18) Ritualized abuse of a child, in violation of | ||
Section 12-33 of the
Criminal Code of 1961 or the Criminal | ||
Code of 2012 ;
| ||
(19) An attempt to commit any of the offenses | ||
enumerated in this
subsection
(c); or
| ||
(20) Any felony offense under Illinois law that is | ||
sexually motivated.
| ||
(d) "Management" means treatment, and supervision of any | ||
sex
offender that conforms to the standards created by the | ||
Board under
Section 15.
| ||
(e) "Sexually motivated" means one or more of the facts of | ||
the underlying
offense indicates conduct that is of a sexual | ||
nature or that shows an intent to
engage in behavior of a | ||
sexual nature.
| ||
(f) "Sex offender evaluator" means a person licensed under | ||
the Sex Offender Evaluation and Treatment Provider Act to | ||
conduct sex offender evaluations. | ||
(g) "Sex offender treatment provider" means a person | ||
licensed under the Sex Offender Evaluation and Treatment | ||
Provider Act to provide sex offender treatment services. | ||
(h) "Associate sex offender provider" means a person | ||
licensed under the Sex Offender Evaluation and Treatment |
Provider Act to provide sex offender evaluations and to provide | ||
sex offender treatment under the supervision of a licensed sex | ||
offender evaluator or a licensed sex offender treatment | ||
provider. | ||
(Source: P.A. 96-1551, eff. 7-1-11; 97-1098, eff. 1-1-13.)
| ||
Section 110. The Illinois Procurement Code is amended by | ||
changing Sections 45-57, 50-5, and 50-70 as follows: | ||
(30 ILCS 500/45-57) | ||
Sec. 45-57. Veterans. | ||
(a) Set-aside goal. It is the goal of the State to promote | ||
and encourage the continued economic development of small | ||
businesses owned and controlled by qualified veterans and that | ||
qualified service-disabled veteran-owned small businesses | ||
(referred to as SDVOSB) and veteran-owned small businesses | ||
(referred to as VOSB) participate in the State's procurement | ||
process as both prime contractors and subcontractors. Not less | ||
than 3% of the total dollar amount of State contracts, as | ||
defined by the Director of Central Management Services, shall | ||
be established as a goal to be awarded to SDVOSB and VOSB. That
| ||
portion of a contract under which the contractor subcontracts
| ||
with a SDVOSB or VOSB may be counted toward the
goal of this | ||
subsection. The Department of Central Management Services | ||
shall adopt rules to implement compliance with this subsection | ||
by all State agencies. |
(b) Fiscal year reports. By each September 1, each chief | ||
procurement officer shall report to the Department of Central | ||
Management Services on all of the following for the immediately | ||
preceding fiscal year, and by each March 1 the Department of | ||
Central Management Services shall compile and report that | ||
information to the General Assembly: | ||
(1) The total number of VOSB, and the number of SDVOSB, | ||
who submitted bids for contracts under this Code. | ||
(2) The total number of VOSB, and the number of SDVOSB, | ||
who entered into contracts with the State under this Code | ||
and the total value of those contracts. | ||
(c) Yearly review and recommendations. Each year, each | ||
chief procurement officer shall review the progress of all | ||
State agencies under its jurisdiction in meeting the goal | ||
described in subsection (a), with input from statewide | ||
veterans' service organizations and from the business | ||
community, including businesses owned by qualified veterans, | ||
and shall make recommendations to be included in the Department | ||
of Central Management Services' report to the General Assembly | ||
regarding continuation, increases, or decreases of the | ||
percentage goal. The recommendations shall be based upon the | ||
number of businesses that are owned by qualified veterans and | ||
on the continued need to encourage and promote businesses owned | ||
by qualified veterans. | ||
(d) Governor's recommendations. To assist the State in | ||
reaching the goal described in subsection (a), the Governor |
shall recommend to the General Assembly changes in programs to | ||
assist businesses owned by qualified veterans. | ||
(e) Definitions. As used in this Section: | ||
"Armed forces of the United States" means the United States | ||
Army, Navy, Air Force, Marine Corps, Coast Guard, or service in | ||
active duty as defined under 38 U.S.C. Section 101. Service in | ||
the Merchant Marine that constitutes active duty under Section | ||
401 of federal Public Act 95-202 shall also be considered | ||
service in the armed forces for purposes of this Section. | ||
"Certification" means a determination made by the Illinois | ||
Department of Veterans' Affairs and the Department of Central | ||
Management Services that a business entity is a qualified | ||
service-disabled veteran-owned small business or a qualified | ||
veteran-owned small business for whatever purpose. A SDVOSB or | ||
VOSB owned and controlled by females, minorities, or persons | ||
with disabilities, as those terms are defined in Section 2 of | ||
the Business Enterprise for Minorities, Females, and Persons | ||
with Disabilities Act, shall select and designate whether that | ||
business is to be certified as a "female-owned business", | ||
"minority-owned business", or "business owned by a person with | ||
a disability", as defined in Section 2 of the Business | ||
Enterprise for Minorities, Females, and Persons with | ||
Disabilities Act, or as a qualified SDVOSB or qualified VOSB | ||
under this Section. | ||
"Control" means the exclusive, ultimate, majority, or sole | ||
control of the business, including but not limited to capital |
investment and all other financial matters, property, | ||
acquisitions, contract negotiations, legal matters, | ||
officer-director-employee selection and comprehensive hiring, | ||
operation responsibilities, cost-control matters, income and | ||
dividend matters, financial transactions, and rights of other | ||
shareholders or joint partners. Control shall be real, | ||
substantial, and continuing, not pro forma. Control shall | ||
include the power to direct or cause the direction of the | ||
management and policies of the business and to make the | ||
day-to-day as well as major decisions in matters of policy, | ||
management, and operations. Control shall be exemplified by | ||
possessing the requisite knowledge and expertise to run the | ||
particular business, and control shall not include simple | ||
majority or absentee ownership. | ||
"Qualified service-disabled veteran" means a
veteran who | ||
has been found to have 10% or more service-connected disability | ||
by the United States Department of Veterans Affairs or the | ||
United States Department of Defense. | ||
"Qualified service-disabled veteran-owned small business" | ||
or "SDVOSB" means a small business (i) that is at least 51% | ||
owned by one or more qualified service-disabled veterans living | ||
in Illinois or, in the case of a corporation, at least 51% of | ||
the stock of which is owned by one or more qualified | ||
service-disabled veterans living in Illinois; (ii) that has its | ||
home office in Illinois; and (iii) for which items (i) and (ii) | ||
are factually verified annually by the Department of Central |
Management Services. | ||
"Qualified veteran-owned small business" or "VOSB" means a | ||
small business (i) that is at least 51% owned by one or more | ||
qualified veterans living in Illinois or, in the case of a | ||
corporation, at least 51% of the stock of which is owned by one | ||
or more qualified veterans living in Illinois; (ii) that has | ||
its home office in Illinois; and (iii) for which items (i) and | ||
(ii) are factually verified annually by the Department of | ||
Central Management Services. | ||
"Service-connected disability" means a disability incurred | ||
in the line of duty in the active military, naval, or air | ||
service as described in 38 U.S.C. 101(16). | ||
"Small business" means a business that has annual gross | ||
sales of less than $75,000,000 as evidenced by the federal | ||
income tax return of the business. A firm with gross sales in | ||
excess of this cap may apply to the Department of Central | ||
Management Services for certification for a particular | ||
contract if the firm can demonstrate that the contract would | ||
have significant impact on SDVOSB or VOSB as suppliers or | ||
subcontractors or in employment of veterans or | ||
service-disabled veterans. | ||
"State agency" has the same meaning as in Section 2 of the | ||
Business Enterprise for Minorities, Females, and Persons with | ||
Disabilities Act. | ||
"Time of hostilities with a foreign country" means any | ||
period of time in the past, present, or future during which a |
declaration of war by the United States Congress has been or is | ||
in effect or during which an emergency condition has been or is | ||
in effect that is recognized by the issuance of a Presidential | ||
proclamation or a Presidential executive order and in which the | ||
armed forces expeditionary medal or other campaign service | ||
medals are awarded according to Presidential executive order. | ||
"Veteran" means a person who (i) has been a member of the | ||
armed forces of the United States or, while a citizen of the | ||
United States, was a member of the armed forces of allies of | ||
the United States in time of hostilities with a foreign country | ||
and (ii) has served under one or more of the following | ||
conditions: (a) the veteran served a total of at least 6 | ||
months; (b) the veteran served for the duration of hostilities | ||
regardless of the length of the engagement; (c) the veteran was | ||
discharged on the basis of hardship; or (d) the veteran was | ||
released from active duty because of a service connected | ||
disability and was discharged under honorable conditions. | ||
(f) Certification program. The Illinois Department of | ||
Veterans' Affairs and the Department of Central Management | ||
Services shall work together to devise a certification | ||
procedure to assure that businesses taking advantage of this | ||
Section are legitimately classified as qualified | ||
service-disabled veteran-owned small businesses or qualified | ||
veteran-owned small businesses.
| ||
(g) Penalties. | ||
(1) Administrative penalties. The Department of |
Central Management Services shall suspend any person who | ||
commits a violation of Section 17-10.3 or subsection (d) of | ||
Section 33E-6 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 relating to this Section from bidding on, or | ||
participating as a contractor, subcontractor, or supplier | ||
in, any State contract or project for a period of not less | ||
than 3 years, and, if the person is certified as a | ||
service-disabled veteran-owned small business or a | ||
veteran-owned small business, then the Department shall | ||
revoke the business's certification for a period of not | ||
less than 3 years. An additional or subsequent violation | ||
shall extend the periods of suspension and revocation for a | ||
period of not less than 5 years. The suspension and | ||
revocation shall apply to the principals of the business | ||
and any subsequent business formed or financed by, or | ||
affiliated with, those principals. | ||
(2) Reports of violations. Each State agency shall | ||
report any alleged violation of Section 17-10.3 or | ||
subsection (d) of Section 33E-6 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 relating to this Section | ||
to the Department of Central Management Services. The | ||
Department of Central Management Services shall | ||
subsequently report all such alleged violations to the | ||
Attorney General, who shall determine whether to bring a | ||
civil action against any person for the violation. | ||
(3) List of suspended persons. The Department of |
Central Management Services shall monitor the status of all | ||
reported violations of Section 17-10.3 or subsection (d) of | ||
Section 33E-6 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 relating to this Section and shall maintain | ||
and make available to all State agencies a central listing | ||
of all persons that committed violations resulting in | ||
suspension. | ||
(4) Use of suspended persons. During the period of a | ||
person's suspension under paragraph (1) of this | ||
subsection, a State agency shall not enter into any | ||
contract with that person or with any contractor using the | ||
services of that person as a subcontractor. | ||
(5) Duty to check list. Each State agency shall check | ||
the central listing provided by the Department of Central | ||
Management Services under paragraph (3) of this subsection | ||
to verify that a person being awarded a contract by that | ||
State agency, or to be used as a subcontractor or supplier | ||
on a contract being awarded by that State agency, is not | ||
under suspension pursuant to paragraph (1) of this | ||
subsection. | ||
(Source: P.A. 96-96, eff. 1-1-10; 97-260, eff. 8-5-11.)
| ||
(30 ILCS 500/50-5)
| ||
Sec. 50-5. Bribery.
| ||
(a) Prohibition. No person or business shall be awarded a
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contract or subcontract under
this Code who:
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(1) has been convicted under the laws of Illinois or
| ||
any other state of bribery
or attempting to bribe an | ||
officer or employee of the State of
Illinois or any other | ||
state in that
officer's or employee's official capacity; or
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(2) has made an admission of guilt of that conduct that
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is a matter of record but
has not been prosecuted for that | ||
conduct.
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(b) Businesses. No business shall be barred from
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contracting with any unit of State or
local government, or | ||
subcontracting under such a contract, as a result of a | ||
conviction under this Section of
any employee or agent of the
| ||
business if the employee or agent is no longer employed by the
| ||
business and:
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(1) the business has been finally adjudicated not
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guilty; or
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(2) the business demonstrates to the governmental
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entity with which it seeks to
contract or which is a | ||
signatory to the contract to which the subcontract relates, | ||
and that entity finds that the commission of the offense
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was not authorized, requested,
commanded, or performed by a | ||
director, officer, or high managerial
agent on behalf of | ||
the
business as provided in paragraph (2) of subsection (a) | ||
of Section
5-4 of the Criminal Code of
2012 1961 .
| ||
(c) Conduct on behalf of business. For purposes of this
| ||
Section, when an official, agent,
or employee of a business | ||
committed the bribery or attempted
bribery on behalf of the |
business
and in accordance with the direction or authorization | ||
of a responsible
official of the business, the
business shall | ||
be chargeable with the conduct.
| ||
(d) Certification. Every bid submitted to and contract
| ||
executed by the State and every subcontract subject to Section | ||
20-120 of this Code shall
contain a certification by the | ||
contractor or the subcontractor, respectively, that the | ||
contractor or subcontractor is
not barred from being awarded a
| ||
contract or subcontract under this Section and acknowledges | ||
that the chief procurement officer may declare the related | ||
contract void if any certifications required by this Section | ||
are false. If the false certification is made by a | ||
subcontractor, then the contractor's submitted bid and the | ||
executed contract may not be declared void, unless the | ||
contractor refuses to terminate the subcontract upon the | ||
State's request after a finding that the subcontract's | ||
certification was false. A contractor or subcontractor who
| ||
makes a false statement, material
to the certification, commits | ||
a Class 3 felony.
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(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||
for the effective date of changes made by P.A. 96-795); 97-895, | ||
eff. 8-3-12.)
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(30 ILCS 500/50-70)
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Sec. 50-70. Additional provisions. This Code is subject
to | ||
applicable provisions of
the following Acts:
|
(1) Article 33E of the Criminal Code of 2012 1961 ;
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(2) the Illinois Human Rights Act;
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(3) the Discriminatory Club Act;
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(4) the Illinois Governmental Ethics Act;
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(5) the State Prompt Payment Act;
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(6) the Public Officer Prohibited Activities Act;
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(7) the Drug Free Workplace Act;
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(8) the Illinois Power Agency Act;
| ||
(9)
the Employee Classification Act; and
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(10) the State Officials and Employees Ethics Act. | ||
(Source: P.A. 95-26, eff. 1-1-08; 95-481, eff. 8-28-07; 95-876, | ||
eff. 8-21-08; 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||
for the effective date of changes made by P.A. 96-795) .)
| ||
Section 115. The Intergovernmental Drug Laws Enforcement | ||
Act is amended by changing Section 3 as follows:
| ||
(30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
| ||
Sec. 3.
A Metropolitan Enforcement Group which meets the | ||
minimum
criteria established in this Section is eligible to | ||
receive State grants
to help defray the costs of operation. To | ||
be eligible a MEG must:
| ||
(1) Be established and operating pursuant to | ||
intergovernmental
contracts written and executed in conformity | ||
with the Intergovernmental
Cooperation Act, and involve 2 or | ||
more units of local government.
|
(2) Establish a MEG Policy Board composed of an elected | ||
official, or
his designee, and the chief law enforcement | ||
officer, or his designee,
from each participating unit of local | ||
government to oversee the
operations of the MEG and make such | ||
reports to the Department of State
Police as the Department may | ||
require.
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(3) Designate a single appropriate elected official of a
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participating unit of local government to act as the financial | ||
officer
of the MEG for all participating units of local | ||
government and to
receive funds for the operation of the MEG.
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(4) Limit its operations to enforcement of drug laws; | ||
enforcement of
Sections 24-2.1,
24-2.2, 24-3, 24-3.1, 24-3.3, | ||
24-3.4, 24-4, and 24-5 and subsections
24-1(a)(4), 24-1(a)(6), | ||
24-1(a)(7), 24-1(a)(9), 24-1(a)(10), and 24-1(c) of the
| ||
Criminal Code of 2012 1961 ; and the investigation of streetgang | ||
related offenses.
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(5) Cooperate with the Department of State Police in order | ||
to
assure compliance with this Act and to enable the Department | ||
to fulfill
its duties under this Act, and supply the Department | ||
with all
information the Department deems necessary therefor.
| ||
(6) Receive funding of at least 50% of the total operating | ||
budget of
the MEG from the participating units of local | ||
government.
| ||
(Source: P.A. 88-677, eff. 12-15-94.)
| ||
Section 120. The Illinois Income Tax Act is amended by |
changing Sections 504 and 1302 as follows:
| ||
(35 ILCS 5/504) (from Ch. 120, par. 5-504)
| ||
Sec. 504. Verification. Each return or notice required to | ||
be filed under this Act shall contain
or be verified by a | ||
written declaration that it is made under the penalties
of | ||
perjury. A taxpayer's signing a fraudulent return under this | ||
Act is
perjury, as defined in Section 32-2 of the Criminal Code | ||
of 2012 1961 .
| ||
(Source: P.A. 82-1009.)
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(35 ILCS 5/1302) (from Ch. 120, par. 13-1302)
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Sec. 1302. Willful Failure to Pay Over. Any person who | ||
accepts money that is due to the Department under this
Act from | ||
a taxpayer for the purpose of acting as the taxpayer's agent to
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make the payment to the Department, but who willfully fails to | ||
remit such
payment to the Department when due, shall be guilty | ||
of a Class A misdemeanor.
Any such person who purports to make | ||
such payment by issuing or delivering
a check or other order | ||
upon a real or fictitious depository for the payment
of money, | ||
knowing that it will not be paid by the depository, shall be | ||
guilty
of a deceptive practice in violation of Section 17-1 of | ||
the Criminal Code
of 2012 1961, as amended . Any person whose | ||
commercial domicile or whose
residence is in this State and who | ||
is charged with a violation under this
Section shall be tried | ||
in the county where his commercial domicile or his
residence is |
located unless he asserts a right to be tried in another
venue. | ||
A prosecution for any act in violation of this Section
may be | ||
commenced at any time within 5 years of the commission of that | ||
act.
| ||
(Source: P.A. 84-221.)
| ||
Section 125. The Use Tax Act is amended by changing | ||
Sections 14 and 15 as follows:
| ||
(35 ILCS 105/14) (from Ch. 120, par. 439.14)
| ||
Sec. 14.
When the amount due is under $300, any person | ||
subject to
the provisions hereof who fails to file a
return, or | ||
who violates any other provision of Section 9 or Section 10 | ||
hereof,
or who fails to keep books and records as required | ||
herein, or who files a
fraudulent return, or who wilfully | ||
violates any rule or regulation of the
Department for the | ||
administration and enforcement of the provisions hereof,
or any | ||
officer or agent of a corporation or manager, member, or agent | ||
of a
limited liability company subject hereto who signs a | ||
fraudulent return filed on
behalf of such corporation or | ||
limited liability company, or any accountant or
other agent who | ||
knowingly enters false information on the return of any
| ||
taxpayer under this Act, or any person who violates any of the | ||
provisions
of Sections 3, 5 or 7 hereof, or any purchaser who | ||
obtains a registration
number or resale number from the | ||
Department through misrepresentation, or
who represents to a |
seller that such purchaser has a registration number or
a | ||
resale number from the Department when he knows that he does | ||
not, or who
uses his registration number or resale number to | ||
make a seller believe that
he is buying tangible personal | ||
property for resale when such purchaser in
fact knows that this | ||
is not the case, is guilty of a Class 4 felony.
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Any person who violates any provision of Section 6 hereof, | ||
or who
engages in the business of selling tangible personal | ||
property at retail
after his Certificate of Registration under | ||
this Act has been revoked in
accordance with Section 12 of this | ||
Act, is guilty of a Class 4 felony.
Each day any such person is | ||
engaged in business in violation of Section 6,
or after his | ||
Certificate of Registration under this Act has been revoked,
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constitutes a separate offense.
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When the amount due is under $300, any person who accepts | ||
money that
is due to the Department under this Act from a | ||
taxpayer for the purpose of
acting as the taxpayer's agent to | ||
make the payment to the Department, but who
fails to remit such | ||
payment to the Department when due is guilty of a Class 4
| ||
felony.
Any such person who purports to make such payment by | ||
issuing or delivering
a check or other order upon a real or | ||
fictitious depository for the payment
of money, knowing that it | ||
will not be paid by the depository, shall be guilty
of a | ||
deceptive practice in violation of Section 17-1 of the Criminal | ||
Code
of 2012 1961, as amended .
| ||
When the amount due is $300 or more any person subject to |
the provisions
hereof who fails to file a return or who | ||
violates any other provision of
Section 9 or Section 10 hereof | ||
or who fails to keep books and records as
required herein or | ||
who files a fraudulent return, or who wilfully violates
any | ||
rule or regulation of the Department for the administration and
| ||
enforcement of the provisions hereof, or any officer or agent | ||
of a
corporation or manager, member, or agent of a limited | ||
liability company
subject hereto who signs a fraudulent return | ||
filed on behalf of
such corporation or limited liability | ||
company, or any accountant or other
agent who knowingly enters | ||
false information on the return of any taxpayer
under this Act | ||
or any person who violates any of the provisions of Sections 3,
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5 or 7 hereof or any purchaser who obtains a registration | ||
number or resale
number from the Department through | ||
misrepresentation, or who represents to a
seller that such | ||
purchaser has a registration number or a resale number from
the | ||
Department when he knows that he does not or who uses his | ||
registration
number or resale number to make a seller believe | ||
that he is buying tangible
personal property for resale when | ||
such purchaser in fact knows that this is not
the case, is | ||
guilty of a Class 3 felony.
| ||
When the amount due is $300 or more any person who accepts | ||
money that is
due to the Department under this Act from a | ||
taxpayer for the purpose of
acting as the taxpayer's agent to | ||
make the payment to the Department, but who
fails to remit such | ||
payment to the Department when due is guilty of a Class
3 |
felony. Any such person who purports to make such payment by | ||
issuing or
delivering a check or other order upon a real or | ||
fictitious depository for
the payment of money, knowing that it | ||
will not be paid by the depository
shall be guilty of a | ||
deceptive practice in violation of Section 17-1 of the
Criminal | ||
Code of 2012 1961, as amended .
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Any seller who collects or attempts to collect use tax | ||
measured by
receipts which such seller knows are not subject to | ||
use tax, or any seller
who knowingly over-collects or attempts | ||
to over-collect use tax in a
transaction which is subject to | ||
the tax that is imposed by this Act, shall
be guilty of a Class | ||
4 felony for each such offense. This paragraph
does not apply | ||
to an amount collected by the seller as use tax on receipts
| ||
which are subject to tax under this Act as long as such | ||
collection is made
in compliance with the tax collection | ||
brackets prescribed by the Department
in its Rules and | ||
Regulations.
| ||
Any taxpayer or agent of a taxpayer who with the intent to | ||
defraud
purports to make a payment due to the Department by | ||
issuing or delivering a
check or other order upon a real or | ||
fictitious depository for the payment
of money, knowing that it | ||
will not be paid by the depository, shall be
guilty of a | ||
deceptive practice in violation of Section 17-1 of the Criminal
| ||
Code of 2012 1961, as amended .
| ||
A prosecution for any act in violation of this Section may | ||
be commenced
at any time within 3 years of the commission of |
that Act.
| ||
This Section does not apply if the violation in a | ||
particular case also
constitutes a criminal violation of the | ||
Retailers' Occupation Tax Act.
| ||
(Source: P.A. 88-480.)
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(35 ILCS 105/15) (from Ch. 120, par. 439.15)
| ||
Sec. 15.
The tax herein imposed shall be in addition to all | ||
other
occupation or privilege taxes imposed by the State of | ||
Illinois or by any
municipal corporation or political | ||
subdivision thereof.
| ||
Any taxpayer or agent of a taxpayer who with the intent to | ||
defraud
purports to make a payment due to the Department by | ||
issuing or delivering a
check or other order upon a real or | ||
fictitious depository for the payment
of money, knowing that it | ||
will not be paid by the depository, shall be
guilty of a | ||
deceptive practice in violation of Section 17-1 of the Criminal
| ||
Code of 2012 1961, as amended .
| ||
(Source: P.A. 84-221.)
| ||
Section 130. The Service Use Tax Act is amended by changing | ||
Section 15 as follows:
| ||
(35 ILCS 110/15) (from Ch. 120, par. 439.45)
| ||
Sec. 15.
When the amount due is under $300, any person | ||
subject to
the provisions hereof who fails to file a
return, or |
who violates any other provision of Section 9 or Section 10 | ||
hereof,
or who fails to keep books and records as required | ||
herein, or who files a
fraudulent return, or who wilfully | ||
violates any Rule or Regulation of the
Department for the | ||
administration and enforcement of the provisions hereof,
or any | ||
officer or agent of a corporation, or manager, member, or agent | ||
of a
limited liability company, subject hereto who signs a | ||
fraudulent return filed
on behalf of such corporation or | ||
limited liability company, or any accountant
or other agent who | ||
knowingly enters false information on the return of any
| ||
taxpayer under this Act, or any person who violates any of the | ||
provisions
of Sections 3 and 5 hereof, or any purchaser who | ||
obtains a registration
number or resale number from the | ||
Department through misrepresentation, or
who represents to a | ||
seller that such purchaser has a registration number or
a | ||
resale number from the Department when he knows that he does | ||
not, or who
uses his registration number or resale number to | ||
make a seller believe that
he is buying tangible personal | ||
property for resale when such purchaser in
fact knows that this | ||
is not the case, is guilty of a Class 4 felony.
| ||
Any person who violates any provision of Section 6 hereof, | ||
or who
engages in the business of making sales of service after | ||
his Certificate of
Registration under this Act has been revoked | ||
in accordance with Section 12
of this Act, is guilty of a Class | ||
4 felony. Each day any such person
is engaged in business in | ||
violation of Section 6, or after his Certificate of
|
Registration under this Act has been revoked, constitutes a | ||
separate offense.
| ||
When the amount due is under $300, any person who accepts | ||
money that
is due to the Department under this Act from a | ||
taxpayer for the purpose of
acting as the taxpayer's agent to | ||
make the payment to the Department, but who
fails to remit such | ||
payment to the Department when due is guilty of a Class 4
| ||
felony. Any such person who purports to make such payment by | ||
issuing or
delivering a check or other order upon a real or | ||
fictitious depository for the
payment of money, knowing that it | ||
will not be paid by the depository, shall be
guilty of a | ||
deceptive practice in violation of Section 17-1 of the Criminal
| ||
Code of 2012 1961, as amended .
| ||
When the amount due is $300 or more, any person subject to | ||
the
provisions hereof who fails to file a return, or who | ||
violates any other
provision of Section 9 or Section 10 hereof, | ||
or who fails to keep books and
records as required herein or | ||
who files a fraudulent return, or who
willfully violates any | ||
rule or regulation of the Department for the
administration and | ||
enforcement of the provisions hereof, or any officer or
agent | ||
of a corporation, or manager, member, or agent of a limited | ||
liability
company, subject hereto who signs a fraudulent return | ||
filed on behalf of such
corporation or limited liability | ||
company, or any accountant or other agent who
knowingly enters | ||
false information on the return of any taxpayer under this
Act, | ||
or any person who violates any of the provisions of Sections 3 |
and 5
hereof, or any purchaser who obtains a registration | ||
number or resale number
from the Department through | ||
misrepresentation, or who represents to a
seller that such | ||
purchaser has a registration number or a resale number
from the | ||
Department when he knows that he does not, or who uses his
| ||
registration number or resale number to make a seller believe | ||
that he is buying tangible personal property for resale when | ||
such purchaser in
fact knows that this is not the case, is | ||
guilty of a Class 3 felony.
| ||
When the amount due is $300 or more, any person who accepts | ||
money that is
due to the Department under this Act from a | ||
taxpayer for the purpose of
acting as the taxpayer's agent to | ||
make the payment to the Department, but
who fails to remit such | ||
payment to the Department when due is guilty of a
Class 3 | ||
felony. Any such person who purports to make such payment by
| ||
issuing or delivering a check or other order upon a real or | ||
fictitious
depository for the payment of money, knowing that it | ||
will not be paid by
the depository, shall be guilty of a | ||
deceptive practice in violation of
Section 17-1 of the Criminal | ||
Code of 2012 1961, as amended .
| ||
Any serviceman who collects or attempts to collect Service | ||
Use Tax
measured by receipts or selling prices which such | ||
serviceman knows are not
subject to Service Use Tax, or any | ||
serviceman who knowingly over-collects
or attempts to | ||
over-collect Service Use Tax in a transaction which is
subject | ||
to the tax that is imposed by this Act, shall be guilty of a
|
Class 4 felony for each offense. This paragraph does not apply | ||
to an amount
collected by the serviceman as Service Use Tax on | ||
receipts or selling prices
which are subject to tax under this | ||
Act as long as such collection is made
in compliance with the | ||
tax collection brackets prescribed by the Department
in its | ||
Rules and Regulations.
| ||
Any taxpayer or agent of a taxpayer who with the intent to | ||
defraud
purports to make a payment due to the Department by | ||
issuing or delivering a
check or other order upon a real or | ||
fictitious depository for the payment
of money, knowing that it | ||
will not be paid by the depository, shall be
guilty of a | ||
deceptive practice in violation of Section 17-1 of the Criminal
| ||
Code of 2012 1961, as amended .
| ||
A prosecution for any Act in violation of this Section may | ||
be commenced
at any time within 3 years of the commission of | ||
that Act.
| ||
This Section does not apply if the violation in a | ||
particular case also
constitutes a criminal violation of the | ||
Retailers' Occupation Tax Act, the
Use Tax Act or the Service | ||
Occupation Tax Act.
| ||
(Source: P.A. 90-655, eff. 7-30-98; 91-51, eff. 6-30-99.)
| ||
Section 135. The Service Occupation Tax Act is amended by | ||
changing Section 15 as follows:
| ||
(35 ILCS 115/15) (from Ch. 120, par. 439.115)
|
Sec. 15.
When the amount due is under $300, any person | ||
subject to the
provisions hereof who fails to file a return, or | ||
who violates any other
provision of Section 9 or Section 10 | ||
hereof, or who fails to keep books and
records as required | ||
herein, or who files a fraudulent return, or who wilfully
| ||
violates any Rule or Regulation of the Department for the | ||
administration and
enforcement of the provisions hereof, or any | ||
officer or agent of a corporation,
or manager, member, or agent | ||
of a limited liability company, subject hereto who
signs a | ||
fraudulent return filed on behalf of such corporation or | ||
limited
liability company, or any accountant or other agent who | ||
knowingly enters false
information on the return of any | ||
taxpayer under this Act, or any person who
violates any of the | ||
provisions of Sections 3, 5 or 7 hereof, or any purchaser
who | ||
obtains a registration number or resale number from the | ||
Department through
misrepresentation, or who represents to a | ||
seller that such purchaser has a
registration number or a | ||
resale number from the Department when he knows that
he does | ||
not, or who uses his registration number or resale number to | ||
make a
seller believe that he is buying tangible personal | ||
property for resale when
such purchaser in fact knows that this | ||
is not the case, is guilty of a Class 4
felony.
| ||
Any person who violates any provision of Section 6 hereof, | ||
or who
engages in the business of making sales of service after | ||
his Certificate of
Registration under this Act has been revoked | ||
in accordance with Section 12
of this Act, is guilty of a Class |
4 felony. Each day any such person
is engaged in business in | ||
violation of Section 6, or after his Certificate of
| ||
Registration under this Act has been revoked, constitutes a | ||
separate offense.
| ||
When the amount due is under $300, any person who accepts | ||
money that
is due to the Department under this Act from a | ||
taxpayer for the purpose of
acting as the taxpayer's agent to | ||
make the payment to the Department, but
who fails to remit such | ||
payment to the Department when due is guilty of a
Class 4 | ||
felony. Any such person who purports to make such payment by
| ||
issuing or delivering a check or other order upon a real or | ||
fictitious
depository for the payment of money, knowing that it | ||
will not be paid by
the depository, shall be guilty of a | ||
deceptive practice in violation of
Section 17-1 of the Criminal | ||
Code of 2012 1961, as amended .
| ||
When the amount due is $300 or more, any person subject to | ||
the
provisions hereof who fails to file a return, or who | ||
violates any other
provision of Section 9 or Section 10 hereof, | ||
or who fails to keep books and
records as required herein, or | ||
who files a fraudulent return, or who
wilfully violates any | ||
rule or regulation of the Department for the
administration and | ||
enforcement of the provisions hereof, or any officer or
agent | ||
of a corporation, or manager, member, or agent of a limited | ||
liability
company, subject hereto who signs a fraudulent return | ||
filed on behalf of such
corporation or limited liability | ||
company, or any accountant or other agent who
knowingly enters |
false information on the return of any taxpayer under this
Act, | ||
or any person who violates any of the provisions of Sections 3, | ||
5 or 7
hereof, or any purchaser who obtains a registration | ||
number or resale number
from the Department through | ||
misrepresentation, or who represents to
a seller that such | ||
purchaser has a registration number or a resale number
from the | ||
Department when he knows that he does not, or who uses his
| ||
registration number or resale number to make a seller believe | ||
that he is
buying tangible personal property for resale when | ||
such purchaser in fact
knows that this is not the case, is | ||
guilty of a Class 3 felony.
| ||
When the amount due is $300 or more, any person who accepts | ||
money that is
due to the Department under this Act from a | ||
taxpayer for the purpose of
acting as the taxpayer's agent to | ||
make the payment to the
Department but who fails to remit such | ||
payment to the Department when due
is guilty of a Class 3 | ||
felony. Any such person who purports to make such
payment by | ||
issuing or delivering a check or other order upon a real or
| ||
fictitious depository for the payment of money, knowing that it | ||
will not be
paid by the depository shall be guilty of a | ||
deceptive practice in violation
of Section 17-1 of the Criminal | ||
Code of 2012 1961, as amended .
| ||
Any serviceman who collects or attempts to collect Service | ||
Occupation Tax,
measured by receipts which such serviceman | ||
knows are not subject to Service
Occupation Tax, or any | ||
serviceman who collects or attempts to collect an
amount |
(however designated) which purports to reimburse such | ||
serviceman for
Service Occupation Tax liability measured by | ||
receipts or selling prices which
such serviceman knows are not | ||
subject to Service Occupation Tax, or any
serviceman who | ||
knowingly over-collects or attempts to
over-collect Service | ||
Occupation Tax or an amount purporting to be
reimbursement for | ||
Service Occupation Tax liability in a transaction which
is | ||
subject to the tax that is imposed by this Act, shall be guilty | ||
of a
Class 4 felony for each such offense. This paragraph does | ||
not apply to an
amount collected by the serviceman as | ||
reimbursement for the serviceman's
Service Occupation Tax | ||
liability on receipts or selling prices which are
subject to | ||
tax under this Act, as long as such collection is made in
| ||
compliance with the tax collection brackets prescribed by the | ||
Department in
its Rules and Regulations.
| ||
A prosecution for any act in violation of this Section may | ||
be commenced
at any time within 3 years of the commission of | ||
that act.
| ||
This Section does not apply if the violation in a | ||
particular case also
constitutes a criminal violation of the | ||
Retailers' Occupation Tax Act or
the Use Tax Act.
| ||
(Source: P.A. 91-51, eff. 6-30-99.)
| ||
Section 140. The Retailers' Occupation Tax Act is amended | ||
by changing Section 13 as follows:
|
(35 ILCS 120/13) (from Ch. 120, par. 452)
| ||
Sec. 13. Criminal penalties. | ||
(a) When the amount due is under $300, any person engaged
| ||
in the business of selling tangible personal property at retail | ||
in this
State who fails to file a return, or who files a | ||
fraudulent return, or
any officer, employee or agent of a | ||
corporation, member, employee or
agent of a partnership, or | ||
manager, member, agent, or employee of a limited
liability | ||
company engaged in the business of selling tangible personal
| ||
property at retail in this State who, as such officer, | ||
employee, agent,
manager, or member is under a duty to file a | ||
return, or any officer, agent or
employee of a corporation, | ||
member, agent, or employee of a partnership, or
manager, | ||
member, agent, or employee of a limited liability company | ||
engaged in
the business of selling tangible personal property | ||
at retail in this State who
files or causes to be filed or | ||
signs or causes to be signed a fraudulent
return filed on | ||
behalf of such corporation or limited liability company, or
any | ||
accountant or other agent who knowingly enters false | ||
information on the
return of any taxpayer under this Act, is | ||
guilty of a Class 4 felony.
| ||
Any person who or any officer or director of any | ||
corporation, partner or
member of any partnership, or manager | ||
or member of a limited liability company
that: (a) violates | ||
Section 2a of this Act or (b) fails to keep books and
records, | ||
or fails to produce books and records as required by Section 7 |
or (c)
willfully violates a rule or regulation of the | ||
Department for the
administration and enforcement of this Act | ||
is guilty of a Class A misdemeanor.
Any person, manager or | ||
member of a limited liability company, or officer or
director | ||
of any corporation who engages in the business of selling | ||
tangible
personal property at retail after the certificate of | ||
registration of that
person, corporation, limited liability | ||
company, or partnership has been revoked
is guilty of a Class A | ||
misdemeanor. Each day such person, corporation, or
partnership | ||
is engaged in business without a certificate of registration or
| ||
after the certificate of registration of that person, | ||
corporation, or
partnership has been revoked constitutes a | ||
separate offense.
| ||
Any purchaser who obtains a registration number or resale | ||
number from
the Department through misrepresentation, or who | ||
represents to a seller
that such purchaser has a registration | ||
number or a resale number from the
Department when he knows | ||
that he does not, or who uses his registration
number or resale | ||
number to make a seller believe that he is buying tangible
| ||
personal property for resale when such purchaser in fact knows | ||
that this is
not the case is guilty of a Class 4 felony.
| ||
Any distributor, supplier or other reseller of motor fuel | ||
registered
pursuant to Section 2a or 2c of this Act who fails | ||
to collect the prepaid
tax on invoiced gallons of motor fuel | ||
sold or who fails to deliver a statement
of tax paid to the | ||
purchaser or to the Department as required by Sections
2d and |
2e of this Act, respectively, shall be guilty of a Class A | ||
misdemeanor
if the amount due is under $300, and a Class 4 | ||
felony if the amount due
is $300 or more.
| ||
When the amount due is under $300, any person who accepts | ||
money
that is due to the Department under this Act from a | ||
taxpayer for the purpose of
acting as the taxpayer's agent to | ||
make the payment to the Department, but who
fails to remit such | ||
payment to the Department when due is guilty of a Class 4
| ||
felony.
| ||
Any seller who collects or attempts to collect an amount | ||
(however
designated) which purports to reimburse such seller | ||
for retailers'
occupation tax liability measured by receipts | ||
which such seller knows are
not subject to retailers' | ||
occupation tax, or any seller who knowingly
over-collects or | ||
attempts to over-collect an amount purporting to reimburse
such | ||
seller for retailers' occupation tax liability in a transaction | ||
which
is subject to the tax that is imposed by this Act, shall | ||
be guilty of a
Class 4 felony for each such offense. This | ||
paragraph does not apply to
an amount collected by the seller | ||
as reimbursement for the seller's
retailers' occupation tax | ||
liability on receipts which are subject to tax
under this Act | ||
as long as such collection is made in compliance with the
tax | ||
collection brackets prescribed by the Department in its Rules | ||
and
Regulations.
| ||
When the amount due is $300 or more, any person engaged in | ||
the business
of selling tangible personal property at retail in |
this State who fails
to file a return, or who files a | ||
fraudulent return, or any officer, employee
or agent of a | ||
corporation, member, employee or agent of a partnership, or
| ||
manager, member, agent, or employee of a limited liability | ||
company engaged in
the business of selling tangible personal | ||
property at retail in this State who,
as such officer, | ||
employee, agent, manager, or member is under a duty to file a
| ||
return and who fails to file such return or any officer, agent, | ||
or employee of
a corporation, member, agent or employee of a | ||
partnership, or manager, member,
agent, or employee of a | ||
limited liability company engaged in the business of
selling | ||
tangible personal property at retail in this State who files or | ||
causes
to be filed or signs or causes to be signed a fraudulent | ||
return filed on behalf
of such corporation or limited liability | ||
company, or any accountant or other
agent who knowingly enters | ||
false information on the return of any taxpayer
under this Act | ||
is guilty of a Class 3 felony.
| ||
When the amount due is $300 or more, any person engaged in | ||
the business
of selling tangible personal property at retail in | ||
this State who accepts
money that is due to the Department | ||
under this
Act from a taxpayer for the purpose of acting as the | ||
taxpayer's agent to
make payment to the Department but fails to | ||
remit such payment to the
Department when due, is guilty of a | ||
Class 3 felony.
| ||
Any person whose principal place of business is in this | ||
State and
who is charged with a violation under this Section |
shall be
tried in the county where his principal place of | ||
business is
located unless he asserts a right to be tried in | ||
another venue.
| ||
Any taxpayer or agent of a taxpayer who with the intent to | ||
defraud
purports to make a payment due to the Department by | ||
issuing or delivering a
check or other order upon a real or | ||
fictitious depository for the payment
of money, knowing that it | ||
will not be paid by the depository, shall be
guilty of a | ||
deceptive practice in violation of Section 17-1 of the Criminal
| ||
Code of 2012 1961, as amended .
| ||
(b) A person commits the offense of sales tax evasion under | ||
this Act when he knowingly attempts in any manner to evade or | ||
defeat the tax imposed on him or on any other person, or the | ||
payment thereof, and he commits an affirmative act in | ||
furtherance of the evasion. For purposes of this Section, an | ||
"affirmative act in furtherance of the evasion" means an act | ||
designed in whole or in part to (i) conceal, misrepresent, | ||
falsify, or manipulate any material fact or (ii) tamper with or | ||
destroy documents or materials related to a person's tax | ||
liability under this Act. Two or more acts of sales tax evasion | ||
may be charged as a single count in any indictment, | ||
information, or complaint and the amount of tax deficiency may | ||
be aggregated for purposes of determining the amount of tax | ||
which is attempted to be or is evaded and the period between | ||
the first and last acts may be alleged as the date of the | ||
offense. |
(1) When the amount of tax, the assessment or payment | ||
of which is attempted to be or is evaded is less than $500 | ||
a person is guilty of a Class 4 felony. | ||
(2) When the amount of tax, the assessment or payment | ||
of which is attempted to be or is evaded is $500 or more | ||
but less than $10,000, a person is guilty of a Class 3 | ||
felony. | ||
(3) When the amount of tax, the assessment or payment | ||
of which is attempted to be or is evaded is $10,000 or more | ||
but less than $100,000, a person is guilty of a Class 2 | ||
felony. | ||
(4) When the amount of tax, the assessment or payment | ||
of which is attempted to be or is evaded is $100,000 or | ||
more, a person is guilty of a Class 1 felony. | ||
(c) A prosecution for any act in violation of this Section | ||
may be commenced
at any time within 5 years of the commission | ||
of that act.
| ||
(Source: P.A. 97-1074, eff. 1-1-13.)
| ||
Section 145. The Tobacco Products Tax Act of 1995 is | ||
amended by changing Section 10-50 as follows:
| ||
(35 ILCS 143/10-50)
| ||
Sec. 10-50. Violations and penalties. When the amount due | ||
is under $300,
any distributor who fails to file a return, | ||
wilfully fails or refuses to
make any payment to the Department |
of the tax imposed by this Act, or files
a fraudulent return, | ||
or any officer or agent of a corporation engaged in the
| ||
business of distributing tobacco products to retailers and | ||
consumers
located in this State who signs a fraudulent
return | ||
filed on behalf of the corporation, or any accountant or other | ||
agent
who knowingly enters false information on the return of | ||
any taxpayer under this
Act is guilty of a Class 4 felony.
| ||
Any person who violates any provision of Section 10-20 of | ||
this Act, fails
to keep books and records as required under | ||
this Act, or wilfully violates a
rule or regulation of the | ||
Department for the administration and enforcement of
this Act | ||
is guilty of a Class 4 felony. A person commits a separate | ||
offense on
each day that he or she engages in business in | ||
violation of Section 10-20 of
this Act.
| ||
When the amount due is under $300, any person who accepts | ||
money that is due
to the Department under this Act from a | ||
taxpayer for the purpose of acting as
the taxpayer's agent to | ||
make the payment to the Department, but who fails to
remit the | ||
payment to the Department when due, is guilty of a Class 4 | ||
felony.
| ||
When the amount due is $300 or more, any distributor who | ||
files,
or causes to be filed, a fraudulent return, or any | ||
officer or agent of a
corporation engaged in the business of | ||
distributing tobacco products
to retailers and consumers | ||
located in this State who files or causes to be
filed or signs | ||
or causes
to be signed a fraudulent return filed on behalf of |
the corporation, or
any accountant or other agent who knowingly | ||
enters false information on
the return of any taxpayer under | ||
this Act is guilty of a Class 3 felony.
| ||
When the amount due is $300 or more, any person engaged in | ||
the business
of distributing tobacco products to retailers and | ||
consumers located in this
State who fails to file a return,
| ||
wilfully fails or refuses to make any payment to the Department | ||
of the tax
imposed by this Act, or accepts money that is due to | ||
the Department under
this Act from a taxpayer for the purpose | ||
of acting as the taxpayer's agent to
make payment to the | ||
Department but fails to remit such payment to the
Department | ||
when due is guilty of a Class 3 felony.
| ||
Any person whose principal place of business is in this | ||
State and
who is charged with a violation under this Section | ||
shall be
tried in the county where his or her principal place | ||
of business is
located unless he or she asserts a right to be | ||
tried in another venue.
If the taxpayer does not have his or | ||
her principal place of business
in this State, however, the | ||
hearing must be held in Sangamon County unless
the taxpayer | ||
asserts a right to be tried in another venue.
| ||
Any taxpayer or agent of a taxpayer who with the intent to | ||
defraud
purports to make a payment due to the Department by | ||
issuing or delivering a
check or other order upon a real or | ||
fictitious depository for the payment
of money, knowing that it | ||
will not be paid by the depository, is
guilty of a deceptive | ||
practice in violation of Section 17-1 of the Criminal
Code of |
2012 1961 .
| ||
A prosecution for a violation described in this Section may | ||
be commenced
within 3 years after the commission of the act | ||
constituting the violation.
| ||
(Source: P.A. 92-231, eff. 8-2-01.)
| ||
Section 150. The Hotel Operators' Occupation Tax Act is | ||
amended by changing Section 8 as follows:
| ||
(35 ILCS 145/8) (from Ch. 120, par. 481b.38)
| ||
Sec. 8.
When the amount due is under $300, any person | ||
engaged in the
business of renting, leasing or letting
hotel | ||
rooms in this State who fails to make a return, or to keep | ||
books and
records as required herein, or who makes a fraudulent | ||
return, or who
wilfully violates any rule or regulation of the | ||
Department for the
administration and enforcement of the | ||
provisions of this Act, or any
officer or agent of a | ||
corporation engaged in the business of renting,
leasing or | ||
letting hotel rooms in this State who signs a fraudulent return
| ||
made on behalf of such corporation, is guilty of a Class 4 | ||
felony.
| ||
Any person who violates any provision of Section 5 of this | ||
Act is guilty
of a Class 4 felony. Each and every day any
such | ||
person is engaged in
business in violation of said Section 5 | ||
shall constitute a separate offense.
| ||
When the amount due is under $300, any person who accepts |
money that
is due to the Department under this
Act from a | ||
taxpayer for the purpose of acting as the taxpayer's agent to
| ||
make the payment to the Department, but who fails to remit such | ||
payment to
the Department when due is guilty of a Class 4 | ||
felony.
Any such person who purports to make such payment by | ||
issuing or delivering
a check or other order upon a real or | ||
fictitious depository for the payment
of money, knowing that it | ||
will not be paid by the depository, shall be guilty
of a | ||
deceptive practice in violation of Section 17-1 of the Criminal | ||
Code
of 2012 1961, as amended .
| ||
Any hotel operator who collects or attempts to collect an | ||
amount
(however designated) which purports to reimburse such | ||
operator for hotel
operators' occupation tax liability | ||
measured by receipts which such
operator knows are not subject | ||
to hotel operators' occupation tax, or any
hotel operator who | ||
knowingly over-collects or attempts to over-collect an
amount | ||
purporting to reimburse such operator for hotel operators'
| ||
occupation tax liability in a transaction which is subject to | ||
the tax that
is imposed by this Act, shall be guilty of a Class | ||
4 felony.
| ||
When the amount due is $300 or more, any person engaged in | ||
the business
of renting, leasing or letting hotel rooms in this | ||
State who
fails to make a return, or to keep books and
records | ||
as required herein, or who makes a fraudulent return, or who
| ||
wilfully violates any rule or regulation of the Department for | ||
the
administration and enforcement of the provisions of this |
Act, or any
officer or agent of a corporation engaged in the | ||
business of renting,
leasing or letting hotel rooms in this | ||
State who signs a fraudulent return
made on behalf of such | ||
corporation is guilty of a Class 3 felony.
| ||
When the amount due is $300 or more, any person who accepts | ||
money that is
due to the Department under this Act from a | ||
taxpayer for the purpose of
acting as the taxpayer's agent to | ||
make the payment to the Department, but
who fails to remit such | ||
payment to the Department is guilty of a Class 3
felony. Any | ||
such person who purports to make such payment by issuing or
| ||
delivering a check or other order upon a real or fictitious | ||
depository for
the payment of money, knowing that it will not | ||
be paid by the depository,
shall be guilty of a deceptive | ||
practice in violation of Section 17-1 of the
Criminal Code of | ||
2012 1961, as amended .
| ||
A prosecution for any act in violation of this Section may | ||
be commenced
at any time within 3 years of the commission of | ||
that act.
| ||
(Source: P.A. 85-299.)
| ||
Section 155. The Property Tax Code is amended by changing | ||
Sections 15-172 and 15-177 as follows:
| ||
(35 ILCS 200/15-172)
| ||
Sec. 15-172. Senior Citizens Assessment Freeze Homestead | ||
Exemption.
|
(a) This Section may be cited as the Senior Citizens | ||
Assessment
Freeze Homestead Exemption.
| ||
(b) As used in this Section:
| ||
"Applicant" means an individual who has filed an | ||
application under this
Section.
| ||
"Base amount" means the base year equalized assessed value | ||
of the residence
plus the first year's equalized assessed value | ||
of any added improvements which
increased the assessed value of | ||
the residence after the base year.
| ||
"Base year" means the taxable year prior to the taxable | ||
year for which the
applicant first qualifies and applies for | ||
the exemption provided that in the
prior taxable year the | ||
property was improved with a permanent structure that
was | ||
occupied as a residence by the applicant who was liable for | ||
paying real
property taxes on the property and who was either | ||
(i) an owner of record of the
property or had legal or | ||
equitable interest in the property as evidenced by a
written | ||
instrument or (ii) had a legal or equitable interest as a | ||
lessee in the
parcel of property that was single family | ||
residence.
If in any subsequent taxable year for which the | ||
applicant applies and
qualifies for the exemption the equalized | ||
assessed value of the residence is
less than the equalized | ||
assessed value in the existing base year
(provided that such | ||
equalized assessed value is not
based
on an
assessed value that | ||
results from a temporary irregularity in the property that
| ||
reduces the
assessed value for one or more taxable years), then |
that
subsequent taxable year shall become the base year until a | ||
new base year is
established under the terms of this paragraph. | ||
For taxable year 1999 only, the
Chief County Assessment Officer | ||
shall review (i) all taxable years for which
the
applicant | ||
applied and qualified for the exemption and (ii) the existing | ||
base
year.
The assessment officer shall select as the new base | ||
year the year with the
lowest equalized assessed value.
An | ||
equalized assessed value that is based on an assessed value | ||
that results
from a
temporary irregularity in the property that | ||
reduces the assessed value for one
or more
taxable years shall | ||
not be considered the lowest equalized assessed value.
The | ||
selected year shall be the base year for
taxable year 1999 and | ||
thereafter until a new base year is established under the
terms | ||
of this paragraph.
| ||
"Chief County Assessment Officer" means the County | ||
Assessor or Supervisor of
Assessments of the county in which | ||
the property is located.
| ||
"Equalized assessed value" means the assessed value as | ||
equalized by the
Illinois Department of Revenue.
| ||
"Household" means the applicant, the spouse of the | ||
applicant, and all persons
using the residence of the applicant | ||
as their principal place of residence.
| ||
"Household income" means the combined income of the members | ||
of a household
for the calendar year preceding the taxable | ||
year.
| ||
"Income" has the same meaning as provided in Section 3.07 |
of the Senior
Citizens and Disabled Persons Property Tax Relief
| ||
Act, except that, beginning in assessment year 2001, "income" | ||
does not
include veteran's benefits.
| ||
"Internal Revenue Code of 1986" means the United States | ||
Internal Revenue Code
of 1986 or any successor law or laws | ||
relating to federal income taxes in effect
for the year | ||
preceding the taxable year.
| ||
"Life care facility that qualifies as a cooperative" means | ||
a facility as
defined in Section 2 of the Life Care Facilities | ||
Act.
| ||
"Maximum income limitation" means: | ||
(1) $35,000 prior
to taxable year 1999; | ||
(2) $40,000 in taxable years 1999 through 2003; | ||
(3) $45,000 in taxable years 2004 through 2005; | ||
(4) $50,000 in taxable years 2006 and 2007; and | ||
(5) $55,000 in taxable year 2008 and thereafter.
| ||
"Residence" means the principal dwelling place and | ||
appurtenant structures
used for residential purposes in this | ||
State occupied on January 1 of the
taxable year by a household | ||
and so much of the surrounding land, constituting
the parcel | ||
upon which the dwelling place is situated, as is used for
| ||
residential purposes. If the Chief County Assessment Officer | ||
has established a
specific legal description for a portion of | ||
property constituting the
residence, then that portion of | ||
property shall be deemed the residence for the
purposes of this | ||
Section.
|
"Taxable year" means the calendar year during which ad | ||
valorem property taxes
payable in the next succeeding year are | ||
levied.
| ||
(c) Beginning in taxable year 1994, a senior citizens | ||
assessment freeze
homestead exemption is granted for real | ||
property that is improved with a
permanent structure that is | ||
occupied as a residence by an applicant who (i) is
65 years of | ||
age or older during the taxable year, (ii) has a household | ||
income that does not exceed the maximum income limitation, | ||
(iii) is liable for paying real property taxes on
the
property, | ||
and (iv) is an owner of record of the property or has a legal or
| ||
equitable interest in the property as evidenced by a written | ||
instrument. This
homestead exemption shall also apply to a | ||
leasehold interest in a parcel of
property improved with a | ||
permanent structure that is a single family residence
that is | ||
occupied as a residence by a person who (i) is 65 years of age | ||
or older
during the taxable year, (ii) has a household income | ||
that does not exceed the maximum income limitation,
(iii)
has a | ||
legal or equitable ownership interest in the property as | ||
lessee, and (iv)
is liable for the payment of real property | ||
taxes on that property.
| ||
In counties of 3,000,000 or more inhabitants, the amount of | ||
the exemption for all taxable years is the equalized assessed | ||
value of the
residence in the taxable year for which | ||
application is made minus the base
amount. In all other | ||
counties, the amount of the exemption is as follows: (i) |
through taxable year 2005 and for taxable year 2007 and | ||
thereafter, the amount of this exemption shall be the equalized | ||
assessed value of the
residence in the taxable year for which | ||
application is made minus the base
amount; and (ii) for
taxable | ||
year 2006, the amount of the exemption is as follows:
| ||
(1) For an applicant who has a household income of | ||
$45,000 or less, the amount of the exemption is the | ||
equalized assessed value of the
residence in the taxable | ||
year for which application is made minus the base
amount. | ||
(2) For an applicant who has a household income | ||
exceeding $45,000 but not exceeding $46,250, the amount of | ||
the exemption is (i) the equalized assessed value of the
| ||
residence in the taxable year for which application is made | ||
minus the base
amount (ii) multiplied by 0.8. | ||
(3) For an applicant who has a household income | ||
exceeding $46,250 but not exceeding $47,500, the amount of | ||
the exemption is (i) the equalized assessed value of the
| ||
residence in the taxable year for which application is made | ||
minus the base
amount (ii) multiplied by 0.6. | ||
(4) For an applicant who has a household income | ||
exceeding $47,500 but not exceeding $48,750, the amount of | ||
the exemption is (i) the equalized assessed value of the
| ||
residence in the taxable year for which application is made | ||
minus the base
amount (ii) multiplied by 0.4. | ||
(5) For an applicant who has a household income | ||
exceeding $48,750 but not exceeding $50,000, the amount of |
the exemption is (i) the equalized assessed value of the
| ||
residence in the taxable year for which application is made | ||
minus the base
amount (ii) multiplied by 0.2.
| ||
When the applicant is a surviving spouse of an applicant | ||
for a prior year for
the same residence for which an exemption | ||
under this Section has been granted,
the base year and base | ||
amount for that residence are the same as for the
applicant for | ||
the prior year.
| ||
Each year at the time the assessment books are certified to | ||
the County Clerk,
the Board of Review or Board of Appeals shall | ||
give to the County Clerk a list
of the assessed values of | ||
improvements on each parcel qualifying for this
exemption that | ||
were added after the base year for this parcel and that
| ||
increased the assessed value of the property.
| ||
In the case of land improved with an apartment building | ||
owned and operated as
a cooperative or a building that is a | ||
life care facility that qualifies as a
cooperative, the maximum | ||
reduction from the equalized assessed value of the
property is | ||
limited to the sum of the reductions calculated for each unit
| ||
occupied as a residence by a person or persons (i) 65 years of | ||
age or older, (ii) with a
household income that does not exceed | ||
the maximum income limitation, (iii) who is liable, by contract | ||
with the
owner
or owners of record, for paying real property | ||
taxes on the property, and (iv) who is
an owner of record of a | ||
legal or equitable interest in the cooperative
apartment | ||
building, other than a leasehold interest. In the instance of a
|
cooperative where a homestead exemption has been granted under | ||
this Section,
the cooperative association or its management | ||
firm shall credit the savings
resulting from that exemption | ||
only to the apportioned tax liability of the
owner who | ||
qualified for the exemption. Any person who willfully refuses | ||
to
credit that savings to an owner who qualifies for the | ||
exemption is guilty of a
Class B misdemeanor.
| ||
When a homestead exemption has been granted under this | ||
Section and an
applicant then becomes a resident of a facility | ||
licensed under the Assisted Living and Shared Housing Act, the | ||
Nursing Home
Care Act, the Specialized Mental Health | ||
Rehabilitation Act, or the ID/DD Community Care Act, the | ||
exemption shall be granted in subsequent years so long as the
| ||
residence (i) continues to be occupied by the qualified | ||
applicant's spouse or
(ii) if remaining unoccupied, is still | ||
owned by the qualified applicant for the
homestead exemption.
| ||
Beginning January 1, 1997, when an individual dies who | ||
would have qualified
for an exemption under this Section, and | ||
the surviving spouse does not
independently qualify for this | ||
exemption because of age, the exemption under
this Section | ||
shall be granted to the surviving spouse for the taxable year
| ||
preceding and the taxable
year of the death, provided that, | ||
except for age, the surviving spouse meets
all
other | ||
qualifications for the granting of this exemption for those | ||
years.
| ||
When married persons maintain separate residences, the |
exemption provided for
in this Section may be claimed by only | ||
one of such persons and for only one
residence.
| ||
For taxable year 1994 only, in counties having less than | ||
3,000,000
inhabitants, to receive the exemption, a person shall | ||
submit an application by
February 15, 1995 to the Chief County | ||
Assessment Officer
of the county in which the property is | ||
located. In counties having 3,000,000
or more inhabitants, for | ||
taxable year 1994 and all subsequent taxable years, to
receive | ||
the exemption, a person
may submit an application to the Chief | ||
County
Assessment Officer of the county in which the property | ||
is located during such
period as may be specified by the Chief | ||
County Assessment Officer. The Chief
County Assessment Officer | ||
in counties of 3,000,000 or more inhabitants shall
annually | ||
give notice of the application period by mail or by | ||
publication. In
counties having less than 3,000,000 | ||
inhabitants, beginning with taxable year
1995 and thereafter, | ||
to receive the exemption, a person
shall
submit an
application | ||
by July 1 of each taxable year to the Chief County Assessment
| ||
Officer of the county in which the property is located. A | ||
county may, by
ordinance, establish a date for submission of | ||
applications that is
different than
July 1.
The applicant shall | ||
submit with the
application an affidavit of the applicant's | ||
total household income, age,
marital status (and if married the | ||
name and address of the applicant's spouse,
if known), and | ||
principal dwelling place of members of the household on January
| ||
1 of the taxable year. The Department shall establish, by rule, |
a method for
verifying the accuracy of affidavits filed by | ||
applicants under this Section, and the Chief County Assessment | ||
Officer may conduct audits of any taxpayer claiming an | ||
exemption under this Section to verify that the taxpayer is | ||
eligible to receive the exemption. Each application shall | ||
contain or be verified by a written declaration that it is made | ||
under the penalties of perjury. A taxpayer's signing a | ||
fraudulent application under this Act is perjury, as defined in | ||
Section 32-2 of the Criminal Code of 2012 1961 .
The | ||
applications shall be clearly marked as applications for the | ||
Senior
Citizens Assessment Freeze Homestead Exemption and must | ||
contain a notice that any taxpayer who receives the exemption | ||
is subject to an audit by the Chief County Assessment Officer.
| ||
Notwithstanding any other provision to the contrary, in | ||
counties having fewer
than 3,000,000 inhabitants, if an | ||
applicant fails
to file the application required by this | ||
Section in a timely manner and this
failure to file is due to a | ||
mental or physical condition sufficiently severe so
as to | ||
render the applicant incapable of filing the application in a | ||
timely
manner, the Chief County Assessment Officer may extend | ||
the filing deadline for
a period of 30 days after the applicant | ||
regains the capability to file the
application, but in no case | ||
may the filing deadline be extended beyond 3
months of the | ||
original filing deadline. In order to receive the extension
| ||
provided in this paragraph, the applicant shall provide the | ||
Chief County
Assessment Officer with a signed statement from |
the applicant's physician
stating the nature and extent of the | ||
condition, that, in the
physician's opinion, the condition was | ||
so severe that it rendered the applicant
incapable of filing | ||
the application in a timely manner, and the date on which
the | ||
applicant regained the capability to file the application.
| ||
Beginning January 1, 1998, notwithstanding any other | ||
provision to the
contrary, in counties having fewer than | ||
3,000,000 inhabitants, if an applicant
fails to file the | ||
application required by this Section in a timely manner and
| ||
this failure to file is due to a mental or physical condition | ||
sufficiently
severe so as to render the applicant incapable of | ||
filing the application in a
timely manner, the Chief County | ||
Assessment Officer may extend the filing
deadline for a period | ||
of 3 months. In order to receive the extension provided
in this | ||
paragraph, the applicant shall provide the Chief County | ||
Assessment
Officer with a signed statement from the applicant's | ||
physician stating the
nature and extent of the condition, and | ||
that, in the physician's opinion, the
condition was so severe | ||
that it rendered the applicant incapable of filing the
| ||
application in a timely manner.
| ||
In counties having less than 3,000,000 inhabitants, if an | ||
applicant was
denied an exemption in taxable year 1994 and the | ||
denial occurred due to an
error on the part of an assessment
| ||
official, or his or her agent or employee, then beginning in | ||
taxable year 1997
the
applicant's base year, for purposes of | ||
determining the amount of the exemption,
shall be 1993 rather |
than 1994. In addition, in taxable year 1997, the
applicant's | ||
exemption shall also include an amount equal to (i) the amount | ||
of
any exemption denied to the applicant in taxable year 1995 | ||
as a result of using
1994, rather than 1993, as the base year, | ||
(ii) the amount of any exemption
denied to the applicant in | ||
taxable year 1996 as a result of using 1994, rather
than 1993, | ||
as the base year, and (iii) the amount of the exemption | ||
erroneously
denied for taxable year 1994.
| ||
For purposes of this Section, a person who will be 65 years | ||
of age during the
current taxable year shall be eligible to | ||
apply for the homestead exemption
during that taxable year. | ||
Application shall be made during the application
period in | ||
effect for the county of his or her residence.
| ||
The Chief County Assessment Officer may determine the | ||
eligibility of a life
care facility that qualifies as a | ||
cooperative to receive the benefits
provided by this Section by | ||
use of an affidavit, application, visual
inspection, | ||
questionnaire, or other reasonable method in order to insure | ||
that
the tax savings resulting from the exemption are credited | ||
by the management
firm to the apportioned tax liability of each | ||
qualifying resident. The Chief
County Assessment Officer may | ||
request reasonable proof that the management firm
has so | ||
credited that exemption.
| ||
Except as provided in this Section, all information | ||
received by the chief
county assessment officer or the | ||
Department from applications filed under this
Section, or from |
any investigation conducted under the provisions of this
| ||
Section, shall be confidential, except for official purposes or
| ||
pursuant to official procedures for collection of any State or | ||
local tax or
enforcement of any civil or criminal penalty or | ||
sanction imposed by this Act or
by any statute or ordinance | ||
imposing a State or local tax. Any person who
divulges any such | ||
information in any manner, except in accordance with a proper
| ||
judicial order, is guilty of a Class A misdemeanor.
| ||
Nothing contained in this Section shall prevent the | ||
Director or chief county
assessment officer from publishing or | ||
making available reasonable statistics
concerning the | ||
operation of the exemption contained in this Section in which
| ||
the contents of claims are grouped into aggregates in such a | ||
way that
information contained in any individual claim shall | ||
not be disclosed.
| ||
(d) Each Chief County Assessment Officer shall annually | ||
publish a notice
of availability of the exemption provided | ||
under this Section. The notice
shall be published at least 60 | ||
days but no more than 75 days prior to the date
on which the | ||
application must be submitted to the Chief County Assessment
| ||
Officer of the county in which the property is located. The | ||
notice shall
appear in a newspaper of general circulation in | ||
the county.
| ||
Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||
no reimbursement by the State is required for the | ||
implementation of any mandate created by this Section.
|
(Source: P.A. 96-339, eff. 7-1-10; 96-355, eff. 1-1-10; | ||
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; | ||
97-689, eff. 6-14-12; 97-813, eff. 7-13-12.) | ||
(35 ILCS 200/15-177) | ||
Sec. 15-177. The long-time occupant homestead exemption. | ||
(a) If the county has elected, under Section 15-176, to be | ||
subject to the provisions of the alternative general homestead | ||
exemption, then, for taxable years 2007 and thereafter, | ||
regardless of whether the exemption under Section 15-176 | ||
applies, qualified homestead property is
entitled to
an annual | ||
homestead exemption equal to a reduction in the property's | ||
equalized
assessed
value calculated as provided in this | ||
Section. | ||
(b) As used in this Section: | ||
"Adjusted homestead value" means the lesser of
the | ||
following values: | ||
(1) The property's base homestead value increased
by: | ||
(i) 10% for each taxable year after the base year through | ||
and including the current tax year for qualified taxpayers | ||
with a household income of more than $75,000 but not | ||
exceeding $100,000; or (ii) 7% for each taxable year after | ||
the base year through and including the current tax year | ||
for qualified taxpayers with a household income of $75,000 | ||
or less. The increase each year is an increase over the | ||
prior year; or |
(2) The property's equalized assessed value for
the | ||
current tax year minus the general homestead deduction. | ||
"Base homestead value" means: | ||
(1) if the property did not have an adjusted homestead | ||
value under Section 15-176 for the base year, then an | ||
amount equal to the equalized assessed value of the | ||
property for the base year prior to exemptions, minus the | ||
general homestead deduction, provided that the property's | ||
assessment was not based on a reduced assessed value | ||
resulting from a temporary irregularity in the property for | ||
that year; or | ||
(2) if the property had an adjusted homestead value | ||
under Section 15-176 for the base year, then an amount | ||
equal to the adjusted homestead value of the property under | ||
Section 15-176 for the base year. | ||
"Base year" means the taxable year prior to the taxable | ||
year in which the taxpayer first qualifies for the exemption | ||
under this Section. | ||
"Current taxable year" means the taxable year for which
the | ||
exemption under this Section is being applied. | ||
"Equalized assessed value" means the property's
assessed | ||
value as equalized by the Department. | ||
"Homestead" or "homestead property" means residential | ||
property that as of January 1 of
the tax year is occupied by a | ||
qualified taxpayer as his or her principal dwelling place, or | ||
that is a leasehold interest on which a single family residence |
is situated, that is occupied as a residence by a qualified | ||
taxpayer who has a legal or equitable interest therein | ||
evidenced by a written instrument, as an owner or as a lessee, | ||
and on which the person is liable for the payment of property | ||
taxes. Residential units in an apartment building owned and | ||
operated as a cooperative, or as a life care facility, which | ||
are occupied by persons who hold a legal or equitable interest | ||
in the cooperative apartment building or life care facility as | ||
owners or lessees, and who are liable by contract for the | ||
payment of property taxes, are included within this definition | ||
of homestead property. A homestead includes the dwelling place,
| ||
appurtenant structures, and so much of the surrounding land | ||
constituting the parcel on which the dwelling place is situated | ||
as is used for residential purposes. If the assessor has | ||
established a specific legal description for a portion of | ||
property constituting the homestead, then the homestead is | ||
limited to the property within that description. | ||
"Household income" has the meaning set forth under Section | ||
15-172 of this Code.
| ||
"General homestead deduction" means the amount of the | ||
general homestead exemption under Section 15-175.
| ||
"Life care facility" means a facility defined
in Section 2 | ||
of the Life Care Facilities Act. | ||
"Qualified homestead property" means homestead property | ||
owned by a qualified taxpayer.
| ||
"Qualified taxpayer" means any individual: |
(1) who, for at least 10 continuous years as of January | ||
1 of the taxable year, has occupied the same homestead | ||
property as a principal residence and domicile or who, for | ||
at least 5 continuous years as of January 1 of the taxable | ||
year, has occupied the same homestead property as a | ||
principal residence and domicile if that person received | ||
assistance in the acquisition of the property as part of a | ||
government or nonprofit housing program; and | ||
(2) who has a household income of $100,000 or less.
| ||
(c) The base homestead value must remain constant, except | ||
that the assessor may revise it under any of the following | ||
circumstances: | ||
(1) If the equalized assessed value of a homestead
| ||
property for the current tax year is less than the previous | ||
base homestead value for that property, then the current | ||
equalized assessed value (provided it is not based on a | ||
reduced assessed value resulting from a temporary | ||
irregularity in the property) becomes the base homestead | ||
value in subsequent tax years. | ||
(2) For any year in which new buildings, structures,
or | ||
other improvements are constructed on the homestead | ||
property that would increase its assessed value, the | ||
assessor shall adjust the base homestead value with due | ||
regard to the value added by the new improvements. | ||
(d) The amount of the exemption under this Section is the | ||
greater of: (i) the equalized assessed value of the homestead |
property for the current tax year minus the adjusted homestead | ||
value; or (ii) the general homestead deduction. | ||
(e) In the case of an apartment building owned and operated | ||
as a cooperative, or as a life care facility, that contains | ||
residential units that qualify as homestead property of a | ||
qualified taxpayer under this Section, the maximum cumulative | ||
exemption amount attributed to the entire building or facility | ||
shall not exceed the sum of the exemptions calculated for each | ||
unit that is a qualified homestead property. The cooperative | ||
association, management firm, or other person or entity that | ||
manages or controls the cooperative apartment building or life | ||
care facility shall credit the exemption attributable to each | ||
residential unit only to the apportioned tax liability of the | ||
qualified taxpayer as to that unit. Any person who willfully | ||
refuses to so credit the exemption is guilty of a Class B | ||
misdemeanor. | ||
(f) When married persons maintain separate residences, the | ||
exemption provided under this Section may be claimed by only | ||
one such person and for only one residence. No person who | ||
receives an exemption under Section 15-172 of this Code may | ||
receive an exemption under this Section. No person who receives | ||
an exemption under this Section may receive an exemption under | ||
Section 15-175 or 15-176 of this Code. | ||
(g) In the event of a sale or other transfer in ownership | ||
of the homestead property between spouses or between a parent | ||
and a child, the exemption under this Section remains in effect |
if the new owner has a household income of $100,000 or less. | ||
(h) In the event of a sale or other transfer in ownership | ||
of the homestead property other than subsection (g) of this | ||
Section, the exemption under this Section shall remain in | ||
effect for the remainder of the tax year and be calculated | ||
using the same base homestead value in which the sale or | ||
transfer occurs.
| ||
(i) To receive the exemption, a person must submit an | ||
application to the county assessor during the period specified | ||
by the county assessor. | ||
The county assessor shall annually give notice of the | ||
application period by mail or by publication. | ||
The taxpayer must submit, with the application, an | ||
affidavit of the taxpayer's total household income, marital | ||
status (and if married the name and address of the applicant's | ||
spouse, if known), and principal dwelling place of members of | ||
the household on January 1 of the taxable year. The Department | ||
shall establish, by rule, a method for verifying the accuracy | ||
of affidavits filed by applicants under this Section, and the | ||
Chief County Assessment Officer may conduct audits of any | ||
taxpayer claiming an exemption under this Section to verify | ||
that the taxpayer is eligible to receive the exemption. Each | ||
application shall contain or be verified by a written | ||
declaration that it is made under the penalties of perjury. A | ||
taxpayer's signing a fraudulent application under this Act is | ||
perjury, as defined in Section 32-2 of the Criminal Code of |
2012 1961 . The applications shall be clearly marked as | ||
applications for the Long-time Occupant Homestead Exemption | ||
and must contain a notice that any taxpayer who receives the | ||
exemption is subject to an audit by the Chief County Assessment | ||
Officer. | ||
(j) Notwithstanding Sections 6 and 8 of the State Mandates | ||
Act, no reimbursement by the State is required for the | ||
implementation of any mandate created by this Section.
| ||
(Source: P.A. 95-644, eff. 10-12-07.) | ||
Section 160. The Coin-Operated Amusement Device and | ||
Redemption Machine Tax Act is amended by changing Section 1 as | ||
follows:
| ||
(35 ILCS 510/1) (from Ch. 120, par. 481b.1)
| ||
Sec. 1.
There is imposed, on the privilege of operating | ||
every
coin-in-the-slot-operated amusement device, including a | ||
device operated
or operable by insertion of coins, tokens, | ||
chips or similar objects, in
this State which returns to the | ||
player thereof no money or property or
right to receive money | ||
or property, and on the privilege of operating in
this State a | ||
redemption machine as defined in Section 28-2 of the Criminal
| ||
Code of 2012 1961 , an annual privilege tax of $30 for each
| ||
device for a period beginning on or after August 1 of any year | ||
and
prior to August 1 of the succeeding year.
| ||
(Source: P.A. 93-32, eff. 7-1-03.)
|
Section 165. The Cannabis and Controlled Substances Tax Act | ||
is amended by changing Sections 15 and 19 as follows:
| ||
(35 ILCS 520/15) (from Ch. 120, par. 2165)
| ||
Sec. 15. Lien for Tax.
| ||
(a) In general. The Department shall have a lien for the | ||
tax herein
imposed or any portion thereof, or for any penalty | ||
provided for in this
Act, or for any amount of interest which | ||
may be due, upon all the real and
personal property of any | ||
person assessed with a tax under this Act;
however, the lien | ||
shall not be available on property which is the
subject of | ||
forfeiture proceedings under the Narcotics Profit Forfeiture | ||
Act
or the Criminal Code of 2012 1961 or the Drug Asset | ||
Forfeiture Procedure Act until
all forfeiture proceedings are | ||
concluded. Property forfeited shall not be
subject to a lien | ||
under this Act.
| ||
(b) Notice of lien. The lien created by assessment shall | ||
terminate
unless a notice of lien is filed, as provided in | ||
Section 17 hereof,
within 3 years from the date all proceedings | ||
in court for the review of
such assessment have terminated or | ||
the time for the taking thereof has
expired without such | ||
proceedings being instituted.
| ||
(Source: P.A. 88-669, eff. 11-29-94 .)
| ||
(35 ILCS 520/19) (from Ch. 120, par. 2169)
|
Sec. 19. Release of Liens.
| ||
(a) In general. The Department shall release all or any | ||
portion of
the property subject to any lien provided for in | ||
this Act if it determines
that the release will not endanger or | ||
jeopardize the collection of the
amount secured thereby.
The | ||
Department shall release its lien on property which is the | ||
subject of
forfeiture proceedings under the Narcotics Profit | ||
Forfeiture Act, the Criminal
Code of 2012 1961 , or the Drug | ||
Asset Forfeiture Procedure Act until all forfeiture
| ||
proceedings are concluded. Property forfeited shall not be | ||
subject to
a lien under this Act.
| ||
(b) Judicial determination. If on judicial review the final | ||
judgment
of the court is that the taxpayer does not owe some or | ||
all of the amount
secured by the lien against him, or that no | ||
jeopardy to the revenue exists,
the Department shall release | ||
its lien to the extent of such finding of
nonliability, or to | ||
the extent of such finding of no jeopardy to the
revenue.
| ||
(c) Payment. The Department shall also release its jeopardy
| ||
assessment lien against the taxpayer whenever the tax and | ||
penalty covered
by such lien, plus any interest which may be | ||
due, are paid.
| ||
(d) Certificate of release. The Department shall issue a | ||
certificate
of complete or partial release of the lien:
| ||
(1) To the extent that the fair market value of any | ||
property subject to
the lien exceeds the amount of the lien | ||
plus the amount of all prior liens
upon such property;
|
(2) To the extent that such lien shall become | ||
unenforceable;
| ||
(3) To the extent that the amount of such lien is paid | ||
by the person
whose property is subject to such lien, | ||
together with any interest and penalty
which
may become due | ||
under this Act between the date when the notice of lien is
| ||
filed and the date when the amount of such lien is paid;
| ||
(4) To the extent and under the circumstances specified | ||
in this Section.
A certificate of complete or partial | ||
release of any lien shall be held
conclusive that the lien | ||
upon the property covered by the certificate is
| ||
extinguished to the extent indicated by such certificate.
| ||
Such release of lien shall be issued to the person, or his | ||
agent, against
whom the lien was obtained and shall contain in | ||
legible letters a statement as
follows:
| ||
FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL
| ||
BE FILED WITH THE RECORDER OR THE REGISTRAR
| ||
OF TITLES, IN WHOSE OFFICE, THE LIEN WAS FILED.
| ||
(e) Filing. When a certificate of complete or partial | ||
release of lien
issued by the Department is presented for | ||
filing in the office of the
recorder or Registrar of Titles | ||
where a notice of lien or notice
of jeopardy assessment lien | ||
was filed:
| ||
(1) The recorder, in the case of nonregistered | ||
property, shall
permanently attach the certificate of | ||
release to the notice of lien or
notice of jeopardy |
assessment lien and shall enter the certificate of
release | ||
and the date in the "State Tax Lien Index" on the line | ||
where the
notice of lien or notice of jeopardy assessment | ||
lien is entered; and
| ||
(2) In the case of registered property, the Registrar | ||
of Titles shall
file and enter upon each folium of the | ||
register of titles affected thereby
a memorial of the | ||
certificate of release which memorial when so entered
shall | ||
act as a release pro tanto of any memorial of such notice | ||
of lien or
notice of jeopardy assessment lien previously | ||
filed and registered.
| ||
(Source: P.A. 88-669, eff. 11-29-94 .)
| ||
Section 170. The Public Officer Prohibited Activities Act | ||
is amended by changing Section 4.5 as follows:
| ||
(50 ILCS 105/4.5)
| ||
Sec. 4.5. False verification; perjury. A person is guilty | ||
of perjury who:
| ||
(1) In swearing on oath or
otherwise affirming a | ||
statement in writing as required under this Act,
knowingly | ||
makes a
false statement as to, or knowingly omits a | ||
material fact relating to, the
identification
of an | ||
individual or entity that has an ownership interest in real | ||
property, or
that is material to an issue or point in | ||
question in the written disclosure
pertaining to a contract |
for the ownership or use of real property.
| ||
(2) Having taken a lawful oath or made affirmation, | ||
testifies
willfully and falsely as to any of those matters | ||
for the purpose of inducing
the State or any local | ||
governmental unit or any agency of either to enter into
a | ||
contract for the ownership or use of real property.
| ||
(3) Suborns any other person to so swear, affirm, or | ||
testify.
| ||
Upon conviction of perjury, a person shall be sentenced as | ||
provided in
Section 32-2 or 32-3, respectively, of the Criminal | ||
Code of 2012 1961 for those
offenses.
| ||
This Section applies to written statements made or | ||
testimony given on or
after the effective date of this | ||
amendatory Act of 1995.
| ||
(Source: P.A. 89-91, eff. 6-30-95.)
| ||
Section 175. The Illinois Police Training Act is amended by | ||
changing Sections 6 and 6.1 as follows:
| ||
(50 ILCS 705/6) (from Ch. 85, par. 506)
| ||
Sec. 6. Selection and certification of schools. The Board | ||
shall select
and certify schools within the State of
Illinois | ||
for the purpose of providing basic training for probationary
| ||
police officers, probationary county corrections officers, and
| ||
court security officers and
of providing advanced or in-service | ||
training for permanent police officers
or permanent
county |
corrections officers, which schools may be either publicly or
| ||
privately owned and operated. In addition, the Board has the | ||
following
power and duties:
| ||
a. To require local governmental units to furnish such | ||
reports and
information as the Board deems necessary to | ||
fully implement this Act.
| ||
b. To establish appropriate mandatory minimum | ||
standards
relating to the training of probationary local | ||
law enforcement officers
or probationary county | ||
corrections officers.
| ||
c. To provide appropriate certification to those | ||
probationary
officers who successfully complete the | ||
prescribed minimum standard basic
training course.
| ||
d. To review and approve annual training curriculum for | ||
county sheriffs.
| ||
e. To review and approve applicants to ensure no | ||
applicant is admitted
to a certified academy unless the | ||
applicant is a person of good character
and has not been | ||
convicted of a felony offense, any of the
misdemeanors in | ||
Sections 11-1.50, 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, | ||
12-15, 16-1,
17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, | ||
32-4a, or 32-7 of the Criminal Code
of
1961 or the Criminal | ||
Code of 2012 , subdivision (a)(1) or (a)(2)(C) of Section | ||
11-14.3 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012 , or subsection (a) of Section 17-32 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012, or Section 5 or |
5.2 of the Cannabis Control Act, or a crime involving
moral
| ||
turpitude under the laws of this State or any other state | ||
which if
committed in this State would be punishable as a | ||
felony or a crime of
moral turpitude. The Board may appoint | ||
investigators who shall enforce
the duties conferred upon | ||
the Board by this Act.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
(50 ILCS 705/6.1)
| ||
Sec. 6.1. Decertification of full-time and part-time | ||
police officers.
| ||
(a) The Board must review police officer conduct and | ||
records to ensure that
no
police officer is certified
or | ||
provided a valid waiver if that police officer has been | ||
convicted of a
felony offense under the laws of this
State or | ||
any other state which if committed in this State would be | ||
punishable
as a felony. The Board must also
ensure that no | ||
police officer is certified or provided a valid waiver if that
| ||
police officer has been convicted on or
after the effective | ||
date of this amendatory Act of 1999 of any misdemeanor
| ||
specified in this Section or if
committed in any other state | ||
would be an offense similar to Section 11-1.50, 11-6,
11-9.1, | ||
11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2, 28-3, 29-1, | ||
31-1,
31-6, 31-7, 32-4a, or 32-7 of the
Criminal
Code of 1961 | ||
or the Criminal Code of 2012 , to subdivision (a)(1) or | ||
(a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961 or |
the Criminal Code of 2012 , or subsection (a) of Section 17-32 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, or | ||
to Section 5 or
5.2 of the Cannabis Control Act. The Board must | ||
appoint investigators to
enforce the duties conferred upon the
| ||
Board by this Act.
| ||
(b) It is the responsibility of the sheriff or the chief | ||
executive officer
of every local law enforcement
agency or | ||
department within this State to report to the Board any arrest | ||
or
conviction of any officer for an
offense identified in this | ||
Section.
| ||
(c) It is the duty and responsibility of every full-time | ||
and part-time
police officer in this State to report to
the | ||
Board within 30 days, and the officer's sheriff or chief | ||
executive officer,
of his or her arrest or conviction for
an | ||
offense identified in this Section. Any full-time or part-time | ||
police
officer who knowingly makes, submits,
causes to be | ||
submitted, or files a false or untruthful report to the Board | ||
must
have his or her certificate or waiver
immediately | ||
decertified or revoked.
| ||
(d) Any person, or a local or State agency, or the Board is | ||
immune from
liability for submitting,
disclosing, or releasing | ||
information of arrests or convictions in this Section
as long | ||
as the information is
submitted, disclosed, or released in good | ||
faith and without malice. The Board
has qualified immunity for | ||
the
release of the information.
| ||
(e) Any full-time or part-time police officer with a |
certificate or waiver
issued by the Board who is
convicted of | ||
any offense described in this Section immediately becomes
| ||
decertified or no longer has a valid
waiver. The | ||
decertification and invalidity of waivers occurs as a matter of
| ||
law. Failure of a convicted person to
report to the Board his | ||
or her conviction as described in this Section or any
continued | ||
law enforcement practice
after receiving a conviction is a | ||
Class 4 felony.
| ||
(f) The Board's investigators are peace officers and have | ||
all the powers
possessed by policemen in cities
and by | ||
sheriff's, provided that the investigators may exercise those | ||
powers
anywhere in the State, only after
contact and | ||
cooperation with the appropriate local law enforcement | ||
authorities.
| ||
(g) The Board must request and receive information and | ||
assistance from any
federal, state, or local
governmental | ||
agency as part of the authorized criminal background
| ||
investigation. The Department of State Police must process, | ||
retain, and
additionally
provide
and disseminate information | ||
to the Board concerning criminal charges, arrests,
| ||
convictions, and their disposition, that have
been filed | ||
before, on, or after the effective date of this amendatory Act | ||
of
the 91st General Assembly against a basic academy applicant, | ||
law enforcement
applicant, or law enforcement officer whose | ||
fingerprint identification cards
are on file or maintained by | ||
the Department of State Police. The Federal
Bureau
of
|
Investigation must provide the Board any criminal history | ||
record information
contained in its files pertaining to law
| ||
enforcement officers or any applicant to a Board certified | ||
basic law
enforcement academy as described in this Act
based on | ||
fingerprint identification. The Board must make payment of fees | ||
to the
Department of State Police for each
fingerprint card | ||
submission in conformance with the requirements of paragraph
22 | ||
of Section 55a of the Civil
Administrative Code of Illinois.
| ||
(h) A police officer who has been certified or granted a | ||
valid waiver
shall
also be decertified or have his or her | ||
waiver revoked upon a determination by
the Illinois Labor | ||
Relations
Board State Panel
that
he or she, while under oath, | ||
has knowingly and willfully made false statements
as
to a | ||
material fact going to an element of the offense of murder. If | ||
an appeal
is filed, the determination shall be stayed.
| ||
(1) In the case of an acquittal on a charge of murder, | ||
a verified
complaint may be filed:
| ||
(A) by the defendant; or
| ||
(B) by a police officer with personal knowledge of | ||
perjured
testimony.
| ||
The complaint must allege that a police officer, while | ||
under oath, knowingly
and
willfully made false statements | ||
as to a material fact going to an element of
the
offense of | ||
murder. The verified complaint must be filed with the | ||
Executive
Director of the Illinois Law Enforcement | ||
Training Standards Board within 2
years of the judgment of |
acquittal.
| ||
(2) Within 30 days, the Executive Director of the | ||
Illinois Law Enforcement
Training
Standards Board shall | ||
review the verified complaint and determine whether the
| ||
verified complaint is frivolous and without merit, or | ||
whether further
investigation is
warranted. The Illinois | ||
Law Enforcement Training Standards Board shall notify
the | ||
officer and the Executive Director of the Illinois Labor | ||
Relations Board
State Panel of the filing of the complaint | ||
and any action taken thereon. If the
Executive Director of | ||
the Illinois Law Enforcement Training
Standards Board | ||
determines that the verified complaint is frivolous and | ||
without
merit, it shall be dismissed. The Executive | ||
Director of the Illinois Law
Enforcement Training | ||
Standards Board has sole discretion to make this
| ||
determination and this decision is not subject to appeal.
| ||
(i) If the Executive Director of the Illinois Law | ||
Enforcement Training
Standards Board determines that the | ||
verified complaint warrants further
investigation, he or she | ||
shall refer the matter to a task force of
investigators
created | ||
for this purpose. This task force shall consist of 8 sworn | ||
police
officers: 2
from the Illinois State Police, 2 from the | ||
City of Chicago Police Department, 2
from county police | ||
departments, and 2 from municipal police departments.
These | ||
investigators shall have a minimum of 5 years of experience in | ||
conducting
criminal investigations. The investigators shall be |
appointed by the Executive
Director of the Illinois Law | ||
Enforcement Training Standards Board. Any officer
or officers | ||
acting in this capacity pursuant to this statutory provision | ||
will
have
statewide police authority while acting in this | ||
investigative capacity. Their
salaries
and expenses for the | ||
time spent conducting investigations under this paragraph
| ||
shall be reimbursed by the Illinois Law Enforcement Training | ||
Standards Board.
| ||
(j) Once the Executive Director of the Illinois Law | ||
Enforcement Training
Standards Board has determined that an | ||
investigation is warranted, the verified
complaint shall be | ||
assigned to an investigator or investigators. The
investigator
| ||
or investigators shall conduct an investigation of the verified | ||
complaint and
shall
write a report of his or her findings. This | ||
report shall be submitted to the
Executive Director of the | ||
Illinois Labor Relations Board State Panel.
| ||
Within 30 days, the Executive Director of the Illinois | ||
Labor Relations Board
State Panel
shall review the | ||
investigative report and determine whether sufficient evidence
| ||
exists to
conduct an evidentiary hearing on the verified | ||
complaint. If the Executive
Director of the Illinois Labor | ||
Relations Board State Panel determines upon his
or
her review | ||
of the investigatory report that a hearing should not be | ||
conducted,
the
complaint shall be dismissed. This decision is | ||
in the Executive Director's sole
discretion, and this dismissal | ||
may not be appealed.
|
If the Executive Director of the Illinois Labor Relations | ||
Board
State Panel
determines that there is sufficient evidence | ||
to warrant a hearing, a hearing
shall
be ordered on the | ||
verified complaint, to be conducted by an administrative law
| ||
judge employed by the Illinois Labor Relations Board State | ||
Panel. The Executive
Director of the Illinois Labor Relations | ||
Board State Panel shall inform the
Executive Director of the | ||
Illinois Law Enforcement Training Standards Board and
the | ||
person who filed the complaint of either the dismissal of the | ||
complaint or
the
issuance of the complaint for hearing.
The | ||
Executive Director shall assign the complaint to the
| ||
administrative law judge within 30 days
of the
decision | ||
granting a hearing.
| ||
(k) In the case of a finding of guilt on the offense of | ||
murder, if a new
trial
is
granted on direct appeal, or a state | ||
post-conviction evidentiary hearing is
ordered, based on a | ||
claim that a police officer, under oath, knowingly and
| ||
willfully made false statements as to a material fact going to | ||
an element of
the
offense of murder, the Illinois Labor | ||
Relations Board State Panel shall hold a
hearing
to
determine | ||
whether the officer should be decertified if an interested | ||
party
requests such a hearing within 2 years of the court's | ||
decision. The complaint
shall be assigned to an administrative | ||
law judge within 30 days so that a
hearing can be scheduled.
| ||
At the hearing, the accused officer shall be afforded the | ||
opportunity to:
|
(1) Be represented by counsel of his or her own | ||
choosing;
| ||
(2) Be heard in his or her own defense;
| ||
(3) Produce evidence in his or her defense;
| ||
(4) Request that the Illinois Labor Relations Board | ||
State Panel compel the
attendance of witnesses and | ||
production of related documents including but not
limited | ||
to court documents and records.
| ||
Once a case has been set for hearing, the verified | ||
complaint shall be
referred to the Department of Professional | ||
Regulation. That office shall
prosecute the verified complaint | ||
at the hearing before the administrative law
judge. The | ||
Department of Professional Regulation shall have the | ||
opportunity to
produce evidence to support the verified | ||
complaint and to request the Illinois
Labor
Relations Board | ||
State Panel to compel the attendance of witnesses and the
| ||
production of related documents, including, but not limited to, | ||
court documents
and records. The Illinois Labor Relations Board | ||
State Panel shall have the
power
to issue subpoenas requiring | ||
the attendance of and testimony of witnesses and
the production | ||
of related documents including, but not limited to, court
| ||
documents and records and shall have the power to administer | ||
oaths.
| ||
The administrative law judge shall have the responsibility | ||
of receiving into
evidence relevant testimony and documents, | ||
including court records, to support
or disprove the allegations |
made by the person filing the verified complaint
and,
at the | ||
close of the case, hear arguments. If the administrative law | ||
judge finds
that there is not clear and convincing evidence to | ||
support the verified
complaint
that the police officer has, | ||
while under oath, knowingly and willfully made
false
statements | ||
as to a material fact going to an element of the offense of | ||
murder,
the
administrative law judge shall make a written | ||
recommendation of dismissal to
the
Illinois Labor Relations | ||
Board State Panel. If the administrative law judge
finds
that | ||
there is clear and convincing evidence that the police officer | ||
has, while
under
oath, knowingly and willfully made false | ||
statements as to a material fact that
goes to an element of the | ||
offense of murder, the administrative law judge shall
make a | ||
written recommendation so concluding to the Illinois Labor | ||
Relations
Board State Panel. The hearings shall be transcribed.
| ||
The Executive
Director of the Illinois Law Enforcement Training | ||
Standards Board shall be
informed of the
administrative law | ||
judge's recommended findings and decision and the Illinois
| ||
Labor Relations Board State Panel's subsequent review of the | ||
recommendation.
| ||
(l) An officer named in any complaint filed pursuant to | ||
this Act shall be
indemnified for his or her reasonable | ||
attorney's fees and costs by his or her
employer. These fees | ||
shall be paid in a regular and timely manner. The State,
upon | ||
application by the public employer, shall reimburse the public | ||
employer
for
the accused officer's reasonable attorney's fees |
and costs. At no time and
under
no circumstances will the | ||
accused officer be required to pay his or her own
reasonable | ||
attorney's fees or costs.
| ||
(m) The accused officer shall not be placed on unpaid | ||
status because of
the filing or processing of the verified | ||
complaint until there is a final
non-appealable order | ||
sustaining his or her guilt and his or her certification
is
| ||
revoked.
Nothing in this Act, however, restricts the public | ||
employer from pursuing
discipline against the officer in the | ||
normal course and under procedures then
in
place.
| ||
(n) The Illinois Labor Relations Board State Panel shall | ||
review the
administrative law judge's recommended decision and | ||
order and determine by a
majority vote whether or not there was | ||
clear and convincing evidence that the
accused officer, while | ||
under oath, knowingly and willfully made false
statements
as to | ||
a material fact going to the offense of murder. Within 30 days | ||
of service
of
the administrative law judge's recommended | ||
decision and order, the parties may
file exceptions to the | ||
recommended decision and order and briefs in support of
their | ||
exceptions with the Illinois Labor Relations Board State Panel. | ||
The
parties
may file responses to the exceptions and briefs in | ||
support of the responses no
later than 15 days after the | ||
service of the exceptions. If exceptions are filed
by
any of | ||
the parties, the Illinois Labor Relations Board State Panel | ||
shall review
the
matter and make a finding to uphold, vacate, | ||
or modify the recommended
decision and order. If the Illinois |
Labor Relations Board State Panel concludes
that there is clear | ||
and convincing evidence that the accused officer, while
under
| ||
oath, knowingly and willfully made false statements as to a | ||
material fact going
to
an element of the offense murder, the | ||
Illinois Labor Relations Board State
Panel
shall inform the | ||
Illinois Law Enforcement Training Standards Board and the
| ||
Illinois Law Enforcement Training Standards Board shall revoke | ||
the accused
officer's certification. If the accused officer | ||
appeals that determination to
the
Appellate Court, as provided | ||
by this Act, he or she may petition the Appellate
Court to stay | ||
the revocation of his or her certification pending the court's
| ||
review
of the matter.
| ||
(o) None of the Illinois Labor Relations Board State | ||
Panel's findings or
determinations shall set any precedent in | ||
any of its decisions decided pursuant
to the Illinois Public | ||
Labor Relations Act by the Illinois Labor Relations
Board
State
| ||
Panel or the courts.
| ||
(p) A party aggrieved by the final order of the Illinois | ||
Labor Relations
Board State Panel may apply for and obtain | ||
judicial review of an order of the
Illinois Labor Relations | ||
Board State Panel, in accordance with the provisions
of
the | ||
Administrative Review Law, except that such judicial review | ||
shall be
afforded
directly in the Appellate Court for the | ||
district in which the accused officer
resides.
Any direct | ||
appeal to the Appellate Court shall be filed within 35 days | ||
from the
date that a copy of the decision sought to be reviewed |
was served upon the
party
affected by the decision.
| ||
(q) Interested parties. Only interested parties to the | ||
criminal prosecution
in
which the police officer allegedly, | ||
while under oath, knowingly and willfully
made
false statements | ||
as to a material fact going to an element of the offense of
| ||
murder may file a verified complaint pursuant to this Section. | ||
For purposes of
this Section, "interested parties" shall be | ||
limited to the defendant and any
police
officer who has | ||
personal knowledge that the police officer who is the subject
| ||
of
the complaint has, while under oath, knowingly and willfully | ||
made false
statements
as
to a material fact going to an element | ||
of the offense of murder.
| ||
(r) Semi-annual reports. The Executive Director of the | ||
Illinois Labor
Relations Board shall submit semi-annual | ||
reports to the Governor, President,
and
Minority Leader of the | ||
Senate, and to the Speaker and Minority Leader of the
House
of | ||
Representatives beginning on June 30, 2004, indicating:
| ||
(1) the number of verified complaints received since | ||
the date of the
last
report;
| ||
(2) the number of investigations initiated since the | ||
date of the last
report;
| ||
(3) the number of investigations concluded since the | ||
date of the last
report;
| ||
(4) the number of investigations pending as of the | ||
reporting date;
| ||
(5) the number of hearings held since the date of the |
last report; and
| ||
(6) the number of officers decertified since the date | ||
of the last
report.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
Section 180. The Peace Officer Firearm Training Act is | ||
amended by changing Section 2 as follows:
| ||
(50 ILCS 710/2) (from Ch. 85, par. 516)
| ||
Sec. 2. Training course for peace officers.
| ||
(a) Successful completion of a 40 hour course of training | ||
in use of a
suitable type firearm shall be a condition | ||
precedent to the possession and use
of that respective firearm | ||
by any peace officer in this State in connection
with the | ||
officer's official duties. The training must be approved by the
| ||
Illinois Law Enforcement Training Standards Board ("the
| ||
Board") and may be given in logical segments but must be | ||
completed within 6
months from the date of the officer's | ||
initial employment. To satisfy the
requirements of this Act, | ||
the training must include the following:
| ||
(1) Instruction in the dangers of misuse of the | ||
firearm, safety
rules, and care and cleaning of the | ||
firearm.
| ||
(2) Practice firing on a range and qualification with | ||
the firearm in
accordance with the standards established by | ||
the Board.
|
(3) Instruction in the legal use of firearms under the | ||
Criminal Code of
2012 1961 and relevant court decisions.
| ||
(4) A forceful presentation of the ethical and moral | ||
considerations
assumed by any person who uses a firearm.
| ||
(b) Any officer who successfully completes the Basic | ||
Training Course
prescribed for recruits by the Board shall be | ||
presumed to have satisfied
the requirements of this Act.
| ||
(c) The Board shall cause the training courses to be | ||
conducted twice each
year within each of the Mobile Team | ||
Regions, but no training course need be
held when there are no | ||
police officers requiring the training.
| ||
(d) (Blank).
| ||
(e) The Board may waive, or may conditionally waive, the 40 | ||
hour course of
training if, in the Board's opinion, the officer | ||
has previously successfully
completed a
course of similar | ||
content and duration. In cases of waiver, the officer shall
| ||
demonstrate
his or her knowledge and proficiency by passing the | ||
written examination on
firearms and
by successfully passing the | ||
range qualification portion of the prescribed
course
of | ||
training.
| ||
(Source: P.A. 94-984, eff. 6-30-06.)
| ||
Section 185. The Uniform Peace Officers' Disciplinary Act | ||
is amended by changing Sections 2 and 5 as follows:
| ||
(50 ILCS 725/2) (from Ch. 85, par. 2552)
|
Sec. 2. For the purposes of this Act, unless clearly | ||
required otherwise,
the terms defined in this Section have the | ||
meaning ascribed herein:
| ||
(a) "Officer" means any peace officer, as defined by | ||
Section 2-13 of the
Criminal Code of 2012 1961, as now or | ||
hereafter amended , who is employed by
any unit of local | ||
government or a State college or university, including
| ||
supervisory and command personnel,
and any pay-grade | ||
investigator for the Secretary of State as
defined in Section | ||
14-110 of the Illinois Pension Code, including
Secretary of | ||
State sergeants, lieutenants, commanders, and investigator
| ||
trainees. The term does not include crossing guards, parking | ||
enforcement
personnel, traffic wardens or employees of any | ||
State's Attorney's office.
| ||
(b) "Informal inquiry" means a meeting by supervisory or | ||
command personnel
with an officer upon whom an allegation of | ||
misconduct has come to the attention
of such supervisory or | ||
command personnel, the purpose of which meeting is
to mediate a | ||
citizen complaint or discuss the facts to determine whether
a | ||
formal investigation should be commenced.
| ||
(c) "Formal investigation" means the process of | ||
investigation ordered
by a commanding officer during which the | ||
questioning of an officer is intended
to gather evidence of | ||
misconduct which may be the basis for filing charges
seeking | ||
his or her removal, discharge or suspension in excess of 3 | ||
days.
|
(d) "Interrogation" means the questioning of an officer | ||
pursuant to
the formal investigation procedures of the | ||
respective State agency or local
governmental unit in | ||
connection with an alleged violation of such agency's
or unit's | ||
rules which may be the basis for filing charges seeking his or
| ||
her suspension, removal, or discharge. The term does not | ||
include
questioning (1) as part of an informal inquiry or (2) | ||
relating to minor
infractions of agency rules which may be | ||
noted on the officer's record but
which may not in themselves | ||
result in removal, discharge or suspension in
excess of 3 days.
| ||
(e) "Administrative proceeding" means any non-judicial | ||
hearing which is
authorized to recommend, approve or order the | ||
suspension, removal, or
discharge of an officer.
| ||
(Source: P.A. 95-293, eff. 1-1-08.)
| ||
(50 ILCS 725/5) (from Ch. 85, par. 2566)
| ||
Sec. 5.
This Act does not apply to any officer charged with | ||
violating
any provisions of the Criminal Code of 1961, the | ||
Criminal Code of 2012, or any other federal, State,
or local | ||
criminal law.
| ||
(Source: P.A. 83-981.)
| ||
Section 190. The Firemen's Disciplinary Act is amended by | ||
changing Section 5 as follows:
| ||
(50 ILCS 745/5) (from Ch. 85, par. 2516)
|
Sec. 5.
This Act does not apply to any fireman charged with | ||
violating
any provisions of the Criminal Code of 1961, the | ||
Criminal Code of 2012, or any other federal, State,
or local | ||
criminal law.
| ||
(Source: P.A. 83-783.)
| ||
Section 195. The Emergency Telephone System Act is amended | ||
by changing Sections 6 and 15.2 as follows:
| ||
(50 ILCS 750/6) (from Ch. 134, par. 36)
| ||
Sec. 6. Capabilities of system; pay telephones. All systems | ||
shall be
designed to meet the specific
requirements of each | ||
community and public agency served by the system.
Every system, | ||
whether basic or sophisticated, shall be designed to have
the | ||
capability of utilizing at least 1 of the methods specified in
| ||
Sections 2.03 through 2.06, in response to emergency calls. The
| ||
General Assembly finds and declares that the most critical | ||
aspect of the
design of any system is the procedure established | ||
for handling a
telephone request for emergency services.
| ||
In addition, to maximize efficiency and utilization of the | ||
system,
all pay telephones within each system shall, within 3 | ||
years after the
implementation date or by December 31, 1985, | ||
whichever is later,
enable a caller to dial "9-1-1" for | ||
emergency services without the
necessity of inserting a coin. | ||
This paragraph does not apply to pay
telephones
located in | ||
penal
institutions, as defined in Section 2-14 of the Criminal |
Code of 2012 1961 , that
have
been designated for the exclusive | ||
use of committed persons.
| ||
(Source: P.A. 91-518, eff. 8-13-99.)
| ||
(50 ILCS 750/15.2) (from Ch. 134, par. 45.2)
| ||
Sec. 15.2.
Any person calling the number "911" for the | ||
purpose of making a
false alarm or complaint and reporting | ||
false information is subject to the
provisions of Section 26-1 | ||
of the Criminal Code of 2012 1961 .
| ||
(Source: P.A. 92-502, eff. 12-19-01.)
| ||
Section 200. The Counties Code is amended by changing | ||
Sections 3-9005, 3-9007, 4-2002, 5-1103, and 5-1117 as follows:
| ||
(55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
| ||
Sec. 3-9005. Powers and duties of State's attorney.
| ||
(a) The duty of each State's attorney shall be:
| ||
(1) To commence and prosecute all actions, suits, | ||
indictments and
prosecutions, civil and criminal, in the | ||
circuit court for his county,
in which the people of the | ||
State or county may be concerned.
| ||
(2) To prosecute all forfeited bonds and | ||
recognizances, and all
actions and proceedings for the | ||
recovery of debts, revenues, moneys,
fines, penalties and | ||
forfeitures accruing to the State or his county, or
to any | ||
school district or road district in his county; also, to
|
prosecute all suits in his county against railroad or | ||
transportation
companies, which may be prosecuted in the | ||
name of the People of the
State of Illinois.
| ||
(3) To commence and prosecute all actions and | ||
proceedings brought by
any county officer in his official | ||
capacity.
| ||
(4) To defend all actions and proceedings brought | ||
against his
county, or against any county or State officer, | ||
in his official
capacity, within his county.
| ||
(5) To attend the examination of all persons brought | ||
before any judge
on habeas corpus, when the prosecution is | ||
in his county.
| ||
(6) To attend before judges and prosecute charges of | ||
felony or
misdemeanor, for which the offender is required | ||
to be recognized to appear
before the circuit court, when | ||
in his power so to do.
| ||
(7) To give his opinion, without fee or reward, to any | ||
county officer
in his county, upon any question or law | ||
relating to any criminal or other
matter, in which the | ||
people or the county may be concerned.
| ||
(8) To assist the attorney general whenever it may be | ||
necessary, and in
cases of appeal from his county to the | ||
Supreme Court, to which it is the
duty of the attorney | ||
general to attend, he shall furnish the attorney general
at | ||
least 10 days before such is due to be filed, a manuscript | ||
of a proposed
statement, brief and argument to be printed |
and filed on behalf of the people,
prepared in accordance | ||
with the rules of the Supreme Court. However, if
such | ||
brief, argument or other document is due to be filed by law | ||
or order
of court within this 10 day period, then the | ||
State's attorney shall furnish
such as soon as may be | ||
reasonable.
| ||
(9) To pay all moneys received by him in trust, without | ||
delay, to the
officer who by law is entitled to the custody | ||
thereof.
| ||
(10) To notify, by first class mail, complaining | ||
witnesses of the ultimate
disposition of the cases arising | ||
from an indictment or an information.
| ||
(11) To perform such other and further duties as may, | ||
from time to time,
be enjoined on him by law.
| ||
(12) To appear in all proceedings by collectors of | ||
taxes against
delinquent taxpayers for judgments to sell | ||
real estate, and see that all the
necessary preliminary | ||
steps have been legally taken to make the judgment legal
| ||
and binding.
| ||
(13) To notify, by first-class mail, the State | ||
Superintendent of Education, the applicable regional | ||
superintendent of schools, and the superintendent of the | ||
employing school district or the chief school | ||
administrator of the employing nonpublic school, if any, | ||
upon the conviction of any individual known to possess a | ||
certificate or license issued pursuant to Article 21 or |
21B, respectively, of the School Code of any offense set | ||
forth in Section 21B-80 of the School Code or any other | ||
felony conviction, providing the name of the certificate | ||
holder, the fact of the conviction, and the name and | ||
location of the court where the conviction occurred. The | ||
certificate holder must also be contemporaneously sent a | ||
copy of the notice. | ||
(b) The State's Attorney of each county shall have | ||
authority to
appoint one or more special investigators to serve | ||
subpoenas, make return
of process and conduct investigations | ||
which assist the State's Attorney in
the performance of his | ||
duties. A special investigator shall not carry
firearms except | ||
with permission of the State's Attorney and only while
carrying | ||
appropriate identification indicating his employment and in | ||
the
performance of his assigned duties.
| ||
Subject to the qualifications set forth in this subsection, | ||
special
investigators shall be peace officers and shall have | ||
all the powers possessed
by investigators under the State's | ||
Attorneys Appellate Prosecutor's Act.
| ||
No special investigator employed by the State's Attorney | ||
shall have peace
officer status or exercise police powers | ||
unless he or she successfully
completes the basic police | ||
training course mandated and approved by the
Illinois Law | ||
Enforcement Training Standards Board or such
board waives the | ||
training requirement by reason of the special
investigator's | ||
prior law enforcement experience or training or both. Any
|
State's Attorney appointing a special investigator shall | ||
consult with all
affected local police agencies, to the extent | ||
consistent with the public
interest, if the special | ||
investigator is assigned to areas within that
agency's | ||
jurisdiction.
| ||
Before a person is appointed as a special investigator, his
| ||
fingerprints shall be taken and transmitted to the Department | ||
of State
Police. The Department shall examine its records and | ||
submit to the State's
Attorney of the county in which the | ||
investigator seeks appointment any
conviction information | ||
concerning the person on file with the Department.
No person | ||
shall be appointed as a special investigator if he has been
| ||
convicted of a felony or other offense involving moral | ||
turpitude. A
special investigator shall be paid a salary and be | ||
reimbursed for actual
expenses incurred in performing his | ||
assigned duties. The county board
shall approve the salary and | ||
actual expenses and appropriate the salary
and expenses in the | ||
manner prescribed by law or ordinance.
| ||
(c) The State's
Attorney may request and receive from | ||
employers, labor unions, telephone
companies, and utility | ||
companies
location information concerning putative fathers and | ||
noncustodial parents for
the purpose of establishing a child's | ||
paternity or establishing, enforcing, or
modifying a child | ||
support obligation. In this subsection, "location
information"
| ||
means information about (i) the physical whereabouts of a | ||
putative father or
noncustodial parent, (ii) the putative |
father or noncustodial parent's
employer, or
(iii) the salary, | ||
wages, and other
compensation paid and the health insurance | ||
coverage provided to the putative
father or noncustodial parent | ||
by the employer of the putative father or
noncustodial parent
| ||
or by a labor union of which the putative father or | ||
noncustodial parent is a
member.
| ||
(d) For each State fiscal year, the
State's Attorney of | ||
Cook County shall appear before the General Assembly and
| ||
request appropriations to be made from the Capital Litigation | ||
Trust Fund to the
State Treasurer for the purpose of providing | ||
assistance in the prosecution of
capital cases in Cook County | ||
and for the purpose of providing assistance to the State in | ||
post-conviction proceedings in capital cases under Article 122 | ||
of the Code of Criminal Procedure of 1963 and in relation to | ||
petitions filed under Section 2-1401 of the Code of Civil | ||
Procedure in relation to capital cases. The State's Attorney | ||
may appear before the
General Assembly at other times during | ||
the State's fiscal year to request
supplemental appropriations | ||
from the Trust Fund to the State Treasurer.
| ||
(e) The State's Attorney shall have the authority to enter | ||
into a written
agreement with the Department of Revenue for | ||
pursuit of civil
liability under subsection (E) of Section 17-1 | ||
of the Criminal Code of 2012 1961 against persons who
have | ||
issued to the Department checks or other orders in violation of | ||
the
provisions of paragraph (1) of subsection (B) of Section | ||
17-1 of the Criminal
Code of 2012 1961 , with the Department to |
retain the amount owing upon the
dishonored check or order | ||
along with the dishonored check fee imposed under the
Uniform | ||
Penalty and Interest Act, with the balance of damages, fees, | ||
and costs
collected under subsection (E) of Section 17-1 of the | ||
Criminal Code of 2012 1961 or under Section 17-1a of that Code | ||
to be retained by
the State's Attorney. The agreement shall not | ||
affect the allocation of fines
and costs imposed in any | ||
criminal prosecution.
| ||
(Source: P.A. 96-431, eff. 8-13-09; 96-1551, eff. 7-1-11; | ||
97-607, eff. 8-26-11.)
| ||
(55 ILCS 5/3-9007) (from Ch. 34, par. 3-9007)
| ||
Sec. 3-9007. Home rule unit liquor tax ordinance; | ||
prosecutions. Where any county, municipality or other unit of | ||
local government has
adopted any ordinance or other regulation | ||
imposing a tax upon the privilege
of engaging in business as a | ||
manufacturer, importing distributor, retailer
or distributor | ||
of beer, alcohol or other spirits, pursuant to its home rule
| ||
powers under Article VII, Section 6 of the Constitution of the | ||
State of
Illinois, nothing shall prohibit a State's attorney | ||
from prosecuting any
offense under the Criminal Code of 1961 or | ||
the Criminal Code of 2012 which may also constitute a
violation | ||
of the applicable ordinance or regulation.
| ||
(Source: P.A. 86-962.)
| ||
(55 ILCS 5/4-2002) (from Ch. 34, par. 4-2002)
|
Sec. 4-2002. State's attorney fees in counties under | ||
3,000,000
population. This Section applies only to counties | ||
with fewer than
3,000,000 inhabitants.
| ||
(a) State's attorneys shall be entitled to the following | ||
fees, however, the
fee requirement of this subsection does not | ||
apply to county boards:
| ||
For each conviction in prosecutions on indictments for | ||
first degree murder,
second degree murder, involuntary | ||
manslaughter, criminal sexual assault,
aggravated criminal | ||
sexual assault, aggravated criminal sexual abuse,
kidnapping, | ||
arson and forgery, $30. All other cases punishable by | ||
imprisonment
in the penitentiary, $30.
| ||
For each conviction in other cases tried before judges of | ||
the circuit
court, $15; except that if the conviction is in a | ||
case which may be
assigned to an associate judge, whether or | ||
not it is in fact assigned to
an associate judge, the fee shall | ||
be $10.
| ||
For preliminary examinations for each defendant held to | ||
bail or
recognizance, $10.
| ||
For each examination of a party bound over to keep the | ||
peace, $10.
| ||
For each defendant held to answer in a circuit court on a | ||
charge of
paternity, $10.
| ||
For each trial on a charge of paternity, $30.
| ||
For each case of appeal taken from his county or from the | ||
county to
which a change of venue is taken to his county to the |
Supreme or
Appellate Court when prosecuted or defended by him, | ||
$50.
| ||
For each day actually employed in the trial of a case, $25; | ||
in which
case the court before whom the case is tried shall | ||
make an order
specifying the number of days for which a per | ||
diem shall be allowed.
| ||
For each day actually employed in the trial of cases of | ||
felony
arising in their respective counties and taken by change | ||
of venue to
another county, $25; and the court before whom the | ||
case is tried shall
make an order specifying the number of days | ||
for which said per diem
shall be allowed; and it is hereby made | ||
the duty of each State's
attorney to prepare and try each case | ||
of felony arising when so taken by
change of venue.
| ||
For assisting in a trial of each case on an indictment for | ||
felony
brought by change of venue to their respective counties, | ||
the same fees
they would be entitled to if such indictment had | ||
been found for an
offense committed in his county, and it shall | ||
be the duty of the
State's attorney of the county to which such | ||
cause is taken by
change of venue to assist in the trial | ||
thereof.
| ||
For each case of forfeited recognizance where the | ||
forfeiture is set
aside at the instance of the defense, in | ||
addition to the ordinary costs,
$10 for each defendant.
| ||
For each proceeding in a circuit court to inquire into the | ||
alleged
mental illness of any person, $10 for each defendant.
| ||
For each proceeding in a circuit court to inquire into the |
alleged
dependency or delinquency of any child, $10.
| ||
For each day actually employed in the hearing of a case of | ||
habeas
corpus in which the people are interested, $25.
| ||
For each violation of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 and the Illinois Vehicle Code in which a | ||
defendant has entered a plea of guilty or a defendant has | ||
stipulated to the facts supporting the charge or a finding of | ||
guilt and the court has entered an order of supervision, $10.
| ||
State's attorneys shall be entitled to a $2 fee to be paid | ||
by the defendant on a judgment of guilty or a grant of | ||
supervision for a violation of any provision of the Illinois | ||
Vehicle Code or any felony, misdemeanor, or petty offense to | ||
discharge the expenses of the State's Attorney's office for | ||
establishing and maintaining automated record keeping systems. | ||
The fee shall be remitted monthly to the county treasurer, to | ||
be deposited by him or her into a special fund designated as | ||
the State's Attorney Records Automation Fund. Expenditures | ||
from this fund may be made by the State's Attorney for | ||
hardware, software, research, and development costs and | ||
personnel related thereto. | ||
All the foregoing fees shall be taxed as costs to be | ||
collected from
the defendant, if possible, upon conviction. But | ||
in cases of inquiry
into the mental illness of any person | ||
alleged to be mentally ill, in
cases on a charge of paternity | ||
and in cases of appeal in the Supreme or
Appellate Court, where | ||
judgment is in favor of the accused, the fees
allowed the |
State's attorney therein shall be retained out of the fines
and | ||
forfeitures collected by them in other cases.
| ||
Ten per cent of all moneys except revenue, collected by | ||
them and paid
over to the authorities entitled thereto, which | ||
per cent together with
the fees provided for herein that are | ||
not collected from the parties
tried or examined, shall be paid | ||
out of any fines and forfeited
recognizances collected by them, | ||
provided however, that in proceedings
to foreclose the lien of | ||
delinquent real estate taxes State's attorneys
shall receive a | ||
fee, to be credited to the earnings of their office, of 10%
of | ||
the total amount realized from the sale of real estate sold in | ||
such
proceedings. Such fees shall be paid from the total amount | ||
realized from
the sale of the real estate sold in such | ||
proceedings.
| ||
State's attorneys shall have a lien for their fees on all | ||
judgments
for fines or forfeitures procured by them and on | ||
moneys except revenue
received by them until such fees and | ||
earnings are fully paid.
| ||
No fees shall be charged on more than 10 counts in any one | ||
indictment
or information on trial and conviction; nor on more | ||
than 10 counts
against any one defendant on pleas of guilty.
| ||
The Circuit Court may direct that of all monies received, | ||
by
restitution or otherwise, which monies are ordered paid to | ||
the
Department of Healthcare and Family Services (formerly | ||
Department of Public Aid) or the Department of Human Services | ||
(acting as
successor to the Department of Public Aid under the |
Department of Human
Services Act) as a direct result of the | ||
efforts
of the
State's attorney and which payments arise from | ||
Civil or Criminal
prosecutions involving the Illinois Public | ||
Aid Code or the Criminal Code,
the
following amounts shall be | ||
paid quarterly by the Department of Healthcare and Family | ||
Services or the Department of Human Services to the General | ||
Corporate Fund of
the County in which the prosecution
or cause | ||
of action took place:
| ||
(1) where the monies result from child support | ||
obligations, not
more than 25% of the federal share of the | ||
monies received,
| ||
(2) where the monies result from other than child | ||
support
obligations, not more than 25% of the State's share | ||
of the monies received.
| ||
In addition to any other amounts to which State's Attorneys | ||
are entitled under this Section, State's Attorneys are entitled | ||
to $10 of the fine that is imposed under Section 5-9-1.17 of | ||
the Unified Code of Corrections, as set forth in that Section. | ||
(b) A municipality shall be entitled to a $25 prosecution | ||
fee for each
conviction for a violation of the Illinois Vehicle | ||
Code prosecuted by the
municipal attorney pursuant to Section | ||
16-102 of that Code which results in a finding of guilt
before | ||
a circuit or associate judge or in which a defendant has | ||
stipulated to the facts supporting the charge or a finding of | ||
guilt and the court has entered an order of supervision and | ||
shall be entitled to a $25
prosecution fee for each conviction |
for a violation of a municipal vehicle
ordinance or nontraffic | ||
ordinance which results in a finding of guilt before a circuit | ||
or associate judge or in which a defendant has stipulated to | ||
the facts supporting the charge or a finding of guilt and the | ||
court has entered an order of supervision. Such fee shall be | ||
taxed as
costs to be collected from the defendant, if possible, | ||
upon disposition of the case. A
municipality shall have a lien | ||
for such prosecution fees on all judgments or
fines procured by | ||
the municipal attorney from prosecutions for violations of
the | ||
Illinois Vehicle Code and municipal vehicle ordinances or | ||
nontraffic
ordinances.
| ||
For the purposes of this subsection (b), "municipal vehicle | ||
ordinance"
means any ordinance enacted pursuant to Sections | ||
11-40-1, 11-40-2, 11-40-2a and
11-40-3 of the Illinois | ||
Municipal Code or any ordinance enacted by a
municipality which | ||
is similar to a provision of Chapter 11 of the Illinois
Vehicle | ||
Code.
| ||
(Source: P.A. 96-707, eff. 1-1-10; 96-1186, eff. 7-22-10; | ||
97-331, eff. 8-12-11; 97-673, eff. 6-1-12; revised 10-16-12.)
| ||
(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 or subdivision (b)(1) of Section 12-3.05 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 , 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. 96-1551, eff. 7-1-11 .)
| ||
(55 ILCS 5/5-1117) (from Ch. 34, par. 5-1117)
| ||
Sec. 5-1117. Discharge of firearms.
| ||
(a) The county board of any county may, by ordinance, | ||
regulate or
prohibit within unincorporated areas the discharge | ||
of firearms in any
residential area where such discharge is | ||
likely to subject residents or
passersby to the risk of injury. | ||
However, such an ordinance shall not
limit the right to | ||
discharge a firearm for the lawful defense of persons or
| ||
property, or in the course of making a lawful arrest, when such | ||
use of force
is justified under Article 7 of the Criminal Code | ||
of 2012 1961 .
| ||
(b) For the purposes of this Section, a "residential area" | ||
is any
area within 300 yards of at least 3 single or | ||
multi-family residential
structures.
| ||
(Source: P.A. 87-580.)
|
Section 205. The Illinois Municipal Code is amended by | ||
changing Sections 10-1-7, 10-1-7.1, 10-2.1-6, and 10-2.1-6.3 | ||
as follows:
| ||
(65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
| ||
Sec. 10-1-7. Examination of applicants; disqualifications.
| ||
(a) All applicants for offices or places in the classified | ||
service, except
those mentioned in Section 10-1-17, are subject | ||
to examination. The
examination shall be public, competitive, | ||
and open to all citizens of the
United States, with specified | ||
limitations as to residence, age, health, habits
and moral | ||
character.
| ||
(b) Residency requirements in effect at the time an | ||
individual enters the
fire or police service of a municipality | ||
(other than a municipality that
has more than 1,000,000 | ||
inhabitants) cannot be made more restrictive
for that | ||
individual during his or her period of service for that | ||
municipality,
or be made a condition of promotion, except for | ||
the rank or position of Fire or
Police Chief.
| ||
(c) No person with a record of misdemeanor convictions | ||
except
those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, | ||
11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, | ||
14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, | ||
31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and | ||
(a)(2)(C) of Section 11-14.3, and subsections (1), (6) and
(8) | ||
of Section 24-1 of the Criminal Code of 1961 or the Criminal |
Code of 2012 or arrested for any cause but
not convicted on | ||
that cause shall be disqualified from taking the examination
on | ||
grounds of habits or moral character, unless the person is | ||
attempting to
qualify for a position on the police department, | ||
in which case the conviction
or arrest may be considered as a | ||
factor in determining the person's habits or
moral character.
| ||
(d) Persons entitled to military preference under Section | ||
10-1-16
shall not be subject to limitations specifying age | ||
unless they are
applicants for a position as a fireman or a | ||
policeman having no previous
employment status as a fireman or | ||
policeman in the regularly constituted
fire or police | ||
department of the municipality, in which case they must not
| ||
have attained their 35th birthday, except any person who has | ||
served as an
auxiliary police officer under Section 3.1-30-20 | ||
for at least 5 years and is
under 40 years of age.
| ||
(e) All employees of a municipality of less than 500,000 | ||
population (except
those who would be excluded from the | ||
classified service as provided in this
Division 1) who are | ||
holding that employment as of the date a municipality
adopts | ||
this Division 1, or as of July 17, 1959, whichever date is the | ||
later,
and who have held that employment for at least 2 years | ||
immediately before that
later date, and all firemen and | ||
policemen regardless of length of service who
were either | ||
appointed to their respective positions by the board of fire | ||
and
police commissioners under the provisions of Division 2 of | ||
this Article or who
are serving in a position (except as a |
temporary employee) in the fire or
police department in the | ||
municipality on the date a municipality adopts
this Division 1, | ||
or as of July 17, 1959, whichever date is the later, shall
| ||
become members of the classified civil service of the | ||
municipality
without examination.
| ||
(f) The examinations shall be practical in their character, | ||
and shall
relate to those matters that will fairly test the | ||
relative capacity of the
persons examined to discharge the | ||
duties of the positions to which they
seek to be appointed. The | ||
examinations shall include tests of physical
qualifications, | ||
health, and (when appropriate) manual skill. If an applicant
is | ||
unable to pass the physical examination solely as the result of | ||
an injury
received by the applicant as the result of the | ||
performance of an act of duty
while working as a temporary | ||
employee in the position for which he or she is
being examined, | ||
however, the physical examination shall be waived and the
| ||
applicant shall be considered to have passed the examination. | ||
No questions in
any examination shall relate to political or | ||
religious opinions or
affiliations. Results of examinations | ||
and the eligible registers prepared from
the results shall be | ||
published by the commission within 60 days after any
| ||
examinations are held.
| ||
(g) The commission shall control all examinations, and may, | ||
whenever an
examination is to take place, designate a suitable | ||
number of persons,
either in or not in the official service of | ||
the municipality, to be
examiners. The examiners shall conduct |
the examinations as directed by the
commission and shall make a | ||
return or report of the examinations to the
commission. If the | ||
appointed examiners are in the official service of the
| ||
municipality, the examiners shall not receive extra | ||
compensation for conducting
the examinations unless the | ||
examiners are subject to a collective bargaining agreement with | ||
the municipality. The commission may at any time substitute any | ||
other person,
whether or not in the service of the | ||
municipality, in the place of any one
selected as an examiner. | ||
The commission members may themselves at any time act
as | ||
examiners without appointing examiners. The examiners at any | ||
examination
shall not all be members of the same political | ||
party.
| ||
(h) In municipalities of 500,000 or more population, no | ||
person who has
attained his or her 35th birthday shall be | ||
eligible to take an examination for
a position as a fireman or | ||
a policeman unless the person has had previous
employment | ||
status as a policeman or fireman in the regularly constituted | ||
police
or fire department of the municipality, except as | ||
provided in this Section.
| ||
(i) In municipalities of more than 5,000 but not more than | ||
200,000
inhabitants, no person who has attained his or her 35th | ||
birthday shall be
eligible to take an examination for a | ||
position as a fireman or a policeman
unless the person has had | ||
previous employment status as a policeman or fireman
in the | ||
regularly constituted police or fire department of the |
municipality,
except as provided in this Section.
| ||
(j) In all municipalities, applicants who are 20 years of | ||
age and who have
successfully completed 2 years of law | ||
enforcement studies at an accredited
college or university may | ||
be considered for appointment to active duty with
the police | ||
department. An applicant described in this subsection (j) who | ||
is
appointed to active duty shall not have power of arrest, nor | ||
shall the
applicant be permitted to carry firearms, until he or | ||
she reaches 21 years of
age.
| ||
(k) In municipalities of more than 500,000 population, | ||
applications for
examination for and appointment to positions | ||
as firefighters or police
shall be made available at various | ||
branches of the public library of the
municipality.
| ||
(l) No municipality having a population less than 1,000,000 | ||
shall require
that any fireman appointed to the lowest rank | ||
serve a probationary employment
period of longer than one year. | ||
The limitation on periods of probationary
employment provided | ||
in this amendatory Act of 1989 is an exclusive power and
| ||
function of the State. Pursuant to subsection (h) of Section 6 | ||
of Article VII
of the Illinois Constitution, a home rule | ||
municipality having a population less
than 1,000,000 must | ||
comply with this limitation on periods of probationary
| ||
employment, which is a denial and limitation of home rule | ||
powers.
Notwithstanding anything to the contrary in this | ||
Section, the probationary
employment period limitation may be | ||
extended for a firefighter who is required, as a condition of |
employment, to be a certified paramedic, during which time the | ||
sole reason that a firefighter may be discharged without a | ||
hearing is for failing to meet the requirements for paramedic | ||
certification.
| ||
(m) To the extent that this Section or any other Section in | ||
this Division conflicts with Section 10-1-7.1 or 10-1-7.2, then | ||
Section 10-1-7.1 or 10-1-7.2 shall control. | ||
(Source: P.A. 96-1551, eff. 7-1-11; 97-251, eff. 8-4-11; | ||
97-898, eff. 8-6-12; 97-1109, eff. 1-1-13.)
| ||
(65 ILCS 5/10-1-7.1) | ||
Sec. 10-1-7.1. Original appointments; full-time fire | ||
department. | ||
(a) Applicability. Unless a commission elects to follow the | ||
provisions of Section 10-1-7.2, this Section shall apply to all | ||
original appointments to an affected full-time fire | ||
department. Existing registers of eligibles shall continue to | ||
be valid until their expiration dates, or up to a maximum of 2 | ||
years after the effective date of this amendatory Act of the | ||
97th General Assembly. | ||
Notwithstanding any statute, ordinance, rule, or other law | ||
to the contrary, all original appointments to an affected | ||
department to which this Section applies shall be administered | ||
in the manner provided for in this Section. Provisions of the | ||
Illinois Municipal Code, municipal ordinances, and rules | ||
adopted pursuant to such authority and other laws relating to |
initial hiring of firefighters in affected departments shall | ||
continue to apply to the extent they are compatible with this | ||
Section, but in the event of a conflict between this Section | ||
and any other law, this Section shall control. | ||
A home rule or non-home rule municipality may not | ||
administer its fire department process for original | ||
appointments in a manner that is less stringent than this | ||
Section. This Section is a limitation under subsection (i) of | ||
Section 6 of Article VII of the Illinois Constitution on the | ||
concurrent exercise by home rule units of the powers and | ||
functions exercised by the State. | ||
A municipality that is operating under a court order or | ||
consent decree regarding original appointments to a full-time | ||
fire department before the effective date of this amendatory | ||
Act of the 97th General Assembly is exempt from the | ||
requirements of this Section for the duration of the court | ||
order or consent decree. | ||
Notwithstanding any other provision of this subsection | ||
(a), this Section does not apply to a municipality with more | ||
than 1,000,000 inhabitants. | ||
(b) Original appointments. All original appointments made | ||
to an affected fire department shall be made from a register of | ||
eligibles established in accordance with the processes | ||
established by this Section. Only persons who meet or exceed | ||
the performance standards required by this Section shall be | ||
placed on a register of eligibles for original appointment to |
an affected fire department. | ||
Whenever an appointing authority authorizes action to hire | ||
a person to perform the duties of a firefighter or to hire a | ||
firefighter-paramedic to fill a position that is a new position | ||
or vacancy due to resignation, discharge, promotion, death, the | ||
granting of a disability or retirement pension, or any other | ||
cause, the appointing authority shall appoint to that position | ||
the person with the highest ranking on the final eligibility | ||
list. If the appointing authority has reason to conclude that | ||
the highest ranked person fails to meet the minimum standards | ||
for the position or if the appointing authority believes an | ||
alternate candidate would better serve the needs of the | ||
department, then the appointing authority has the right to pass | ||
over the highest ranked person and appoint either: (i) any | ||
person who has a ranking in the top 5% of the register of | ||
eligibles or (ii) any person who is among the top 5 highest | ||
ranked persons on the list of eligibles if the number of people | ||
who have a ranking in the top 5% of the register of eligibles | ||
is less than 5 people. | ||
Any candidate may pass on an appointment once without | ||
losing his or her position on the register of eligibles. Any | ||
candidate who passes a second time may be removed from the list | ||
by the appointing authority provided that such action shall not | ||
prejudice a person's opportunities to participate in future | ||
examinations, including an examination held during the time a | ||
candidate is already on the municipality's register of |
eligibles. | ||
The sole authority to issue certificates of appointment | ||
shall be vested in the Civil Service Commission. All | ||
certificates of appointment issued to any officer or member of | ||
an affected department shall be signed by the chairperson and | ||
secretary, respectively, of the commission upon appointment of | ||
such officer or member to the affected department by the | ||
commission. Each person who accepts a certificate of | ||
appointment and successfully completes his or her probationary | ||
period shall be enrolled as a firefighter and as a regular | ||
member of the fire department. | ||
For the purposes of this Section, "firefighter" means any | ||
person who has been prior to, on, or after the effective date | ||
of this amendatory Act of the 97th General Assembly appointed | ||
to a fire department or fire protection district or employed by | ||
a State university and sworn or commissioned to perform | ||
firefighter duties or paramedic duties, or both, except that | ||
the following persons are not included: part-time | ||
firefighters; auxiliary, reserve, or voluntary firefighters, | ||
including paid-on-call firefighters; clerks and dispatchers or | ||
other civilian employees of a fire department or fire | ||
protection district who are not routinely expected to perform | ||
firefighter duties; and elected officials. | ||
(c) Qualification for placement on register of eligibles. | ||
The purpose of establishing a register of eligibles is to | ||
identify applicants who possess and demonstrate the mental |
aptitude and physical ability to perform the duties required of | ||
members of the fire department in order to provide the highest | ||
quality of service to the public. To this end, all applicants | ||
for original appointment to an affected fire department shall | ||
be subject to examination and testing which shall be public, | ||
competitive, and open to all applicants unless the municipality | ||
shall by ordinance limit applicants to residents of the | ||
municipality, county or counties in which the municipality is | ||
located, State, or nation. Municipalities may establish | ||
educational, emergency medical service licensure, and other | ||
pre-requisites for participation in an examination or for hire | ||
as a firefighter. Any municipality may charge a fee to cover | ||
the costs of the application process. | ||
Residency requirements in effect at the time an individual | ||
enters the fire service of a municipality cannot be made more | ||
restrictive for that individual during his or her period of | ||
service for that municipality, or be made a condition of | ||
promotion, except for the rank or position of fire chief and | ||
for no more than 2 positions that rank immediately below that | ||
of the chief rank which are appointed positions pursuant to the | ||
Fire Department Promotion Act. | ||
No person who is 35 years of age or older shall be eligible | ||
to take an examination for a position as a firefighter unless | ||
the person has had previous employment status as a firefighter | ||
in the regularly constituted fire department of the | ||
municipality, except as provided in this Section. The age |
limitation does not apply to: | ||
(1) any person previously employed as a full-time | ||
firefighter in a regularly constituted fire department of | ||
(i) any municipality or fire protection district located in | ||
Illinois, (ii) a fire protection district whose | ||
obligations were assumed by a municipality under Section 21 | ||
of the Fire Protection District Act, or (iii) a | ||
municipality whose obligations were taken over by a fire | ||
protection district, or | ||
(2) any person who has served a municipality as a | ||
regularly enrolled volunteer, paid-on-call, or part-time | ||
firefighter for the 5 years immediately preceding the time | ||
that the municipality begins to use full-time firefighters | ||
to provide all or part of its fire protection service. | ||
No person who is under 21 years of age shall be eligible | ||
for employment as a firefighter. | ||
No applicant shall be examined concerning his or her | ||
political or religious opinions or affiliations. The | ||
examinations shall be conducted by the commissioners of the | ||
municipality or their designees and agents. | ||
No municipality shall require that any firefighter | ||
appointed to the lowest rank serve a probationary employment | ||
period of longer than one year of actual active employment, | ||
which may exclude periods of training, or injury or illness | ||
leaves, including duty related leave, in excess of 30 calendar | ||
days. Notwithstanding anything to the contrary in this Section, |
the probationary employment period limitation may be extended | ||
for a firefighter who is required, as a condition of | ||
employment, to be a certified paramedic, during which time the | ||
sole reason that a firefighter may be discharged without a | ||
hearing is for failing to meet the requirements for paramedic | ||
certification. | ||
In the event that any applicant who has been found eligible | ||
for appointment and whose name has been placed upon the final | ||
eligibility register provided for in this Division 1 has not | ||
been appointed to a firefighter position within one year after | ||
the date of his or her physical ability examination, the | ||
commission may cause a second examination to be made of that | ||
applicant's physical ability prior to his or her appointment. | ||
If, after the second examination, the physical ability of the | ||
applicant shall be found to be less than the minimum standard | ||
fixed by the rules of the commission, the applicant shall not | ||
be appointed. The applicant's name may be retained upon the | ||
register of candidates eligible for appointment and when next | ||
reached for certification and appointment that applicant may be | ||
again examined as provided in this Section, and if the physical | ||
ability of that applicant is found to be less than the minimum | ||
standard fixed by the rules of the commission, the applicant | ||
shall not be appointed, and the name of the applicant shall be | ||
removed from the register. | ||
(d) Notice, examination, and testing components. Notice of | ||
the time, place, general scope, merit criteria for any |
subjective component, and fee of every examination shall be | ||
given by the commission, by a publication at least 2 weeks | ||
preceding the examination: (i) in one or more newspapers | ||
published in the municipality, or if no newspaper is published | ||
therein, then in one or more newspapers with a general | ||
circulation within the municipality, or (ii) on the | ||
municipality's Internet website. Additional notice of the | ||
examination may be given as the commission shall prescribe. | ||
The examination and qualifying standards for employment of | ||
firefighters shall be based on: mental aptitude, physical | ||
ability, preferences, moral character, and health. The mental | ||
aptitude, physical ability, and preference components shall | ||
determine an applicant's qualification for and placement on the | ||
final register of eligibles. The examination may also include a | ||
subjective component based on merit criteria as determined by | ||
the commission. Scores from the examination must be made | ||
available to the public. | ||
(e) Mental aptitude. No person who does not possess at | ||
least a high school diploma or an equivalent high school | ||
education shall be placed on a register of eligibles. | ||
Examination of an applicant's mental aptitude shall be based | ||
upon a written examination. The examination shall be practical | ||
in character and relate to those matters that fairly test the | ||
capacity of the persons examined to discharge the duties | ||
performed by members of a fire department. Written examinations | ||
shall be administered in a manner that ensures the security and |
accuracy of the scores achieved. | ||
(f) Physical ability. All candidates shall be required to | ||
undergo an examination of their physical ability to perform the | ||
essential functions included in the duties they may be called | ||
upon to perform as a member of a fire department. For the | ||
purposes of this Section, essential functions of the job are | ||
functions associated with duties that a firefighter may be | ||
called upon to perform in response to emergency calls. The | ||
frequency of the occurrence of those duties as part of the fire | ||
department's regular routine shall not be a controlling factor | ||
in the design of examination criteria or evolutions selected | ||
for testing. These physical examinations shall be open, | ||
competitive, and based on industry standards designed to test | ||
each applicant's physical abilities in the following | ||
dimensions: | ||
(1) Muscular strength to perform tasks and evolutions | ||
that may be required in the performance of duties including | ||
grip strength, leg strength, and arm strength. Tests shall | ||
be conducted under anaerobic as well as aerobic conditions | ||
to test both the candidate's speed and endurance in | ||
performing tasks and evolutions. Tasks tested may be based | ||
on standards developed, or approved, by the local | ||
appointing authority. | ||
(2) The ability to climb ladders, operate from heights, | ||
walk or crawl in the dark along narrow and uneven surfaces, | ||
and operate in proximity to hazardous environments. |
(3) The ability to carry out critical, time-sensitive, | ||
and complex problem solving during physical exertion in | ||
stressful and hazardous environments. The testing | ||
environment may be hot and dark with tightly enclosed | ||
spaces, flashing lights, sirens, and other distractions. | ||
The tests utilized to measure each applicant's
| ||
capabilities in each of these dimensions may be tests based on
| ||
industry standards currently in use or equivalent tests | ||
approved by the Joint Labor-Management Committee of the Office | ||
of the State Fire Marshal. | ||
Physical ability examinations administered under this | ||
Section shall be conducted with a reasonable number of proctors | ||
and monitors, open to the public, and subject to reasonable | ||
regulations of the commission. | ||
(g) Scoring of examination components. Appointing | ||
authorities may create a preliminary eligibility register. A | ||
person shall be placed on the list based upon his or her | ||
passage of the written examination or the passage of the | ||
written examination and the physical ability component. | ||
Passage of the written examination means a score that is at or | ||
above the median score for all applicants participating in the | ||
written test. The appointing authority may conduct the physical | ||
ability component and any subjective components subsequent to | ||
the posting of the preliminary eligibility register. | ||
The examination components for an initial eligibility | ||
register shall be graded on a 100-point scale. A person's |
position on the list shall be determined by the following: (i)
| ||
the person's score on the written examination, (ii) the person
| ||
successfully passing the physical ability component, and (iii) | ||
the
person's results on any subjective component as described | ||
in
subsection (d). | ||
In order to qualify for placement on the final eligibility | ||
register, an applicant's score on the written examination, | ||
before any applicable preference points or subjective points | ||
are applied, shall be at or above the median score. The local | ||
appointing authority may prescribe the score to qualify for | ||
placement on the final eligibility register, but the score | ||
shall not be less than the median score. | ||
The commission shall prepare and keep a register of persons | ||
whose total score is not less than the minimum fixed by this | ||
Section and who have passed the physical ability examination. | ||
These persons shall take rank upon the register as candidates | ||
in the order of their relative excellence based on the highest | ||
to the lowest total points scored on the mental aptitude, | ||
subjective component, and preference components of the test | ||
administered in accordance with this Section. No more than 60 | ||
days after each examination, an initial eligibility list shall | ||
be posted by the commission. The list shall include the final | ||
grades of the candidates without reference to priority of the | ||
time of examination and subject to claim for preference credit. | ||
Commissions may conduct additional examinations, including | ||
without limitation a polygraph test, after a final eligibility |
register is established and before it expires with the | ||
candidates ranked by total score without regard to date of | ||
examination. No more than 60 days after each examination, an | ||
initial eligibility list shall be posted by the commission | ||
showing the final grades of the candidates without reference to | ||
priority of time of examination and subject to claim for | ||
preference credit. | ||
(h) Preferences. The following are preferences: | ||
(1) Veteran preference. Persons who were engaged in the | ||
military service of the United States for a period of at | ||
least one year of active duty and who were honorably | ||
discharged therefrom, or who are now or have been members | ||
on inactive or reserve duty in such military or naval | ||
service, shall be preferred for appointment to and | ||
employment with the fire department of an affected | ||
department. | ||
(2) Fire cadet preference. Persons who have | ||
successfully completed 2 years of study in fire techniques | ||
or cadet training within a cadet program established under | ||
the rules of the Joint Labor and Management Committee | ||
(JLMC), as defined in Section 50 of the Fire Department | ||
Promotion Act, may be preferred for appointment to and | ||
employment with the fire department. | ||
(3) Educational preference. Persons who have | ||
successfully obtained an associate's degree in the field of | ||
fire service or emergency medical services, or a bachelor's |
degree from an accredited college or university may be | ||
preferred for appointment to and employment with the fire | ||
department. | ||
(4) Paramedic preference. Persons who have obtained | ||
certification as an Emergency Medical Technician-Paramedic | ||
(EMT-P) may be preferred for appointment to and employment | ||
with the fire department of an affected department | ||
providing emergency medical services. | ||
(5) Experience preference. All persons employed by a | ||
municipality who have been paid-on-call or part-time | ||
certified Firefighter II, certified Firefighter III, State | ||
of Illinois or nationally licensed EMT-B or EMT-I, licensed | ||
paramedic, or any combination of those capacities may be | ||
awarded up to a maximum of 5 points. However, the applicant | ||
may not be awarded more than 0.5 points for each complete | ||
year of paid-on-call or part-time service. Applicants from | ||
outside the municipality who were employed as full-time | ||
firefighters or firefighter-paramedics by a fire | ||
protection district or another municipality may be awarded | ||
up to 5 experience preference points. However, the | ||
applicant may not be awarded more than one point for each | ||
complete year of full-time service. | ||
Upon request by the commission, the governing body of | ||
the municipality or in the case of applicants from outside | ||
the municipality the governing body of any fire protection | ||
district or any other municipality shall certify to the |
commission, within 10 days after the request, the number of | ||
years of successful paid-on-call, part-time, or full-time | ||
service of any person. A candidate may not receive the full | ||
amount of preference points under this subsection if the | ||
amount of points awarded would place the candidate before a | ||
veteran on the eligibility list. If more than one candidate | ||
receiving experience preference points is prevented from | ||
receiving all of their points due to not being allowed to | ||
pass a veteran, the candidates shall be placed on the list | ||
below the veteran in rank order based on the totals | ||
received if all points under this subsection were to be | ||
awarded. Any remaining ties on the list shall be determined | ||
by lot. | ||
(6) Residency preference. Applicants whose principal | ||
residence is located within the fire department's | ||
jurisdiction may be preferred for appointment to and | ||
employment with the fire department. | ||
(7) Additional preferences. Up to 5 additional | ||
preference points may be awarded for unique categories | ||
based on an applicant's experience or background as | ||
identified by the commission. | ||
(8) Scoring of preferences. The commission shall give | ||
preference for original appointment to persons designated | ||
in item (1)
by adding to the final grade that they receive | ||
5 points
for the recognized preference achieved. The | ||
commission shall determine the number of preference points |
for each category except (1). The number of preference | ||
points for each category shall range from 0 to 5. In | ||
determining the number of preference points, the | ||
commission shall prescribe that if a candidate earns the | ||
maximum number of preference points in all categories, that | ||
number may not be less than 10 nor more than 30. The | ||
commission shall give preference for original appointment | ||
to persons designated in items (2) through (7) by adding | ||
the requisite number of points to the final grade for each | ||
recognized preference achieved. The numerical result thus | ||
attained shall be applied by the commission in determining | ||
the final eligibility list and appointment from the | ||
eligibility list. The local appointing authority may | ||
prescribe the total number of preference points awarded | ||
under this Section, but the total number of preference | ||
points shall not be less than 10 points or more than 30 | ||
points. | ||
No person entitled to any preference shall be required to | ||
claim the credit before any examination held under the | ||
provisions of this Section, but the preference shall be given | ||
after the posting or publication of the initial eligibility | ||
list or register at the request of a person entitled to a | ||
credit before any certification or appointments are made from | ||
the eligibility register, upon the furnishing of verifiable | ||
evidence and proof of qualifying preference credit. Candidates | ||
who are eligible for preference credit shall make a claim in |
writing within 10 days after the posting of the initial | ||
eligibility list, or the claim shall be deemed waived. Final | ||
eligibility registers shall be established after the awarding | ||
of verified preference points. All employment shall be subject | ||
to the commission's initial hire background review including, | ||
but not limited to, criminal history, employment history, moral | ||
character, oral examination, and medical and psychological | ||
examinations, all on a pass-fail basis. The medical and | ||
psychological examinations must be conducted last, and may only | ||
be performed after a conditional offer of employment has been | ||
extended. | ||
Any person placed on an eligibility list who exceeds the | ||
age requirement before being appointed to a fire department | ||
shall remain eligible for appointment until the list is | ||
abolished, or his or her name has been on the list for a period | ||
of 2 years. No person who has attained the age of 35 years | ||
shall be inducted into a fire department, except as otherwise | ||
provided in this Section. | ||
The commission shall strike off the names of candidates for | ||
original appointment after the names have been on the list for | ||
more than 2 years. | ||
(i) Moral character. No person shall be appointed to a fire | ||
department unless he or she is a person of good character; not | ||
a habitual drunkard, a gambler, or a person who has been | ||
convicted of a felony or a crime involving moral turpitude. | ||
However, no person shall be disqualified from appointment to |
the fire department because of the person's record of | ||
misdemeanor convictions except those under Sections 11-6, | ||
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | ||
1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, or arrest for any cause without | ||
conviction thereon. Any such person who is in the department | ||
may be removed on charges brought for violating this subsection | ||
and after a trial as hereinafter provided. | ||
A classifiable set of the fingerprints of every person who | ||
is offered employment as a certificated member of an affected | ||
fire department whether with or without compensation, shall be | ||
furnished to the Illinois Department of State Police and to the | ||
Federal Bureau of Investigation by the commission. | ||
Whenever a commission is authorized or required by law to | ||
consider some aspect of criminal history record information for | ||
the purpose of carrying out its statutory powers and | ||
responsibilities, then, upon request and payment of fees in | ||
conformance with the requirements of Section 2605-400 of the | ||
State Police Law of the Civil Administrative Code of Illinois, | ||
the Department of State Police is authorized to furnish, | ||
pursuant to positive identification, the information contained | ||
in State files as is necessary to fulfill the request. | ||
(j) Temporary appointments. In order to prevent a stoppage | ||
of public business, to meet extraordinary exigencies, or to |
prevent material impairment of the fire department, the | ||
commission may make temporary appointments, to remain in force | ||
only until regular appointments are made under the provisions | ||
of this Division, but never to exceed 60 days. No temporary | ||
appointment of any one person shall be made more than twice in | ||
any calendar year. | ||
(k) A person who knowingly divulges or receives test | ||
questions or answers before a written examination, or otherwise | ||
knowingly violates or subverts any requirement of this Section, | ||
commits a violation of this Section and may be subject to | ||
charges for official misconduct. | ||
A person who is the knowing recipient of test information | ||
in advance of the examination shall be disqualified from the | ||
examination or discharged from the position to which he or she | ||
was appointed, as applicable, and otherwise subjected to | ||
disciplinary actions.
| ||
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12.)
| ||
(65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
| ||
Sec. 10-2.1-6. Examination of applicants; | ||
disqualifications.
| ||
(a) All applicants for a position in either the fire or | ||
police department
of the municipality shall be under 35 years | ||
of age, shall be subject to an
examination that shall be | ||
public, competitive, and open to all applicants
(unless the | ||
council or board of trustees by ordinance limit applicants to
|
electors of the municipality, county, state or nation) and | ||
shall be subject to
reasonable limitations as to residence, | ||
health, habits, and moral character.
The municipality may not | ||
charge or collect any fee from an applicant who has
met all | ||
prequalification standards established by the municipality for | ||
any such
position. With respect to a police department, a | ||
veteran shall be allowed to exceed the maximum age provision of | ||
this Section by the number of years served on active military | ||
duty, but by no more than 10 years of active military duty.
| ||
(b) Residency requirements in effect at the time an | ||
individual enters the
fire or police service of a municipality | ||
(other than a municipality that
has more than 1,000,000 | ||
inhabitants) cannot be made more restrictive for
that | ||
individual during his period of service for that municipality, | ||
or be
made a condition of promotion, except for the rank or | ||
position of Fire or
Police Chief.
| ||
(c) No person with a record of misdemeanor convictions | ||
except those
under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, | ||
11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, | ||
14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
31-6, | ||
31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and | ||
(a)(2)(C) of Section 11-14.3, and subsections (1), (6) and (8) | ||
of
Section 24-1 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012, or arrested for any cause but not
convicted on | ||
that cause shall be disqualified from taking the examination to
| ||
qualify for a position in the fire department on grounds of |
habits or moral
character.
| ||
(d) The age limitation in subsection (a) does not apply (i) | ||
to any person
previously employed as a policeman or fireman in | ||
a regularly constituted police
or fire department of (I) any | ||
municipality, regardless of whether the municipality is | ||
located in Illinois or in another state, or (II) a fire | ||
protection district
whose obligations were assumed by a | ||
municipality under Section 21 of the Fire
Protection District | ||
Act, (ii) to any person who has served a municipality as a
| ||
regularly enrolled volunteer fireman for 5 years immediately | ||
preceding the time
that municipality begins to use full time | ||
firemen to provide all or part of its
fire protection service, | ||
or (iii) to any person who has served as an auxiliary police | ||
officer under Section 3.1-30-20 for at least 5 years and is | ||
under 40 years of
age, (iv) to any person who has served as a | ||
deputy under Section 3-6008 of
the Counties Code and otherwise | ||
meets necessary training requirements, or (v) to any person who | ||
has served as a sworn officer as a member of the Illinois | ||
Department of State Police.
| ||
(e) Applicants who are 20 years of age and who have | ||
successfully completed 2
years of law enforcement studies at an | ||
accredited college or university may be
considered for | ||
appointment to active duty with the police department. An
| ||
applicant described in this subsection (e) who is appointed to | ||
active duty
shall not have power of arrest, nor shall the | ||
applicant be permitted to carry
firearms, until he or she |
reaches 21 years of age.
| ||
(f) Applicants who are 18 years of age and who have | ||
successfully
completed 2 years of study in fire techniques, | ||
amounting to a total of 4
high school credits, within the cadet | ||
program of a municipality may be
considered for appointment to | ||
active duty with the fire department of any
municipality.
| ||
(g) The council or board of trustees may by ordinance | ||
provide
that persons residing outside the municipality are | ||
eligible to take the
examination.
| ||
(h) The examinations shall be practical in character and | ||
relate to
those matters that will fairly test the capacity of | ||
the persons examined
to discharge the duties of the positions | ||
to which they seek appointment. No
person shall be appointed to | ||
the police or fire department if he or she does
not possess a | ||
high school diploma or an equivalent high school education.
A | ||
board of fire and police commissioners may, by its rules, | ||
require police
applicants to have obtained an associate's | ||
degree or a bachelor's degree as a
prerequisite for employment. | ||
The
examinations shall include tests of physical | ||
qualifications and health. A board of fire and police | ||
commissioners may, by its rules, waive portions of the required | ||
examination for police applicants who have previously been | ||
full-time sworn officers of a regular police department in any | ||
municipal, county, university, or State law enforcement | ||
agency, provided they are certified by the Illinois Law | ||
Enforcement Training Standards Board and have been with their |
respective law enforcement agency within the State for at least | ||
2 years. No
person shall be appointed to the police or fire | ||
department if he or she has
suffered the amputation of any limb | ||
unless the applicant's duties will be only
clerical or as a | ||
radio operator. No applicant shall be examined concerning his
| ||
or her political or religious opinions or affiliations. The | ||
examinations shall
be conducted by the board of fire and police | ||
commissioners of the municipality
as provided in this Division | ||
2.1.
| ||
(i) No person who is classified by his local selective | ||
service draft board
as a conscientious objector, or who has | ||
ever been so classified, may be
appointed to the police | ||
department.
| ||
(j) No person shall be appointed to the police or fire | ||
department unless he
or she is a person of good character and | ||
not an habitual drunkard, gambler, or
a person who has been | ||
convicted of a felony or a crime involving moral
turpitude. No | ||
person, however, shall be disqualified from appointment to the
| ||
fire department because of his or her record of misdemeanor | ||
convictions except
those under Sections 11-1.50, 11-6, 11-7, | ||
11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
| ||
12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, | ||
31-1, 31-4, 31-6,
31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, | ||
subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and | ||
subsections (1), (6) and (8) of Section
24-1 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012, or arrest for any |
cause without conviction on
that cause. Any such person who is | ||
in the department may be removed on charges
brought and after a | ||
trial as provided in this Division 2.1.
| ||
(Source: P.A. 95-165, eff. 1-1-08; 95-931, eff. 1-1-09; 96-472, | ||
eff. 8-14-09; 96-1551, eff. 7-1-11 .)
| ||
(65 ILCS 5/10-2.1-6.3) | ||
Sec. 10-2.1-6.3. Original appointments; full-time fire | ||
department. | ||
(a) Applicability. Unless a commission elects to follow the | ||
provisions of Section 10-2.1-6.4, this Section shall apply to | ||
all original appointments to an affected full-time fire | ||
department. Existing registers of eligibles shall continue to | ||
be valid until their expiration dates, or up to a maximum of 2 | ||
years after the effective date of this amendatory Act of the | ||
97th General Assembly. | ||
Notwithstanding any statute, ordinance, rule, or other law | ||
to the contrary, all original appointments to an affected | ||
department to which this Section applies shall be administered | ||
in the manner provided for in this Section. Provisions of the | ||
Illinois Municipal Code, municipal ordinances, and rules | ||
adopted pursuant to such authority and other laws relating to | ||
initial hiring of firefighters in affected departments shall | ||
continue to apply to the extent they are compatible with this | ||
Section, but in the event of a conflict between this Section | ||
and any other law, this Section shall control. |
A home rule or non-home rule municipality may not | ||
administer its fire department process for original | ||
appointments in a manner that is less stringent than this | ||
Section. This Section is a limitation under subsection (i) of | ||
Section 6 of Article VII of the Illinois Constitution on the | ||
concurrent exercise by home rule units of the powers and | ||
functions exercised by the State. | ||
A municipality that is operating under a court order or | ||
consent decree regarding original appointments to a full-time | ||
fire department before the effective date of this amendatory | ||
Act of the 97th General Assembly is exempt from the | ||
requirements of this Section for the duration of the court | ||
order or consent decree. | ||
Notwithstanding any other provision of this subsection | ||
(a), this Section does not apply to a municipality with more | ||
than 1,000,000 inhabitants. | ||
(b) Original appointments. All original appointments made | ||
to an affected fire department shall be made from a register of | ||
eligibles established in accordance with the processes | ||
established by this Section. Only persons who meet or exceed | ||
the performance standards required by this Section shall be | ||
placed on a register of eligibles for original appointment to | ||
an affected fire department. | ||
Whenever an appointing authority authorizes action to hire | ||
a person to perform the duties of a firefighter or to hire a | ||
firefighter-paramedic to fill a position that is a new position |
or vacancy due to resignation, discharge, promotion, death, the | ||
granting of a disability or retirement pension, or any other | ||
cause, the appointing authority shall appoint to that position | ||
the person with the highest ranking on the final eligibility | ||
list. If the appointing authority has reason to conclude that | ||
the highest ranked person fails to meet the minimum standards | ||
for the position or if the appointing authority believes an | ||
alternate candidate would better serve the needs of the | ||
department, then the appointing authority has the right to pass | ||
over the highest ranked person and appoint either: (i) any | ||
person who has a ranking in the top 5% of the register of | ||
eligibles or (ii) any person who is among the top 5 highest | ||
ranked persons on the list of eligibles if the number of people | ||
who have a ranking in the top 5% of the register of eligibles | ||
is less than 5 people. | ||
Any candidate may pass on an appointment once without | ||
losing his or her position on the register of eligibles. Any | ||
candidate who passes a second time may be removed from the list | ||
by the appointing authority provided that such action shall not | ||
prejudice a person's opportunities to participate in future | ||
examinations, including an examination held during the time a | ||
candidate is already on the municipality's register of | ||
eligibles. | ||
The sole authority to issue certificates of appointment | ||
shall be vested in the board of fire and police commissioners. | ||
All certificates of appointment issued to any officer or member |
of an affected department shall be signed by the chairperson | ||
and secretary, respectively, of the board upon appointment of | ||
such officer or member to the affected department by action of | ||
the board. Each person who accepts a certificate of appointment | ||
and successfully completes his or her probationary period shall | ||
be enrolled as a firefighter and as a regular member of the | ||
fire department. | ||
For the purposes of this Section, "firefighter" means any | ||
person who has been prior to, on, or after the effective date | ||
of this amendatory Act of the 97th General Assembly appointed | ||
to a fire department or fire protection district or employed by | ||
a State university and sworn or commissioned to perform | ||
firefighter duties or paramedic duties, or both, except that | ||
the following persons are not included: part-time | ||
firefighters; auxiliary, reserve, or voluntary firefighters, | ||
including paid-on-call firefighters; clerks and dispatchers or | ||
other civilian employees of a fire department or fire | ||
protection district who are not routinely expected to perform | ||
firefighter duties; and elected officials. | ||
(c) Qualification for placement on register of eligibles. | ||
The purpose of establishing a register of eligibles is to | ||
identify applicants who possess and demonstrate the mental | ||
aptitude and physical ability to perform the duties required of | ||
members of the fire department in order to provide the highest | ||
quality of service to the public. To this end, all applicants | ||
for original appointment to an affected fire department shall |
be subject to examination and testing which shall be public, | ||
competitive, and open to all applicants unless the municipality | ||
shall by ordinance limit applicants to residents of the | ||
municipality, county or counties in which the municipality is | ||
located, State, or nation. Municipalities may establish | ||
educational, emergency medical service licensure, and other | ||
pre-requisites for participation in an examination or for hire | ||
as a firefighter. Any municipality may charge a fee to cover | ||
the costs of the application process. | ||
Residency requirements in effect at the time an individual | ||
enters the fire service of a municipality cannot be made more | ||
restrictive for that individual during his or her period of | ||
service for that municipality, or be made a condition of | ||
promotion, except for the rank or position of fire chief and | ||
for no more than 2 positions that rank immediately below that | ||
of the chief rank which are appointed positions pursuant to the | ||
Fire Department Promotion Act. | ||
No person who is 35 years of age or older shall be eligible | ||
to take an examination for a position as a firefighter unless | ||
the person has had previous employment status as a firefighter | ||
in the regularly constituted fire department of the | ||
municipality, except as provided in this Section. The age | ||
limitation does not apply to: | ||
(1) any person previously employed as a full-time | ||
firefighter in a regularly constituted fire department of | ||
(i) any municipality or fire protection district located in |
Illinois, (ii) a fire protection district whose | ||
obligations were assumed by a municipality under Section 21 | ||
of the Fire Protection District Act, or (iii) a | ||
municipality whose obligations were taken over by a fire | ||
protection district, or | ||
(2) any person who has served a municipality as a | ||
regularly enrolled volunteer, paid-on-call, or part-time | ||
firefighter for the 5 years immediately preceding the time | ||
that the municipality begins to use full-time firefighters | ||
to provide all or part of its fire protection service. | ||
No person who is under 21 years of age shall be eligible | ||
for employment as a firefighter. | ||
No applicant shall be examined concerning his or her | ||
political or religious opinions or affiliations. The | ||
examinations shall be conducted by the commissioners of the | ||
municipality or their designees and agents. | ||
No municipality shall require that any firefighter | ||
appointed to the lowest rank serve a probationary employment | ||
period of longer than one year of actual active employment, | ||
which may exclude periods of training, or injury or illness | ||
leaves, including duty related leave, in excess of 30 calendar | ||
days. Notwithstanding anything to the contrary in this Section, | ||
the probationary employment period limitation may be extended | ||
for a firefighter who is required, as a condition of | ||
employment, to be a certified paramedic, during which time the | ||
sole reason that a firefighter may be discharged without a |
hearing is for failing to meet the requirements for paramedic | ||
certification. | ||
In the event that any applicant who has been found eligible | ||
for appointment and whose name has been placed upon the final | ||
eligibility register provided for in this Section has not been | ||
appointed to a firefighter position within one year after the | ||
date of his or her physical ability examination, the commission | ||
may cause a second examination to be made of that applicant's | ||
physical ability prior to his or her appointment. If, after the | ||
second examination, the physical ability of the applicant shall | ||
be found to be less than the minimum standard fixed by the | ||
rules of the commission, the applicant shall not be appointed. | ||
The applicant's name may be retained upon the register of | ||
candidates eligible for appointment and when next reached for | ||
certification and appointment that applicant may be again | ||
examined as provided in this Section, and if the physical | ||
ability of that applicant is found to be less than the minimum | ||
standard fixed by the rules of the commission, the applicant | ||
shall not be appointed, and the name of the applicant shall be | ||
removed from the register. | ||
(d) Notice, examination, and testing components. Notice of | ||
the time, place, general scope, merit criteria for any | ||
subjective component, and fee of every examination shall be | ||
given by the commission, by a publication at least 2 weeks | ||
preceding the examination: (i) in one or more newspapers | ||
published in the municipality, or if no newspaper is published |
therein, then in one or more newspapers with a general | ||
circulation within the municipality, or (ii) on the | ||
municipality's Internet website. Additional notice of the | ||
examination may be given as the commission shall prescribe. | ||
The examination and qualifying standards for employment of | ||
firefighters shall be based on: mental aptitude, physical | ||
ability, preferences, moral character, and health. The mental | ||
aptitude, physical ability, and preference components shall | ||
determine an applicant's qualification for and placement on the | ||
final register of eligibles. The examination may also include a | ||
subjective component based on merit criteria as determined by | ||
the commission. Scores from the examination must be made | ||
available to the public. | ||
(e) Mental aptitude. No person who does not possess at | ||
least a high school diploma or an equivalent high school | ||
education shall be placed on a register of eligibles. | ||
Examination of an applicant's mental aptitude shall be based | ||
upon a written examination. The examination shall be practical | ||
in character and relate to those matters that fairly test the | ||
capacity of the persons examined to discharge the duties | ||
performed by members of a fire department. Written examinations | ||
shall be administered in a manner that ensures the security and | ||
accuracy of the scores achieved. | ||
(f) Physical ability. All candidates shall be required to | ||
undergo an examination of their physical ability to perform the | ||
essential functions included in the duties they may be called |
upon to perform as a member of a fire department. For the | ||
purposes of this Section, essential functions of the job are | ||
functions associated with duties that a firefighter may be | ||
called upon to perform in response to emergency calls. The | ||
frequency of the occurrence of those duties as part of the fire | ||
department's regular routine shall not be a controlling factor | ||
in the design of examination criteria or evolutions selected | ||
for testing. These physical examinations shall be open, | ||
competitive, and based on industry standards designed to test | ||
each applicant's physical abilities in the following | ||
dimensions: | ||
(1) Muscular strength to perform tasks and evolutions | ||
that may be required in the performance of duties including | ||
grip strength, leg strength, and arm strength. Tests shall | ||
be conducted under anaerobic as well as aerobic conditions | ||
to test both the candidate's speed and endurance in | ||
performing tasks and evolutions. Tasks tested may be based | ||
on standards developed, or approved, by the local | ||
appointing authority. | ||
(2) The ability to climb ladders, operate from heights, | ||
walk or crawl in the dark along narrow and uneven surfaces, | ||
and operate in proximity to hazardous environments. | ||
(3) The ability to carry out critical, time-sensitive, | ||
and complex problem solving during physical exertion in | ||
stressful and hazardous environments. The testing | ||
environment may be hot and dark with tightly enclosed |
spaces, flashing lights, sirens, and other distractions. | ||
The tests utilized to measure each applicant's
| ||
capabilities in each of these dimensions may be tests based on
| ||
industry standards currently in use or equivalent tests | ||
approved by the Joint Labor-Management Committee of the Office | ||
of the State Fire Marshal. | ||
Physical ability examinations administered under this | ||
Section shall be conducted with a reasonable number of proctors | ||
and monitors, open to the public, and subject to reasonable | ||
regulations of the commission. | ||
(g) Scoring of examination components. Appointing | ||
authorities may create a preliminary eligibility register. A | ||
person shall be placed on the list based upon his or her | ||
passage of the written examination or the passage of the | ||
written examination and the physical ability component. | ||
Passage of the written examination means a score that is at or | ||
above the median score for all applicants participating in the | ||
written test. The appointing authority may conduct the physical | ||
ability component and any subjective components subsequent to | ||
the posting of the preliminary eligibility register. | ||
The examination components for an initial eligibility | ||
register shall be graded on a 100-point scale. A person's | ||
position on the list shall be determined by the following: (i)
| ||
the person's score on the written examination, (ii) the person
| ||
successfully passing the physical ability component, and (iii) | ||
the
person's results on any subjective component as described |
in
subsection (d). | ||
In order to qualify for placement on the final eligibility | ||
register, an applicant's score on the written examination, | ||
before any applicable preference points or subjective points | ||
are applied, shall be at or above the median score. The local | ||
appointing authority may prescribe the score to qualify for | ||
placement on the final eligibility register, but the score | ||
shall not be less than the median score. | ||
The commission shall prepare and keep a register of persons | ||
whose total score is not less than the minimum fixed by this | ||
Section and who have passed the physical ability examination. | ||
These persons shall take rank upon the register as candidates | ||
in the order of their relative excellence based on the highest | ||
to the lowest total points scored on the mental aptitude, | ||
subjective component, and preference components of the test | ||
administered in accordance with this Section. No more than 60 | ||
days after each examination, an initial eligibility list shall | ||
be posted by the commission. The list shall include the final | ||
grades of the candidates without reference to priority of the | ||
time of examination and subject to claim for preference credit. | ||
Commissions may conduct additional examinations, including | ||
without limitation a polygraph test, after a final eligibility | ||
register is established and before it expires with the | ||
candidates ranked by total score without regard to date of | ||
examination. No more than 60 days after each examination, an | ||
initial eligibility list shall be posted by the commission |
showing the final grades of the candidates without reference to | ||
priority of time of examination and subject to claim for | ||
preference credit. | ||
(h) Preferences. The following are preferences: | ||
(1) Veteran preference. Persons who were engaged in the | ||
military service of the United States for a period of at | ||
least one year of active duty and who were honorably | ||
discharged therefrom, or who are now or have been members | ||
on inactive or reserve duty in such military or naval | ||
service, shall be preferred for appointment to and | ||
employment with the fire department of an affected | ||
department. | ||
(2) Fire cadet preference. Persons who have | ||
successfully completed 2 years of study in fire techniques | ||
or cadet training within a cadet program established under | ||
the rules of the Joint Labor and Management Committee | ||
(JLMC), as defined in Section 50 of the Fire Department | ||
Promotion Act, may be preferred for appointment to and | ||
employment with the fire department. | ||
(3) Educational preference. Persons who have | ||
successfully obtained an associate's degree in the field of | ||
fire service or emergency medical services, or a bachelor's | ||
degree from an accredited college or university may be | ||
preferred for appointment to and employment with the fire | ||
department. | ||
(4) Paramedic preference. Persons who have obtained |
certification as an Emergency Medical Technician-Paramedic | ||
(EMT-P) shall be preferred for appointment to and | ||
employment with the fire department of an affected | ||
department providing emergency medical services. | ||
(5) Experience preference. All persons employed by a | ||
municipality who have been paid-on-call or part-time | ||
certified Firefighter II, State of Illinois or nationally | ||
licensed EMT-B or EMT-I, or any combination of those | ||
capacities shall be awarded 0.5 point for each year of | ||
successful service in one or more of those capacities, up | ||
to a maximum of 5 points. Certified Firefighter III and | ||
State of Illinois or nationally licensed paramedics shall | ||
be awarded one point per year up to a maximum of 5 points. | ||
Applicants from outside the municipality who were employed | ||
as full-time firefighters or firefighter-paramedics by a | ||
fire protection district or another municipality for at | ||
least 2 years shall be awarded 5 experience preference | ||
points. These additional points presuppose a rating scale | ||
totaling 100 points available for the eligibility list. If | ||
more or fewer points are used in the rating scale for the | ||
eligibility list, the points awarded under this subsection | ||
shall be increased or decreased by a factor equal to the | ||
total possible points available for the examination | ||
divided by 100. | ||
Upon request by the commission, the governing body of | ||
the municipality or in the case of applicants from outside |
the municipality the governing body of any fire protection | ||
district or any other municipality shall certify to the | ||
commission, within 10 days after the request, the number of | ||
years of successful paid-on-call, part-time, or full-time | ||
service of any person. A candidate may not receive the full | ||
amount of preference points under this subsection if the | ||
amount of points awarded would place the candidate before a | ||
veteran on the eligibility list. If more than one candidate | ||
receiving experience preference points is prevented from | ||
receiving all of their points due to not being allowed to | ||
pass a veteran, the candidates shall be placed on the list | ||
below the veteran in rank order based on the totals | ||
received if all points under this subsection were to be | ||
awarded. Any remaining ties on the list shall be determined | ||
by lot. | ||
(6) Residency preference. Applicants whose principal | ||
residence is located within the fire department's | ||
jurisdiction shall be preferred for appointment to and | ||
employment with the fire department. | ||
(7) Additional preferences. Up to 5 additional | ||
preference points may be awarded for unique categories | ||
based on an applicant's experience or background as | ||
identified by the commission. | ||
(8) Scoring of preferences. The commission shall give | ||
preference for original appointment
to persons designated | ||
in item (1)
by adding to the final grade that they receive |
5 points
for the recognized preference achieved. The | ||
commission shall determine the number of preference points | ||
for each category except (1). The number of preference | ||
points for each category shall range from 0 to 5. In | ||
determining the number of preference points, the | ||
commission shall prescribe that if a candidate earns the | ||
maximum number of preference points in all categories, that | ||
number may not be less than 10 nor more than 30. The | ||
commission shall give preference for original appointment | ||
to persons designated in items (2) through (7) by adding | ||
the requisite number of points to the final grade for each | ||
recognized preference achieved. The numerical result thus | ||
attained shall be applied by the commission in determining | ||
the final eligibility list and appointment from the | ||
eligibility list. The local appointing authority may | ||
prescribe the total number of preference points awarded | ||
under this Section, but the total number of preference | ||
points shall not be less than 10 points or more than 30 | ||
points. | ||
No person entitled to any preference shall be required to | ||
claim the credit before any examination held under the | ||
provisions of this Section, but the preference shall be given | ||
after the posting or publication of the initial eligibility | ||
list or register at the request of a person entitled to a | ||
credit before any certification or appointments are made from | ||
the eligibility register, upon the furnishing of verifiable |
evidence and proof of qualifying preference credit. Candidates | ||
who are eligible for preference credit shall make a claim in | ||
writing within 10 days after the posting of the initial | ||
eligibility list, or the claim shall be deemed waived. Final | ||
eligibility registers shall be established after the awarding | ||
of verified preference points. All employment shall be subject | ||
to the commission's initial hire background review including, | ||
but not limited to, criminal history, employment history, moral | ||
character, oral examination, and medical and psychological | ||
examinations, all on a pass-fail basis. The medical and | ||
psychological examinations must be conducted last, and may only | ||
be performed after a conditional offer of employment has been | ||
extended. | ||
Any person placed on an eligibility list who exceeds the | ||
age requirement before being appointed to a fire department | ||
shall remain eligible for appointment until the list is | ||
abolished, or his or her name has been on the list for a period | ||
of 2 years. No person who has attained the age of 35 years | ||
shall be inducted into a fire department, except as otherwise | ||
provided in this Section. | ||
The commission shall strike off the names of candidates for | ||
original appointment after the names have been on the list for | ||
more than 2 years. | ||
(i) Moral character. No person shall be appointed to a fire | ||
department unless he or she is a person of good character; not | ||
a habitual drunkard, a gambler, or a person who has been |
convicted of a felony or a crime involving moral turpitude. | ||
However, no person shall be disqualified from appointment to | ||
the fire department because of the person's record of | ||
misdemeanor convictions except those under Sections 11-6, | ||
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | ||
1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, or arrest for any cause without | ||
conviction thereon. Any such person who is in the department | ||
may be removed on charges brought for violating this subsection | ||
and after a trial as hereinafter provided. | ||
A classifiable set of the fingerprints of every person who | ||
is offered employment as a certificated member of an affected | ||
fire department whether with or without compensation, shall be | ||
furnished to the Illinois Department of State Police and to the | ||
Federal Bureau of Investigation by the commission. | ||
Whenever a commission is authorized or required by law to | ||
consider some aspect of criminal history record information for | ||
the purpose of carrying out its statutory powers and | ||
responsibilities, then, upon request and payment of fees in | ||
conformance with the requirements of Section 2605-400 of the | ||
State Police Law of the Civil Administrative Code of Illinois, | ||
the Department of State Police is authorized to furnish, | ||
pursuant to positive identification, the information contained | ||
in State files as is necessary to fulfill the request. |
(j) Temporary appointments. In order to prevent a stoppage | ||
of public business, to meet extraordinary exigencies, or to | ||
prevent material impairment of the fire department, the | ||
commission may make temporary appointments, to remain in force | ||
only until regular appointments are made under the provisions | ||
of this Division, but never to exceed 60 days. No temporary | ||
appointment of any one person shall be made more than twice in | ||
any calendar year. | ||
(k) A person who knowingly divulges or receives test | ||
questions or answers before a written examination, or otherwise | ||
knowingly violates or subverts any requirement of this Section, | ||
commits a violation of this Section and may be subject to | ||
charges for official misconduct. | ||
A person who is the knowing recipient of test information | ||
in advance of the examination shall be disqualified from the | ||
examination or discharged from the position to which he or she | ||
was appointed, as applicable, and otherwise subjected to | ||
disciplinary actions.
| ||
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12.) | ||
Section 210. The Fire Protection District Act is amended by | ||
changing Sections 16.06 and 16.06b as follows:
| ||
(70 ILCS 705/16.06) (from Ch. 127 1/2, par. 37.06)
| ||
Sec. 16.06. Eligibility for positions in fire department;
| ||
disqualifications. |
(a) All applicants for a position in the fire department of | ||
the
fire protection district shall be under 35 years of age and | ||
shall be
subjected to examination, which shall be public, | ||
competitive, and free to
all applicants, subject to reasonable | ||
limitations as to health, habits, and
moral character; provided | ||
that the foregoing age limitation shall not apply
in the case | ||
of any person having previous employment status as a fireman in | ||
a
regularly constituted fire department of any fire protection | ||
district, and
further provided that each fireman or fire chief | ||
who is a member in
good standing in a regularly constituted | ||
fire department of any municipality
which shall be or shall | ||
have subsequently been included within the boundaries
of any | ||
fire protection district now or hereafter organized shall be | ||
given
a preference for original appointment in the same class, | ||
grade or employment
over all other applicants. The examinations | ||
shall be practical in their
character and shall relate to those | ||
matters which will fairly test the persons
examined as to their | ||
relative capacity to discharge the duties of the positions
to | ||
which they seek appointment. The examinations shall include | ||
tests of
physical qualifications and health. No applicant, | ||
however, shall be examined
concerning his political or | ||
religious opinions or affiliations. The
examinations shall be | ||
conducted by the board of fire commissioners.
| ||
In any fire protection district that employs full-time | ||
firefighters and is subject to a collective bargaining | ||
agreement, a person who has not qualified for regular |
appointment under the provisions of this Section shall not be | ||
used as a temporary or permanent substitute for certificated | ||
members of a fire district's fire department or for regular | ||
appointment as a certificated member of a fire district's fire | ||
department unless mutually agreed to by the employee's | ||
certified bargaining agent. Such agreement shall be considered | ||
a permissive subject of bargaining. Fire protection districts | ||
covered by the changes made by this amendatory Act of the 95th | ||
General Assembly that are using non-certificated employees as | ||
substitutes immediately prior to the effective date of this | ||
amendatory Act of the 95th General Assembly may, by mutual | ||
agreement with the certified bargaining agent, continue the | ||
existing practice or a modified practice and that agreement | ||
shall be considered a permissive subject of bargaining.
| ||
(b) No person shall be appointed to the fire department | ||
unless he or she is
a person of good character and not a person | ||
who has been convicted of a felony
in Illinois or convicted in | ||
another jurisdiction for conduct that would be a
felony under | ||
Illinois law, or convicted of a crime involving moral | ||
turpitude.
No person,
however, shall be disqualified from | ||
appointment to the fire department because
of his or her record | ||
of misdemeanor convictions, except those under Sections
| ||
11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, | ||
11-30, 11-35, 12-2, 12-6, 12-15, 14-4,
16-1,
21.1-3, 24-3.1, | ||
24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3,
| ||
32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section |
11-14.3, and subsections (1), (6), and (8) of Section 24-1 of | ||
the Criminal
Code of 1961 or the Criminal Code of 2012 .
| ||
(Source: P.A. 95-490, eff. 6-1-08; 96-1551, eff. 7-1-11 .)
| ||
(70 ILCS 705/16.06b) | ||
Sec. 16.06b. Original appointments; full-time fire | ||
department. | ||
(a) Applicability. Unless a commission elects to follow the | ||
provisions of Section 16.06c, this Section shall apply to all | ||
original appointments to an affected full-time fire | ||
department. Existing registers of eligibles shall continue to | ||
be valid until their expiration dates, or up to a maximum of 2 | ||
years after the effective date of this amendatory Act of the | ||
97th General Assembly. | ||
Notwithstanding any statute, ordinance, rule, or other law | ||
to the contrary, all original appointments to an affected | ||
department to which this Section applies shall be administered | ||
in a no less stringent manner than the manner provided for in | ||
this Section. Provisions of the Illinois Municipal Code, Fire | ||
Protection District Act, fire district ordinances, and rules | ||
adopted pursuant to such authority and other laws relating to | ||
initial hiring of firefighters in affected departments shall | ||
continue to apply to the extent they are compatible with this | ||
Section, but in the event of a conflict between this Section | ||
and any other law, this Section shall control. | ||
A fire protection district that is operating under a court |
order or consent decree regarding original appointments to a | ||
full-time fire department before the effective date of this | ||
amendatory Act of the 97th General Assembly is exempt from the | ||
requirements of this Section for the duration of the court | ||
order or consent decree. | ||
(b) Original appointments. All original appointments made | ||
to an affected fire department shall be made from a register of | ||
eligibles established in accordance with the processes | ||
required by this Section. Only persons who meet or exceed the | ||
performance standards required by the Section shall be placed | ||
on a register of eligibles for original appointment to an | ||
affected fire department. | ||
Whenever an appointing authority authorizes action to hire | ||
a person to perform the duties of a firefighter or to hire a | ||
firefighter-paramedic to fill a position that is a new position | ||
or vacancy due to resignation, discharge, promotion, death, the | ||
granting of a disability or retirement pension, or any other | ||
cause, the appointing authority shall appoint to that position | ||
the person with the highest ranking on the final eligibility | ||
list. If the appointing authority has reason to conclude that | ||
the highest ranked person fails to meet the minimum standards | ||
for the position or if the appointing authority believes an | ||
alternate candidate would better serve the needs of the | ||
department, then the appointing authority has the right to pass | ||
over the highest ranked person and appoint either: (i) any | ||
person who has a ranking in the top 5% of the register of |
eligibles or (ii) any person who is among the top 5 highest | ||
ranked persons on the list of eligibles if the number of people | ||
who have a ranking in the top 5% of the register of eligibles | ||
is less than 5 people. | ||
Any candidate may pass on an appointment once without | ||
losing his or her position on the register of eligibles. Any | ||
candidate who passes a second time may be removed from the list | ||
by the appointing authority provided that such action shall not | ||
prejudice a person's opportunities to participate in future | ||
examinations, including an examination held during the time a | ||
candidate is already on the fire district's register of | ||
eligibles. | ||
The sole authority to issue certificates of appointment | ||
shall be vested in the board of fire commissioners, or board of | ||
trustees serving in the capacity of a board of fire | ||
commissioners. All certificates of appointment issued to any | ||
officer or member of an affected department shall be signed by | ||
the chairperson and secretary, respectively, of the commission | ||
upon appointment of such officer or member to the affected | ||
department by action of the commission. Each person who accepts | ||
a certificate of appointment and successfully completes his or | ||
her probationary period shall be enrolled as a firefighter and | ||
as a regular member of the fire department. | ||
For the purposes of this Section, "firefighter" means any | ||
person who has been prior to, on, or after the effective date | ||
of this amendatory Act of the 97th General Assembly appointed |
to a fire department or fire protection district or employed by | ||
a State university and sworn or commissioned to perform | ||
firefighter duties or paramedic duties, or both, except that | ||
the following persons are not included: part-time | ||
firefighters; auxiliary, reserve, or voluntary firefighters, | ||
including paid-on-call firefighters; clerks and dispatchers or | ||
other civilian employees of a fire department or fire | ||
protection district who are not routinely expected to perform | ||
firefighter duties; and elected officials. | ||
(c) Qualification for placement on register of eligibles. | ||
The purpose of establishing a register of eligibles is to | ||
identify applicants who possess and demonstrate the mental | ||
aptitude and physical ability to perform the duties required of | ||
members of the fire department in order to provide the highest | ||
quality of service to the public. To this end, all applicants | ||
for original appointment to an affected fire department shall | ||
be subject to examination and testing which shall be public, | ||
competitive, and open to all applicants unless the district | ||
shall by ordinance limit applicants to residents of the | ||
district, county or counties in which the district is located, | ||
State, or nation. Districts may establish educational, | ||
emergency medical service licensure, and other pre-requisites | ||
for participation in an examination or for hire as a | ||
firefighter. Any fire protection district may charge a fee to | ||
cover the costs of the application process. | ||
Residency requirements in effect at the time an individual |
enters the fire service of a district cannot be made more | ||
restrictive for that individual during his or her period of | ||
service for that district, or be made a condition of promotion, | ||
except for the rank or position of fire chief and for no more | ||
than 2 positions that rank immediately below that of the chief | ||
rank which are appointed positions pursuant to the Fire | ||
Department Promotion Act. | ||
No person who is 35 years of age or older shall be eligible | ||
to take an examination for a position as a firefighter unless | ||
the person has had previous employment status as a firefighter | ||
in the regularly constituted fire department of the district, | ||
except as provided in this Section. The age limitation does not | ||
apply to: | ||
(1) any person previously employed as a full-time | ||
firefighter in a regularly constituted fire department of | ||
(i) any municipality or fire protection district located in | ||
Illinois, (ii) a fire protection district whose | ||
obligations were assumed by a municipality under Section 21 | ||
of the Fire Protection District Act, or (iii) a | ||
municipality whose obligations were taken over by a fire | ||
protection district, or | ||
(2) any person who has served a fire district as a | ||
regularly enrolled volunteer, paid-on-call, or part-time | ||
firefighter for the 5 years immediately preceding the time | ||
that the district begins to use full-time firefighters to | ||
provide all or part of its fire protection service. |
No person who is under 21 years of age shall be eligible | ||
for employment as a firefighter. | ||
No applicant shall be examined concerning his or her | ||
political or religious opinions or affiliations. The | ||
examinations shall be conducted by the commissioners of the | ||
district or their designees and agents. | ||
No district shall require that any firefighter appointed to | ||
the lowest rank serve a probationary employment period of | ||
longer than one year of actual active employment, which may | ||
exclude periods of training, or injury or illness leaves, | ||
including duty related leave, in excess of 30 calendar days. | ||
Notwithstanding anything to the contrary in this Section, the | ||
probationary employment period limitation may be extended for a | ||
firefighter who is required, as a condition of employment, to | ||
be a certified paramedic, during which time the sole reason | ||
that a firefighter may be discharged without a hearing is for | ||
failing to meet the requirements for paramedic certification. | ||
In the event that any applicant who has been found eligible | ||
for appointment and whose name has been placed upon the final | ||
eligibility register provided for in this Section has not been | ||
appointed to a firefighter position within one year after the | ||
date of his or her physical ability examination, the commission | ||
may cause a second examination to be made of that applicant's | ||
physical ability prior to his or her appointment. If, after the | ||
second examination, the physical ability of the applicant shall | ||
be found to be less than the minimum standard fixed by the |
rules of the commission, the applicant shall not be appointed. | ||
The applicant's name may be retained upon the register of | ||
candidates eligible for appointment and when next reached for | ||
certification and appointment that applicant may be again | ||
examined as provided in this Section, and if the physical | ||
ability of that applicant is found to be less than the minimum | ||
standard fixed by the rules of the commission, the applicant | ||
shall not be appointed, and the name of the applicant shall be | ||
removed from the register. | ||
(d) Notice, examination, and testing components. Notice of | ||
the time, place, general scope, merit criteria for any | ||
subjective component, and fee of every examination shall be | ||
given by the commission, by a publication at least 2 weeks | ||
preceding the examination: (i) in one or more newspapers | ||
published in the district, or if no newspaper is published | ||
therein, then in one or more newspapers with a general | ||
circulation within the district, or (ii) on the fire protection | ||
district's Internet website. Additional notice of the | ||
examination may be given as the commission shall prescribe. | ||
The examination and qualifying standards for employment of | ||
firefighters shall be based on: mental aptitude, physical | ||
ability, preferences, moral character, and health. The mental | ||
aptitude, physical ability, and preference components shall | ||
determine an applicant's qualification for and placement on the | ||
final register of eligibles. The examination may also include a | ||
subjective component based on merit criteria as determined by |
the commission. Scores from the examination must be made | ||
available to the public. | ||
(e) Mental aptitude. No person who does not possess at | ||
least a high school diploma or an equivalent high school | ||
education shall be placed on a register of eligibles. | ||
Examination of an applicant's mental aptitude shall be based | ||
upon a written examination. The examination shall be practical | ||
in character and relate to those matters that fairly test the | ||
capacity of the persons examined to discharge the duties | ||
performed by members of a fire department. Written examinations | ||
shall be administered in a manner that ensures the security and | ||
accuracy of the scores achieved. | ||
(f) Physical ability. All candidates shall be required to | ||
undergo an examination of their physical ability to perform the | ||
essential functions included in the duties they may be called | ||
upon to perform as a member of a fire department. For the | ||
purposes of this Section, essential functions of the job are | ||
functions associated with duties that a firefighter may be | ||
called upon to perform in response to emergency calls. The | ||
frequency of the occurrence of those duties as part of the fire | ||
department's regular routine shall not be a controlling factor | ||
in the design of examination criteria or evolutions selected | ||
for testing. These physical examinations shall be open, | ||
competitive, and based on industry standards designed to test | ||
each applicant's physical abilities in the following | ||
dimensions: |
(1) Muscular strength to perform tasks and evolutions | ||
that may be required in the performance of duties including | ||
grip strength, leg strength, and arm strength. Tests shall | ||
be conducted under anaerobic as well as aerobic conditions | ||
to test both the candidate's speed and endurance in | ||
performing tasks and evolutions. Tasks tested may be based | ||
on standards developed, or approved, by the local | ||
appointing authority. | ||
(2) The ability to climb ladders, operate from heights, | ||
walk or crawl in the dark along narrow and uneven surfaces, | ||
and operate in proximity to hazardous environments. | ||
(3) The ability to carry out critical, time-sensitive, | ||
and complex problem solving during physical exertion in | ||
stressful and hazardous environments. The testing | ||
environment may be hot and dark with tightly enclosed | ||
spaces, flashing lights, sirens, and other distractions. | ||
The tests utilized to measure each applicant's
| ||
capabilities in each of these dimensions may be tests based on
| ||
industry standards currently in use or equivalent tests | ||
approved by the Joint Labor-Management Committee of the Office | ||
of the State Fire Marshal. | ||
Physical ability examinations administered under this | ||
Section shall be conducted with a reasonable number of proctors | ||
and monitors, open to the public, and subject to reasonable | ||
regulations of the commission. | ||
(g) Scoring of examination components. Appointing |
authorities may create a preliminary eligibility register. A | ||
person shall be placed on the list based upon his or her | ||
passage of the written examination or the passage of the | ||
written examination and the physical ability component. | ||
Passage of the written examination means a score that is at or | ||
above the median score for all applicants participating in the | ||
written test. The appointing authority may conduct the physical | ||
ability component and any subjective components subsequent to | ||
the posting of the preliminary eligibility register. | ||
The examination components for an initial eligibility | ||
register shall be graded on a 100-point scale. A person's | ||
position on the list shall be determined by the following: (i)
| ||
the person's score on the written examination, (ii) the person
| ||
successfully passing the physical ability component, and (iii) | ||
the
person's results on any subjective component as described | ||
in
subsection (d). | ||
In order to qualify for placement on the final eligibility | ||
register, an applicant's score on the written examination, | ||
before any applicable preference points or subjective points | ||
are applied, shall be at or above the median score. The local | ||
appointing authority may prescribe the score to qualify for | ||
placement on the final eligibility register, but the score | ||
shall not be less than the median score. | ||
The commission shall prepare and keep a register of persons | ||
whose total score is not less than the minimum fixed by this | ||
Section and who have passed the physical ability examination. |
These persons shall take rank upon the register as candidates | ||
in the order of their relative excellence based on the highest | ||
to the lowest total points scored on the mental aptitude, | ||
subjective component, and preference components of the test | ||
administered in accordance with this Section. No more than 60 | ||
days after each examination, an initial eligibility list shall | ||
be posted by the commission. The list shall include the final | ||
grades of the candidates without reference to priority of the | ||
time of examination and subject to claim for preference credit. | ||
Commissions may conduct additional examinations, including | ||
without limitation a polygraph test, after a final eligibility | ||
register is established and before it expires with the | ||
candidates ranked by total score without regard to date of | ||
examination. No more than 60 days after each examination, an | ||
initial eligibility list shall be posted by the commission | ||
showing the final grades of the candidates without reference to | ||
priority of time of examination and subject to claim for | ||
preference credit. | ||
(h) Preferences. The following are preferences: | ||
(1) Veteran preference. Persons who were engaged in the | ||
military service of the United States for a period of at | ||
least one year of active duty and who were honorably | ||
discharged therefrom, or who are now or have been members | ||
on inactive or reserve duty in such military or naval | ||
service, shall be preferred for appointment to and | ||
employment with the fire department of an affected |
department. | ||
(2) Fire cadet preference. Persons who have | ||
successfully completed 2 years of study in fire techniques | ||
or cadet training within a cadet program established under | ||
the rules of the Joint Labor and Management Committee | ||
(JLMC), as defined in Section 50 of the Fire Department | ||
Promotion Act, may be preferred for appointment to and | ||
employment with the fire department. | ||
(3) Educational preference. Persons who have | ||
successfully obtained an associate's degree in the field of | ||
fire service or emergency medical services, or a bachelor's | ||
degree from an accredited college or university may be | ||
preferred for appointment to and employment with the fire | ||
department. | ||
(4) Paramedic preference. Persons who have obtained | ||
certification as an Emergency Medical Technician-Paramedic | ||
(EMT-P) may be preferred for appointment to and employment | ||
with the fire department of an affected department | ||
providing emergency medical services. | ||
(5) Experience preference. All persons employed by a | ||
district who have been paid-on-call or part-time certified | ||
Firefighter II, certified Firefighter III, State of | ||
Illinois or nationally licensed EMT-B or EMT-I, licensed | ||
paramedic, or any combination of those capacities may be | ||
awarded up to a maximum of 5 points. However, the applicant | ||
may not be awarded more than 0.5 points for each complete |
year of paid-on-call or part-time service. Applicants from | ||
outside the district who were employed as full-time | ||
firefighters or firefighter-paramedics by a fire | ||
protection district or municipality for at least 2 years | ||
may be awarded up to 5 experience preference points. | ||
However, the applicant may not be awarded more than one | ||
point for each complete year of full-time service. | ||
Upon request by the commission, the governing body of | ||
the district or in the case of applicants from outside the | ||
district the governing body of any other fire protection | ||
district or any municipality shall certify to the | ||
commission, within 10 days after the request, the number of | ||
years of successful paid-on-call, part-time, or full-time | ||
service of any person. A candidate may not receive the full | ||
amount of preference points under this subsection if the | ||
amount of points awarded would place the candidate before a | ||
veteran on the eligibility list. If more than one candidate | ||
receiving experience preference points is prevented from | ||
receiving all of their points due to not being allowed to | ||
pass a veteran, the candidates shall be placed on the list | ||
below the veteran in rank order based on the totals | ||
received if all points under this subsection were to be | ||
awarded. Any remaining ties on the list shall be determined | ||
by lot. | ||
(6) Residency preference. Applicants whose principal | ||
residence is located within the fire department's |
jurisdiction may be preferred for appointment to and | ||
employment with the fire department. | ||
(7) Additional preferences. Up to 5 additional | ||
preference points may be awarded for unique categories | ||
based on an applicant's experience or background as | ||
identified by the commission. | ||
(8) Scoring of preferences. The
commission shall give | ||
preference for original appointment
to persons designated | ||
in item (1)
by adding to the final grade that they receive | ||
5 points
for the recognized preference achieved. The | ||
commission shall determine the number of preference points | ||
for each category except (1). The number of preference | ||
points for each category shall range from 0 to 5. In | ||
determining the number of preference points, the | ||
commission shall prescribe that if a candidate earns the | ||
maximum number of preference points in all categories, that | ||
number may not be less than 10 nor more than 30. The | ||
commission shall give preference for original appointment | ||
to persons designated in items (2) through (7) by adding | ||
the requisite number of points to the final grade for each | ||
recognized preference achieved. The numerical result thus | ||
attained shall be applied by the commission in determining | ||
the final eligibility list and appointment from the | ||
eligibility list. The local appointing authority may | ||
prescribe the total number of preference points awarded | ||
under this Section, but the total number of preference |
points shall not be less than 10 points or more than 30 | ||
points. | ||
No person entitled to any preference shall be required to | ||
claim the credit before any examination held under the | ||
provisions of this Section, but the preference shall be given | ||
after the posting or publication of the initial eligibility | ||
list or register at the request of a person entitled to a | ||
credit before any certification or appointments are made from | ||
the eligibility register, upon the furnishing of verifiable | ||
evidence and proof of qualifying preference credit. Candidates | ||
who are eligible for preference credit shall make a claim in | ||
writing within 10 days after the posting of the initial | ||
eligibility list, or the claim shall be deemed waived. Final | ||
eligibility registers shall be established after the awarding | ||
of verified preference points. All employment shall be subject | ||
to the commission's initial hire background review including, | ||
but not limited to, criminal history, employment history, moral | ||
character, oral examination, and medical and psychological | ||
examinations, all on a pass-fail basis. The medical and | ||
psychological examinations must be conducted last, and may only | ||
be performed after a conditional offer of employment has been | ||
extended. | ||
Any person placed on an eligibility list who exceeds the | ||
age requirement before being appointed to a fire department | ||
shall remain eligible for appointment until the list is | ||
abolished, or his or her name has been on the list for a period |
of 2 years. No person who has attained the age of 35 years | ||
shall be inducted into a fire department, except as otherwise | ||
provided in this Section. | ||
The commission shall strike off the names of candidates for | ||
original appointment after the names have been on the list for | ||
more than 2 years. | ||
(i) Moral character. No person shall be appointed to a fire | ||
department unless he or she is a person of good character; not | ||
a habitual drunkard, a gambler, or a person who has been | ||
convicted of a felony or a crime involving moral turpitude. | ||
However, no person shall be disqualified from appointment to | ||
the fire department because of the person's record of | ||
misdemeanor convictions except those under Sections 11-6, | ||
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | ||
1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, or arrest for any cause without | ||
conviction thereon. Any such person who is in the department | ||
may be removed on charges brought for violating this subsection | ||
and after a trial as hereinafter provided. | ||
A classifiable set of the fingerprints of every person who | ||
is offered employment as a certificated member of an affected | ||
fire department whether with or without compensation, shall be | ||
furnished to the Illinois Department of State Police and to the | ||
Federal Bureau of Investigation by the commission. |
Whenever a commission is authorized or required by law to | ||
consider some aspect of criminal history record information for | ||
the purpose of carrying out its statutory powers and | ||
responsibilities, then, upon request and payment of fees in | ||
conformance with the requirements of Section 2605-400 of the | ||
State Police Law of the Civil Administrative Code of Illinois, | ||
the Department of State Police is authorized to furnish, | ||
pursuant to positive identification, the information contained | ||
in State files as is necessary to fulfill the request. | ||
(j) Temporary appointments. In order to prevent a stoppage | ||
of public business, to meet extraordinary exigencies, or to | ||
prevent material impairment of the fire department, the | ||
commission may make temporary appointments, to remain in force | ||
only until regular appointments are made under the provisions | ||
of this Section, but never to exceed 60 days. No temporary | ||
appointment of any one person shall be made more than twice in | ||
any calendar year. | ||
(k) A person who knowingly divulges or receives test | ||
questions or answers before a written examination, or otherwise | ||
knowingly violates or subverts any requirement of this Section, | ||
commits a violation of this Section and may be subject to | ||
charges for official misconduct. | ||
A person who is the knowing recipient of test information | ||
in advance of the examination shall be disqualified from the | ||
examination or discharged from the position to which he or she | ||
was appointed, as applicable, and otherwise subjected to |
disciplinary actions.
| ||
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12.) | ||
Section 215. 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, or adjudicated a delinquent minor for, 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, or adjudicated a delinquent | ||
minor for, 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, or | ||
adjudicated a delinquent minor for, 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 or | ||
adjudications as a delinquent minor, until expunged, to the
| ||
president of the park district. Any information concerning the | ||
record of
convictions or adjudications as a delinquent minor | ||
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 or adjudications as a delinquent minor | ||
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 | ||
or adjudications as a delinquent minor 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, or adjudicated a delinquent minor, 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 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
| ||
11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||
11-18, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, 11-20.1B, | ||
11-20.3, 11-21, 11-30, 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, | ||
12-14.1, 12-15, and 12-16 of
the Criminal Code of 1961 or the | ||
Criminal Code of 2012 ; (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) | ||
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. 96-1551, eff. 7-1-11; 97-700, eff. 6-22-12.)
| ||
Section 220. The Chicago Park District Act is amended by | ||
changing Sections 16a-5 and 26.3 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, or adjudicated a delinquent minor for, 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, or adjudicated a delinquent minor for, | ||
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, or | ||
adjudicated a delinquent minor for, 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 | ||
or adjudications as a delinquent minor, until expunged, to the
| ||
General Superintendent and Chief Executive Officer of the | ||
Chicago Park
District. Any information concerning the
record of | ||
convictions or adjudications as a delinquent minor 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 or | ||
adjudications as a delinquent minor
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 or | ||
adjudications as a delinquent minor 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, or adjudicated a delinquent | ||
minor, 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 11-1.20, 11-1.30, 11-1.40, 11-1.50, |
11-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, | ||
11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, | ||
11-20.1B, 11-20.3, 11-21, 11-30, 12-7.3, 12-7.4, 12-7.5, | ||
12-13, 12-14, 12-14.1, 12-15,
and 12-16 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 ; (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) | ||
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. 96-1551, eff. 7-1-11; 97-700, eff. 6-22-12.)
| ||
(70 ILCS 1505/26.3) (from Ch. 105, par. 333.23n)
| ||
Sec. 26.3. The Chicago Park District, to carry out the | ||
purposes of
this section, has all the rights and powers over | ||
its harbor as it does
over its other property, and its rights | ||
and powers include but are not
limited to the following:
|
(a) To furnish complete harbor facilities and | ||
services, including
but not limited to: launching, | ||
mooring, docking, storing, and repairing
facilities and | ||
services; parking facilities for motor vehicles and boat
| ||
trailers; and roads for access to the harbor.
| ||
(b) To acquire by gift, legacy, grant, purchase, lease, | ||
or by
condemnation in the manner provided for the exercise | ||
of the right of
eminent domain under the Eminent Domain | ||
Act, any property necessary or appropriate for the purposes | ||
of this
Section, including riparian rights, within or | ||
without the Chicago Park
District.
| ||
(c) To use, occupy and reclaim submerged land under the | ||
public
waters of the State and artificially made or | ||
reclaimed land anywhere
within the jurisdiction of the | ||
Chicago Park District, or in, over, and
upon bordering | ||
public waters.
| ||
(d) To acquire property by agreeing on a boundary line | ||
in accordance
with the provisions of "An Act to enable the
| ||
commissioners of Lincoln Park to extend certain parks, | ||
boulevards and
driveways under its control from time to | ||
time and granting submerged
lands for the purpose of such | ||
extensions and providing for the
acquisition of riparian | ||
rights and shore lands and interests therein for
the | ||
purpose of such extensions and to defray the cost thereof," | ||
approved
May 25, 1931, and "An Act to enable Park | ||
Commissioners
having control of a park or parks bordering |
upon public waters in this
state, to enlarge and connect | ||
the same from time to time by extensions
over lands and the | ||
bed of such waters, and defining the use which may be
made | ||
of such extensions, and granting lands for the purpose of | ||
such
enlargements," approved May 14, 1903, as amended, and | ||
the other Statutes
pertaining to Park Districts bordering | ||
on navigable waters in the State
of Illinois.
| ||
(e) To locate and establish dock, shore and harbor | ||
lines.
| ||
(f) To license, regulate, and control the use and | ||
operation of the
harbor, including the operation of all | ||
water-borne vessels in the
harbor, or otherwise within the | ||
jurisdiction of the Chicago Park
District.
| ||
(g) To establish and collect fees for all facilities | ||
and services, and
compensation for materials furnished. | ||
Fees charged nonresidents of such
district need not be the | ||
same as fees charged to residents of the district.
| ||
(h) To appoint a director of special services, harbor | ||
masters and other
personnel, defining their
duties and | ||
authority.
| ||
(i) To enter into contracts and leases of every kind, | ||
dealing in any
manner with the objects and purposes of this | ||
section, upon such terms
and conditions as the Chicago Park | ||
District determines.
| ||
(j) To establish an impoundment area or areas within | ||
the jurisdiction
of the Chicago Park District.
|
(k) To remove and store within the impoundment area or | ||
areas a water-borne
vessel that:
| ||
(1) is tied or attached to any docks, piers or | ||
buoys or other moorings
in or upon any harbors or | ||
waters of the park system in contravention of
those | ||
Sections of the Code of the Chicago Park District | ||
pertaining to the
use of harbors or any rules | ||
promulgated by the general superintendent thereunder;
| ||
(2) is located in the waters or harbors for a | ||
period of 12 hours or more
without a proper permit;
| ||
(3) is abandoned or left unattended in the waters | ||
or harbors that impedes
navigation on the waters;
| ||
(4) is impeding navigation on the waters, because | ||
the persons in charge
are incapacitated due to injury | ||
or illness;
| ||
(5) is abandoned in the waters or harbors for a | ||
period of 10 hours or more;
| ||
(6) is seized under Article 36 of the Criminal Code | ||
of 2012 1961 , having been
used in the commission of a | ||
crime;
| ||
(7) is reported stolen and the owner has not been | ||
located after a reasonable search.
| ||
(l) To impose a duty on the director of special | ||
services or other appointed
official to manage and operate | ||
the impoundment process and to keep any impounded
vessel | ||
until such vessel is repossessed by the owner or other |
person legally
entitled to possession thereof or otherwise | ||
disposed of in accordance with
ordinances or regulations | ||
established by the Chicago Park District.
| ||
(m) To impose fees and charges for redemption of any | ||
impounded vessel
to cover the cost of towing and storage of | ||
the vessel while in custody of
the Chicago Park District.
| ||
(n) To release any impounded vessel to a person | ||
entitled to possession
or to dispose of such vessel which | ||
remains unclaimed after a reasonable
search for the owner | ||
has been made in full compliance with ordinances and
| ||
regulations of the Chicago Park District.
| ||
(o) To control, license and regulate, including the | ||
establishment of permits
and fees therefor, the | ||
chartering, renting or letting for hire of any vessel
| ||
operating on the waters or harbors within the jurisdiction | ||
of the Chicago Park District.
| ||
(p) To rent storage space to owners of vessels during | ||
such seasons and
at such fees as are prescribed from time | ||
to time in regulations of the Chicago
Park District.
| ||
(Source: P.A. 94-1055, eff. 1-1-07.)
| ||
Section 225. The Metropolitan Water Reclamation District | ||
Act is amended by changing Section 7g as follows:
| ||
(70 ILCS 2605/7g) (from Ch. 42, par. 326g)
| ||
Sec. 7g.
Any person who takes or who knowingly permits his |
agent or employee
to take industrial wastes or other wastes | ||
from a point of origin and
intentionally discharges such wastes | ||
by means of mobile or portable equipment
into any sewer, sewer | ||
manhole, or any appurtenances thereto, or directly or
| ||
indirectly to any waters without possession of a valid and | ||
legally issued
permit shall be guilty of a Class A misdemeanor. | ||
A second or
subsequent offense shall constitute a Class 4 | ||
felony.
| ||
Any mobile or portable equipment used in the commission of | ||
any act which is a
violation of this Section shall be subject | ||
to seizure and forfeiture in the
manner provided for the | ||
seizure and forfeiture of vessels, vehicles and
aircraft in | ||
Article 36 of the Criminal Code of 2012 1961 , as now or | ||
hereafter
amended. The person causing the intentional | ||
discharge shall be liable for
the costs of seizure, storage, | ||
and disposal of the mobile or portable
equipment.
| ||
The terms "industrial waste" and "other wastes"
shall have | ||
the
same meaning as these terms are defined in Section 7a of | ||
this Act.
| ||
(Source: P.A. 90-354, eff. 8-8-97.)
| ||
Section 230. 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, 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||
11-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, | ||
11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, | ||
11-20.1B, 11-20.3, 11-21, 11-22, 11-30, 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, 19-6, 20-1,
20-1.1, 31A-1, 31A-1.1, | ||
and 33A-2, in subsection (a) and subsection (b),
clause (1), of | ||
Section 12-4, in subdivisions (a)(1), (b)(1), and (f)(1) of | ||
Section 12-3.05, and in subsection (a-5) of Section 12-3.1 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012 ; (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) 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. 96-1551, Article 1, Section 920, eff. 7-1-11; | ||
96-1551, Article 2, Section 960, eff. 7-1-11; 97-1108, eff. | ||
1-1-13; 97-1109, eff. 1-1-13.) | ||
Section 235. The School Code is amended by changing | ||
Sections 10-3, 10-10, 10-22.6, 10-22.39, 10-27.1A, 14-6.02, |
21B-80, 27-9.1, 33-2, 34-2.1, 34-4, 34-84a.1, and 34-84b as | ||
follows:
| ||
(105 ILCS 5/10-3) (from Ch. 122, par. 10-3)
| ||
Sec. 10-3. Eligibility of directors. Any person who, on the | ||
date of his
or her election, is a citizen of the United States, | ||
of the age of 18 years or
over, is a resident of the State and | ||
of the territory of the district for at
least one year | ||
immediately preceding his or her election, is a registered | ||
voter
as provided in the general election law, is not a school | ||
trustee or a school
treasurer, and is not a child sex offender | ||
as defined in Section 11-9.3 of the
Criminal Code of 2012 1961 | ||
shall be eligible to the office of school director.
| ||
(Source: P.A. 93-309, eff. 1-1-04.)
| ||
(105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
| ||
Sec. 10-10. Board of education; Term; Vacancy. All school | ||
districts
having a population of not fewer than 1,000 and not | ||
more than 500,000
inhabitants, as ascertained by any special or | ||
general census, and not
governed by special Acts, shall be | ||
governed by a board of education
consisting of 7 members, | ||
serving without compensation except as herein
provided. Each | ||
member shall be elected for a term of 4 years for the initial | ||
members
of the board of education of a combined school district | ||
to which that
subsection applies. If 5 members are elected in | ||
1983 pursuant to the extension
of terms provided by
law for |
transition to the consolidated election schedule under the | ||
general
election law, 2 of those members shall be elected to | ||
serve terms of 2 years
and 3 shall be elected to serve terms of | ||
4 years; their successors shall
serve for a 4 year term. When | ||
the voters of a district have voted to elect
members of the | ||
board of education for 6 year terms, as provided in Section
| ||
9-5, the terms of office of members of the board of education | ||
of that
district expire when their successors assume office but | ||
not later than 7
days after such election. If at the regular | ||
school election held in the
first odd-numbered year after the | ||
determination to elect members for 6 year
terms 2 members are | ||
elected, they shall serve for a 6 year term; and of the
members | ||
elected at the next regular school election 3 shall serve for a
| ||
term of 6 years and 2 shall serve a term of 2 years. Thereafter | ||
members
elected in such districts shall be elected to a 6 year | ||
term. If at the
regular school election held in the first | ||
odd-numbered year after the
determination to elect members for | ||
6 year terms 3 members are elected, they
shall serve for a 6 | ||
year term; and of the members elected at the next
regular | ||
school election 2 shall serve for a term of 2 years and 2 shall
| ||
serve for a term of 6 years. Thereafter members elected in such | ||
districts
shall be elected to a 6 year term. If at the regular | ||
school election held
in the first odd-numbered year after the | ||
determination to elect members for
6 year terms 4 members are | ||
elected, 3 shall serve for a term of 6 years and
one shall | ||
serve for a term of 2 years; and of the members elected at the
|
next regular school election 2 shall serve for terms of 6 years | ||
and 2 shall
serve for terms of 2 years. Thereafter members | ||
elected in such districts
shall be elected to a 6 year term. If | ||
at the regular school election held
in the first odd-numbered | ||
year after the determination to elect members for
a 6 year term | ||
5 members are elected, 3 shall serve for a term of 6 years
and 2 | ||
shall serve for a term of 2 years; and of the members elected | ||
at the
next regular school election 2 shall serve for terms of | ||
6 years and 2 shall
serve for terms of 2 years. Thereafter | ||
members elected in such districts
shall be elected to a 6 year | ||
term. An election for board members shall not
be held in school | ||
districts which by consolidation, annexation or otherwise
| ||
shall cease to exist as a school district within 6 months after | ||
the
election date, and the term of all board members which | ||
would otherwise
terminate shall be continued until such | ||
district shall cease to exist. Each
member, on the date of his | ||
or her election, shall be a
citizen of the United
States of the | ||
age of 18 years or over, shall be a resident of the State and
| ||
the
territory of the district for at least one year immediately | ||
preceding his or
her
election, shall be a registered voter as | ||
provided in the general election
law,
shall not be a school | ||
trustee, and shall not be a child
sex offender as defined in | ||
Section 11-9.3 of the
Criminal Code of 2012 1961 . When the | ||
board of
education is the successor of the school directors, | ||
all rights of property,
and all rights regarding causes of | ||
action existing or vested in such
directors, shall vest in it |
as fully as they were vested in the school
directors. Terms of | ||
members are subject to Section 2A-54 of the Election Code.
| ||
Nomination papers filed under this Section are not valid | ||
unless the candidate
named therein files with the secretary of | ||
the board of education or with
a person designated by the board | ||
to receive nominating petitions a receipt
from the county clerk | ||
showing that the candidate has filed a statement of
economic | ||
interests as required by the Illinois Governmental Ethics Act.
| ||
Such receipt shall be so filed either previously during the | ||
calendar year
in which his nomination papers were filed or | ||
within the period for the filing
of nomination papers in | ||
accordance with the general election law.
| ||
Whenever a vacancy occurs, the remaining members shall | ||
notify the
regional superintendent of that vacancy within 5 | ||
days after its occurrence
and shall proceed to fill the vacancy | ||
until the next regular school
election, at which election a | ||
successor shall be elected to serve the
remainder of the | ||
unexpired term. However, if the vacancy occurs with less
than | ||
868 days remaining in the term, or if the vacancy occurs
less | ||
than 88
days before the next regularly scheduled election for | ||
this office then the
person so appointed shall serve the | ||
remainder of the unexpired term, and no
election to fill the | ||
vacancy shall be held. Should they fail so to
act, within 45 | ||
days after the vacancy occurs, the regional superintendent
of | ||
schools under whose supervision and control the district is | ||
operating,
as defined in Section 3-14.2 of this Act, shall |
within 30 days after the
remaining members have failed to fill | ||
the vacancy, fill the vacancy as
provided for herein. Upon the | ||
regional superintendent's failure to fill the
vacancy, the | ||
vacancy shall be filled at the next regularly scheduled
| ||
election. Whether elected or appointed by the remaining members | ||
or regional
superintendent, the successor shall be an | ||
inhabitant of the particular area
from which his or her | ||
predecessor was elected if the residential requirements
| ||
contained in Section 10-10.5 or 12-2 of this Code apply.
| ||
A board of education may appoint a student to the board to | ||
serve in an advisory capacity. The student member shall serve | ||
for a term as determined by the board. The board may not grant | ||
the student member any voting privileges, but shall consider | ||
the student member as an advisor. The student member may not | ||
participate in or attend any executive session of the board.
| ||
(Source: P.A. 96-538, eff. 8-14-09.)
| ||
(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
| ||
Sec. 10-22.6. Suspension or expulsion of pupils; school | ||
searches.
| ||
(a) To expel pupils guilty of gross disobedience or | ||
misconduct, including gross disobedience or misconduct | ||
perpetuated by electronic means, and
no action shall lie | ||
against them for such expulsion. Expulsion shall
take place | ||
only after the parents have been requested to appear at a
| ||
meeting of the board, or with a hearing officer appointed by |
it, to
discuss their child's behavior. Such request shall be | ||
made by registered
or certified mail and shall state the time, | ||
place and purpose of the
meeting. The board, or a hearing | ||
officer appointed by it, at such
meeting shall state the | ||
reasons for dismissal and the date on which the
expulsion is to | ||
become effective. If a hearing officer is appointed by
the | ||
board he shall report to the board a written summary of the | ||
evidence
heard at the meeting and the board may take such | ||
action thereon as it
finds appropriate. An expelled pupil may | ||
be immediately transferred to an alternative program in the | ||
manner provided in Article 13A or 13B of this Code. A pupil | ||
must not be denied transfer because of the expulsion, except in | ||
cases in which such transfer is deemed to cause a threat to the | ||
safety of students or staff in the alternative program.
| ||
(b) To suspend or by policy to authorize the superintendent | ||
of
the district or the principal, assistant principal, or dean | ||
of students
of any school to suspend pupils guilty of gross | ||
disobedience or misconduct, or
to suspend pupils guilty of | ||
gross disobedience or misconduct on the school bus
from riding | ||
the school bus, and no action
shall lie against them for such | ||
suspension. The board may by policy
authorize the | ||
superintendent of the district or the principal, assistant
| ||
principal, or dean of students of any
school to suspend pupils | ||
guilty of such acts for a period not to exceed
10 school days. | ||
If a pupil is suspended due to gross disobedience or misconduct
| ||
on a school bus, the board may suspend the pupil in excess of |
10
school
days for safety reasons. Any suspension shall be | ||
reported immediately to the
parents or guardian of such pupil | ||
along with a full statement of the
reasons for such suspension | ||
and a notice of their right to a review. The school board must | ||
be given a summary of the notice, including the reason for the | ||
suspension and the suspension length. Upon request of the
| ||
parents or guardian the school board or a hearing officer | ||
appointed by
it shall review such action of the superintendent | ||
or principal, assistant
principal, or dean of students. At such
| ||
review the parents or guardian of the pupil may appear and | ||
discuss the
suspension with the board or its hearing officer. | ||
If a hearing officer
is appointed by the board he shall report | ||
to the board a written summary
of the evidence heard at the | ||
meeting. After its hearing or upon receipt
of the written | ||
report of its hearing officer, the board may take such
action | ||
as it finds appropriate. A pupil who is suspended in excess of | ||
20 school days may be immediately transferred to an alternative | ||
program in the manner provided in Article 13A or 13B of this | ||
Code. A pupil must not be denied transfer because of the | ||
suspension, except in cases in which such transfer is deemed to | ||
cause a threat to the safety of students or staff in the | ||
alternative program.
| ||
(c) The Department of Human Services
shall be invited to | ||
send a representative to consult with the board at
such meeting | ||
whenever there is evidence that mental illness may be the
cause | ||
for expulsion or suspension.
|
(d) The board may expel a student for a definite period of | ||
time not to
exceed 2 calendar years, as determined on a case by | ||
case basis.
A student who
is determined to have brought one of | ||
the following objects to school, any school-sponsored activity
| ||
or event, or any activity or event that bears a reasonable | ||
relationship to school shall be expelled for a period of not | ||
less than
one year: | ||
(1) A firearm. For the purposes of this Section, | ||
"firearm" means any gun, rifle, shotgun, weapon as defined | ||
by Section 921 of Title 18 of the United States Code, | ||
firearm as defined in Section 1.1 of the Firearm Owners | ||
Identification Card Act, or firearm as defined in Section | ||
24-1 of the Criminal Code of 2012 1961 . The expulsion | ||
period under this subdivision (1) may be modified by the | ||
superintendent, and the superintendent's determination may | ||
be modified by the board on a case-by-case basis. | ||
(2) A knife, brass knuckles or other knuckle weapon | ||
regardless of its composition, a billy club, or any other | ||
object if used or attempted to be used to cause bodily | ||
harm, including "look alikes" of any firearm as defined in | ||
subdivision (1) of this subsection (d). The expulsion | ||
requirement under this subdivision (2) may be modified by | ||
the superintendent, and the superintendent's determination | ||
may be modified by the board on a case-by-case basis. | ||
Expulsion
or suspension
shall be construed in a
manner | ||
consistent with the Federal Individuals with Disabilities |
Education
Act. A student who is subject to suspension or | ||
expulsion as provided in this
Section may be eligible for a | ||
transfer to an alternative school program in
accordance with | ||
Article 13A of the School Code. The provisions of this
| ||
subsection (d) apply in all school districts,
including special | ||
charter districts and districts organized under Article 34.
| ||
(d-5) The board may suspend or by regulation
authorize the | ||
superintendent of the district or the principal, assistant
| ||
principal, or dean of students of any
school to suspend a | ||
student for a period not to exceed
10 school days or may expel | ||
a student for a definite period of time not to
exceed 2 | ||
calendar years, as determined on a case by case basis, if (i) | ||
that student has been determined to have made an explicit | ||
threat on an Internet website against a school employee, a | ||
student, or any school-related personnel, (ii) the Internet | ||
website through which the threat was made is a site that was | ||
accessible within the school at the time the threat was made or | ||
was available to third parties who worked or studied within the | ||
school grounds at the time the threat was made, and (iii) the | ||
threat could be reasonably interpreted as threatening to the | ||
safety and security of the threatened individual because of his | ||
or her duties or employment status or status as a student | ||
inside the school. The provisions of this
subsection (d-5) | ||
apply in all school districts,
including special charter | ||
districts and districts organized under Article 34 of this | ||
Code.
|
(e) To maintain order and security in the schools, school | ||
authorities may
inspect and search places and areas such as | ||
lockers, desks, parking lots, and
other school property and | ||
equipment owned or controlled by the school, as well
as | ||
personal effects left in those places and areas by students, | ||
without notice
to or the consent of the student, and without a | ||
search warrant. As a matter of
public policy, the General | ||
Assembly finds that students have no reasonable
expectation of | ||
privacy in these places and areas or in their personal effects
| ||
left in these places and areas. School authorities may request | ||
the assistance
of law enforcement officials for the purpose of | ||
conducting inspections and
searches of lockers, desks, parking | ||
lots, and other school property and
equipment owned or | ||
controlled by the school for illegal drugs, weapons, or
other
| ||
illegal or dangerous substances or materials, including | ||
searches conducted
through the use of specially trained dogs. | ||
If a search conducted in accordance
with this Section produces | ||
evidence that the student has violated or is
violating either | ||
the law, local ordinance, or the school's policies or rules,
| ||
such evidence may be seized by school authorities, and | ||
disciplinary action may
be taken. School authorities may also | ||
turn over such evidence to law
enforcement authorities. The | ||
provisions of this subsection (e) apply in all
school | ||
districts, including special charter districts and districts | ||
organized
under Article 34.
| ||
(f) Suspension or expulsion may include suspension or |
expulsion from
school and all school activities and a | ||
prohibition from being present on school
grounds.
| ||
(g) A school district may adopt a policy providing that if | ||
a student
is suspended or expelled for any reason from any | ||
public or private school
in this or any other state, the | ||
student must complete the entire term of
the suspension or | ||
expulsion in an alternative school program under Article 13A of | ||
this Code or an alternative learning opportunities program | ||
under Article 13B of this Code before being admitted into the | ||
school
district if there is no threat to the safety of students | ||
or staff in the alternative program. This subsection (g) | ||
applies to
all school districts, including special charter | ||
districts and districts
organized under Article 34 of this | ||
Code.
| ||
(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; | ||
97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. | ||
7-13-12.)
| ||
(105 ILCS 5/10-22.39)
| ||
Sec. 10-22.39. In-service training programs. | ||
(a) To conduct in-service training programs for teachers. | ||
(b) In addition to
other topics at in-service training
| ||
programs, school guidance counselors, teachers, school social | ||
workers, and
other school personnel who work with pupils in | ||
grades 7 through 12 shall be
trained to identify the warning | ||
signs of suicidal behavior in adolescents
and teens and shall |
be taught appropriate intervention and referral techniques.
| ||
(c) School guidance counselors, nurses, teachers and other | ||
school personnel
who work with pupils may be trained to have a | ||
basic knowledge of matters
relating to acquired | ||
immunodeficiency syndrome (AIDS), including the nature
of the | ||
disease, its causes and effects, the means of detecting it and
| ||
preventing its transmission, and the availability of | ||
appropriate sources of
counseling and referral, and any other | ||
information that may be appropriate
considering the age and | ||
grade level of such pupils. The School Board shall
supervise | ||
such training. The State Board of Education and the Department
| ||
of Public Health shall jointly develop standards for such | ||
training.
| ||
(d) In this subsection (d): | ||
"Domestic violence" means abuse by a family or household | ||
member, as "abuse" and "family or household members" are | ||
defined in Section 103 of the Illinois Domestic Violence Act of | ||
1986. | ||
"Sexual violence" means sexual assault, abuse, or stalking | ||
of an adult or minor child proscribed in the Criminal Code of | ||
1961 or the Criminal Code of 2012 in Sections 11-1.20, 11-1.30, | ||
11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5, 12-12, | ||
12-13, 12-14, 12-14.1, 12-15, and 12-16, including sexual | ||
violence committed by perpetrators who are strangers to the | ||
victim and sexual violence committed by perpetrators who are | ||
known or related by blood or marriage to the victim. |
At least once every 2 years, an in-service training program | ||
for school personnel who work with pupils, including, but not | ||
limited to, school and school district administrators, | ||
teachers, school guidance counselors, school social workers, | ||
school counselors, school psychologists, and school nurses, | ||
must be conducted by persons with expertise in domestic and | ||
sexual violence and the needs of expectant and parenting youth | ||
and shall include training concerning (i) communicating with | ||
and listening to youth victims of domestic or sexual violence | ||
and expectant and parenting youth, (ii) connecting youth | ||
victims of domestic or sexual violence and expectant and | ||
parenting youth to appropriate in-school services and other | ||
agencies, programs, and services as needed, and (iii) | ||
implementing the school district's policies, procedures, and | ||
protocols with regard to such youth, including | ||
confidentiality. At a minimum, school personnel must be trained | ||
to understand, provide information and referrals, and address | ||
issues pertaining to youth who are parents, expectant parents, | ||
or victims of domestic or sexual violence.
| ||
(e) At least every 2 years, an in-service training program | ||
for school personnel who work with pupils must be conducted by | ||
persons with expertise in anaphylactic reactions and | ||
management.
| ||
(f) At least once every 2 years, a school board shall | ||
conduct in-service training on educator ethics, | ||
teacher-student conduct, and school employee-student conduct |
for all personnel. | ||
(Source: P.A. 95-558, eff. 8-30-07; 96-349, eff. 8-13-09; | ||
96-431, eff. 8-13-09; 96-951, eff. 6-28-10; 96-1000, eff. | ||
7-2-10; 96-1551, eff. 7-1-11 .)
| ||
(105 ILCS 5/10-27.1A)
| ||
Sec. 10-27.1A. Firearms in schools.
| ||
(a) All school officials, including teachers, guidance | ||
counselors, and
support staff, shall immediately notify the | ||
office of the principal in the
event that they observe any | ||
person in possession of a firearm on school
grounds; provided | ||
that taking such immediate action to notify the office of the
| ||
principal would not immediately endanger the health, safety, or | ||
welfare of
students who are under the direct supervision of the | ||
school official or the
school official. If the health, safety, | ||
or welfare of students under the
direct supervision of the | ||
school official or of the school official is
immediately | ||
endangered, the school official shall notify the office of the
| ||
principal as soon as the students under his or her supervision | ||
and he or she
are no longer under immediate danger. A report is | ||
not required by this Section
when the school official knows | ||
that the person in possession of the firearm is
a law | ||
enforcement official engaged in the conduct of his or her | ||
official
duties. Any school official acting in good faith who | ||
makes such a report under
this Section shall have immunity from | ||
any civil or criminal liability that
might otherwise be |
incurred as a result of making the report. The identity of
the | ||
school official making such report shall not be disclosed | ||
except as
expressly and specifically authorized by law. | ||
Knowingly and willfully failing
to comply with this Section is | ||
a petty offense. A second or subsequent offense
is a Class C | ||
misdemeanor.
| ||
(b) Upon receiving a report from any school official | ||
pursuant to this
Section, or from any other person, the | ||
principal or his or her designee shall
immediately notify a | ||
local law enforcement agency. If the person found to be
in | ||
possession of a firearm on school grounds is a student, the | ||
principal or
his or her designee shall also immediately notify | ||
that student's parent or
guardian. Any principal or his or her | ||
designee acting in good faith who makes
such reports under this | ||
Section shall have immunity from any civil or criminal
| ||
liability that might otherwise be incurred or imposed as a | ||
result of making
the reports. Knowingly and willfully failing | ||
to comply with this Section is a
petty offense. A second or | ||
subsequent offense is a Class C misdemeanor. If
the person | ||
found to be in possession of the firearm on school grounds is a
| ||
minor, the law enforcement agency shall detain that minor until | ||
such time as
the agency makes a determination pursuant to | ||
clause (a) of subsection (1) of
Section 5-401 of the Juvenile | ||
Court Act of 1987, as to whether the agency
reasonably believes | ||
that the minor is delinquent. If the law enforcement
agency | ||
determines that probable cause exists to believe that the minor
|
committed a violation of item (4) of subsection (a) of Section | ||
24-1 of the
Criminal Code of 2012 1961 while on school grounds, | ||
the agency shall detain the
minor for processing pursuant to | ||
Section 5-407 of the Juvenile Court Act of
1987.
| ||
(c) On or after January 1, 1997, upon receipt of any | ||
written,
electronic, or verbal report from any school personnel | ||
regarding a verified
incident involving a firearm 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 shall report all such
firearm-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.
| ||
The State Board of Education shall receive an annual | ||
statistical compilation
and related data associated with | ||
incidents involving firearms 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.
| ||
(d) As used in this Section, the term "firearm" shall have | ||
the meaning
ascribed to it in Section 1.1 of the Firearm Owners | ||
Identification Card Act.
| ||
As used in this Section, the term "school" means any public | ||
or private
elementary or secondary school.
|
As used in this Section, the term "school grounds" includes | ||
the real property
comprising any school, any conveyance owned, | ||
leased, or contracted by a school
to transport students to or | ||
from school or a school-related activity, or any
public way | ||
within 1,000 feet of the real property comprising any school.
| ||
(Source: P.A. 91-11, eff. 6-4-99; 91-491, eff. 8-13-99.)
| ||
(105 ILCS 5/14-6.02) (from Ch. 122, par. 14-6.02)
| ||
Sec. 14-6.02. Service animals. Service animals such as | ||
guide dogs,
signal dogs or any other animal individually | ||
trained to perform tasks for
the benefit of a student with a | ||
disability shall be permitted to accompany
that student at all | ||
school functions, whether in or outside the classroom. For the | ||
purposes of this Section, "service animal" has the same meaning | ||
as in Section 48-8 of the Criminal Code of 2012 1 of the | ||
Service Animal Access Act .
| ||
(Source: P.A. 97-956, eff. 8-14-12; revised 9-20-12.)
| ||
(105 ILCS 5/21B-80) | ||
Sec. 21B-80. Conviction of certain offenses as grounds for | ||
revocation of license. | ||
(a) As used in this Section: | ||
"Narcotics offense" means any one or more of the following | ||
offenses: | ||
(1) Any offense defined in the Cannabis Control Act, | ||
except those defined in subdivisions (a) and (b) of Section |
4 and subdivision (a) of Section 5 of the Cannabis Control | ||
Act and any offense for which the holder of a license is | ||
placed on probation under the provisions of Section 10 of | ||
the Cannabis Control Act, provided that if the terms and | ||
conditions of probation required by the court are not | ||
fulfilled, the offense is not eligible for this exception. | ||
(2) Any offense defined in the Illinois Controlled | ||
Substances Act, except any offense for which the holder of | ||
a license is placed on probation under the provisions of | ||
Section 410 of the Illinois Controlled Substances Act, | ||
provided that if the terms and conditions of probation | ||
required by the court are not fulfilled, the offense is not | ||
eligible for this exception. | ||
(3) Any offense defined in the Methamphetamine Control | ||
and Community Protection Act, except any offense for which | ||
the holder of a license is placed on probation under the | ||
provision of Section 70 of that Act, provided that if the | ||
terms and conditions of probation required by the court are | ||
not fulfilled, the offense is not eligible for this | ||
exception. | ||
(4) Any attempt to commit any of the offenses listed in | ||
items (1) through (3) of this definition. | ||
(5) 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 one or more of the offenses listed in items |
(1) through (4) of this definition. | ||
The changes made by Public Act 96-431 to the definition of | ||
"narcotics offense" are declaratory of existing law. | ||
"Sex offense" means any one or more of the following | ||
offenses: | ||
(A) Any offense defined in Sections 11-6, 11-9 through | ||
11-9.5, inclusive, and 11-30, of the Criminal Code of 1961 | ||
or the Criminal Code of 2012 ; Sections 11-14 through 11-21, | ||
inclusive, of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 ; Sections 11-23 (if punished as a Class 3 | ||
felony), 11-24, 11-25, and 11-26 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 ; and Sections 11-1.20, | ||
11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-4.9, 12-13, 12-14, | ||
12-14.1, 12-15, 12-16, 12-32, 12-33, and 12C-45 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 . | ||
(B) Any attempt to commit any of the offenses listed in | ||
item (A) of this definition. | ||
(C) Any offense committed or attempted in any other | ||
state that, if committed or attempted in this State, would | ||
have been punishable as one or more of the offenses listed | ||
in items (A) and (B) of this definition. | ||
(b) Whenever the holder of any license issued pursuant to | ||
this Article has been convicted of any sex offense or narcotics | ||
offense, the State Superintendent of Education shall forthwith | ||
suspend the license. If the conviction is reversed and the | ||
holder is acquitted of the offense in a new trial or the |
charges against him or her are dismissed, the State | ||
Superintendent of Education shall forthwith terminate the | ||
suspension of the license. When the conviction becomes final, | ||
the State Superintendent of Education shall forthwith revoke | ||
the license. | ||
(c) Whenever the holder of a license issued pursuant to | ||
this Article has been convicted of attempting to commit, | ||
conspiring to commit, soliciting, or committing first degree | ||
murder or a Class X felony or 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 one or more of the foregoing offenses, | ||
the State Superintendent of Education shall forthwith suspend | ||
the license. 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 State | ||
Superintendent of Education shall forthwith terminate the | ||
suspension of the license. When the conviction becomes final, | ||
the State Superintendent of Education shall forthwith revoke | ||
the license.
| ||
(Source: P.A. 97-607, eff. 8-26-11; incorporates 96-1551, eff. | ||
7-1-11; 97-1109, eff. 1-1-13.)
| ||
(105 ILCS 5/27-9.1) (from Ch. 122, par. 27-9.1)
| ||
Sec. 27-9.1. Sex Education.
| ||
(a) No pupil shall be required to take or participate in |
any class or course
in comprehensive sex education if his | ||
parent or guardian submits written
objection thereto, and | ||
refusal to take or participate in such course or
program shall | ||
not be reason for suspension or expulsion of such pupil.
Each | ||
class or course in comprehensive sex education offered in any | ||
of
grades 6 through 12 shall include instruction on the | ||
prevention,
transmission and spread of AIDS.
Nothing in this | ||
Section prohibits instruction in sanitation, hygiene or
| ||
traditional courses in biology.
| ||
(b) All public elementary, junior high, and senior high | ||
school
classes that teach sex education and discuss sexual | ||
intercourse shall
emphasize that abstinence is the expected | ||
norm in that abstinence from
sexual intercourse is the only
| ||
protection that is 100% effective against unwanted teenage | ||
pregnancy,
sexually transmitted diseases, and acquired immune | ||
deficiency syndrome
(AIDS) when transmitted sexually.
| ||
(c) All sex education courses that discuss sexual | ||
intercourse shall
satisfy the following criteria:
| ||
(1) Course material and instruction shall be age | ||
appropriate.
| ||
(2) Course material and instruction shall teach honor | ||
and respect for
monogamous heterosexual marriage.
| ||
(3) Course material and instruction shall stress that | ||
pupils should
abstain from sexual intercourse until they | ||
are ready for marriage.
| ||
(4) Course material and instruction shall include a |
discussion of the
possible emotional and psychological | ||
consequences of preadolescent and
adolescent sexual | ||
intercourse outside of marriage and the consequences of
| ||
unwanted adolescent pregnancy.
| ||
(5) Course material and instruction shall stress that | ||
sexually
transmitted diseases are serious possible hazards | ||
of sexual intercourse.
Pupils shall be provided with | ||
statistics based on the latest medical
information citing | ||
the failure and success rates of condoms in preventing
AIDS | ||
and other sexually transmitted diseases.
| ||
(6) Course material and instruction shall advise | ||
pupils of the laws
pertaining to their financial | ||
responsibility to children born in and out of
wedlock.
| ||
(7) Course material and instruction shall advise | ||
pupils of the
circumstances under which it is unlawful for | ||
males to have sexual relations
with females under the
age | ||
of 18 to whom they are not married pursuant to Article 11 | ||
12 of the
Criminal Code of 2012 1961, as now or hereafter | ||
amended .
| ||
(8) Course material and instruction shall teach pupils | ||
to not make
unwanted physical and verbal sexual advances | ||
and how to say no to unwanted
sexual advances. Pupils shall | ||
be taught that it is wrong to take advantage
of or to | ||
exploit another person. The material and instruction shall | ||
also
encourage youth to resist negative peer pressure.
| ||
(9) (Blank).
|
(10) Course material and instruction shall teach | ||
pupils about the dangers associated with drug and alcohol | ||
consumption during pregnancy. | ||
(d) An opportunity shall be afforded to parents or | ||
guardians to examine
the instructional materials to be used in | ||
such class or course.
| ||
(Source: P.A. 96-1082, eff. 7-16-10.)
| ||
(105 ILCS 5/33-2) (from Ch. 122, par. 33-2)
| ||
Sec. 33-2. Eligibility. To be eligible for election to the | ||
board, a person
shall be a citizen of
the United States, shall | ||
have been a resident of the district for at least one
year | ||
immediately preceding his or her election, and
shall not be a | ||
child sex offender as defined in Section 11-9.3 of the
Criminal | ||
Code of 2012 1961 . Permanent removal from the
district by any | ||
member constitutes a resignation from and creates a vacancy
in | ||
the board. Board members shall serve without compensation.
| ||
Notwithstanding any provisions to the contrary in any | ||
special charter,
petitions nominating candidates for the board | ||
of education shall be signed
by at least 200 voters of the | ||
district; and the polls, whether they be
located within a city | ||
lying in the district or outside of a city, shall
remain open | ||
during the hours specified in the Election Code.
| ||
(Source: P.A. 93-309, eff. 1-1-04.)
| ||
(105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
|
Sec. 34-2.1. Local School Councils - Composition - | ||
Voter-Eligibility
- Elections - Terms. | ||
(a) A local school council shall be established for each | ||
attendance
center within the school district. Each local school | ||
council shall
consist of the following 12 voting members: the | ||
principal of the
attendance center, 2 teachers employed and | ||
assigned to perform the
majority of their employment duties at | ||
the attendance center, 6 parents of
students currently enrolled | ||
at the attendance center, one employee of the school district | ||
employed and assigned to perform the majority of his or her | ||
employment duties at the attendance center who is not a | ||
teacher, and 2 community
residents. Neither the parents nor the | ||
community residents who serve as
members of the local school | ||
council shall be employees of the Board of
Education. In each | ||
secondary attendance center, the local school council
shall | ||
consist of 13 voting members -- the 12 voting members described | ||
above
and one full-time student member, appointed as provided | ||
in subsection
(m) below.
In the event that the chief executive | ||
officer of the Chicago School Reform
Board of Trustees | ||
determines that a local school council is not carrying out
its | ||
financial duties effectively, the chief executive officer is | ||
authorized to
appoint a representative of the business | ||
community with experience in finance
and management
to serve as | ||
an advisor to the local school council for
the purpose of | ||
providing advice and assistance to the local school council on
| ||
fiscal matters.
The advisor shall have access to relevant |
financial records of the
local school council. The advisor may | ||
attend executive sessions.
The chief executive officer shall
| ||
issue a written policy defining the circumstances under which a | ||
local school
council is not carrying out its financial duties | ||
effectively.
| ||
(b) Within 7 days of January 11, 1991, the Mayor shall | ||
appoint the
members and officers (a Chairperson who shall be a | ||
parent member and a
Secretary) of each local school council who | ||
shall hold their offices until
their successors shall be | ||
elected and qualified. Members so appointed shall
have all the | ||
powers and duties of local school councils as set forth in
this | ||
amendatory Act of 1991. The Mayor's appointments shall not | ||
require
approval by the City Council.
| ||
The membership of each local school council shall be | ||
encouraged to be
reflective of the racial and ethnic | ||
composition of the student population
of the attendance center | ||
served by the local school council.
| ||
(c) Beginning with the 1995-1996 school year and in every | ||
even-numbered
year thereafter, the Board shall set second | ||
semester Parent Report Card
Pick-up Day for Local School | ||
Council elections and may schedule elections at
year-round | ||
schools for the same dates as the remainder of the school | ||
system.
Elections shall be
conducted as provided herein by the | ||
Board of Education in consultation with
the local school | ||
council at each attendance center.
| ||
(d) Beginning with the 1995-96 school year, the following
|
procedures shall apply to the election of local school council | ||
members at each
attendance center:
| ||
(i) The elected members of each local school council | ||
shall consist of
the 6 parent members and the 2 community | ||
resident members.
| ||
(ii) Each elected member shall be elected by the | ||
eligible voters of
that attendance center to serve for a | ||
two-year term
commencing on July 1
immediately following | ||
the election described in subsection
(c). Eligible
voters | ||
for each attendance center shall consist of the parents and | ||
community
residents for that attendance center.
| ||
(iii) Each eligible voter shall be entitled
to cast one | ||
vote for up to
a total of 5 candidates, irrespective of | ||
whether such candidates are parent
or community resident | ||
candidates.
| ||
(iv) Each parent voter shall be entitled to vote in the | ||
local
school
council election at each attendance center in | ||
which he or she has a child
currently enrolled. Each | ||
community resident voter shall be entitled to
vote in the | ||
local school council election at each attendance center for
| ||
which he or she resides in the applicable attendance area | ||
or voting
district, as the case may be.
| ||
(v) Each eligible voter shall be entitled to vote once, | ||
but
not more
than once, in the local school council | ||
election at each attendance center
at which the voter is | ||
eligible to vote.
|
(vi) The 2 teacher members and the non-teacher employee | ||
member of each local school council
shall be
appointed as | ||
provided in subsection (l) below each to serve for a
| ||
two-year
term coinciding with that of the elected parent | ||
and community resident
members.
| ||
(vii) At secondary attendance centers, the voting | ||
student
member shall
be appointed as provided in subsection | ||
(m) below to serve
for a one-year term coinciding with the | ||
beginning of the terms of the elected
parent and community | ||
members of the local school council.
| ||
(e) The Council shall publicize the date and place of the | ||
election by
posting notices at the attendance center, in public | ||
places within the
attendance boundaries of the attendance | ||
center and by distributing notices
to the pupils at the | ||
attendance center, and shall utilize such other means
as it | ||
deems necessary to maximize the involvement of all eligible | ||
voters.
| ||
(f) Nomination. The Council shall publicize the opening of | ||
nominations
by posting notices at the attendance center, in | ||
public places within the
attendance boundaries of the | ||
attendance center and by distributing notices
to the pupils at | ||
the attendance center, and shall utilize such other means
as it | ||
deems necessary to maximize the involvement of all eligible | ||
voters.
Not less than 2 weeks before the election date, persons | ||
eligible to run for
the Council shall submit their name,
date | ||
of birth, social
security number, if
available,
and some |
evidence of eligibility
to the Council. The Council shall | ||
encourage nomination of candidates
reflecting the | ||
racial/ethnic population of the students at the attendance
| ||
center. Each person nominated who runs as a candidate shall | ||
disclose, in a
manner determined by the Board, any economic | ||
interest held by such person,
by such person's spouse or | ||
children, or by each business entity in which
such person has | ||
an ownership interest, in any contract with the Board, any
| ||
local school council or any public school in the school
| ||
district.
Each person
nominated who runs as a candidate shall | ||
also disclose, in a manner determined
by the Board, if he or | ||
she ever has been convicted of any of the offenses
specified in | ||
subsection (c) of Section 34-18.5; provided that neither this
| ||
provision nor any other provision of this Section shall be | ||
deemed to require
the disclosure of any information that is | ||
contained in any law enforcement
record or juvenile court | ||
record that is confidential or whose accessibility or
| ||
disclosure is restricted or prohibited under Section 5-901 or
| ||
5-905 of the Juvenile
Court Act of 1987.
Failure to make such | ||
disclosure shall render a person ineligible
for election or to | ||
serve on the local school council. The same
disclosure shall be
| ||
required of persons under consideration for appointment to the | ||
Council
pursuant to subsections (l) and (m) of this Section.
| ||
(f-5) Notwithstanding disclosure, a person who has been | ||
convicted of any
of
the
following offenses at any time shall be | ||
ineligible for election or appointment
to a local
school |
council and ineligible for appointment to a local school | ||
council
pursuant to
subsections (l) and (m) of this Section: | ||
(i) those defined in Section 11-1.20, 11-1.30, 11-1.40, | ||
11-1.50, 11-1.60, 11-6,
11-9.1, 11-14.4, 11-16,
11-17.1, | ||
11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, | ||
12-14, 12-14.1, 12-15, or
12-16, or subdivision (a)(2) of | ||
Section 11-14.3, of the
Criminal Code of 1961 or the Criminal | ||
Code of 2012, or (ii) 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.
| ||
Notwithstanding
disclosure, a person who has been convicted of | ||
any of the following offenses
within the
10 years previous to | ||
the date of nomination or appointment shall be ineligible
for | ||
election or
appointment to a local school council:
(i) those | ||
defined in Section 401.1, 405.1, or 405.2 of the Illinois | ||
Controlled
Substances Act or (ii) 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.
| ||
Immediately upon election or appointment, incoming local | ||
school
council members
shall be
required to undergo a criminal | ||
background investigation, to be completed prior
to the member | ||
taking office,
in order to identify
any criminal convictions | ||
under the offenses enumerated in Section 34-18.5.
The | ||
investigation shall be conducted by the Department of State |
Police in the
same manner as provided for in Section 34-18.5. | ||
However, notwithstanding
Section 34-18.5, the social security | ||
number shall be provided only if
available.
If it is determined | ||
at any time that a local school council member or
member-elect | ||
has been convicted
of any of the offenses enumerated in this | ||
Section or failed to disclose a
conviction of any of the | ||
offenses enumerated in Section 34-18.5, the general
| ||
superintendent shall notify the local school council member or | ||
member-elect of
such
determination and the local school council | ||
member or member-elect shall be
removed from the
local school | ||
council by the Board, subject to a hearing,
convened pursuant | ||
to Board rule, prior to removal.
| ||
(g) At least one week before the election date, the Council | ||
shall
publicize, in the manner provided in subsection (e), the | ||
names of persons
nominated for election.
| ||
(h) Voting shall be in person by secret ballot at the | ||
attendance center
between the hours of 6:00 a.m. and 7:00 p.m.
| ||
(i) Candidates receiving the highest number of votes shall | ||
be declared
elected by the Council. In cases of a tie, the | ||
Council shall determine the
winner by lot.
| ||
(j) The Council shall certify the results of the election | ||
and shall
publish the results in the minutes of the Council.
| ||
(k) The general superintendent shall resolve any
disputes
| ||
concerning election procedure or results and shall ensure that, | ||
except as
provided in subsections (e) and (g), no resources of | ||
any attendance center
shall be used to endorse or promote any |
candidate.
| ||
(l) Beginning with the 1995-1996 school year
and in every
| ||
even numbered
year thereafter, the Board shall appoint 2 | ||
teacher
members to each
local school council. These | ||
appointments shall be made in the following
manner:
| ||
(i) The Board shall appoint 2 teachers who are
employed | ||
and assigned to
perform the majority of
their employment | ||
duties at the attendance center
to serve on the local | ||
school council of the attendance center for a two-year
term | ||
coinciding with the terms of the elected parent and
| ||
community members of that local school council. These
| ||
appointments shall be made from among those teachers who | ||
are nominated in
accordance with subsection (f).
| ||
(ii) A non-binding, advisory poll to ascertain the
| ||
preferences of the
school staff regarding appointments of | ||
teachers to the local school council
for that attendance | ||
center shall be conducted in accordance with the
procedures | ||
used to elect parent and community Council | ||
representatives. At
such poll, each member of the school | ||
staff shall be entitled to indicate
his or her preference | ||
for up to 2 candidates from among those who submitted
| ||
statements of candidacy as described above. These | ||
preferences shall be
advisory only and the Board shall | ||
maintain absolute discretion to appoint
teacher members to | ||
local school councils, irrespective of the preferences
| ||
expressed in any such poll.
|
(iii) In the event that a teacher representative is | ||
unable to perform
his or her employment duties at the | ||
school due to illness, disability, leave of
absence, | ||
disciplinary action, or any other reason, the Board shall | ||
declare
a temporary vacancy and appoint a replacement | ||
teacher representative to serve
on the local school council | ||
until such time as the teacher member originally
appointed | ||
pursuant to this subsection (l) resumes service at the | ||
attendance
center or for the remainder of the term. The | ||
replacement teacher
representative shall be appointed in | ||
the same manner and by the same procedures
as teacher | ||
representatives are appointed in subdivisions (i) and (ii) | ||
of this
subsection (l).
| ||
(m) Beginning with the 1995-1996 school year, and in every
| ||
year thereafter, the Board shall appoint one student member to | ||
each
secondary attendance center. These appointments shall be | ||
made in the
following manner:
| ||
(i) Appointments shall be made from among those | ||
students who submit
statements of candidacy to the | ||
principal of the attendance center, such
statements to be | ||
submitted commencing on the first day of the twentieth
week | ||
of school and
continuing for 2 weeks thereafter. The form | ||
and manner of such candidacy
statements shall be determined | ||
by the Board.
| ||
(ii) During the twenty-second week of school in every | ||
year,
the principal of
each attendance center shall conduct |
a non-binding, advisory poll to
ascertain the preferences | ||
of the school students regarding the appointment
of a | ||
student to the local school council for that attendance | ||
center. At
such poll, each student shall be entitled to | ||
indicate his or her preference
for up to one candidate from | ||
among those who submitted statements of
candidacy as | ||
described above. The Board shall promulgate rules to ensure
| ||
that these non-binding, advisory polls are conducted in a | ||
fair and
equitable manner and maximize the involvement of | ||
all school students. The
preferences expressed in these | ||
non-binding, advisory polls shall be
transmitted by the | ||
principal to the Board. However, these preferences
shall be | ||
advisory only and the Board shall maintain absolute | ||
discretion to
appoint student members to local school | ||
councils, irrespective of the
preferences expressed in any | ||
such poll.
| ||
(iii) For the 1995-96 school year only, appointments | ||
shall be made from
among those students who submitted | ||
statements of candidacy to the principal
of the attendance | ||
center during the first 2 weeks of the school year.
The
| ||
principal shall communicate the results of any nonbinding, | ||
advisory poll to the
Board. These results shall be advisory | ||
only, and the Board shall maintain
absolute discretion to | ||
appoint student members to local school councils,
| ||
irrespective of the preferences expressed in any such poll.
| ||
(n) The Board may promulgate such other rules and |
regulations for
election procedures as may be deemed necessary | ||
to ensure fair elections.
| ||
(o) In the event that a vacancy occurs during a member's | ||
term, the
Council shall appoint a person eligible to serve on | ||
the Council, to fill
the unexpired term created by the vacancy, | ||
except that any teacher vacancy
shall be filled by the Board | ||
after considering the preferences of the school
staff as | ||
ascertained through a non-binding advisory poll of school | ||
staff.
| ||
(p) If less than the specified number of persons is elected | ||
within each
candidate category, the newly elected local school | ||
council shall appoint
eligible persons to serve as members of | ||
the Council for two-year terms.
| ||
(q) The Board shall promulgate rules regarding conflicts of | ||
interest
and disclosure of economic interests which shall apply | ||
to local school
council members and which shall require reports | ||
or statements to be filed
by Council members at regular | ||
intervals with the Secretary of the
Board. Failure to comply | ||
with such rules
or intentionally falsifying such reports shall | ||
be grounds for
disqualification from local school council | ||
membership. A vacancy on the
Council for disqualification may | ||
be so declared by the Secretary of the
Board. Rules regarding | ||
conflicts of interest and disclosure of
economic interests | ||
promulgated by the Board shall apply to local school council
| ||
members. No less than 45 days prior to the deadline, the | ||
general
superintendent shall provide notice, by mail, to each |
local school council
member of all requirements and forms for | ||
compliance with economic interest
statements.
| ||
(r) (1) If a parent member of a local school council ceases | ||
to have any
child
enrolled in the attendance center governed by | ||
the Local School Council due to
the graduation or voluntary | ||
transfer of a child or children from the attendance
center, the | ||
parent's membership on the Local School Council and all voting
| ||
rights are terminated immediately as of the date of the child's | ||
graduation or
voluntary transfer. If the child of a parent | ||
member of a local school council dies during the member's term | ||
in office, the member may continue to serve on the local school | ||
council for the balance of his or her term. Further,
a local | ||
school council member may be removed from the Council by a
| ||
majority vote of the Council as provided in subsection (c) of | ||
Section
34-2.2 if the Council member has missed 3 consecutive | ||
regular meetings, not
including committee meetings, or 5 | ||
regular meetings in a 12 month period,
not including committee | ||
meetings.
If a parent member of a local school council ceases | ||
to be eligible to serve
on the Council for any other reason, he | ||
or she shall be removed by the Board
subject
to a hearing, | ||
convened pursuant to Board rule, prior to removal.
A vote to | ||
remove a Council member by the local school council shall
only | ||
be valid if the Council member has been notified personally or | ||
by
certified mail, mailed to the person's last known address, | ||
of the Council's
intent to vote on the Council member's removal | ||
at least 7 days prior to the
vote. The Council member in |
question shall have the right to explain
his or her actions and | ||
shall be eligible to vote on the
question of his or her removal | ||
from the Council. The provisions of this
subsection shall be | ||
contained within the petitions used to nominate Council
| ||
candidates.
| ||
(2) A person may continue to serve as a community resident | ||
member of a
local
school council as long as he or she resides | ||
in the attendance area served by
the
school and is not employed | ||
by the Board nor is a parent of a student enrolled
at the | ||
school. If a community resident member ceases to be eligible to | ||
serve
on the Council, he or she shall be removed by the Board | ||
subject to a hearing,
convened pursuant to Board rule, prior to | ||
removal.
| ||
(3) A person may continue to serve as a teacher member of a | ||
local school
council as long as he or she is employed and | ||
assigned to perform a majority of
his or her duties at the | ||
school, provided that if the teacher representative
resigns | ||
from employment with the Board or
voluntarily transfers to | ||
another school, the teacher's membership on the local
school | ||
council and all voting rights are terminated immediately as of | ||
the date
of the teacher's resignation or upon the date of the | ||
teacher's voluntary
transfer to another school. If a teacher | ||
member of a local school council
ceases to be eligible to serve | ||
on a local school council for any other reason,
that member | ||
shall be removed by the Board subject to a hearing, convened
| ||
pursuant to Board rule, prior to removal.
|
(Source: P.A. 95-1015, eff. 12-15-08; 96-1412, eff. 1-1-11; | ||
96-1551, eff. 7-1-11 .)
| ||
(105 ILCS 5/34-4) (from Ch. 122, par. 34-4)
| ||
Sec. 34-4. Eligibility. To be eligible for appointment to | ||
the board, a
person shall be a citizen of the United States, | ||
shall be a registered voter
as provided in the Election Code, | ||
shall have been a resident of the city for at
least 3 years | ||
immediately
preceding his or her appointment, and shall not be | ||
a child sex offender
as defined in Section 11-9.3 of the
| ||
Criminal Code of 2012 1961 . Permanent removal from the city by | ||
any member of
the board during his term of office constitutes a | ||
resignation therefrom and
creates a vacancy in the board. | ||
Except for the President of the Chicago
School Reform Board of | ||
Trustees who may be paid compensation for his or her
services | ||
as chief executive officer as determined by the Mayor as | ||
provided in
subsection (a) of Section 34-3, board members shall | ||
serve without any
compensation; provided, that board members | ||
shall be reimbursed for expenses
incurred while in the | ||
performance of their duties upon submission of proper
receipts | ||
or upon submission of a signed voucher in the case of an | ||
expense
allowance evidencing the amount of such reimbursement | ||
or allowance to the
president of the board for verification and | ||
approval. The board of
education may continue to provide health | ||
care insurance coverage, employer
pension contributions, | ||
employee pension contributions, and life insurance
premium |
payments for an employee required to resign from
an | ||
administrative, teaching, or career service position in order | ||
to qualify
as a member of the board of education. They shall | ||
not hold other public
office under the Federal, State or any | ||
local government other than that of
Director of the Regional | ||
Transportation Authority, member of the economic
development | ||
commission of a city having a population exceeding 500,000,
| ||
notary public or member of the National Guard, and by accepting | ||
any such
office while members of the board, or by not resigning | ||
any such office held
at the time of being appointed to the | ||
board within 30 days after such
appointment, shall be deemed to | ||
have vacated their membership in the board.
| ||
(Source: P.A. 93-309, eff. 1-1-04.)
| ||
(105 ILCS 5/34-84a.1) (from Ch. 122, par. 34-84a.1)
| ||
Sec. 34-84a.1. Principals shall report incidents of | ||
intimidation. The
principal of each attendance center shall | ||
promptly notify and report to the
local law enforcement | ||
authorities for inclusion in the Department of State
Police's | ||
Illinois Uniform Crime Reporting Program each incident of
| ||
intimidation of which he or she has knowledge and each alleged | ||
incident of
intimidation which is reported to him or her, | ||
either orally or in writing,
by any pupil or by any teacher or | ||
other certificated or non-certificated
personnel employed at | ||
the attendance center. "Intimidation" shall have the
meaning | ||
ascribed to it by Section 12-6 of the Criminal Code of 2012 |
1961 .
| ||
(Source: P.A. 91-357, eff. 7-29-99.)
| ||
(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,
11-9, and | ||
11-30, Sections
11-14 through 11-21, inclusive, and Sections | ||
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| ||
12-14.1,
12-15 and 12-16 of the
Criminal Code of 1961 or the | ||
Criminal Code of 2012 ; (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) | ||
any attempt to commit any of the foregoing
offenses; and (5) | ||
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. 96-1551, eff. 7-1-11 .)
| ||
Section 240. The Medical School Matriculant Criminal | ||
History Records Check Act is amended by changing Section 5 as | ||
follows: | ||
(110 ILCS 57/5) | ||
Sec. 5. Definitions. | ||
"Matriculant" means an individual who is conditionally | ||
admitted as a student to a medical school located in Illinois, | ||
pending the medical school's consideration of his or her | ||
criminal history records check under this Act. | ||
"Sex offender" means any person who is convicted pursuant | ||
to Illinois law or any
substantially similar federal, Uniform |
Code of Military
Justice, sister state, or foreign country law | ||
with any of
the following sex offenses set forth in the | ||
Criminal Code
of 1961 or the Criminal Code of 2012 : | ||
(1) Indecent solicitation of a child. | ||
(2) Sexual exploitation of a child. | ||
(3) Custodial sexual misconduct. | ||
(4) Exploitation of a child. | ||
(5) Child pornography. | ||
(6) Aggravated child pornography. | ||
"Violent felony" means any of the following offenses, as
| ||
defined by the Criminal Code of 1961 or the Criminal Code of | ||
2012 : | ||
(1) First degree murder. | ||
(2) Second degree murder. | ||
(3) Predatory criminal sexual assault of a child. | ||
(4) Aggravated criminal sexual assault. | ||
(5) Criminal sexual assault. | ||
(6) Aggravated arson. | ||
(7) Aggravated kidnapping. | ||
(8) Kidnapping. | ||
(9) Aggravated battery resulting in great bodily harm | ||
or permanent disability or disfigurement.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .) | ||
Section 245. The Board of Higher Education Act is amended | ||
by changing Section 9.21 as follows:
|
(110 ILCS 205/9.21) (from Ch. 144, par. 189.21)
| ||
Sec. 9.21. Human Relations.
| ||
(a) The Board shall monitor, budget, evaluate, and report | ||
to the General
Assembly in accordance with Section 9.16 of this | ||
Act on programs to improve
human relations to include race, | ||
ethnicity, gender and other issues related
to improving human | ||
relations. The programs shall at least:
| ||
(1) require each public institution of higher | ||
education to include, in
the general education | ||
requirements for obtaining a degree, coursework on
| ||
improving human relations to include race, ethnicity, | ||
gender and other
issues related to improving human | ||
relations to address racism and sexual
harassment on their | ||
campuses, through existing courses;
| ||
(2) require each public institution of higher | ||
education to report
monthly to the Department of Human | ||
Rights and the Attorney General on each
adjudicated case in | ||
which a finding of racial, ethnic or religious
intimidation | ||
or sexual harassment made in a grievance, affirmative | ||
action
or other proceeding established by that institution | ||
to investigate and
determine allegations of racial, ethnic | ||
or religious intimidation and
sexual harassment; and
| ||
(3) require each public institution of higher | ||
education to forward to
the local State's Attorney any | ||
report received by campus security or by a
university |
police department alleging the commission of a hate crime | ||
as
defined under Section 12-7.1 of the Criminal Code of | ||
2012 1961 .
| ||
(Source: P.A. 90-655, eff. 7-30-98.)
| ||
Section 250. The Residential Mortgage License Act of 1987 | ||
is amended by changing Section 4-7 as follows: | ||
(205 ILCS 635/4-7) | ||
Sec. 4-7. Additional investigation and examination | ||
authority. In addition to any authority allowed under this Act, | ||
the Director shall have the authority to conduct investigations | ||
and examinations as follows: | ||
(a) For purposes of initial licensing, license renewal, | ||
license suspension, license conditioning, license revocation | ||
or termination, or general or specific inquiry or investigation | ||
to determine compliance with this Act, the Commissioner shall | ||
have the authority to access, receive, and use any books, | ||
accounts, records, files, documents, information, or evidence | ||
including, but not limited to, the following: | ||
(1) criminal, civil, and administrative history | ||
information, including nonconviction data as specified in | ||
the Criminal Code of 2012 1961 ; | ||
(2) personal history and experience information, | ||
including independent credit reports obtained from a | ||
consumer reporting agency described in Section 603(p) of |
the federal Fair Credit Reporting Act; and | ||
(3) any other documents, information, or evidence the | ||
Commissioner deems relevant to the inquiry or | ||
investigation regardless of the location, possession, | ||
control, or custody of the documents, information, or | ||
evidence. | ||
(b) For the purposes of investigating violations or | ||
complaints arising under this Act, or for the purposes of | ||
examination, the Commissioner may review, investigate, or | ||
examine any licensee, individual, or person subject to this | ||
Act, as often as necessary in order to carry out the purposes | ||
of this Act. The Commissioner may direct, subpoena, or order | ||
the attendance of and examine under oath all persons whose | ||
testimony may be required about the loans or the business or | ||
subject matter of any such examination or investigation, and | ||
may direct, subpoena, or order the person to produce books, | ||
accounts, records, files, and any other documents the | ||
Commissioner deems relevant to the inquiry. | ||
(c) Each licensee, individual, or person subject to this | ||
Act shall make available to the Commissioner upon request the | ||
books and records relating to the operations of such licensee, | ||
individual, or person subject to this Act. The Commissioner | ||
shall have access to such books and records and interview the | ||
officers, principals, mortgage loan originators, employees, | ||
independent contractors, agents, and customers of the | ||
licensee, individual, or person subject to this Act concerning |
their business. | ||
(d) Each licensee, individual, or person subject to this | ||
Act shall make or compile reports or prepare other information | ||
as directed by the Commissioner in order to carry out the | ||
purposes of this Section including, but not limited to: | ||
(1) accounting compilations; | ||
(2) information lists and data concerning loan | ||
transactions in a format prescribed by the Commissioner; or | ||
(3) other information deemed necessary to carry out the | ||
purposes of this Section. | ||
(e) In making any examination or investigation authorized | ||
by this Act, the Commissioner may control access to any | ||
documents and records of the licensee or person under | ||
examination or investigation. The Commissioner may take | ||
possession of the documents and records or place a person in | ||
exclusive charge of the documents and records in the place | ||
where they are usually kept. During the period of control, no | ||
individual or person shall remove or attempt to remove any of | ||
the documents and records except pursuant to a court order or | ||
with the consent of the Commissioner. Unless the Commissioner | ||
has reasonable grounds to believe the documents or records of | ||
the licensee have been, or are at risk of being altered or | ||
destroyed for purposes of concealing a violation of this Act, | ||
the licensee or owner of the documents and records shall have | ||
access to the documents or records as necessary to conduct its | ||
ordinary business affairs. |
(f) In order to carry out the purposes of this Section, the | ||
Commissioner may: | ||
(1) retain attorneys, accountants, or other | ||
professionals and specialists as examiners, auditors, or | ||
investigators to conduct or assist in the conduct of | ||
examinations or investigations; | ||
(2) enter into agreements or relationships with other | ||
government officials or regulatory associations in order | ||
to improve efficiencies and reduce regulatory burden by | ||
sharing resources, standardized or uniform methods or | ||
procedures, and documents, records, information or | ||
evidence obtained under this Section; | ||
(3) use, hire, contract, or employ public or privately | ||
available analytical systems, methods, or software to | ||
examine or investigate the licensee, individual, or person | ||
subject to this Act; | ||
(4) accept and rely on examination or investigation | ||
reports made by other government officials, within or | ||
without this State; or | ||
(5) accept audit reports made by an independent | ||
certified public accountant for the licensee, individual, | ||
or person subject to this Act in the course of that part of | ||
the examination covering the same general subject matter as | ||
the audit and may incorporate the audit report in the | ||
report of the examination, report of investigation, or | ||
other writing of the Commissioner. |
(g) The authority of this Section shall remain in effect, | ||
whether such a licensee, individual, or person subject to this | ||
Act acts or claims to act under any licensing or registration | ||
law of this State, or claims to act without the authority. | ||
(h) No licensee, individual, or person subject to | ||
investigation or examination under this Section may knowingly | ||
withhold, abstract, remove, mutilate, destroy, or secrete any | ||
books, records, computer records, or other information.
| ||
(Source: P.A. 96-112, eff. 7-31-09.) | ||
Section 255. The Nursing Home Care Act is amended by | ||
changing Section 3-702 as follows:
| ||
(210 ILCS 45/3-702) (from Ch. 111 1/2, par. 4153-702)
| ||
Sec. 3-702.
(a) A person who believes that this Act or a | ||
rule promulgated
under this Act may have been violated may | ||
request an investigation. The
request may be submitted to the | ||
Department in writing, by telephone, or by
personal visit. An | ||
oral complaint shall be reduced to writing by the
Department. | ||
The Department shall request information identifying the
| ||
complainant, including the name, address and telephone number, | ||
to help
enable appropriate follow-up. The Department shall act | ||
on such complaints
via on-site visits or other methods deemed | ||
appropriate to handle the
complaints with or without such | ||
identifying information, as otherwise
provided under this | ||
Section. The complainant shall be informed that
compliance with |
such request is not required to satisfy the procedures for
| ||
filing a complaint under this Act.
| ||
(b) The substance of the complaint shall be provided in | ||
writing to the
licensee, owner or administrator no earlier than | ||
at the commencement of an
on-site inspection of the facility | ||
which takes place pursuant to the complaint.
| ||
(c) The Department shall not disclose the name of the | ||
complainant unless
the complainant consents in writing to the | ||
disclosure or the investigation
results in a judicial | ||
proceeding, or unless disclosure is essential to the
| ||
investigation. The complainant shall be given the opportunity | ||
to withdraw
the complaint before disclosure. Upon the request | ||
of the complainant, the
Department may permit the complainant | ||
or a representative of the complainant
to accompany the person | ||
making the on-site inspection of the facility.
| ||
(d) Upon receipt of a complaint, the Department shall | ||
determine whether this
Act or a rule promulgated under this Act | ||
has been or is being violated. The
Department shall investigate | ||
all complaints alleging abuse or neglect within
7 days after | ||
the receipt of the complaint except that complaints of abuse
or | ||
neglect which indicate that a resident's life or safety is in | ||
imminent
danger shall be investigated within 24 hours after | ||
receipt of the
complaint. All other complaints shall be | ||
investigated within 30 days after
the receipt of the complaint. | ||
The Department employees investigating a
complaint shall | ||
conduct a brief, informal exit conference with the facility
to |
alert its administration of any suspected serious deficiency | ||
that poses
a direct threat to the health, safety or welfare of | ||
a resident to enable an
immediate correction for the | ||
alleviation or elimination of such threat.
Such information and | ||
findings discussed in the brief exit conference shall
become a | ||
part of the investigating record but shall not in any way
| ||
constitute an official or final notice of violation as provided | ||
under
Section 3-301. All complaints shall be classified as
"an | ||
invalid report", "a valid report", or "an undetermined
report". | ||
For any complaint classified as "a valid report", the
| ||
Department must determine within 30 working days
if any rule or | ||
provision of this Act has been or is being violated.
| ||
(d-1) The Department shall, whenever possible, combine an | ||
on-site
investigation of a complaint in a facility with other | ||
inspections in order
to avoid duplication of inspections.
| ||
(e) In all cases, the Department shall inform the | ||
complainant of its
findings within 10 days of its determination | ||
unless otherwise indicated
by the complainant, and the | ||
complainant may direct the Department to
send a copy of such | ||
findings to another person. The Department's findings
may | ||
include comments or documentation provided by either the | ||
complainant
or the licensee pertaining to the complaint. The | ||
Department shall also
notify the facility of such findings | ||
within 10 days of the determination,
but the name of the | ||
complainant or residents shall not be disclosed in this
notice | ||
to the facility. The notice of such
findings shall include a |
copy of the written determination; the
correction order, if | ||
any; the warning notice, if any; the inspection
report; or the | ||
State licensure form on which the violation is listed.
| ||
(f) A written determination, correction order, or warning | ||
notice
concerning a complaint, together with the facility's | ||
response, shall be
available for public inspection, but the | ||
name of the complainant or
resident shall not be disclosed | ||
without his consent.
| ||
(g) A complainant who is dissatisfied with the | ||
determination or
investigation by the Department may request a | ||
hearing under Section
3-703. The facility shall be given notice | ||
of any such
hearing and may participate in the hearing as a | ||
party. If a facility
requests a hearing under Section 3-703 | ||
which
concerns a matter covered by a complaint, the complainant | ||
shall be given
notice and may participate in the hearing as a | ||
party. A request
for a hearing by either a complainant or a | ||
facility shall be
submitted in writing to the Department within | ||
30 days after the mailing
of the Department's findings as | ||
described in subsection (e) of this
Section. Upon receipt of | ||
the request the Department shall conduct a hearing
as provided | ||
under Section 3-703.
| ||
(h) Any person who knowingly transmits a false report to | ||
the
Department commits the offense of disorderly conduct under | ||
subsection
(a)(8) of Section 26-1 of the " Criminal Code of 2012 | ||
1961" .
| ||
(Source: P.A. 85-1378 .)
|
Section 260. The ID/DD Community Care Act is amended by | ||
changing Section 3-702 as follows: | ||
(210 ILCS 47/3-702)
| ||
Sec. 3-702. Request for investigation of violation. | ||
(a) A person who believes that this Act or a rule | ||
promulgated under this Act may have been violated may request | ||
an investigation. The request may be submitted to the | ||
Department in writing, by telephone, or by personal visit. An | ||
oral complaint shall be reduced to writing by the Department. | ||
The Department shall request information identifying the | ||
complainant, including the name, address and telephone number, | ||
to help enable appropriate follow up. The Department shall act | ||
on such complaints via on-site visits or other methods deemed | ||
appropriate to handle the complaints with or without such | ||
identifying information, as otherwise provided under this | ||
Section. The complainant shall be informed that compliance with | ||
such request is not required to satisfy the procedures for | ||
filing a complaint under this Act. | ||
(b) The substance of the complaint shall be provided in | ||
writing to the licensee, owner or administrator no earlier than | ||
at the commencement of an on-site inspection of the facility | ||
which takes place pursuant to the complaint. | ||
(c) The Department shall not disclose the name of the | ||
complainant unless the complainant consents in writing to the |
disclosure or the investigation results in a judicial | ||
proceeding, or unless disclosure is essential to the | ||
investigation. The complainant shall be given the opportunity | ||
to withdraw the complaint before disclosure. Upon the request | ||
of the complainant, the Department may permit the complainant | ||
or a representative of the complainant to accompany the person | ||
making the on-site inspection of the facility. | ||
(d) Upon receipt of a complaint, the Department shall | ||
determine whether this Act or a rule promulgated under this Act | ||
has been or is being violated. The Department shall investigate | ||
all complaints alleging abuse or neglect within 7 days after | ||
the receipt of the complaint except that complaints of abuse or | ||
neglect which indicate that a resident's life or safety is in | ||
imminent danger shall be investigated within 24 hours after | ||
receipt of the complaint. All other complaints shall be | ||
investigated within 30 days after the receipt of the complaint. | ||
The Department employees investigating a complaint shall | ||
conduct a brief, informal exit conference with the facility to | ||
alert its administration of any suspected serious deficiency | ||
that poses a direct threat to the health, safety or welfare of | ||
a resident to enable an immediate correction for the | ||
alleviation or elimination of such threat. Such information and | ||
findings discussed in the brief exit conference shall become a | ||
part of the investigating record but shall not in any way | ||
constitute an official or final notice of violation as provided | ||
under Section 3-301. All complaints shall be classified as "an |
invalid report", "a valid report", or "an undetermined report". | ||
For any complaint classified as "a valid report", the | ||
Department must determine within 30 working days if any rule or | ||
provision of this Act has been or is being violated. | ||
(d-1) The Department shall, whenever possible, combine an | ||
on site investigation of a complaint in a facility with other | ||
inspections in order to avoid duplication of inspections. | ||
(e) In all cases, the Department shall inform the | ||
complainant of its findings within 10 days of its determination | ||
unless otherwise indicated by the complainant, and the | ||
complainant may direct the Department to send a copy of such | ||
findings to another person. The Department's findings may | ||
include comments or documentation provided by either the | ||
complainant or the licensee pertaining to the complaint. The | ||
Department shall also notify the facility of such findings | ||
within 10 days of the determination, but the name of the | ||
complainant or residents shall not be disclosed in this notice | ||
to the facility. The notice of such findings shall include a | ||
copy of the written determination; the correction order, if | ||
any; the warning notice, if any; the inspection report; or the | ||
State licensure form on which the violation is listed. | ||
(f) A written determination, correction order, or warning | ||
notice concerning a complaint, together with the facility's | ||
response, shall be available for public inspection, but the | ||
name of the complainant or resident shall not be disclosed | ||
without his or her consent. |
(g) A complainant who is dissatisfied with the | ||
determination or investigation by the Department may request a | ||
hearing under Section 3-703. The facility shall be given notice | ||
of any such hearing and may participate in the hearing as a | ||
party. If a facility requests a hearing under Section 3-703 | ||
which concerns a matter covered by a complaint, the complainant | ||
shall be given notice and may participate in the hearing as a | ||
party. A request for a hearing by either a complainant or a | ||
facility shall be submitted in writing to the Department within | ||
30 days after the mailing of the Department's findings as | ||
described in subsection (e) of this Section. Upon receipt of | ||
the request the Department shall conduct a hearing as provided | ||
under Section 3-703. | ||
(h) Any person who knowingly transmits a false report to | ||
the Department commits the offense of disorderly conduct under | ||
subsection (a)(8) of Section 26-1 of the Criminal Code of 2012 | ||
1961 .
| ||
(Source: P.A. 96-339, eff. 7-1-10 .) | ||
Section 265. The Specialized Mental Health Rehabilitation | ||
Act is amended by changing Section 3-702 as follows: | ||
(210 ILCS 48/3-702)
| ||
Sec. 3-702. Request for investigation of violation. | ||
(a) A person who believes that this Act or a rule | ||
promulgated under this Act may have been violated may request |
an investigation. The request may be submitted to the | ||
Department in writing, by telephone, or by personal visit. An | ||
oral complaint shall be reduced to writing by the Department. | ||
The Department shall request information identifying the | ||
complainant, including the name, address and telephone number, | ||
to help enable appropriate follow up. The Department shall act | ||
on such complaints via on-site visits or other methods deemed | ||
appropriate to handle the complaints with or without such | ||
identifying information, as otherwise provided under this | ||
Section. The complainant shall be informed that compliance with | ||
such request is not required to satisfy the procedures for | ||
filing a complaint under this Act. | ||
(b) The substance of the complaint shall be provided in | ||
writing to the licensee, owner or administrator no earlier than | ||
at the commencement of an on-site inspection of the facility | ||
which takes place pursuant to the complaint. | ||
(c) The Department shall not disclose the name of the | ||
complainant unless the complainant consents in writing to the | ||
disclosure or the investigation results in a judicial | ||
proceeding, or unless disclosure is essential to the | ||
investigation. The complainant shall be given the opportunity | ||
to withdraw the complaint before disclosure. Upon the request | ||
of the complainant, the Department may permit the complainant | ||
or a representative of the complainant to accompany the person | ||
making the on-site inspection of the facility. | ||
(d) Upon receipt of a complaint, the Department shall |
determine whether this Act or a rule promulgated under this Act | ||
has been or is being violated. The Department shall investigate | ||
all complaints alleging abuse or neglect within 7 days after | ||
the receipt of the complaint except that complaints of abuse or | ||
neglect which indicate that a resident's life or safety is in | ||
imminent danger shall be investigated within 24 hours after | ||
receipt of the complaint. All other complaints shall be | ||
investigated within 30 days after the receipt of the complaint. | ||
The Department employees investigating a complaint shall | ||
conduct a brief, informal exit conference with the facility to | ||
alert its administration of any suspected serious deficiency | ||
that poses a direct threat to the health, safety or welfare of | ||
a resident to enable an immediate correction for the | ||
alleviation or elimination of such threat. Such information and | ||
findings discussed in the brief exit conference shall become a | ||
part of the investigating record but shall not in any way | ||
constitute an official or final notice of violation as provided | ||
under Section 3-301. All complaints shall be classified as "an | ||
invalid report", "a valid report", or "an undetermined report". | ||
For any complaint classified as "a valid report", the | ||
Department must determine within 30 working days if any rule or | ||
provision of this Act has been or is being violated. | ||
(d-1) The Department shall, whenever possible, combine an | ||
on-site investigation of a complaint in a facility with other | ||
inspections in order to avoid duplication of inspections. | ||
(e) In all cases, the Department shall inform the |
complainant of its findings within 10 days of its determination | ||
unless otherwise indicated by the complainant, and the | ||
complainant may direct the Department to send a copy of such | ||
findings to another person. The Department's findings may | ||
include comments or documentation provided by either the | ||
complainant or the licensee pertaining to the complaint. The | ||
Department shall also notify the facility of such findings | ||
within 10 days of the determination, but the name of the | ||
complainant or residents shall not be disclosed in this notice | ||
to the facility. The notice of such findings shall include a | ||
copy of the written determination; the correction order, if | ||
any; the warning notice, if any; the inspection report; or the | ||
State licensure form on which the violation is listed. | ||
(f) A written determination, correction order, or warning | ||
notice concerning a complaint, together with the facility's | ||
response, shall be available for public inspection, but the | ||
name of the complainant or resident shall not be disclosed | ||
without his or her consent. | ||
(g) A complainant who is dissatisfied with the | ||
determination or investigation by the Department may request a | ||
hearing under Section 3-703. The facility shall be given notice | ||
of any such hearing and may participate in the hearing as a | ||
party. If a facility requests a hearing under Section 3-703 | ||
which concerns a matter covered by a complaint, the complainant | ||
shall be given notice and may participate in the hearing as a | ||
party. A request for a hearing by either a complainant or a |
facility shall be submitted in writing to the Department within | ||
30 days after the mailing of the Department's findings as | ||
described in subsection (e) of this Section. Upon receipt of | ||
the request, the Department shall conduct a hearing as provided | ||
under Section 3-703. | ||
(h) Any person who knowingly transmits a false report to | ||
the Department commits the offense of disorderly conduct under | ||
subsection (a)(8) of Section 26-1 of the Criminal Code of 2012 | ||
1961 .
| ||
(Source: P.A. 97-38, eff. 6-28-11.) | ||
Section 270. The Emergency Medical Services (EMS) Systems | ||
Act is amended by changing Section 3.133 as follows: | ||
(210 ILCS 50/3.133) | ||
Sec. 3.133. Suspension of license for failure to pay | ||
restitution. The Department, without further process or | ||
hearing, shall suspend the license or other authorization to | ||
practice of any person issued under this Act who has been | ||
certified by court order as not having paid restitution to a | ||
person under Section 8A-3.5 of the Illinois Public Aid Code or | ||
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 . A person whose license or other | ||
authorization to practice is suspended under this Section is | ||
prohibited from practicing until the restitution is made in | ||
full.
|
(Source: P.A. 94-577, eff. 1-1-06.) | ||
Section 275. The Illinois Insurance Code is amended by | ||
changing Sections 356e and 367 as follows:
| ||
(215 ILCS 5/356e) (from Ch. 73, par. 968e)
| ||
Sec. 356e. Victims of certain offenses.
| ||
(1) No policy of accident and health insurance, which | ||
provides
benefits for hospital or medical expenses based upon | ||
the actual expenses
incurred, delivered or issued for delivery | ||
to any person in this State
shall contain any specific | ||
exception to coverage which would preclude
the payment under | ||
that policy of actual expenses incurred in the
examination and | ||
testing of a victim of an offense defined in Sections
11-1.20 | ||
through 11-1.60 or 12-13 through 12-16 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 , as now or hereafter amended,
| ||
or an attempt to commit such offense to
establish that sexual | ||
contact did occur or did not occur, and to
establish the | ||
presence or absence of sexually transmitted
disease or | ||
infection, and
examination and treatment of injuries and trauma | ||
sustained by a victim
of such offense arising
out of the | ||
offense.
Every policy of accident
and health insurance which | ||
specifically provides benefits for routine physical
| ||
examinations shall provide full coverage for expenses incurred | ||
in the
examination
and testing of a victim of an offense | ||
defined in Sections 11-1.20 through 11-1.60 or 12-13 through
|
12-16 of the Criminal Code of 1961 or the Criminal Code of | ||
2012 , as now or hereafter amended, or an attempt
to commit such | ||
offense
as set forth in this Section.
This Section shall not | ||
apply to a policy which covers hospital and
medical expenses | ||
for specified illnesses or injuries only.
| ||
(2) For purposes of enabling the recovery of State funds, | ||
any insurance
carrier subject to this Section shall upon | ||
reasonable demand by the Department
of Public Health disclose | ||
the names and identities of its insureds entitled
to benefits | ||
under this provision to the Department of Public Health | ||
whenever
the Department of Public Health has determined that it | ||
has paid, or is about
to pay, hospital or medical expenses for | ||
which an insurance carrier is liable
under this Section. All | ||
information received by the Department of Public
Health under | ||
this provision shall be held on a confidential basis and shall
| ||
not be subject to subpoena and shall not be made public by the | ||
Department
of Public Health or used for any purpose other than | ||
that authorized by this
Section.
| ||
(3) Whenever the Department of Public Health finds that it | ||
has paid all
or part of any hospital or medical expenses which | ||
an insurance carrier is
obligated to pay under this Section, | ||
the Department of Public Health shall
be entitled to receive | ||
reimbursement for its payments from such insurance
carrier | ||
provided that the Department of Public Health has notified the
| ||
insurance
carrier of its claims before the carrier has paid | ||
such benefits to its insureds
or in behalf of its insureds.
|
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
(215 ILCS 5/367) (from Ch. 73, par. 979)
| ||
Sec. 367. Group accident and health insurance.
| ||
(1) Group accident and health insurance is hereby declared | ||
to be that
form of accident and health insurance covering not | ||
less than 2
employees,
members, or employees of members, | ||
written under a
master policy issued to any governmental | ||
corporation, unit, agency or
department thereof, or to any | ||
corporation, copartnership, individual
employer, or to any | ||
association upon application of an executive officer or
trustee | ||
of such association having a constitution or bylaws and formed | ||
in
good faith for purposes other than that of obtaining | ||
insurance, where
officers, members, employees, employees of | ||
members or classes or department
thereof, may be insured for | ||
their individual benefit. In addition a group
accident and | ||
health policy may be written to insure any group which may be
| ||
insured under a group life insurance policy. The term | ||
"employees" shall
include the officers, managers and employees | ||
of subsidiary or affiliated
corporations, and the individual | ||
proprietors, partners and employees of
affiliated individuals | ||
and firms, when the business of such subsidiary or
affiliated | ||
corporations, firms or individuals, is controlled by a common
| ||
employer through stock ownership, contract or otherwise.
| ||
(2) Any insurance company authorized to write accident and | ||
health
insurance in this State shall have power to issue group |
accident and
health policies. No policy of group accident and | ||
health insurance may
be issued or delivered in this State | ||
unless a copy of the form thereof
shall have been filed with | ||
the department and approved by it in
accordance with Section | ||
355, and it contains in substance those
provisions contained in | ||
Sections 357.1 through 357.30 as may be applicable
to group | ||
accident and health insurance and the following provisions:
| ||
(a) A provision that the policy, the application of the | ||
employer, or
executive officer or trustee of any | ||
association, and the individual
applications, if any, of | ||
the employees, members or employees of members
insured | ||
shall constitute the entire contract between the parties, | ||
and
that all statements made by the employer, or the | ||
executive officer or
trustee, or by the individual | ||
employees, members or employees of members
shall (in the | ||
absence of fraud) be deemed representations and not
| ||
warranties, and that no such statement shall be used in | ||
defense to a
claim under the policy, unless it is contained | ||
in a written application.
| ||
(b) A provision that the insurer will issue to the | ||
employer, or to
the executive officer or trustee of the | ||
association, for delivery to the
employee, member or | ||
employee of a member, who is insured under such
policy, an | ||
individual certificate setting forth a statement as to the
| ||
insurance protection to which he is entitled and to whom | ||
payable.
|
(c) A provision that to the group or class thereof | ||
originally
insured shall be added from time to time all new | ||
employees of the
employer, members of the association or | ||
employees of members eligible to
and applying for insurance | ||
in such group or class.
| ||
(3) Anything in this code to the contrary notwithstanding, | ||
any group
accident and health policy may provide that all or | ||
any portion of any
indemnities provided by any such policy on | ||
account of hospital, nursing,
medical or surgical services, | ||
may, at the insurer's option, be paid
directly to the hospital | ||
or person rendering such services; but the
policy may not | ||
require that the service be rendered by a particular
hospital | ||
or person. Payment so made shall discharge the insurer's
| ||
obligation with respect to the amount of insurance so paid. | ||
Nothing in this
subsection (3) shall prohibit an insurer from | ||
providing incentives for
insureds to utilize the services of a | ||
particular hospital or person.
| ||
(4) Special group policies may be issued to school | ||
districts
providing medical or hospital service, or both, for | ||
pupils of the
district injured while participating in any | ||
athletic activity under the
jurisdiction of or sponsored or | ||
controlled by the district or the
authorities of any school | ||
thereof. The provisions of this Section
governing the issuance | ||
of group accident and health insurance shall,
insofar as | ||
applicable, control the issuance of such policies issued to
| ||
schools.
|
(5) No policy of group accident and health insurance may be | ||
issued
or delivered in this State unless it provides that upon | ||
the death of the
insured employee or group member the | ||
dependents' coverage, if any,
continues for a period of at | ||
least 90 days subject to any other policy
provisions relating | ||
to termination of dependents' coverage.
| ||
(6) No group hospital policy covering miscellaneous | ||
hospital
expenses issued or delivered in this State shall | ||
contain any exception
or exclusion from coverage which would | ||
preclude the payment of expenses
incurred for the processing | ||
and administration of blood and its
components.
| ||
(7) No policy of group accident and health insurance, | ||
delivered in
this State more than 120 days after the effective | ||
day of the Section,
which provides inpatient hospital coverage | ||
for sicknesses shall exclude
from such coverage the treatment | ||
of alcoholism. This subsection shall
not apply to a policy | ||
which covers only specified sicknesses.
| ||
(8) No policy of group accident and health insurance, which
| ||
provides benefits for hospital or medical expenses based upon | ||
the actual
expenses incurred, issued or delivered in this State | ||
shall contain any
specific exception to coverage which would | ||
preclude the payment of
actual expenses incurred in the | ||
examination and testing of a victim of
an offense defined in | ||
Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the | ||
Criminal Code
of 1961 or the Criminal Code of 2012 , or an | ||
attempt to commit such offense,
to establish that sexual |
contact did occur or did not occur, and to
establish the | ||
presence or absence of sexually transmitted
disease or | ||
infection, and
examination and treatment of injuries and trauma | ||
sustained by the victim of
such offense, arising out of the | ||
offense. Every group policy of accident
and health insurance | ||
which specifically provides benefits for routine
physical | ||
examinations shall provide full coverage for expenses incurred | ||
in
the examination and testing of a victim of an offense | ||
defined in Sections
11-1.20 through 11-1.60 or 12-13 through | ||
12-16 of the Criminal Code of 1961 or the Criminal Code of | ||
2012 , or an attempt to commit such
offense, as set forth in | ||
this
Section. This subsection shall not apply to a policy which | ||
covers hospital
and medical expenses for specified illnesses | ||
and injuries only.
| ||
(9) For purposes of enabling the recovery of State funds, | ||
any insurance
carrier subject to this Section shall upon | ||
reasonable demand by the Department
of Public Health disclose | ||
the names and identities of its insureds entitled
to benefits | ||
under this provision to the Department of Public Health | ||
whenever
the Department of Public Health has determined that it | ||
has paid, or is about
to pay, hospital or medical expenses for | ||
which an insurance carrier is liable
under this Section. All | ||
information received by the Department of Public
Health under | ||
this provision shall be held on a confidential basis and shall
| ||
not be subject to subpoena and shall not be made public by the | ||
Department
of Public Health or used for any purpose other than |
that authorized by this
Section.
| ||
(10) Whenever the Department of Public Health finds that it | ||
has paid all
or part of any hospital or medical expenses which | ||
an insurance carrier is
obligated to pay under this Section, | ||
the Department of Public Health shall
be entitled to receive | ||
reimbursement for its payments from such insurance
carrier | ||
provided that the Department of Public Health has notified the
| ||
insurance carrier of its claim before the carrier has paid the | ||
benefits to
its insureds or the insureds' assignees.
| ||
(11) (a) No group hospital, medical or surgical expense
| ||
policy shall contain any provision whereby benefits | ||
otherwise payable
thereunder are subject to reduction | ||
solely on account of the existence
of similar benefits | ||
provided under other group or group-type accident
and | ||
sickness insurance policies where such reduction would | ||
operate to
reduce total benefits payable under these | ||
policies below an amount equal
to 100% of total allowable | ||
expenses provided under these policies.
| ||
(b) When dependents of insureds are covered under 2 | ||
policies, both
of which contain coordination of benefits | ||
provisions, benefits of the
policy of the insured whose | ||
birthday falls earlier in the year are
determined before | ||
those of the policy of the insured whose birthday falls
| ||
later in the year. Birthday, as used herein, refers only to | ||
the month and
day in a calendar year, not the year in which | ||
the person was born. The
Department of Insurance shall |
promulgate rules defining the order of
benefit | ||
determination pursuant to this paragraph (b).
| ||
(12) Every group policy under this Section shall be subject | ||
to the
provisions of Sections 356g and 356n of this Code.
| ||
(13) No accident and health insurer providing coverage for | ||
hospital
or medical expenses on an expense incurred basis shall | ||
deny
reimbursement for an otherwise covered expense incurred | ||
for any organ
transplantation procedure solely on the basis | ||
that such procedure is deemed
experimental or investigational | ||
unless supported by the determination of
the Office of Health | ||
Care Technology Assessment within the Agency for
Health Care | ||
Policy and Research within the federal Department of Health and
| ||
Human Services that such procedure is either experimental or | ||
investigational or
that there is insufficient data or | ||
experience to determine whether an organ
transplantation | ||
procedure is clinically acceptable. If an accident and
health | ||
insurer has made written request, or had one made on its behalf | ||
by a
national organization, for determination by the Office of | ||
Health Care
Technology Assessment within the Agency for Health | ||
Care Policy and Research
within the federal Department of | ||
Health and Human Services as to whether a
specific organ | ||
transplantation procedure is clinically acceptable and said
| ||
organization fails to respond to such a request within a period | ||
of 90 days,
the failure to act may be deemed a determination | ||
that the procedure is
deemed to be experimental or | ||
investigational.
|
(14) Whenever a claim for benefits by an insured under a | ||
dental
prepayment program is denied or reduced, based on the | ||
review of x-ray
films, such review must be performed by a | ||
dentist.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
Section 280. The Health Maintenance Organization Act is | ||
amended by changing Section 4-4 as follows:
| ||
(215 ILCS 125/4-4) (from Ch. 111 1/2, par. 1408.4)
| ||
Sec. 4-4. Sexual assault or abuse victims; coverage of | ||
expenses;
recovery of State funds; reimbursement of Department | ||
of Public Health. | ||
(1) Contracts or evidences of coverage issued by a health | ||
maintenance
organization, which provide benefits for health | ||
care services, shall to the
full extent of coverage provided | ||
for any other emergency or accident care,
provide for the | ||
payment of actual expenses incurred, without offset or
| ||
reduction for benefit deductibles or co-insurance amounts, in | ||
the examination
and testing of a victim of an offense defined | ||
in Sections 11-1.20 through 11-1.60 or 12-13 through 12-16
of | ||
the Criminal Code of 1961 or the Criminal Code of 2012 , as now | ||
or hereafter amended, or an attempt to
commit such offense, to | ||
establish that sexual contact did occur or did not
occur, and | ||
to establish the presence or absence of sexually transmitted | ||
disease
or infection, and examination and treatment of injuries |
and trauma sustained by
a victim of such offense.
| ||
(2) For purposes of enabling the recovery of State funds, | ||
any health
maintenance organization subject to this Section | ||
shall upon reasonable demand
by the Department of Public Health | ||
disclose the names and identities of its
enrollees entitled to | ||
benefits under this provision to the Department of Public
| ||
Health whenever the Department of Public Health has determined | ||
that it has
paid, or is about to pay for, health care services | ||
for which a health
maintenance organization is liable under | ||
this Section. All information
received by the Department of | ||
Public Health under this provision shall be held
on a | ||
confidential basis and shall not be subject to subpoena and | ||
shall not be
made public by the Department of Public Health or | ||
used for any
purpose other than that authorized by this | ||
Section.
| ||
(3) Whenever the Department of Public Health finds that it | ||
has paid
for all or part of any health care services for which | ||
a health maintenance
organization is obligated to pay under | ||
this Section, the Department of Public
Health shall be entitled | ||
to receive reimbursement for its payments from
such | ||
organization provided that the Department of Public Health has | ||
notified
the organization of its claims before the organization | ||
has paid such benefits
to its enrollees or in behalf of its | ||
enrollees.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
|
Section 285. The Voluntary Health Services Plans Act is | ||
amended by changing Section 15.8 as follows:
| ||
(215 ILCS 165/15.8) (from Ch. 32, par. 609.8)
| ||
Sec. 15.8. Sexual assault or abuse victims.
| ||
(1) Policies, contracts or subscription certificates | ||
issued
by a health services plan corporation, which provide | ||
benefits for hospital
or medical expenses based upon the actual | ||
expenses incurred, shall to the
full extent of coverage | ||
provided for any other emergency or accident care,
provide for | ||
the payment of actual expenses incurred, without offset or
| ||
reduction
for benefit deductibles or co-insurance amounts, in | ||
the examination and
testing of a victim of an offense defined | ||
in Sections 11-1.20 through 11-1.60 or 12-13 through 12-16
of | ||
the Criminal Code of 1961 or the Criminal Code of 2012 , as now | ||
or hereafter amended, or attempt to
commit such offense, to | ||
establish
that sexual contact did occur or did not occur, and | ||
to establish the presence
or absence of sexually transmitted | ||
disease or infection, and
examination and treatment
of injuries | ||
and trauma sustained by a victim of such offense.
| ||
(2) For purposes of enabling the recovery of State Funds, | ||
any health
services
plan corporation subject to this Section | ||
shall upon reasonable demand
by the Department of Public Health | ||
disclose the names and identities of
its insureds or | ||
subscribers entitled to benefits under this provision to
the | ||
Department of Public Health whenever the Department of Public |
Health
has determined that it has paid, or is about to pay, | ||
hospital or medical
expenses for which a health care service | ||
corporation is liable under this
Section. All information | ||
received by the Department of Public Health under
this | ||
provision shall be held on a confidential basis and shall not | ||
be subject
to subpoena and shall not be made public by the | ||
Department of Public Health
or used for any purpose other than | ||
that authorized by this Section.
| ||
(3) Whenever the Department of Public Health finds that it | ||
has paid all
or part of any hospital or medical expenses which | ||
a health services plan
corporation is obligated to pay under | ||
this Section, the Department of Public
Health shall be entitled | ||
to receive reimbursement for its payments from
such corporation | ||
provided that the Department of Public Health has notified
the | ||
corporation of its claims before the corporation has paid such | ||
benefits
to its subscribers or in behalf of its subscribers.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
Section 290. The Public Utilities Act is amended by | ||
changing Sections 2-202, 4-201, 18-106, and 22-501 as follows:
| ||
(220 ILCS 5/2-202) (from Ch. 111 2/3, par. 2-202)
| ||
Sec. 2-202. Policy; Public Utility Fund; tax.
| ||
(a) It is declared to be the public policy of this State | ||
that
in order to maintain and foster the effective regulation | ||
of public
utilities under this Act in the interests of the |
People of the State of
Illinois and the public utilities as | ||
well, the public utilities subject
to regulation under this Act | ||
and which enjoy the privilege of operating
as public utilities | ||
in this State, shall bear the expense of
administering this Act | ||
by means of a tax on such privilege measured by the
annual | ||
gross revenue of such public utilities in the manner provided | ||
in
this Section. For purposes of this Section, "expense of
| ||
administering this Act" includes any costs incident to studies, | ||
whether
made by the Commission or under contract entered into | ||
by the Commission,
concerning environmental pollution problems | ||
caused or contributed to by
public utilities and the means for | ||
eliminating or abating those
problems. Such proceeds shall be | ||
deposited in the Public Utility Fund in
the State treasury.
| ||
(b) All of the ordinary and contingent expenses of the
| ||
Commission incident to the administration of this Act shall be | ||
paid out
of the Public Utility Fund except the compensation of | ||
the members of the
Commission which shall be paid from the | ||
General Revenue Fund.
Notwithstanding other provisions of this | ||
Act to the contrary, the
ordinary and contingent expenses of | ||
the Commission incident to the
administration of the Illinois | ||
Commercial Transportation Law may be paid
from appropriations | ||
from the Public Utility Fund through the end of fiscal
year | ||
1986.
| ||
(c) A tax is imposed upon each public utility subject to | ||
the
provisions of this Act equal to .08% of its gross revenue | ||
for each
calendar year commencing with the calendar year |
beginning January 1, 1982,
except that the Commission may, by | ||
rule, establish a different rate no
greater than 0.1%.
For | ||
purposes of this Section, "gross revenue" shall not include
| ||
revenue from the production, transmission, distribution, sale,
| ||
delivery, or furnishing of electricity.
"Gross revenue" shall | ||
not include amounts paid by telecommunications retailers
under | ||
the Telecommunications Infrastructure Maintenance Fee Act.
| ||
(d) Annual gross revenue returns shall be filed in | ||
accordance with
paragraph (1) or (2) of this subsection (d).
| ||
(1) Except as provided in paragraph (2) of this | ||
subsection (d), on
or before January 10 of each year each | ||
public utility
subject to the provisions of this Act shall | ||
file with the Commission an
estimated annual gross revenue | ||
return containing an estimate of the amount
of its gross | ||
revenue for the calendar year commencing January 1 of said
| ||
year and a statement of the amount of tax due for said | ||
calendar year on the
basis of that estimate. Public | ||
utilities may also file revised returns
containing updated | ||
estimates and updated amounts of tax due during the
| ||
calendar year. These revised returns, if filed, shall form | ||
the basis for
quarterly payments due during the remainder | ||
of the calendar year. In
addition, on or before March 31 of | ||
each year, each public
utility shall
file an amended return | ||
showing the actual amount of gross revenues shown by
the | ||
company's books and records as of December 31 of the | ||
previous year.
Forms and instructions for such estimated, |
revised, and amended returns
shall be devised and supplied | ||
by the Commission.
| ||
(2) Beginning with returns due after January 1, 2002, | ||
the
requirements of paragraph (1) of
this subsection (d) | ||
shall not apply to any public utility in any calendar year
| ||
for which the total tax the public utility owes under this | ||
Section is less than
$10,000. For such public utilities | ||
with respect to such years,
the public
utility shall file | ||
with the Commission, on or before March 31
of the
following | ||
year, an annual gross revenue return for the year and a | ||
statement of
the amount of tax due for that year on the | ||
basis of such a return. Forms and
instructions for such | ||
returns and corrected returns shall be devised and
supplied | ||
by the Commission.
| ||
(e) All returns submitted to the Commission by a public | ||
utility as
provided in this subsection (e) or subsection (d) of | ||
this Section shall contain
or be verified by a written | ||
declaration by an appropriate officer of the public
utility | ||
that the return is made under the penalties of perjury. The | ||
Commission
may audit each such return submitted and may, under | ||
the provisions of Section
5-101 of this Act, take such measures | ||
as are necessary to ascertain the
correctness of the returns | ||
submitted. The Commission has the power to direct
the filing of | ||
a corrected return by any utility which has filed an incorrect
| ||
return and to direct the filing of a return by any utility | ||
which has failed to
submit a return. A taxpayer's signing a |
fraudulent return under this Section
is perjury, as defined in | ||
Section 32-2 of the Criminal Code of 2012 1961 .
| ||
(f) (1) For all public utilities subject to paragraph (1) | ||
of
subsection (d), at least one quarter of the annual amount of | ||
tax due
under subsection (c) shall be paid to the Commission on | ||
or before the tenth day
of January, April, July, and October of | ||
the calendar year subject to tax. In
the event that an | ||
adjustment in the amount of tax due should be necessary as a
| ||
result of the filing of an amended or corrected return under | ||
subsection (d) or
subsection (e) of this Section, the amount of | ||
any deficiency shall be paid by
the public utility together | ||
with the amended or corrected return and the amount
of any | ||
excess shall, after the filing of a claim for credit by the | ||
public
utility, be returned to the public utility in the form | ||
of a credit memorandum
in the amount of such excess or be | ||
refunded to the public utility in accordance
with the | ||
provisions of subsection (k) of this Section. However, if such
| ||
deficiency or excess is less than $1, then the public utility | ||
need not pay the
deficiency and may not claim a credit.
| ||
(2) Any public utility subject to paragraph (2) of | ||
subsection (d)
shall pay the amount of tax due under subsection | ||
(c) on or before March
31 next following the end of the | ||
calendar year subject to tax. In the
event that an adjustment | ||
in the amount of tax due should be necessary as a
result of the | ||
filing of a corrected return under subsection (e), the amount
| ||
of any deficiency shall be paid by the public utility at the |
time the
corrected return is filed. Any excess tax payment by | ||
the public utility shall
be returned to it after the filing of | ||
a claim for credit, in the form of a
credit memorandum in the | ||
amount of the excess. However, if such deficiency or
excess is | ||
less than $1, the public utility need not pay the deficiency | ||
and may
not claim a credit.
| ||
(g) Each installment or required payment of the tax imposed | ||
by
subsection (c) becomes delinquent at midnight of the date | ||
that it is due.
Failure to make a payment as required by this | ||
Section shall result in the
imposition of a late payment | ||
penalty, an underestimation penalty, or both,
as provided by | ||
this subsection. The late payment penalty shall be the
greater | ||
of:
| ||
(1) $25 for each month or portion of a month that the | ||
installment or
required payment is unpaid or
| ||
(2) an amount equal to the difference between what | ||
should have been paid
on the due date, based upon the most | ||
recently filed estimated, annual, or
amended return, and | ||
what was
actually paid, times 1%, for each month or portion | ||
of a
month that
the installment or required payment goes | ||
unpaid. This penalty may be
assessed as soon as the | ||
installment or required payment becomes delinquent.
| ||
The underestimation penalty shall apply to those public | ||
utilities
subject to paragraph (1) of subsection (d) and shall | ||
be calculated after
the filing of the amended return. It shall | ||
be imposed if the amount actually
paid on any of the dates |
specified in subsection (f) is not equal to at least
one-fourth | ||
of the amount actually due for the year, and shall equal the | ||
greater
of:
| ||
(1) $25 for each month or portion of a month that the | ||
amount due is unpaid
or
| ||
(2) an amount equal to the difference between what | ||
should have been
paid, based on the amended return, and | ||
what was actually paid as of the
date specified in | ||
subsection (f), times a percentage equal to 1/12 of the
sum | ||
of 10% and the percentage most recently established by the | ||
Commission
for interest to be paid on customer deposits | ||
under 83 Ill. Adm. Code
280.70(e)(1), for each month or | ||
portion of a month that the amount due goes
unpaid, except | ||
that no underestimation penalty shall be assessed if the
| ||
amount actually paid on or before each of the dates | ||
specified in subsection
(f) was
based on an estimate of | ||
gross revenues at least equal to the actual gross
revenues | ||
for the previous year. The Commission may enforce the | ||
collection
of any delinquent installment or payment, or | ||
portion thereof by legal
action or in any other manner by | ||
which the collection of debts due the
State of Illinois may | ||
be enforced under the laws of this State. The
executive | ||
director or his designee may excuse the payment of an
| ||
assessed penalty or a portion of an assessed penalty if he | ||
determines that
enforced collection of the penalty as | ||
assessed
would be unjust.
|
(h) All sums collected by the Commission under the | ||
provisions of
this Section shall be paid promptly after the | ||
receipt of the same, accompanied
by a detailed statement | ||
thereof, into the Public Utility Fund in the State
treasury.
| ||
(i) During the month of October of each odd-numbered year | ||
the
Commission shall:
| ||
(1) determine the amount of all moneys deposited in the | ||
Public Utility
Fund during the preceding fiscal biennium | ||
plus the balance, if any, in that
fund at the beginning of | ||
that biennium;
| ||
(2) determine the sum total of the following items: (A) | ||
all moneys
expended or obligated against appropriations | ||
made from the Public Utility
Fund during the preceding | ||
fiscal biennium, plus (B) the sum of the credit
memoranda | ||
then outstanding against the Public Utility Fund, if any; | ||
and
| ||
(3) determine the amount, if any, by which the sum | ||
determined as
provided in item (1) exceeds the amount | ||
determined as provided in item (2).
| ||
If the amount determined as provided in item (3) of this | ||
subsection exceeds
50% of the previous fiscal year's | ||
appropriation level, the Commission shall then compute the
| ||
proportionate amount, if
any, which (x) the tax paid hereunder | ||
by each utility during the preceding
biennium, and (y) the | ||
amount paid into the Public Utility Fund during the
preceding | ||
biennium by the Department of Revenue pursuant to Sections 2-9 |
and
2-11
of the Electricity Excise Tax Law, bears to the | ||
difference between the amount
determined as
provided in item | ||
(3) of this subsection (i) and 50% of the previous fiscal | ||
year's appropriation level.
The
Commission
shall cause the | ||
proportionate amount determined with respect to payments
made | ||
under the Electricity Excise Tax Law to be transferred into the | ||
General
Revenue Fund in the State Treasury, and notify each
| ||
public utility that it may file during the 3 month period after | ||
the date of
notification a claim for credit for the | ||
proportionate amount
determined with respect to payments made | ||
hereunder by the public utility.
If the
proportionate amount is | ||
less than $10, no notification will be sent by the
Commission, | ||
and no right to a claim exists as to that amount. Upon the
| ||
filing of a claim for credit within the period provided, the | ||
Commission
shall issue a credit memorandum in such amount to | ||
such public utility. Any
claim for credit filed after the | ||
period provided for in this Section is void.
| ||
(j) Credit memoranda issued pursuant to subsection (f)
and | ||
credit memoranda issued after notification and filing pursuant | ||
to
subsection (i) may be applied for the 2 year period from the | ||
date of issuance,
against the payment of any amount due during | ||
that period under
the tax imposed by subsection (c), or, | ||
subject to reasonable rule of the
Commission including | ||
requirement of notification, may be assigned to any
other | ||
public utility subject to regulation under this Act. Any | ||
application
of credit memoranda after the period provided for |
in this Section is void.
| ||
(k) The chairman or executive director may make refund of | ||
fees, taxes or
other charges whenever he shall determine that | ||
the person or public utility
will not be liable for payment of | ||
such fees, taxes or charges during the
next 24 months and he | ||
determines that the issuance of a credit memorandum
would be | ||
unjust.
| ||
(Source: P.A. 95-1027, eff. 6-1-09 .)
| ||
(220 ILCS 5/4-201) (from Ch. 111 2/3, par. 4-201)
| ||
Sec. 4-201.
It is hereby made the duty of the Commission to | ||
see that the
provisions of the Constitution and statutes of | ||
this State affecting public
utilities, the enforcement of which | ||
is not specifically vested in some
other officer or tribunal, | ||
are enforced and obeyed, and that violations
thereof are | ||
promptly prosecuted and penalties due the State therefor
| ||
recovered and collected, and to this end it may sue in the name | ||
of the
People of the State.
| ||
It shall be the duty of the Commission, at the direction | ||
and discretion
of the Chairman, to assemble and maintain an | ||
electronic trespass
enforcement assistance staff consisting of | ||
experts in computer systems,
electronics and other | ||
professional disciplines to aid public utilities,
businesses, | ||
individuals and law enforcement agencies in detecting and
| ||
preventing electronic trespass violations and enforcing the | ||
provisions of
Sections 17-50, 17-51, and 17-52 Section 16-9 of |
the " Criminal Code of 2012 1961", approved July 28, 1961, as
| ||
amended or any other relevant statute.
| ||
No cause of action shall exist and no liability may be | ||
imposed either
civil or criminal, against the State, the | ||
Chairman of the Commission or any
of its members, or any | ||
employee of the Commission, for any act or omission
by them in | ||
the performance of any power or duty authorized by this | ||
Section,
unless such act or omission was performed in bad faith | ||
and with intent to
injure a particular person.
| ||
(Source: P.A. 84-617.)
| ||
(220 ILCS 5/18-106)
| ||
Sec. 18-106. Grantee instruments.
| ||
(a) If an electric utility to which grantee instruments
| ||
have been issued discontinues providing electric power and
| ||
energy services prior to the maturity date of such grantee
| ||
instruments, such electric utility shall not be entitled to
| ||
receive any payment on such grantee instruments on and after
| ||
the date of such discontinuance.
| ||
(b) Notwithstanding the provisions of subsection (a) of
| ||
this Section, any assignee holding such grantee instruments or
| ||
any holder of transitional funding instruments which are
| ||
secured by such grantee instruments shall nevertheless be
| ||
entitled to recover amounts payable by such grantee under such
| ||
grantee instruments in accordance with their terms as if such
| ||
electric utility had not discontinued the provision of
electric |
power and energy.
| ||
(c) Notwithstanding any other provision of law, the
| ||
issuance of any grantee instruments in accordance with the
| ||
terms and provisions of a transitional funding order shall for
| ||
all purposes be exempt from the application of Section 17-59 or | ||
Article 39 of the Criminal Code
of 2012 or the Criminal Code of | ||
1961 and the Interest Act.
| ||
(Source: P.A. 90-561, eff. 12-16-97.)
| ||
(220 ILCS 5/22-501) | ||
Sec. 22-501. Customer service and privacy protection. All | ||
cable or video providers in this State shall comply with the | ||
following customer service requirements and privacy | ||
protections. The provisions of this Act shall not apply to an | ||
incumbent cable operator prior to January 1, 2008. For purposes | ||
of this paragraph, an incumbent cable operator means a person | ||
or entity that provided cable services in a particular area | ||
under a franchise agreement with a local unit of government | ||
pursuant to Section 11-42-11 of the Illinois
Municipal Code or | ||
Section 5-1095 of the Counties Code on January 1, 2007.
A | ||
master antenna television, satellite master antenna | ||
television, direct broadcast satellite, multipoint | ||
distribution service, and other provider of video programming | ||
shall only be subject to the provisions of this Article to the | ||
extent permitted by federal law. | ||
The following definitions apply to the terms used in this |
Article: | ||
"Basic cable or video service" means any service offering | ||
or tier that
includes the retransmission of local television | ||
broadcast signals. | ||
"Cable or video provider" means any person or entity | ||
providing cable service or video service pursuant to | ||
authorization under (i) the Cable and Video Competition Law of | ||
2007; (ii) Section 11-42-11 of the Illinois Municipal Code; | ||
(iii) Section 5-1095 of the Counties Code; or (iv) a master | ||
antenna television, satellite master antenna television, | ||
direct broadcast satellite, multipoint distribution services, | ||
and other providers of video programming, whatever their | ||
technology. A cable or video provider shall not include a | ||
landlord providing only broadcast video programming to a | ||
single-family home or other residential dwelling consisting of | ||
4
units or less. | ||
"Franchise" has the same meaning as found in 47 U.S.C. | ||
522(9). | ||
"Local unit of government" means a city, village, | ||
incorporated town, or a county. | ||
"Normal business hours" means those hours during which most | ||
similar businesses in the geographic area of the local unit of | ||
government are open to serve customers. In all cases, "normal | ||
business hours" must include some evening hours at least one | ||
night per week or some weekend hours. | ||
"Normal operating conditions" means those service |
conditions that are within the control of cable or video | ||
providers. Those conditions that are not within the control of | ||
cable or video providers include, but are not limited to, | ||
natural disasters, civil disturbances, power outages, | ||
telephone network outages, and severe or unusual weather | ||
conditions. Those conditions that are ordinarily within the | ||
control of cable or video providers include, but are not | ||
limited to, special promotions, pay-per-view events, rate | ||
increases, regular peak or seasonal demand periods, and | ||
maintenance or upgrade of the cable service or video service | ||
network. | ||
"Service interruption" means the loss of picture or sound | ||
on one or more cable service or video service on one or more | ||
cable or video channels. | ||
"Service line drop" means the point of connection between a | ||
premises and the cable or video network that enables the | ||
premises to receive cable service or video service. | ||
(a) General customer service standards: | ||
(1) Cable or video providers shall establish general | ||
standards related to customer service, which shall | ||
include, but not be limited to, installation, | ||
disconnection, service and repair obligations; appointment | ||
hours and employee ID requirements; customer service | ||
telephone numbers and hours; procedures for billing, | ||
charges, deposits, refunds, and credits; procedures for | ||
termination of service; notice of deletion of programming |
service; changes related to transmission of programming; | ||
changes or increases in rates; the use and availability of | ||
parental control or lock-out devices; the use and | ||
availability of an A/B switch if applicable; complaint | ||
procedures and procedures for bill dispute resolution; a | ||
description of the rights and remedies available to | ||
consumers if the cable or video provider does not | ||
materially meet its
customer service standards; and | ||
special services for customers with visual, hearing, or | ||
mobility disabilities. | ||
(2) Cable or video providers' rates for each level of | ||
service, rules, regulations, and policies related to its | ||
cable service or video service described in paragraph (1) | ||
of this subsection (a)
must be made available to the public | ||
and displayed clearly and conspicuously on the cable or | ||
video provider's site on the Internet. If a promotional | ||
price or a price for a specified period of time is offered, | ||
the cable or video provider shall display the price at the | ||
end of the promotional period or specified period of time | ||
clearly and conspicuously with the display of the | ||
promotional price or price for a specified period of time. | ||
The cable or video provider shall provide this information | ||
upon request. | ||
(3) Cable or video providers shall provide notice | ||
concerning their general customer service standards to all | ||
customers. This notice shall be offered when service is |
first activated and annually thereafter. The information | ||
in the notice shall include all of the information | ||
specified in paragraph (1) of this subsection (a), as well | ||
as the following: a listing of services offered by the | ||
cable or video providers, which shall clearly describe | ||
programming for all services and all levels of service; the | ||
rates for all services and levels of service; a telephone | ||
number
through which customers may subscribe to, change, or | ||
terminate service, request customer service, or seek | ||
general or billing information; instructions on the use of | ||
the cable or video services; and a description of rights | ||
and remedies that the cable or video providers shall make | ||
available to their customers if they do not materially meet | ||
the general customer service standards described in this | ||
Act. | ||
(b) General customer service obligations: | ||
(1) Cable or video providers shall render reasonably | ||
efficient service, promptly make repairs, and interrupt | ||
service only as necessary and for good cause, during | ||
periods of minimum use of the system and for no more than | ||
24 hours. | ||
(2) All service representatives or any other person who | ||
contacts customers or potential customers on behalf of the | ||
cable or video provider shall have a visible identification | ||
card with their name and photograph and shall orally | ||
identify themselves upon first contact with the customer. |
Customer service representatives shall orally identify | ||
themselves to callers immediately following the greeting | ||
during each telephone contact with the public. | ||
(3) The cable or video providers shall: (i) maintain a | ||
customer service facility within the boundaries of a local | ||
unit of government staffed by customer service | ||
representatives that have the capacity to accept payment, | ||
adjust bills, and respond to repair, installation, | ||
reconnection, disconnection, or other service calls and | ||
distribute or receive converter boxes, remote control | ||
units, digital stereo units, or other equipment related to | ||
the provision of cable or video service; (ii) provide | ||
customers with bill payment facilities through retail, | ||
financial, or other commercial institutions located within | ||
the boundaries of a local unit of government; (iii) provide | ||
an address, toll-free telephone number or electronic | ||
address to accept bill payments and correspondence and | ||
provide secure collection boxes for the receipt of bill | ||
payments and the return of equipment, provided that if a | ||
cable or video provider provides secure collection boxes, | ||
it shall provide a printed receipt when items are | ||
deposited; or (iv) provide an address, toll-free telephone | ||
number, or electronic address to accept bill payments and | ||
correspondence and provide a method for customers to return | ||
equipment to the cable or video provider at no cost to the | ||
customer. |
(4) In each contact with a customer, the service | ||
representatives or any other person who contacts customers | ||
or potential customers on behalf of the cable or video | ||
provider shall state the estimated cost of the service, | ||
repair, or installation orally prior to delivery of the | ||
service or before any work is performed, shall provide the | ||
customer with an oral statement of the total charges before | ||
terminating the telephone call or other contact in which a | ||
service is ordered, whether in-person or over the Internet, | ||
and shall provide a written statement of the total charges | ||
before leaving the location at which the work was | ||
performed. In the event that the cost of service is a | ||
promotional price or is for a limited period of time, the | ||
cost of service at the end of the promotion or limited | ||
period of time shall be disclosed. | ||
(5) Cable or video providers shall provide customers a | ||
minimum of 30 days' written notice before increasing rates | ||
or eliminating transmission of programming and shall | ||
submit the notice to the local unit of government in | ||
advance of distribution to customers, provided that the | ||
cable or video provider is not in violation of this | ||
provision if the elimination of transmission of | ||
programming was outside the control of the provider, in | ||
which case the provider shall use reasonable efforts to | ||
provide as much notice as possible, and any rate decrease | ||
related to the elimination of transmission of programming |
shall be applied to the date of the change. | ||
(6) Cable or video providers shall provide clear visual | ||
and audio reception that meets or exceeds applicable | ||
Federal Communications Commission technical standards. If | ||
a customer experiences poor video or audio reception due to | ||
the equipment of the cable or video provider, the cable or | ||
video provider shall promptly repair the problem at its own | ||
expense. | ||
(c) Bills, payment, and termination: | ||
(1) Cable or video providers shall render monthly bills | ||
that are clear, accurate, and understandable. | ||
(2) Every residential customer who pays bills directly | ||
to the cable or video provider shall have at least 28 days | ||
from the date of the bill to pay the listed charges. | ||
(3) Customer payments shall be posted promptly. When | ||
the payment is sent by United States mail, payment is | ||
considered paid on the date it is postmarked. | ||
(4) Cable or video providers may not terminate | ||
residential service for nonpayment of a bill unless the | ||
cable or video provider furnishes notice of the delinquency | ||
and impending termination at least 21 days prior to the | ||
proposed termination. Notice of proposed termination shall | ||
be mailed, postage prepaid, to the customer to whom service | ||
is billed. Notice of proposed termination shall not be | ||
mailed until the 29th day after the date of the bill for | ||
services. Notice of delinquency and impending termination |
may be part of a billing statement only if the notice is | ||
presented in a different color than the bill and is | ||
designed to be conspicuous. The cable or video providers | ||
may not assess a late fee prior to the 29th day after the | ||
date of the bill for service. | ||
(5) Every notice of impending termination shall | ||
include all of the following: the name and address of | ||
customer; the amount of the delinquency; the date on which | ||
payment is required to avoid termination; and the telephone | ||
number of the cable or video provider's service | ||
representative to make payment arrangements and to provide | ||
additional information about the charges for failure to | ||
return equipment and for reconnection, if any. No customer | ||
may be charged a fee for termination or disconnection of | ||
service, irrespective of whether the customer initiated | ||
termination or disconnection or the cable or video provider | ||
initiated termination or disconnection. | ||
(6) Service may only be terminated on days when the | ||
customer is able to reach a service representative of the | ||
cable or video providers, either in person or by telephone. | ||
(7) Any service terminated by a cable or video provider | ||
without good cause shall be restored without any | ||
reconnection fee, charge, or penalty; good cause for | ||
termination includes, but is not limited to, failure to pay | ||
a bill by the date specified in the notice of impending | ||
termination, payment by check for which there are |
insufficient funds, theft of service, abuse of equipment or | ||
personnel, or other similar subscriber actions. | ||
(8) Cable or video providers shall cease charging a | ||
customer for any or all services within one
business day | ||
after it receives a request to immediately terminate | ||
service or on the day requested by the customer if such a | ||
date is at least 5 days from the date requested by the | ||
customer. Nothing in this subsection (c) shall prohibit the | ||
provider from billing for charges that the customer incurs | ||
prior to the date of termination. Cable or video providers | ||
shall issue a credit or a refund or return a deposit within | ||
10 business days after the close of the customer's billing | ||
cycle following the request for termination or the return | ||
of equipment, if any, whichever is later. | ||
(9) The customers or subscribers of a cable or video | ||
provider shall be allowed to disconnect their service at | ||
any time within the first 60 days after subscribing to or | ||
upgrading the service. Within this 60-day period, cable or | ||
video providers shall not charge or impose any fees or | ||
penalties on the customer for disconnecting service, | ||
including, but not limited to, any installation charge or | ||
the imposition of an early termination charge, except the | ||
cable or video provider may impose a charge or fee to | ||
offset any rebates or credits received by the customer and | ||
may impose monthly service or maintenance charges, | ||
including pay-per-view and premium services charges, |
during such 60-day period. | ||
(10) Cable and video providers shall guarantee | ||
customer satisfaction for new or upgraded service and the | ||
customer shall receive a pro-rata credit in an amount equal | ||
to the pro-rata charge for the remaining days of service | ||
being disconnected or replaced upon the customers request | ||
if the customer is dissatisfied with the service and | ||
requests to discontinue the service within the first 60 | ||
days after subscribing to the upgraded service. | ||
(d) Response to customer inquiries: | ||
(1) Cable or video providers will maintain a toll-free | ||
telephone access line that is
available to customers 24 | ||
hours a day, 7
days a week to accept calls regarding | ||
installation, termination, service, and complaints. | ||
Trained, knowledgeable, qualified service representatives | ||
of the cable or video providers will be available to | ||
respond to customer telephone inquiries during normal | ||
business hours. Customer service representatives shall be | ||
able to provide credit, waive fees, schedule appointments, | ||
and change billing cycles. Any difficulties that cannot be | ||
resolved by the customer service representatives shall be | ||
referred to a supervisor who shall make his or her best | ||
efforts to resolve the issue immediately. If the supervisor | ||
does not resolve the issue to the customer's satisfaction, | ||
the customer shall be informed of the cable or video | ||
provider's complaint procedures and procedures for billing |
dispute resolution and given a description of the rights | ||
and remedies available to customers to enforce the terms of | ||
this Article, including the customer's rights to have the | ||
complaint reviewed by the local unit of government, to | ||
request mediation, and to review in a court of competent | ||
jurisdiction. | ||
(2) After normal business hours, the access line may be | ||
answered by a service or an automated response system, | ||
including an answering machine. Inquiries received by | ||
telephone or e-mail after normal business hours shall be | ||
responded to by a trained service representative on the | ||
next business day. The cable or video provider shall | ||
respond to a written billing inquiry within 10 days of | ||
receipt of the inquiry. | ||
(3) Cable or video providers shall provide customers | ||
seeking non-standard installations with a total | ||
installation cost estimate and an estimated date of | ||
completion. The actual charge to the customer shall not | ||
exceed 10% of the estimated cost without the written | ||
consent of the customer. | ||
(4) If the cable or video provider receives notice that | ||
an unsafe condition exists with respect to its equipment, | ||
it shall investigate such condition immediately and shall | ||
take such measures as are necessary to remove or eliminate | ||
the unsafe condition. The cable or video provider shall | ||
inform the local unit of government promptly, but no later |
than 2 hours after it receives notification of an unsafe | ||
condition that it has not remedied. | ||
(5) Under normal operating conditions, telephone | ||
answer time by the cable or video provider's customer | ||
representative, including wait time, shall not exceed 30 | ||
seconds when the connection is made. If the call needs to | ||
be transferred, transfer time shall not exceed 30 seconds. | ||
These standards shall be met no less than 90% of the time | ||
under normal operating conditions, measured on a quarterly | ||
basis. | ||
(6) Under normal operating conditions, the cable or | ||
video provider's customers will receive a busy signal less | ||
than 3% of the time. | ||
(e) Under normal operating conditions, each of the | ||
following standards related to installations, outages, and | ||
service calls will be met no less than 95% of the time measured | ||
on a quarterly basis: | ||
(1) Standard installations will be performed within 7 | ||
business days after an order has been placed. "Standard" | ||
installations are those that are located up to 125 feet | ||
from the existing distribution system. | ||
(2) Excluding conditions beyond the control of the | ||
cable or video providers, the cable or video providers will | ||
begin working on "service interruptions" promptly and in no | ||
event later than 24 hours after the interruption is | ||
reported by the customer or otherwise becomes known to the |
cable or video providers. Cable or video providers must | ||
begin actions to correct other service problems the next | ||
business day after notification of the service problem and | ||
correct the problem within 48 hours after the interruption | ||
is reported by the customer 95% of the time, measured on a | ||
quarterly basis. | ||
(3) The "appointment window" alternatives for | ||
installations, service calls, and other installation | ||
activities will be either a specific time or, at a maximum, | ||
a 4-hour
time block during evening, weekend, and normal | ||
business hours. The cable or video provider may schedule | ||
service calls and other installation activities outside of | ||
these hours for the express convenience of the customer. | ||
(4) Cable or video providers may not cancel an | ||
appointment with a customer after 5:00 p.m. on the business | ||
day prior to the scheduled appointment. If the cable or | ||
video provider's representative is running late for an | ||
appointment with a customer and will not be able to keep | ||
the appointment as scheduled, the customer will be | ||
contacted. The appointment will be rescheduled, as | ||
necessary, at a time that
is convenient for the customer, | ||
even if the rescheduled appointment is not within normal | ||
business hours. | ||
(f) Public benefit obligation: | ||
(1) All cable or video providers offering service | ||
pursuant to the Cable and Video Competition Law of 2007, |
the Illinois Municipal Code, or the Counties Code shall | ||
provide a free service line drop and free basic service to | ||
all current and future public buildings within their | ||
footprint, including, but not limited to, all local unit of | ||
government buildings, public libraries, and public primary | ||
and secondary schools, whether owned or leased by that | ||
local unit of government ("eligible buildings"). Such | ||
service shall be used in a manner consistent with the | ||
government purpose for the eligible building and shall not | ||
be resold. | ||
(2) This obligation only applies to those cable or | ||
video service providers whose cable service or video | ||
service systems pass eligible buildings and its cable or | ||
video service is generally available to residential | ||
subscribers in the same local unit of government in which | ||
the eligible building is located. The burden of providing | ||
such service at each eligible building shall be shared by | ||
all cable and video providers whose systems pass the | ||
eligible buildings in an equitable and competitively | ||
neutral manner, and nothing herein shall require | ||
duplicative installations by more than one cable or video | ||
provider at each eligible building. Cable or video | ||
providers operating in a local unit of government shall | ||
meet as necessary and determine who will provide service to | ||
eligible buildings under this subsection (f). If the cable | ||
or video providers are unable to reach an agreement, they |
shall meet with the local unit of government, which shall | ||
determine which cable or video providers will serve each | ||
eligible building. The local unit of government shall bear | ||
the costs of any inside wiring or video equipment costs not | ||
ordinarily provided as part of the cable or video | ||
provider's basic offering. | ||
(g) After the cable or video providers have offered service | ||
for one year, the cable or video providers shall make an annual | ||
report to the Commission, to the local unit of government, and | ||
to the Attorney General that it is meeting the standards | ||
specified in this Article, identifying the number of complaints | ||
it received over the prior year in the State and specifying the | ||
number of complaints related to each of the following: (1) | ||
billing, charges, refunds, and credits; (2) installation or | ||
termination of service; (3) quality of service and repair; (4) | ||
programming; and (5) miscellaneous complaints that do not fall | ||
within these categories. Thereafter, the cable or video | ||
providers shall also provide, upon request by the local unit of | ||
government where service is offered and to the Attorney | ||
General, an annual public report that includes performance data | ||
described in subdivisions (5) and (6) of subsection (d) and | ||
subdivisions (1) and (2) of subsection (e)
of this Section for | ||
cable services or video services. The performance data shall be | ||
disaggregated for each requesting local unit of government or | ||
local exchange, as that term is defined in Section 13-206 of | ||
this
Act, in which the cable or video providers have customers. |
(h) To the extent consistent with federal law, cable or | ||
video providers shall offer the lowest-cost basic cable or | ||
video service as a stand-alone service to residential customers | ||
at reasonable rates. Cable or video providers shall not require | ||
the subscription to any service other than the lowest-cost | ||
basic service or to any telecommunications or information | ||
service, as a condition of access to cable or video service, | ||
including programming offered on a per channel or per program | ||
basis. Cable or video providers shall not discriminate between | ||
subscribers to the lowest-cost basic service, subscribers to | ||
other cable services or video services, and other subscribers | ||
with regard to the rates charged for cable or video programming | ||
offered on a per channel or per program basis. | ||
(i) To the extent consistent with federal law, cable or | ||
video providers shall ensure that charges for changes in the | ||
subscriber's selection of services or equipment shall be based | ||
on the cost of such change and shall not exceed nominal amounts | ||
when the system's configuration permits changes in service tier | ||
selection to be effected solely by coded entry on a computer | ||
terminal or by other similarly simple method. | ||
(j) To the extent consistent with federal law, cable or | ||
video providers shall have a rate structure for the provision | ||
of cable or video service that is uniform throughout the area | ||
within the boundaries of the local unit of government. This | ||
subsection (j) is not intended to prohibit bulk discounts to | ||
multiple dwelling units or to prohibit reasonable discounts to |
senior citizens or other economically disadvantaged groups. | ||
(k) To the extent consistent with federal law, cable or | ||
video providers shall not charge a subscriber for any service | ||
or equipment that the subscriber has not affirmatively | ||
requested by name. For purposes of this subsection (k), a | ||
subscriber's failure to refuse a cable or video provider's | ||
proposal to provide service or equipment shall not be deemed to | ||
be an affirmative request for such service or equipment. | ||
(l) No contract or service agreement containing an early | ||
termination clause offering residential cable or video | ||
services or any bundle including such services shall be for a | ||
term longer than 2 years. Any contract or service offering with | ||
a term of service that contains an early termination fee shall | ||
limit the early termination fee to not more than the value of | ||
any additional goods or services provided with the cable or | ||
video services, the amount of the discount reflected in the | ||
price for cable services or video services for the period | ||
during which the consumer benefited from the discount, or a | ||
declining fee based on the remainder of the contract term. | ||
(m) Cable or video providers shall not discriminate in the | ||
provision of services for the hearing and visually impaired, | ||
and shall comply with the accessibility requirements of 47 | ||
U.S.C. 613. Cable or video providers shall deliver and pick-up | ||
or provide customers with pre-paid shipping and packaging for | ||
the return of converters and other necessary equipment at the | ||
home of customers with disabilities. Cable or video providers |
shall provide free use of a converter or remote control unit to | ||
mobility impaired customers. | ||
(n)(1) To the extent consistent with federal law, cable or | ||
video providers shall comply with the provisions of 47 U.S.C. | ||
532(h) and (j). The cable or video providers shall not exercise | ||
any editorial control over any video programming provided | ||
pursuant to this Section, or in any other way consider the | ||
content of such programming, except that a cable or video | ||
provider may refuse to transmit any leased access program or | ||
portion of a leased access program that
contains obscenity, | ||
indecency, or nudity and may consider such content to the | ||
minimum extent necessary to establish a reasonable price for | ||
the commercial use of designated channel capacity by an | ||
unaffiliated person. This subsection (n) shall permit cable or | ||
video providers to enforce prospectively a written and | ||
published policy of prohibiting programming that the cable or | ||
video provider reasonably believes describes or depicts sexual | ||
or excretory activities or organs in a patently offensive | ||
manner as measured by contemporary community standards. | ||
(2) Upon customer request, the cable or video provider | ||
shall, without charge, fully scramble or otherwise fully | ||
block the audio and video programming of each channel | ||
carrying such programming so that a person who is not a | ||
subscriber does not receive the channel or programming. | ||
(3) In providing sexually explicit adult programming | ||
or other programming that is indecent on any channel of its |
service primarily dedicated to sexually oriented | ||
programming, the cable or video provider shall fully | ||
scramble or otherwise fully block the video and audio | ||
portion of such channel so that a person who is
not a | ||
subscriber to such channel or programming does not receive | ||
it. | ||
(4) Scramble means to rearrange the content of the | ||
signal of the programming so that the programming cannot be | ||
viewed or heard in an understandable manner. | ||
(o) Cable or video providers will maintain a listing, | ||
specific to the level of street address, of the areas where its | ||
cable or video services are available. Customers who inquire | ||
about purchasing cable or video service shall be informed about | ||
whether the cable or video provider's cable or video services | ||
are currently available to them at their specific location. | ||
(p) Cable or video providers shall not disclose the name, | ||
address, telephone number or other personally identifying | ||
information of a cable service or video service customer to be | ||
used in mailing lists or to be used for other commercial | ||
purposes not reasonably related to the conduct of its business | ||
unless the cable or video provider has provided to the customer | ||
a notice, separately or included in any other customer service | ||
notice, that clearly and conspicuously describes the | ||
customer's ability to prohibit the disclosure. Cable or video | ||
providers shall provide an address and telephone number for a | ||
customer to use without a toll charge to prevent disclosure of |
the customer's name and address in mailing lists or for other | ||
commercial purposes not reasonably related to the conduct of | ||
its business to other businesses or affiliates of the cable or | ||
video provider. Cable or video providers shall comply with the | ||
consumer privacy requirements of Section 26-4.5 of the Criminal | ||
Code of 2012 1961 , the Restricted Call Registry Act, and 47 | ||
U.S.C. 551 that are in effect as of June 30, 2007 (the | ||
effective date of Public Act 95-9)
and as amended thereafter. | ||
(q) Cable or video providers shall implement an informal | ||
process for handling inquiries from local units of government | ||
and customers concerning billing issues, service issues, | ||
privacy concerns, and other consumer complaints. In the event | ||
that an issue is not resolved through this informal process, a | ||
local unit of government or the customer may request nonbinding | ||
mediation with the cable or video provider, with each party to | ||
bear its own costs of such mediation. Selection of the mediator | ||
will be by mutual agreement, and preference will be given to | ||
mediation services that do not charge the consumer for their | ||
services. In the event that the informal process does not | ||
produce a satisfactory result to the customer or the local unit | ||
of government, enforcement may be pursued as provided in | ||
subdivision (4) of subsection (r) of this Section. | ||
(r) The Attorney General and the local unit of government | ||
may enforce all of the customer service and privacy protection | ||
standards of this Section with respect to complaints received | ||
from residents within the local unit of government's |
jurisdiction, but it may not adopt or seek to enforce any | ||
additional or different customer service or performance | ||
standards under any other authority or provision of law. | ||
(1) The local unit of government may, by ordinance, | ||
provide a schedule of penalties for any material breach of | ||
this Section by cable or video providers in addition to the | ||
penalties provided herein. No monetary penalties shall be | ||
assessed for a material breach if it is out of the | ||
reasonable control of the cable or video providers or its | ||
affiliate. Monetary penalties adopted in an ordinance | ||
pursuant to this Section shall apply on a competitively | ||
neutral basis to all providers of cable service or video | ||
service within the local unit of government's | ||
jurisdiction. In
no event shall the penalties imposed under | ||
this subsection (r) exceed $750 for each day of the | ||
material breach, and these penalties shall not exceed | ||
$25,000 for each occurrence of a material breach per | ||
customer. | ||
(2) For purposes of this Section, "material breach" | ||
means any substantial
failure of a cable or video service | ||
provider to comply with service quality and other standards | ||
specified in any provision of this Act. The Attorney | ||
General or the local unit of government shall give the | ||
cable or video provider written notice of any alleged | ||
material breaches of this Act and allow such provider at | ||
least 30 days from receipt of the notice to remedy the |
specified material breach. | ||
(3) A material breach, for the purposes of assessing | ||
penalties, shall be deemed to have occurred for each day | ||
that a material breach has not been remedied by the cable | ||
service or video service provider after the expiration of | ||
the period specified in subdivision (2) of this subsection | ||
(r)
in each local unit of government's jurisdiction, | ||
irrespective of the number of customers affected. | ||
(4) Any customer, the Attorney General, or a local unit | ||
of government may pursue alleged violations of this Act by | ||
the cable or video provider in a court of competent | ||
jurisdiction. A cable or video provider may seek judicial | ||
review of a decision of a local unit of government imposing | ||
penalties in a court of competent jurisdiction. No local | ||
unit of government shall be subject to suit for damages or | ||
other relief based upon its action in connection with its | ||
enforcement or review of any of the terms, conditions, and | ||
rights contained in this Act except a court may require the | ||
return of any penalty it finds was not properly assessed or | ||
imposed. | ||
(s) Cable or video providers shall credit customers for | ||
violations in the amounts stated herein. The credits shall be | ||
applied on the statement issued to the customer for the next | ||
monthly billing cycle following the violation or following the | ||
discovery of the violation. Cable or video providers are | ||
responsible for providing the credits described herein and the |
customer is under no obligation to request the credit. If the | ||
customer is no longer taking service from the cable or video | ||
provider, the credit amount will be refunded to the customer by | ||
check within 30 days of the termination of service. A local | ||
unit of government may, by ordinance, adopt a schedule of | ||
credits payable directly to customers for breach of the | ||
customer service standards and obligations contained in this | ||
Article, provided the schedule of customer credits applies on a | ||
competitively neutral basis to all providers of cable service | ||
or video service in the local unit of government's jurisdiction | ||
and the credits are not greater than the credits provided in | ||
this Section. | ||
(1) Failure to provide notice of customer service | ||
standards upon initiation of service: $25.00. | ||
(2) Failure to install service within 7 days: Waiver of | ||
50% of the installation fee or the monthly fee for the | ||
lowest-cost basic service, whichever is greater. Failure | ||
to install service within 14 days: Waiver of 100% of the | ||
installation fee or the monthly fee for the lowest-cost | ||
basic service, whichever is greater. | ||
(3) Failure to remedy service interruptions or poor | ||
video or audio service quality within 48 hours: Pro-rata | ||
credit of total regular monthly charges equal to the number | ||
of days of the service interruption. | ||
(4) Failure to keep an appointment or to notify the | ||
customer prior to the close of business on the business day |
prior to the scheduled appointment: $25.00. | ||
(5) Violation of privacy protections: $150.00. | ||
(6) Failure to comply with scrambling requirements: | ||
$50.00 per month. | ||
(7) Violation of customer service and billing | ||
standards in subsections (c) and (d) of this Section: | ||
$25.00 per occurrence. | ||
(8) Violation of the bundling rules in subsection
(h) | ||
of this Section: $25.00 per month. | ||
(t) The enforcement powers granted to the Attorney General | ||
in Article XXI of this
Act shall apply to this Article, except | ||
that the Attorney General may not seek penalties for violation | ||
of this Article
other than in the amounts specified herein. | ||
Nothing in this Section shall limit or affect the powers of the | ||
Attorney General to enforce the provisions of Article XXI
of | ||
this
Act or the Consumer Fraud and Deceptive Business Practices | ||
Act. | ||
(u) This Article
applies to all cable and video providers | ||
in the State, including but not limited to those operating | ||
under a local franchise as that term is used in 47 U.S.C. | ||
522(9), those operating under authorization pursuant to | ||
Section 11-42-11 of the Illinois Municipal Code, those | ||
operating under authorization pursuant to Section 5-1095 of the | ||
Counties Code, and those operating under a State-issued | ||
authorization pursuant to Article XXI of this
Act.
| ||
(Source: P.A. 96-927, eff. 6-15-10; 97-1108, eff. 1-1-13.) |
Section 295. The Acupuncture Practice Act is amended by | ||
changing Section 117 as follows: | ||
(225 ILCS 2/117) | ||
(Section scheduled to be repealed on January 1, 2018) | ||
Sec. 117. Suspension of license for failure to pay | ||
restitution. The Department, without further process or | ||
hearing, shall suspend the license or other authorization to | ||
practice of any person issued under this Act who has been | ||
certified by court order as not having paid restitution to a | ||
person under Section 8A-3.5 of the Illinois Public Aid Code or | ||
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 . A person whose license or other | ||
authorization to practice is suspended under this Section is | ||
prohibited from practicing until the restitution is made in | ||
full.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .) | ||
Section 300. The Illinois Athletic Trainers Practice Act is | ||
amended by changing Section 16.5 as follows: | ||
(225 ILCS 5/16.5) | ||
(Section scheduled to be repealed on January 1, 2016) | ||
Sec. 16.5. Suspension of license for failure to pay | ||
restitution. The Department, without further process or |
hearing, shall suspend the license or other authorization to | ||
practice of any person issued under this Act who has been | ||
certified by court order as not having paid restitution to a | ||
person under Section 8A-3.5 of the Illinois Public Aid Code or | ||
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 . A person whose license or other | ||
authorization to practice is suspended under this Section is | ||
prohibited from practicing until the restitution is made in | ||
full.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .) | ||
Section 305. The Child Care Act of 1969 is amended by | ||
changing Sections 4.2 and 14.6 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 or the Criminal Code | ||
of 2012 :
| ||
(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, 11-13, 11-35, | ||
11-40, and 11-45;
| ||
(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 as described in | ||
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
|
(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 as described in Section 12-4.1 or | ||
subdivision (a)(2) of Section 12-3.05;
| ||
(12) aggravated battery with a firearm as described in | ||
Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||
(e)(4) of Section 12-3.05;
| ||
(13) tampering with food, drugs, or cosmetics;
| ||
(14) drug induced infliction of great bodily harm as | ||
described in Section 12-4.7 or subdivision (g)(1) of | ||
Section 12-3.05;
| ||
(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 as described in Section 12-21 or subsection | ||
(b) of Section 12-4.4a;
| ||
(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 criminal 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-1.5) In addition to any other provision of this Section, | ||
for applicants with access to confidential financial | ||
information or who submit documentation to support billing, no | ||
applicant whose initial application was considered after the | ||
effective date of this amendatory Act of the 97th General | ||
Assembly may receive a license from the Department or a child | ||
care facility licensed by the Department who has been convicted | ||
of committing or attempting to commit any of the following | ||
felony offenses: | ||
(1) financial institution fraud under Section 17-10.6 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012 ; | ||
(2) identity theft under Section 16-30 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 ; | ||
(3) financial exploitation of an elderly person or a | ||
person with a disability under Section 17-56 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 ; | ||
(4) computer tampering under Section 17-51 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 ; | ||
(5) aggravated computer tampering under Section 17-52 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012 ; | ||
(6) computer fraud under Section 17-50 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 ; | ||
(7) deceptive practices under Section 17-1 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 ; | ||
(8) forgery under Section 17-3 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 ; |
(9) State benefits fraud under Section 17-6 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 ; | ||
(10) mail fraud and wire fraud under Section 17-24 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012 ; | ||
(11) theft under paragraphs (1.1) through (11) of | ||
subsection (b) of Section 16-1 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012 . | ||
(b-2) Notwithstanding subsection (b-1), the Department may | ||
make an exception and, for child care facilities other than | ||
foster family homes,
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 hiring or licensing the |
applicant is 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 Criminal Code of 2012, 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 criminal 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 | ||
make an exception and 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 | ||
hire or licensure.
| ||
(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.
| ||
(e) In evaluating the exception pursuant to subsections | ||
(b-2) and (d), the Department must carefully review any | ||
relevant documents to determine whether the applicant, despite | ||
the disqualifying convictions, poses a substantial risk to | ||
State resources or clients. In making such a determination, the | ||
following guidelines shall be used: |
(1) the age of the applicant when the offense was | ||
committed; | ||
(2) the circumstances surrounding the offense; | ||
(3) the length of time since the conviction; | ||
(4) the specific duties and responsibilities | ||
necessarily related to the license being applied for and | ||
the bearing, if any, that the applicant's conviction | ||
history may have on his or her fitness to perform these | ||
duties and responsibilities; | ||
(5) the applicant's employment references; | ||
(6) the applicant's character references and any | ||
certificates of achievement; | ||
(7) an academic transcript showing educational | ||
attainment since the disqualifying conviction; | ||
(8) a Certificate of Relief from Disabilities or | ||
Certificate of Good Conduct; and | ||
(9) anything else that speaks to the applicant's | ||
character. | ||
(Source: P.A. 96-1551, Article 1, Section 925, eff. 7-1-11; | ||
96-1551, Article 2, Section 990, eff. 7-1-11; 97-874, eff. | ||
7-31-12; 97-1109, eff. 1-1-13.) | ||
(225 ILCS 10/14.6)
| ||
Sec. 14.6. Agency payment of salaries or other | ||
compensation.
| ||
(a) A licensed child welfare agency may pay salaries or |
other compensation to its officers, employees, agents, | ||
contractors, or any other persons acting on its behalf for | ||
providing adoption services, provided that all of the following | ||
limitations apply: | ||
(1) The fees, wages, salaries, or other compensation of | ||
any description paid to the officers, employees, | ||
contractors, or any other person acting on behalf of a | ||
child welfare agency providing adoption services shall not | ||
be unreasonably high in relation to the services actually | ||
rendered. Every form of compensation shall be taken into | ||
account in determining whether fees, wages, salaries, or | ||
compensation are unreasonably high, including, but not | ||
limited to, salary, bonuses, deferred and non-cash | ||
compensation, retirement funds, medical and liability | ||
insurance, loans, and other benefits such as the use, | ||
purchase, or lease of vehicles, expense accounts, and food, | ||
housing, and clothing allowances. | ||
(2) Any earnings, if applicable, or compensation paid | ||
to the child welfare agency's directors, stockholders, or | ||
members of its governing body shall not be unreasonably | ||
high in relation to the services rendered. | ||
(3) Persons providing adoption services for a child | ||
welfare agency may be compensated only for services | ||
actually rendered and only on a fee-for-service, hourly | ||
wage, or salary basis. | ||
(b) The Department may adopt rules setting forth the |
criteria to determine what constitutes unreasonably high fees | ||
and compensation as those terms are used in this Section. In | ||
determining the reasonableness of fees, wages, salaries, and | ||
compensation under paragraphs (1) and (2) of subsection (a) of | ||
this Section, the Department shall take into account the | ||
location, number, and qualifications of staff, workload | ||
requirements, budget, and size of the agency or person and | ||
available norms for compensation within the adoption | ||
community. Every licensed child welfare agency providing | ||
adoption services shall provide the Department and the Attorney | ||
General with a report, on an annual basis, providing a | ||
description of the fees, wages, salaries and other compensation | ||
described in paragraphs (1), (2), and (3) of this Section. | ||
Nothing in Section 12C-70 of the Criminal Code of 2012 1961 | ||
shall be construed to prevent a child welfare agency from | ||
charging fees or the payment of salaries and compensation as | ||
limited in this Section and any applicable Section of this Act | ||
or the Adoption Act. | ||
(c) This Section does not apply to international adoption | ||
services performed by those child welfare agencies governed by | ||
the 1993 Hague Convention on Protection of Children and | ||
Cooperation in Respect of Intercountry Adoption and the | ||
Intercountry Adoption Act of 2000. | ||
(d) Eligible agencies may be deemed compliant with this | ||
Section.
| ||
(Source: P.A. 97-1109, eff. 1-1-13.) |
Section 310. The Clinical Psychologist Licensing Act is | ||
amended by changing Section 15.1 as follows: | ||
(225 ILCS 15/15.1) | ||
(Section scheduled to be repealed on January 1, 2017) | ||
Sec. 15.1. Suspension of license for failure to pay | ||
restitution. The Department, without further process or | ||
hearing, shall suspend the license or other authorization to | ||
practice of any person issued under this Act who has been | ||
certified by court order as not having paid restitution to a | ||
person under Section 8A-3.5 of the Illinois Public Aid Code or | ||
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 . A person whose license or other | ||
authorization to practice is suspended under this Section is | ||
prohibited from practicing until the restitution is made in | ||
full.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .) | ||
Section 315. The Clinical Social Work and Social Work | ||
Practice Act is amended by changing Section 19.5 as follows: | ||
(225 ILCS 20/19.5) | ||
(Section scheduled to be repealed on January 1, 2018) | ||
Sec. 19.5. Suspension of license for failure to pay | ||
restitution. The Department, without further process or |
hearing, shall suspend the license or other authorization to | ||
practice of any person issued under this Act who has been | ||
certified by court order as not having paid restitution to a | ||
person under Section 8A-3.5 of the Illinois Public Aid Code or | ||
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 . A person whose license or other | ||
authorization to practice is suspended under this Section is | ||
prohibited from practicing until the restitution is made in | ||
full.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .) | ||
Section 320. The Illinois Dental Practice Act is amended by | ||
changing Section 23c as follows: | ||
(225 ILCS 25/23c) | ||
(Section scheduled to be repealed on January 1, 2016) | ||
Sec. 23c. Suspension of license for failure to pay | ||
restitution. The Department, without further process or | ||
hearing, shall suspend the license or other authorization to | ||
practice of any person issued under this Act who has been | ||
certified by court order as not having paid restitution to a | ||
person under Section 8A-3.5 of the Illinois Public Aid Code or | ||
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 . A person whose license or other | ||
authorization to practice is suspended under this Section is | ||
prohibited from practicing until the restitution is made in |
full.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .) | ||
Section 325. 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 and long-term care facilities.
| ||
(a) In the discretion of the Director of Public Health, as | ||
soon after January 1, 1996, January 1, 1997, January 1, 2006, | ||
or October 1, 2007, as applicable, and as is reasonably | ||
practical, 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, and | ||
no long-term care facility shall knowingly hire, employ, or | ||
retain any individual in a position with duties that involve or | ||
may involve
contact with residents or access to the living | ||
quarters or the financial, medical, or personal records of | ||
residents, who has been convicted of committing or attempting | ||
to
commit one or more of the following offenses: those defined | ||
in Sections 8-1(b), 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, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4,
| ||
10-5, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, | ||
11-9.1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, | ||
12-2, 12-3.05, 12-3.1,
12-3.2, 12-3.3, 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, 12C-5, 16-1, 16-1.3, 16-25,
16A-3, 17-3, 17-56, 18-1, | ||
18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 19-6, 20-1, 20-1.1,
| ||
24-1, 24-1.2, 24-1.5, or 33A-2, or subdivision (a)(4) of | ||
Section 11-14.4, or in subsection (a) of Section 12-3 or | ||
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||
of 1961 or the Criminal Code of 2012 ; 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) In the discretion of the Director of Public Health, | ||
as soon after January 1, 2004 or October 1, 2007, as | ||
applicable, and as is reasonably practical, no health care | ||
employer shall knowingly hire
any individual in a position with | ||
duties involving direct care for clients,
patients, or | ||
residents, and no long-term care facility shall knowingly hire | ||
any individual in a position with duties that involve or may | ||
involve
contact with residents or access to the living quarters | ||
or the financial, medical, or personal records of 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, 16-30, 16G-15, 16G-20, 17-33, 17-34, 17-36, | ||
17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 24-3.2, or | ||
24-3.3, or subsection (b) of Section 17-32, subsection (b) of | ||
Section 18-1, or subsection (b) of Section 20-1,
of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 ; Section 4, | ||
5, 6, 8, or 17.02 of the Illinois
Credit Card and Debit Card | ||
Act; or Section 11-9.1A of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 or Section 5.1 of the Wrongs to Children | ||
Act;
or (ii) violated Section 50-50 of the Nurse Practice Act, | ||
unless the applicant or employee obtains a waiver pursuant to | ||
Section 40 of this Act.
| ||
A health care employer is not required to retain an | ||
individual in a position
with duties involving direct care for | ||
clients, patients, or residents, and no long-term care facility | ||
is required to retain an individual in a position with duties | ||
that involve or may involve
contact with residents or access to | ||
the living quarters or the financial, medical, or personal | ||
records of 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, and no | ||
long-term care facility shall knowingly hire, employ, or retain | ||
any individual in a position with duties that involve or may | ||
involve
contact with residents or access to the living quarters |
or the financial, medical, or personal records of 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, unless the applicant or employee obtains | ||
a waiver pursuant to Section 40 of this Act. 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. 96-710, eff. 1-1-10; 96-1551, Article 1, Section | ||
930, eff. 7-1-11; 96-1551, Article 2, Section 995, eff. 7-1-11; | ||
96-1551, Article 10, Section 10-40, eff. 7-1-11; 97-597, eff. | ||
1-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; revised | ||
9-20-12.) | ||
Section 330. The Hearing Instrument Consumer Protection | ||
Act is amended by changing Section 18.5 as follows: | ||
(225 ILCS 50/18.5) | ||
(Section scheduled to be repealed on January 1, 2016) | ||
Sec. 18.5. Suspension of license for failure to pay | ||
restitution. The Department, without further process or | ||
hearing, shall suspend the license or other authorization to | ||
practice of any person issued under this Act who has been |
certified by court order as not having paid restitution to a | ||
person under Section 8A-3.5 of the Illinois Public Aid Code or | ||
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 . A person whose license or other | ||
authorization to practice is suspended under this Section is | ||
prohibited from practicing until the restitution is made in | ||
full.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .) | ||
Section 335. The Home Medical Equipment and Services | ||
Provider License Act is amended by changing Section 77 as | ||
follows: | ||
(225 ILCS 51/77) | ||
(Section scheduled to be repealed on January 1, 2018) | ||
Sec. 77. Suspension of license for failure to pay | ||
restitution. The Department, without further process or | ||
hearing, shall suspend the license or other authorization to | ||
practice of any person issued under this Act who has been | ||
certified by court order as not having paid restitution to a | ||
person under Section 8A-3.5 of the Illinois Public Aid Code or | ||
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 . A person whose license or other | ||
authorization to practice is suspended under this Section is | ||
prohibited from practicing until the restitution is made in | ||
full.
|
(Source: P.A. 96-1551, eff. 7-1-11 .) | ||
Section 340. The Marriage and Family Therapy Licensing Act | ||
is amended by changing Section 87 as follows: | ||
(225 ILCS 55/87) | ||
(Section scheduled to be repealed on January 1, 2018) | ||
Sec. 87. Suspension of license for failure to pay | ||
restitution. The Department, without further process or | ||
hearing, shall suspend the license or other authorization to | ||
practice of any person issued under this Act who has been | ||
certified by court order as not having paid restitution to a | ||
person under Section 8A-3.5 of the Illinois Public Aid Code or | ||
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 . A person whose license or other | ||
authorization to practice is suspended under this Section is | ||
prohibited from practicing until the restitution is made in | ||
full.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .) | ||
Section 345. The Medical Practice Act of 1987 is amended by | ||
changing Section 22.5 as follows: | ||
(225 ILCS 60/22.5) | ||
(Section scheduled to be repealed on December 31, 2012) | ||
Sec. 22.5. Suspension of license for failure to pay |
restitution. The Department, without further process or | ||
hearing, shall suspend the license or other authorization to | ||
practice of any person issued under this Act who has been | ||
certified by court order as not having paid restitution to a | ||
person under Section 8A-3.5 of the Illinois Public Aid Code or | ||
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 . A person whose license or other | ||
authorization to practice is suspended under this Section is | ||
prohibited from practicing until the restitution is made in | ||
full.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .) | ||
Section 350. The Naprapathic Practice Act is amended by | ||
changing Section 113 as follows: | ||
(225 ILCS 63/113) | ||
(Section scheduled to be repealed on January 1, 2023) | ||
Sec. 113. Suspension of license for failure to pay | ||
restitution. The Department, without further process or | ||
hearing, shall suspend the license or other authorization to | ||
practice of any person issued under this Act who has been | ||
certified by court order as not having paid restitution to a | ||
person under Section 8A-3.5 of the Illinois Public Aid Code or | ||
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 . A person whose license or other | ||
authorization to practice is suspended under this Section is |
prohibited from practicing until the restitution is made in | ||
full.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .) | ||
Section 355. The Nurse Practice Act is amended by changing | ||
Section 70-20 as follows: | ||
(225 ILCS 65/70-20) (was 225 ILCS 65/20-13) | ||
(Section scheduled to be repealed on January 1, 2018) | ||
Sec. 70-20. Suspension of license or registration for | ||
failure to pay restitution. The Department, without further | ||
process or hearing, shall suspend the license or other | ||
authorization to practice of any person issued under this Act | ||
who has been certified by court order as not having paid | ||
restitution to a person under Section 8A-3.5 of the Illinois | ||
Public Aid Code or under Section 17-10.5 or 46-1 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 . A person | ||
whose license or other authorization to practice is suspended | ||
under this Section is prohibited from practicing until the | ||
restitution is made in full.
| ||
(Source: P.A. 95-639, eff. 10-5-07; 96-1551, eff. 7-1-11 .) | ||
Section 360. The Nursing Home Administrators Licensing and | ||
Disciplinary Act is amended by changing Section 17 as follows: | ||
(225 ILCS 70/17) (from Ch. 111, par. 3667) |
Sec. 17. Grounds for disciplinary action. | ||
(a) The Department may impose fines not to exceed $10,000
| ||
or may
refuse to issue or to renew, or may revoke, suspend, | ||
place on probation,
censure, reprimand or take other | ||
disciplinary or non-disciplinary action with regard to the
| ||
license of any person, for any one or combination
of the | ||
following causes: | ||
(1) Intentional material misstatement in furnishing | ||
information
to
the Department. | ||
(2) Conviction of or entry of a plea of guilty or nolo | ||
contendere to any crime that is a felony under the laws of | ||
the United States
or any
state or territory thereof or
a | ||
misdemeanor of which an
essential element is dishonesty or | ||
that is directly
related to the practice of the profession | ||
of nursing home administration. | ||
(3) Making any misrepresentation for the purpose of | ||
obtaining
a license,
or violating any provision of this | ||
Act. | ||
(4) Immoral conduct in the commission of any act, such | ||
as
sexual abuse or
sexual misconduct, related to the | ||
licensee's practice. | ||
(5) Failing to respond within 30
days, to a
written | ||
request made by the Department for information. | ||
(6) Engaging in dishonorable, unethical or | ||
unprofessional
conduct of a
character likely to deceive, | ||
defraud or harm the public. |
(7) Habitual use or addiction to alcohol, narcotics,
| ||
stimulants, or any
other chemical agent or drug which | ||
results in the inability to practice
with reasonable | ||
judgment, skill or safety. | ||
(8) Discipline by another U.S. jurisdiction if at
least | ||
one of the grounds for the discipline is the same or | ||
substantially
equivalent to those set forth herein. | ||
(9) A finding by the Department that the licensee, | ||
after having
his or her license
placed on probationary | ||
status has violated the terms of probation. | ||
(10) Willfully making or filing false records or | ||
reports in
his or her
practice,
including but not limited | ||
to false records filed with State agencies or
departments. | ||
(11) Physical illness, mental illness, or other | ||
impairment or disability, including, but not limited to,
| ||
deterioration
through the aging process, or loss of motor | ||
skill that results in
the
inability to practice the | ||
profession with reasonable judgment, skill or safety. | ||
(12) Disregard or violation of this Act or of any rule
| ||
issued pursuant to this Act. | ||
(13) Aiding or abetting another in the violation of | ||
this Act
or any rule
or regulation issued pursuant to this | ||
Act. | ||
(14) Allowing one's license to be used by an unlicensed
| ||
person. | ||
(15) (Blank).
|
(16) Professional incompetence in the practice of | ||
nursing
home administration. | ||
(17) Conviction of a violation of Section 12-19 or | ||
subsection (a) of Section 12-4.4a of the
Criminal Code of
| ||
1961 or the Criminal Code of 2012 for the abuse and | ||
criminal neglect of a long term care facility resident. | ||
(18) Violation of the Nursing Home Care Act, the | ||
Specialized Mental Health Rehabilitation Act, or the ID/DD | ||
Community Care Act or of any rule
issued under the Nursing | ||
Home Care Act, the Specialized Mental Health | ||
Rehabilitation Act, or the ID/DD Community Care Act. A | ||
final adjudication of a Type "AA" violation of the Nursing | ||
Home Care Act made by the Illinois Department of Public | ||
Health, as identified by rule, relating to the hiring, | ||
training, planning, organizing, directing, or supervising | ||
the operation of a nursing home and a licensee's failure to | ||
comply with this Act or the rules adopted under this Act, | ||
shall create a rebuttable presumption of a violation of | ||
this subsection. | ||
(19) Failure to report to the Department any adverse | ||
final action taken against the licensee by a licensing | ||
authority of another state, territory of the United States, | ||
or foreign country; or by any governmental or law | ||
enforcement agency; or by any court for acts or conduct | ||
similar to acts or conduct that would constitute grounds | ||
for disciplinary action under this Section. |
(20) Failure to report to the Department the surrender | ||
of a license or authorization to practice as a nursing home | ||
administrator in another state or jurisdiction for acts or | ||
conduct similar to acts or conduct that would constitute | ||
grounds for disciplinary action under this Section. | ||
(21) 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 | ||
that would constitute grounds for disciplinary action | ||
under this Section. | ||
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
5
years next after | ||
receipt by the Department of (i) a
complaint
alleging the | ||
commission of or notice of the conviction order
for any of the | ||
acts described herein or (ii) a referral for investigation
| ||
under
Section 3-108 of the Nursing Home Care Act. | ||
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 Department order based upon a
| ||
finding by the Board that they have been determined to
be | ||
recovered from mental illness by the court and upon the
Board's | ||
recommendation that they be permitted to resume their practice. |
The Department, upon the recommendation of the
Board, may
| ||
adopt rules which set forth
standards to be used in determining | ||
what constitutes: | ||
(i)
when a person will be deemed sufficiently
| ||
rehabilitated to warrant the public trust; | ||
(ii)
dishonorable, unethical or
unprofessional conduct | ||
of a character likely to deceive,
defraud, or harm the | ||
public; | ||
(iii)
immoral conduct in the commission
of any act | ||
related to the licensee's practice; and | ||
(iv)
professional incompetence in the practice
of | ||
nursing home administration. | ||
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 Department or Board, upon a | ||
showing of a
possible
violation,
may compel any individual | ||
licensed to practice under this
Act, or who has applied for | ||
licensure
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 | ||
Department or Board.
The Department or Board 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 communications 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 Department | ||
finds, after notice
and hearing, that the refusal to submit to | ||
the examination
was without reasonable cause. | ||
If the Department or Board
finds an individual unable to | ||
practice
because of the reasons
set forth in this Section, the | ||
Department or Board shall
require such individual to submit to | ||
care, counseling, or
treatment by physicians approved or | ||
designated by the
Department or Board, as a condition, term, or | ||
restriction for
continued,
reinstated, or renewed licensure to | ||
practice; or in lieu of care, counseling,
or
treatment, the | ||
Department may file, or the Board may recommend to the
| ||
Department to
file, a complaint to
immediately suspend, revoke, | ||
or otherwise discipline the license of the
individual.
Any | ||
individual whose license was granted pursuant to
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
| ||
shall be referred to the Secretary
for a
determination as to | ||
whether the licensee shall have his or her
license suspended |
immediately, pending a hearing by the
Department. In instances | ||
in which the Secretary
immediately suspends a license under | ||
this Section, a hearing
upon such person's license must be | ||
convened by the
Board within 30
days after such suspension and
| ||
completed without appreciable delay. The Department and Board
| ||
shall have the authority to review the subject administrator'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 | ||
Department or Board that he or she can
resume
practice in | ||
compliance with acceptable and prevailing
standards under the | ||
provisions of his or her license. | ||
(b) Any individual or
organization acting in good faith, | ||
and not in a wilful and
wanton manner, in complying with this | ||
Act by providing any
report or other information to the | ||
Department, or
assisting in the investigation or preparation of | ||
such
information, or by participating in proceedings of the
| ||
Department, or by serving as a member of the
Board, shall not, | ||
as a result of such actions,
be subject to criminal prosecution | ||
or civil damages. | ||
(c) Members of the Board, and persons
retained under | ||
contract to assist and advise in an investigation,
shall be | ||
indemnified by the State for any actions
occurring within the |
scope of services on or for the Board, done in good
faith
and | ||
not wilful and wanton in
nature. The Attorney General shall | ||
defend all such actions
unless he or she determines either that | ||
there would be a
conflict of interest in such representation or | ||
that the
actions complained of were not in good faith or were | ||
wilful and wanton. | ||
Should the Attorney General decline representation,
a | ||
person entitled to indemnification under this Section shall | ||
have the
right to employ counsel of his or her
choice, whose | ||
fees shall be provided by the State, after
approval by the | ||
Attorney General, unless there is a
determination by a court | ||
that the member's actions were not
in good faith or were wilful | ||
and wanton. | ||
A person entitled to indemnification under this
Section | ||
must notify the Attorney General within 7
days of receipt of | ||
notice of the initiation of any action
involving services of | ||
the Board. Failure to so
notify the Attorney General shall | ||
constitute an absolute
waiver of the right to a defense and | ||
indemnification. | ||
The Attorney General shall determine within 7 days
after | ||
receiving such notice, whether he or she will undertake to | ||
represent
a
person entitled to indemnification under this | ||
Section. | ||
(d) The determination by a circuit court that a licensee is | ||
subject to
involuntary admission or judicial admission as | ||
provided in the Mental
Health and Developmental Disabilities |
Code, as amended, operates as an
automatic suspension. Such | ||
suspension will end only upon a finding by a
court that the | ||
patient is no longer subject to involuntary admission or
| ||
judicial admission and issues an order so finding and | ||
discharging the
patient; and upon the recommendation of the | ||
Board to the Secretary
that
the licensee be allowed to resume | ||
his or her practice. | ||
(e) The Department may refuse to issue or may suspend 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 Department of Revenue, until | ||
such time as the requirements of any
such tax Act are | ||
satisfied. | ||
(f) The Department of Public Health shall transmit to the
| ||
Department a list of those facilities which receive an "A" | ||
violation as
defined in Section 1-129 of the Nursing Home Care | ||
Act. | ||
(Source: P.A. 96-339, eff. 7-1-10; 96-1372, eff. 7-29-10; | ||
96-1551, eff. 7-1-11; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; | ||
97-1109, eff. 1-1-13.) | ||
Section 365. The Illinois Occupational Therapy Practice | ||
Act is amended by changing Section 19.17 as follows: | ||
(225 ILCS 75/19.17) |
(Section scheduled to be repealed on January 1, 2014) | ||
Sec. 19.17. Suspension of license for failure to pay | ||
restitution. The Department, without further process or | ||
hearing, shall suspend the license or other authorization to | ||
practice of any person issued under this Act who has been | ||
certified by court order as not having paid restitution to a | ||
person under Section 8A-3.5 of the Illinois Public Aid Code or | ||
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 . A person whose license or other | ||
authorization to practice is suspended under this Section is | ||
prohibited from practicing until the restitution is made in | ||
full.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .) | ||
Section 370. The Illinois Optometric Practice Act of 1987 | ||
is amended by changing Section 24.5 as follows: | ||
(225 ILCS 80/24.5) | ||
(Section scheduled to be repealed on January 1, 2017) | ||
Sec. 24.5. Suspension of license for failure to pay | ||
restitution. The Department, without further process or | ||
hearing, shall suspend the license or other authorization to | ||
practice of any person issued under this Act who has been | ||
certified by court order as not having paid restitution to a | ||
person under Section 8A-3.5 of the Illinois Public Aid Code or | ||
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or |
the Criminal Code of 2012 . A person whose license or other | ||
authorization to practice is suspended under this Section is | ||
prohibited from practicing until the restitution is made in | ||
full.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .) | ||
Section 375. The Orthotics, Prosthetics, and Pedorthics | ||
Practice Act is amended by changing Section 93 as follows: | ||
(225 ILCS 84/93) | ||
(Section scheduled to be repealed on January 1, 2020) | ||
Sec. 93. Suspension of license for failure to pay | ||
restitution. The Department, without further process or | ||
hearing, shall suspend the license or other authorization to | ||
practice of any person issued under this Act who has been | ||
certified by court order as not having paid restitution to a | ||
person under Section 8A-3.5 of the Illinois Public Aid Code or | ||
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 . A person whose license or other | ||
authorization to practice is suspended under this Section is | ||
prohibited from practicing until the restitution is made in | ||
full.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .) | ||
Section 380. The Pharmacy Practice Act is amended by | ||
changing Section 30.5 as follows: |
(225 ILCS 85/30.5) | ||
(Section scheduled to be repealed on January 1, 2018) | ||
Sec. 30.5. Suspension of license or certificate for failure | ||
to pay restitution. The Department, without further process or | ||
hearing, shall suspend the license or other authorization to | ||
practice of any person issued under this Act who has been | ||
certified by court order as not having paid restitution to a | ||
person under Section 8A-3.5 of the Illinois Public Aid Code or | ||
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 . A person whose license or other | ||
authorization to practice is suspended under this Section is | ||
prohibited from practicing until the restitution is made in | ||
full.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .) | ||
Section 385. The Illinois Physical Therapy Act is amended | ||
by changing Section 17.5 as follows: | ||
(225 ILCS 90/17.5) | ||
(Section scheduled to be repealed on January 1, 2016) | ||
Sec. 17.5. Suspension of license for failure to pay | ||
restitution. The Department, without further process or | ||
hearing, shall suspend the license or other authorization to | ||
practice of any person issued under this Act who has been | ||
certified by court order as not having paid restitution to a |
person under Section 8A-3.5 of the Illinois Public Aid Code or | ||
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 . A person whose license or other | ||
authorization to practice is suspended under this Section is | ||
prohibited from practicing until the restitution is made in | ||
full.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .) | ||
Section 390. The Physician Assistant Practice Act of 1987 | ||
is amended by changing Section 21.5 as follows: | ||
(225 ILCS 95/21.5) | ||
(Section scheduled to be repealed on January 1, 2018) | ||
Sec. 21.5. Suspension of license for failure to pay | ||
restitution. The Department, without further process or | ||
hearing, shall suspend the license or other authorization to | ||
practice of any person issued under this Act who has been | ||
certified by court order as not having paid restitution to a | ||
person under Section 8A-3.5 of the Illinois Public Aid Code or | ||
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 . A person whose license or other | ||
authorization to practice is suspended under this Section is | ||
prohibited from practicing until the restitution is made in | ||
full.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .) |
Section 395. The Podiatric Medical Practice Act of 1987 is | ||
amended by changing Section 24.5 as follows: | ||
(225 ILCS 100/24.5) | ||
(Section scheduled to be repealed on January 1, 2018) | ||
Sec. 24.5. Suspension of license for failure to pay | ||
restitution. The Department, without further process or | ||
hearing, shall suspend the license or other authorization to | ||
practice of any person issued under this Act who has been | ||
certified by court order as not having paid restitution to a | ||
person under Section 8A-3.5 of the Illinois Public Aid Code or | ||
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 . A person whose license or other | ||
authorization to practice is suspended under this Section is | ||
prohibited from practicing until the restitution is made in | ||
full.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .) | ||
Section 400. The Respiratory Care Practice Act is amended | ||
by changing Section 97 as follows: | ||
(225 ILCS 106/97) | ||
(Section scheduled to be repealed on January 1, 2016) | ||
Sec. 97. Suspension of license for failure to pay | ||
restitution. The Department, without further process or | ||
hearing, shall suspend the license or other authorization to |
practice of any person issued under this Act who has been | ||
certified by court order as not having paid restitution to a | ||
person under Section 8A-3.5 of the Illinois Public Aid Code or | ||
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 . A person whose license or other | ||
authorization to practice is suspended under this Section is | ||
prohibited from practicing until the restitution is made in | ||
full.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .) | ||
Section 405. The Professional Counselor and Clinical | ||
Professional Counselor
Licensing and Practice Act is amended by | ||
changing Section 83 as follows: | ||
(225 ILCS 107/83) | ||
(Section scheduled to be repealed on January 1, 2023) | ||
Sec. 83. Suspension of license for failure to pay | ||
restitution. The Department, without further process or | ||
hearing, shall suspend the license or other authorization to | ||
practice of any person issued under this Act who has been | ||
certified by court order as not having paid restitution to a | ||
person under Section 8A-3.5 of the Illinois Public Aid Code or | ||
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 . A person whose license or other | ||
authorization to practice is suspended under this Section is | ||
prohibited from practicing until the restitution is made in |
full.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .) | ||
Section 410. The Illinois Speech-Language Pathology and
| ||
Audiology Practice Act is amended by changing Section 16.3 as | ||
follows: | ||
(225 ILCS 110/16.3) | ||
(Section scheduled to be repealed on January 1, 2018) | ||
Sec. 16.3. Suspension of license for failure to pay | ||
restitution. The Department, without further process or | ||
hearing, shall suspend the license or other authorization to | ||
practice of any person issued under this Act who has been | ||
certified by court order as not having paid restitution to a | ||
person under Section 8A-3.5 of the Illinois Public Aid Code or | ||
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 . A person whose license or other | ||
authorization to practice is suspended under this Section is | ||
prohibited from practicing until the restitution is made in | ||
full.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .) | ||
Section 415. The Veterinary Medicine and Surgery Practice | ||
Act of 2004 is amended by changing Sections 19, 25, and 25.19 | ||
as follows:
|
(225 ILCS 115/19) (from Ch. 111, par. 7019)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 19.
Any person filing or attempting to file as his | ||
own, the diploma
of another, or a forged, fictitious or | ||
fraudulently obtained diploma or
certificate, shall upon | ||
conviction be subject to such fine and imprisonment
as are set | ||
forth in the " Criminal Code of 2012 1961" , approved July 28, | ||
1961,
as amended, for the crime of forgery.
| ||
(Source: P.A. 83-1016 .)
| ||
(225 ILCS 115/25) (from Ch. 111, par. 7025)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 25. Disciplinary actions.
| ||
1. The Department may refuse to issue or renew, or may | ||
revoke,
suspend, place on probation, reprimand, or take other | ||
disciplinary
action as the Department may deem appropriate, | ||
including fines not to
exceed $1,000 for each violation, with | ||
regard to any
license or certificate for any one or combination | ||
of the following:
| ||
A. Material misstatement in furnishing information to | ||
the
Department.
| ||
B. Violations of this Act, or of the rules adopted | ||
pursuant to this Act.
| ||
C. Conviction of any crime under the laws of the United | ||
States or any
state or territory of the United States that | ||
is a felony or that is a
misdemeanor, an essential element |
of which is dishonesty, or of any crime that
is directly | ||
related to the practice of the profession.
| ||
D. Making any misrepresentation for the purpose of | ||
obtaining licensure or
certification, or violating any | ||
provision of this Act or the rules adopted pursuant to this | ||
Act pertaining to advertising.
| ||
E. Professional incompetence.
| ||
F. Gross malpractice.
| ||
G. Aiding or assisting another person in violating any | ||
provision of this
Act or rules.
| ||
H. Failing, within 60 days, to provide information in | ||
response to a
written request made by the Department.
| ||
I. Engaging in dishonorable, unethical, or | ||
unprofessional conduct of a
character likely to deceive, | ||
defraud, or harm the public.
| ||
J. Habitual or excessive use or addiction to alcohol, | ||
narcotics,
stimulants, or any other chemical agent or drug | ||
that results in the inability
to practice with reasonable | ||
judgment, skill, or safety.
| ||
K. Discipline by another state, District of Columbia, | ||
territory, or
foreign nation, if at least one of the | ||
grounds for the discipline is the same
or substantially | ||
equivalent to those set forth herein.
| ||
L. Directly or indirectly giving to or receiving from | ||
any person, firm,
corporation, partnership or association | ||
any fee, commission, rebate, or other
form of compensation |
for professional services not actually or personally
| ||
rendered.
| ||
M. A finding by the Board that the licensee or | ||
certificate holder,
after having his license or | ||
certificate placed on probationary status, has
violated | ||
the terms of probation.
| ||
N. Willfully making or filing false records or reports | ||
in his practice,
including but not limited to false records | ||
filed with State agencies or
departments.
| ||
O. Physical illness, including but not limited to, | ||
deterioration through
the aging process, or loss of motor | ||
skill which results in the inability
to practice the | ||
profession with reasonable judgment, skill, or safety.
| ||
P. Solicitation of professional services other than | ||
permitted
advertising.
| ||
Q. Having professional connection with or lending | ||
one's name, directly
or indirectly, to any illegal | ||
practitioner of veterinary medicine and surgery
and the | ||
various branches thereof.
| ||
R. Conviction of or cash compromise of a charge or | ||
violation of the
Harrison Act or the Illinois Controlled | ||
Substances Act, regulating narcotics.
| ||
S. Fraud or dishonesty in applying, treating, or | ||
reporting on
tuberculin or other biological tests.
| ||
T. Failing to report, as required by law, or making | ||
false report of any
contagious or infectious diseases.
|
U. Fraudulent use or misuse of any health certificate, | ||
shipping
certificate, brand inspection certificate, or | ||
other blank forms used in
practice that might lead to the | ||
dissemination of disease or the transportation
of diseased | ||
animals dead or alive; or dilatory methods, willful | ||
neglect, or
misrepresentation in the inspection of milk, | ||
meat, poultry, and the by-products
thereof.
| ||
V. Conviction on a charge of cruelty to animals.
| ||
W. Failure to keep one's premises and all equipment | ||
therein in a clean
and sanitary condition.
| ||
X. Failure to provide satisfactory proof of having | ||
participated in
approved continuing education programs.
| ||
Y. Failure to (i) file a return, (ii) pay the tax, | ||
penalty, or interest
shown in a filed return, or (iii) pay | ||
any final assessment of tax, penalty, or
interest, as | ||
required by any tax Act administered by the Illinois | ||
Department of
Revenue, until the requirements of that tax | ||
Act are satisfied.
| ||
Z. Conviction by any court of competent jurisdiction, | ||
either within or
outside this State, of any violation of | ||
any law governing the practice of
veterinary medicine, if | ||
the Department determines, after investigation, that
the | ||
person has not been sufficiently rehabilitated to warrant | ||
the public trust.
| ||
AA. Promotion of the sale of drugs, devices, | ||
appliances, or goods provided
for a patient in any manner |
to exploit the client for financial gain of the
| ||
veterinarian.
| ||
BB. Gross, willful, or continued overcharging for | ||
professional services,
including filing false statements | ||
for collection of fees for which services are
not rendered.
| ||
CC. Practicing under a false or, except as provided by | ||
law, an assumed
name.
| ||
DD. 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.
| ||
EE. Cheating on or attempting to subvert the licensing | ||
examination
administered under this Act.
| ||
FF. Using, prescribing, or selling a prescription drug | ||
or the
extra-label use of a prescription drug by any means | ||
in the absence of a valid
veterinarian-client-patient | ||
relationship.
| ||
GG. Failing to report a case of suspected aggravated | ||
cruelty, torture,
or
animal fighting pursuant to Section | ||
3.07 or 4.01 of the Humane Care for
Animals Act or Section | ||
26-5 or 48-1 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 .
| ||
2. The determination by a circuit court that a licensee or | ||
certificate
holder is subject to involuntary admission or | ||
judicial admission as provided in
the Mental Health and | ||
Developmental Disabilities Code operates as an automatic
| ||
suspension. The suspension will end only upon a finding by a |
court that the
patient is no longer subject to involuntary | ||
admission or judicial admission and
issues an order so finding | ||
and discharging the patient; and upon the
recommendation of the | ||
Board to the Secretary that the licensee or certificate
holder | ||
be allowed to resume his practice.
| ||
3. 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 or | ||
certificate on any of the foregoing grounds, must be
commenced | ||
within 3 years after receipt by the Department of a complaint
| ||
alleging the commission of or notice of the conviction order | ||
for any of the
acts described in this Section. Except for | ||
proceedings brought for violations
of items (CC), (DD), or | ||
(EE), 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, the | ||
claim, cause of action, or civil action being grounded on the
| ||
allegation that a person licensed or certified under this Act | ||
was negligent in
providing care, the Department shall have an | ||
additional period of one year from
the date of the settlement | ||
or final judgment in which to investigate and begin
formal | ||
disciplinary proceedings under Section 25.2 of this Act, except | ||
as
otherwise provided by law. The time during which the holder | ||
of the license or
certificate was outside the State of Illinois |
shall not be included within any
period of time limiting the | ||
commencement of disciplinary action by the
Department.
| ||
4. The Department may refuse to issue or take disciplinary | ||
action
concerning
the license of any person who fails to file a | ||
return, 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 | ||
Department of Revenue, until such
time as
the requirements of | ||
any such tax Act are satisfied as determined by the
Department | ||
of
Revenue.
| ||
5. In enforcing this Section, the Board, upon a showing of | ||
a possible
violation, may compel a licensee or applicant to | ||
submit to a mental or physical
examination, or both, as | ||
required by and at the expense of the Department. The
examining | ||
physicians or clinical psychologists shall be those | ||
specifically
designated by the Board. The Board or the | ||
Department may order (i) the
examining physician to present | ||
testimony concerning the mental or physical
examination of a | ||
licensee or applicant or (ii) the examining clinical
| ||
psychologist to present testimony concerning the mental | ||
examination of a
licensee or applicant. No information shall be | ||
excluded by reason of any common
law or statutory privilege | ||
relating to communications between a licensee or
applicant and | ||
the examining physician or clinical psychologist. An | ||
individual
to be examined may have, at his or her own expense, | ||
another physician or
clinical psychologist of his or her choice |
present during all aspects of the
examination. Failure of an | ||
individual to submit to a mental or physical
examination, when | ||
directed, is grounds for suspension of his or her license.
The | ||
license must remain suspended until the person submits to the | ||
examination
or the Board finds, after notice and hearing, that | ||
the refusal to submit to the
examination was with reasonable | ||
cause.
| ||
If the Board finds an individual unable to practice because | ||
of the reasons
set forth in this Section, the Board must | ||
require the individual to submit to
care, counseling, or | ||
treatment by a physician or clinical psychologist approved
by | ||
the Board, as a condition, term, or restriction for continued, | ||
reinstated,
or renewed licensure to practice. In lieu of care, | ||
counseling, or treatment,
the Board may recommend that the | ||
Department file a complaint to immediately
suspend or revoke | ||
the license of the individual or otherwise discipline the
| ||
licensee.
| ||
Any individual whose license was granted, continued, | ||
reinstated, or renewed
subject to conditions, terms, or | ||
restrictions, as provided for in this Section,
or any | ||
individual who was disciplined or placed on supervision | ||
pursuant to this
Section must be referred to the Secretary for | ||
a determination as to whether the
person shall have his or her | ||
license suspended immediately, pending a hearing
by the Board.
| ||
(Source: P.A. 96-1322, eff. 7-27-10; 97-1108, eff. 1-1-13.)
|
(225 ILCS 115/25.19)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 25.19. Mandatory reporting. Nothing in this Act | ||
exempts a
licensee from the mandatory reporting requirements | ||
regarding suspected acts of
aggravated cruelty, torture, and | ||
animal fighting imposed under Sections 3.07
and 4.01 of the | ||
Humane Care for Animals Act and Section 26-5 or 48-1 of the | ||
Criminal
Code of 1961 or the Criminal Code of 2012 .
| ||
(Source: P.A. 97-1108, eff. 1-1-13.)
| ||
Section 420. The Perfusionist Practice Act is amended by | ||
changing Section 107 as follows: | ||
(225 ILCS 125/107) | ||
(Section scheduled to be repealed on January 1, 2020) | ||
Sec. 107. Suspension of license for failure to pay | ||
restitution. The Department, without further process or | ||
hearing, shall suspend the license or other authorization to | ||
practice of any person issued under this Act who has been | ||
certified by court order as not having paid restitution to a | ||
person under Section 8A-3.5 of the Illinois Public Aid Code or | ||
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 . A person whose license or other | ||
authorization to practice is suspended under this Section is | ||
prohibited from practicing until the restitution is made in | ||
full.
|
(Source: P.A. 96-1551, eff. 7-1-11 .) | ||
Section 425. The Registered Surgical Assistant and | ||
Registered Surgical
Technologist Title Protection Act is | ||
amended by changing Section 77 as follows: | ||
(225 ILCS 130/77) | ||
(Section scheduled to be repealed on January 1, 2014) | ||
Sec. 77. Suspension of registration for failure to pay | ||
restitution. The Department, without further process or | ||
hearing, shall suspend the license or other authorization to | ||
practice of any person issued under this Act who has been | ||
certified by court order as not having paid restitution to a | ||
person under Section 8A-3.5 of the Illinois Public Aid Code or | ||
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 . A person whose license or other | ||
authorization to practice is suspended under this Section is | ||
prohibited from practicing until the restitution is made in | ||
full.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .) | ||
Section 430. The Genetic Counselor Licensing Act is amended | ||
by changing Section 97 as follows: | ||
(225 ILCS 135/97) | ||
(Section scheduled to be repealed on January 1, 2015) |
Sec. 97. Suspension of license for failure to pay | ||
restitution. The Department, without further process or | ||
hearing, shall suspend the license or other authorization to | ||
practice of any person issued under this Act who has been | ||
certified by court order as not having paid restitution to a | ||
person under Section 8A-3.5 of the Illinois Public Aid Code or | ||
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 . A person whose license or other | ||
authorization to practice is suspended under this Section is | ||
prohibited from practicing until the restitution is made in | ||
full.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .) | ||
Section 435. The Fire Sprinkler Contractor Licensing Act is | ||
amended by changing Section 32 as follows: | ||
(225 ILCS 317/32) | ||
Sec. 32. Application for building permit; identity theft. A | ||
person who knowingly, in the course of applying for a building | ||
permit with a unit of local government, provides the license | ||
number of a fire sprinkler contractor whom he or she does not | ||
intend to have perform the work on the fire sprinkler portion | ||
of the project commits identity theft under paragraph (8) of | ||
subsection (a) of Section 16-30 of the Criminal Code of 2012 | ||
1961 .
| ||
(Source: P.A. 96-1455, eff. 8-20-10; 97-333, eff. 8-12-11; |
97-597, eff. 1-1-12; 97-1109, eff. 1-1-13.) | ||
Section 440. The Illinois Roofing Industry Licensing Act is | ||
amended by changing Section 5 as follows:
| ||
(225 ILCS 335/5) (from Ch. 111, par. 7505)
| ||
(Section scheduled to be repealed on January 1, 2016)
| ||
Sec. 5. Display of license number; building permits; | ||
advertising.
| ||
(a) Each State licensed roofing contractor shall
affix the | ||
roofing contractor license number and the licensee's name, as | ||
it appears on the license, to all of his
or
her contracts and | ||
bids. In
addition, the official issuing building permits shall | ||
affix the
roofing contractor license number to each application | ||
for a building permit
and on
each building permit issued and | ||
recorded.
| ||
(a-3) A municipality or a county that requires a building | ||
permit may not issue a building permit to a roofing
contractor | ||
unless that contractor has provided sufficient proof that he or | ||
she
is licensed currently as a roofing contractor by the State. | ||
Holders of an unlimited roofing license may be issued permits | ||
for residential, commercial, and industrial roofing projects. | ||
Holders of a limited roofing license are restricted to permits | ||
for work on residential properties consisting of 8 units or | ||
less. | ||
(a-5) A person who knowingly, in the course of applying for |
a building permit with a unit of local government, provides the | ||
roofing license number or name of a roofing contractor whom he | ||
or she does not intend to have perform the work on the roofing | ||
portion of the project commits identity theft under paragraph | ||
(8) of subsection (a) of Section 16-30 of the Criminal Code of | ||
2012 1961 . | ||
(a-10) A building permit applicant must present a | ||
government-issued identification along with the building | ||
permit application. Except for the name of the individual, all | ||
other personal information contained in the government-issued | ||
identification shall be exempt from disclosure under | ||
subsection (c) of Section 7 of the Freedom of Information Act. | ||
The official issuing the building permit shall maintain the | ||
name and identification number, as it appears on the | ||
government-issued identification, in the building permit | ||
application file. It is not necessary that the building permit | ||
applicant be the qualifying party. This subsection shall not | ||
apply to a county or municipality whose building permit process | ||
occurs through electronic means. | ||
(b) (Blank).
| ||
(c) Every holder of a license shall
display it in a
| ||
conspicuous place in his or her principal office, place of | ||
business, or place
of employment.
| ||
(d) No person licensed under this Act may advertise | ||
services regulated by
this Act unless that person includes in | ||
the advertisement the roofing contractor license number and the |
licensee's name, as it appears on the license. Nothing | ||
contained in this subsection requires the publisher of
| ||
advertising for roofing contractor services to investigate or | ||
verify the
accuracy of the
license number provided by the | ||
licensee.
| ||
(e) A person who advertises services regulated by this Act | ||
who knowingly (i)
fails to display the license number and the | ||
licensee's name, as it appears on the license, in any manner | ||
required by this Section,
(ii) fails to provide a publisher | ||
with the correct license number as required
by subsection (d), | ||
or (iii) provides a publisher with a false license number or
a | ||
license number of another person, or a person who knowingly | ||
allows his or her
license number to be displayed or used by | ||
another person to circumvent any
provisions of this Section, is | ||
guilty of a Class A misdemeanor with a fine of
$1,000, and, in | ||
addition, is subject to the administrative enforcement
| ||
provisions of this Act.
Each day that an advertisement runs or | ||
each day that a person knowingly allows
his or her license to | ||
be displayed or used in violation of this Section
constitutes a | ||
separate offense.
| ||
(Source: P.A. 96-624, eff. 1-1-10; 96-1324, eff. 7-27-10; | ||
97-235, eff. 1-1-12; 97-597, eff. 1-1-12; 97-965, eff. 8-15-12; | ||
97-1109, eff. 1-1-13.)
| ||
Section 450. The Community Association Manager Licensing | ||
and Disciplinary Act is amended by changing Section 87 as |
follows: | ||
(225 ILCS 427/87)
| ||
(Section scheduled to be repealed on January 1, 2020) | ||
Sec. 87. Suspension of license for failure to pay | ||
restitution. The Department, without further process or | ||
hearing, shall suspend the license or other authorization to | ||
practice of any person issued under this Act who has been | ||
certified by court order as not having paid restitution to a | ||
person under Section 8A-3.5 of the Illinois Public Aid Code or | ||
under Section 17-10.5 or 46-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 . A person whose license or other | ||
authorization to practice is suspended under this Section is | ||
prohibited from practicing until the restitution is made in | ||
full.
| ||
(Source: P.A. 96-726, eff. 7-1-10 .) | ||
Section 455. The Private Detective, Private Alarm, Private | ||
Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | ||
amended by changing Sections 20-20 and 25-20 as follows:
| ||
(225 ILCS 447/20-20)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 20-20. Training; private alarm contractor and
| ||
employees. | ||
(a) Registered employees of the private alarm contractor
|
agency who carry a firearm and respond to alarm systems shall
| ||
complete, within 30 days of their employment, a minimum of 20
| ||
hours of classroom training provided by a qualified instructor
| ||
and shall include all of the following subjects:
| ||
(1) The law regarding arrest and search and seizure
as | ||
it applies to the private alarm industry.
| ||
(2) Civil and criminal liability for acts related
to | ||
the private alarm industry.
| ||
(3) The use of force, including but not limited to
the | ||
use of nonlethal force (i.e., disabling spray, baton,
| ||
stungun, or similar weapon).
| ||
(4) Arrest and control techniques.
| ||
(5) The offenses under the Criminal Code of 2012 1961
| ||
that are directly related to the protection of persons and
| ||
property.
| ||
(6) The law on private alarm forces and on
reporting to | ||
law enforcement agencies.
| ||
(7) Fire prevention, fire equipment, and fire
safety.
| ||
(8) Civil rights and public relations.
| ||
(9) The identification of terrorists, acts of | ||
terrorism, and terrorist organizations, as defined by | ||
federal and State statutes.
| ||
Pursuant to directives set forth by the U.S. Department of | ||
Homeland Security and the provisions set forth by the National | ||
Fire Protection Association in the National Fire Alarm Code and | ||
the Life Safety Code, training may include the installation, |
repair, and maintenance of emergency communication systems and | ||
mass notification systems. | ||
(b) All other employees of a private alarm contractor
| ||
agency shall complete a minimum of 20 hours of training
| ||
provided by a qualified instructor within 30 days of their
| ||
employment. The substance of the training shall be related to
| ||
the work performed by the registered employee.
| ||
(c) It is the responsibility of the employer to certify,
on | ||
forms provided by the Department, that the employee
has | ||
successfully completed the training. The form shall be a
| ||
permanent record of training completed by the employee and
| ||
shall be placed in the employee's file with the employer for
| ||
the term the employee is retained by the
employer. A private | ||
alarm contractor agency may place a
notarized copy of the | ||
Department form in lieu of the original
into the permanent | ||
employee registration card file. The
form shall be returned to | ||
the employee when his
or her employment is terminated. Failure | ||
to return the
form to the employee is grounds for discipline. | ||
The employee shall not be
required to
complete the training | ||
required under this Act
once the employee has been issued a | ||
form.
| ||
(d) Nothing in this Act prevents any employer from
| ||
providing or requiring additional training beyond the required
| ||
20 hours that the employer feels is necessary and appropriate
| ||
for competent job performance.
| ||
(e) Any certification of completion of the 20-hour
basic |
training issued under the Private Detective, Private
Alarm, | ||
Private Security, and Locksmith Act of 1993 or any
prior Act | ||
shall be accepted as proof of training under this
Act.
| ||
(Source: P.A. 95-613, eff. 9-11-07; 96-847, eff. 6-1-10 .)
| ||
(225 ILCS 447/25-20)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 25-20. Training; private security contractor and
| ||
employees. | ||
(a) Registered employees of the private security
| ||
contractor agency who provide traditional guarding or other
| ||
private security related functions or who respond to alarm
| ||
systems shall complete, within 30 days of their employment, a
| ||
minimum of 20 hours of classroom basic training provided by a
| ||
qualified instructor, which shall include the following
| ||
subjects:
| ||
(1) The law regarding arrest and search and seizure
as | ||
it applies to private security.
| ||
(2) Civil and criminal liability for acts related
to | ||
private security.
| ||
(3) The use of force, including but not limited to
the | ||
use of nonlethal force (i.e., disabling spray, baton,
| ||
stungun or similar weapon).
| ||
(4) Arrest and control techniques.
| ||
(5) The offenses under the Criminal Code of 2012 1961
| ||
that are directly related to the protection of persons and
|
property.
| ||
(6) The law on private security forces and on
reporting | ||
to law enforcement agencies.
| ||
(7) Fire prevention, fire equipment, and fire
safety.
| ||
(8) The procedures for service of process and for
| ||
report writing.
| ||
(9) Civil rights and public relations.
| ||
(10) The identification of terrorists, acts of | ||
terrorism, and terrorist organizations, as defined by | ||
federal and State statutes.
| ||
(b) All other employees of a private security contractor
| ||
agency shall complete a minimum of 20 hours of training
| ||
provided by the qualified instructor within 30 days of their
| ||
employment. The substance of the training shall be related to
| ||
the work performed by the registered employee.
| ||
(c) Registered employees of the private security | ||
contractor agency who
provide
guarding or other private | ||
security related functions, in addition to the
classroom | ||
training
required under subsection (a), within 6 months of | ||
their employment,
shall complete
an additional 8 hours of | ||
training on subjects to be determined by the
employer, which
| ||
training may be site-specific and may be conducted on the job.
| ||
(d) In addition to the basic training provided for in | ||
subsections (a) and
(c),
registered employees of the private | ||
security contractor agency who provide
guarding or other
| ||
private security related functions
shall complete an
|
additional
8 hours of refresher training on subjects to be | ||
determined by the
employer
each calendar year commencing with | ||
the
calendar year
following the employee's first employment | ||
anniversary date,
which
refresher training may be | ||
site-specific and may be conducted on the job.
| ||
(e) It is the responsibility of the employer to certify,
on | ||
a form provided by the Department, that the employee has
| ||
successfully completed the basic and refresher training. The
| ||
form shall be a permanent record of training completed by the
| ||
employee and shall be placed in the employee's file with the
| ||
employer for the period the employee remains with the
employer. | ||
An agency may place a notarized copy of the
Department form in | ||
lieu of the original into the permanent
employee registration | ||
card file. The original form shall be
given to the employee | ||
when his or her employment is
terminated. Failure to return the | ||
original form to the
employee is grounds for disciplinary | ||
action. The employee
shall not be required to repeat the | ||
required training once the
employee has been issued the form. | ||
An employer may provide or
require additional training.
| ||
(f) Any certification of completion of the 20-hour basic
| ||
training issued under the Private Detective, Private Alarm,
| ||
Private Security and Locksmith Act of 1993 or any prior Act
| ||
shall be accepted as proof of training under this Act.
| ||
(Source: P.A. 95-613, eff. 9-11-07.)
| ||
Section 460. The Solicitation for Charity Act is amended by |
changing Sections 7.5, 9, and 16.5 as follows:
| ||
(225 ILCS 460/7.5)
| ||
Sec. 7.5. Public Safety Personnel Organization.
| ||
(a) Every Public Safety Personnel Organization that | ||
solicits
contributions
from the public shall, in addition to | ||
other provisions of this Act:
| ||
(1) Have as a condition of public solicitation a | ||
provision included in
every
professional
fund raiser | ||
contract providing that the professional fund raiser | ||
shall: (A)
maintain and deliver to the
organization a list | ||
of the names and addresses of all contributors and
| ||
purchasers of merchandise, goods,
services,
memberships, | ||
and advertisements; (B) deliver the list of the current | ||
year
semiannually of each contribution or
purchase and | ||
specify the amount of the contribution or purchase and the | ||
date of
the transaction;
and (C) assign ownership of the | ||
list to the Public Safety Personnel
Organization.
| ||
The obligation required by this subdivision (1) does | ||
not apply
to a professional fund raiser under the following | ||
conditions:
| ||
(i) the professional fund raiser does not have | ||
access to information to
create and
maintain the list | ||
and the Public Safety Personnel Organization obtained | ||
the
information to create and maintain the list
under | ||
the fund raising campaign by other means; or
|
(ii) the Public Safety Personnel Organization and | ||
the professional fund
raiser agree to waive the | ||
obligation required by this subdivision (1).
| ||
(2) Act in accordance with Section 17-2 of the
Criminal | ||
Code of
2012 1961 , and violation of this Section shall also | ||
be
subject to separate
civil remedy hereunder.
| ||
(b) Any professional fund raiser who willfully violates the | ||
provisions of
this Section
may in
addition to other remedies be | ||
subject to a fine of $2,000 for each violation,
forfeiture of | ||
all
solicitation fees, and enjoined from operating and | ||
soliciting the
public.
| ||
(c) This Section does not apply to a contract that is in | ||
effect on the
effective date of this amendatory Act of the 91st | ||
General Assembly
(unless the contract is extended,
renewed, or | ||
revised on or after the effective date of this amendatory Act | ||
of
the 91st General Assembly, in which case this Section | ||
applies to
the contract on and after the date
on which the | ||
extension, renewal, or revision takes place).
| ||
(Source: P.A. 91-301, eff. 7-29-99.)
| ||
(225 ILCS 460/9) (from Ch. 23, par. 5109)
| ||
Sec. 9.
(a) An action for violation of this Act may be | ||
prosecuted by the
Attorney General in the name of the people of | ||
the State, and in any such
action, the Attorney General shall | ||
exercise all the powers and perform all
duties which the | ||
State's Attorney would otherwise be authorized to exercise
or |
to perform therein.
| ||
(b) This Act shall not be construed to limit or restrict | ||
the exercise of
the powers or the performance of the duties of | ||
the Attorney General which
he otherwise is authorized to | ||
exercise or perform under any other provision
of law by statute | ||
or otherwise.
| ||
(c) Whenever the Attorney General shall have reason to | ||
believe that any
charitable organization, professional fund | ||
raiser, or professional
solicitor is operating in violation of | ||
the provisions of this Act, or if
any of the principal officers | ||
of any charitable organization has refused or
failed, after | ||
notice, to produce any records of such organization or there
is | ||
employed or is about to be employed in any solicitation or | ||
collection of
contributions for a charitable organization any | ||
device, scheme, or artifice
to defraud or for obtaining money | ||
or property by means of any false
pretense, representation or | ||
promise, or any false statement has been made
in any | ||
application, registration or statement required to be filed | ||
pursuant
to this Act, in addition to any other action | ||
authorized by law, he may
bring in the circuit court an action | ||
in the name, and on behalf of the
people of the State of | ||
Illinois against such charitable organization and
any other | ||
person who has participated or is about to participate in such
| ||
solicitation or collection by employing such device, scheme, | ||
artifice,
false representation or promise, to enjoin such | ||
charitable organization or
other person from continuing such |
solicitation or collection or engaging
therein or doing any | ||
acts in furtherance thereof, or to cancel any
registration | ||
statement previously filed with the Attorney General.
| ||
In connection with such proposed action the Attorney | ||
General is
authorized to take proof in the manner provided in | ||
Section 2-1003
of the Code of Civil Procedure.
| ||
(d) Upon a showing by the Attorney General in an | ||
application for an
injunction that any person engaged in the | ||
solicitation or collection of
funds for charitable purposes, | ||
either as an individual or as a member of a
copartnership, or | ||
as an officer of a corporation or as an agent for some
other | ||
person, or copartnership or corporation, has been convicted in | ||
this
State or elsewhere of a felony or of a misdemeanor where | ||
such felony or
misdemeanor involved the misappropriation, | ||
misapplication or misuse of the
money or property of another, | ||
he may enjoin such persons from engaging in
any solicitation or | ||
collection of funds for charitable purposes.
| ||
(e) The Attorney General may exercise the authority granted | ||
in this
Section against any charitable organization or person | ||
which or who operates
under the guise or pretense of being an | ||
organization exempted by the
provisions of Section 3 and is not | ||
in fact an organization entitled to
such an exemption.
| ||
(f) In any action brought under the provisions of this Act, | ||
the Attorney
General is entitled to recover costs for the use | ||
of this State.
| ||
(g) Any person who knowingly violates this Section may be |
enjoined
from such conduct, removed from office, enjoined from | ||
acting for charity
and subject to punitive damages as deemed | ||
appropriate by the circuit
court.
| ||
(h) Any person who violates this Section shall not be | ||
entitled to keep
or receive monies, fees, salaries, commissions | ||
or any compensation, as a
result of the solicitations or fund | ||
raising campaigns, and at the request
of the Attorney General | ||
such monies, fees, salaries, commissions or any
compensation | ||
shall be forfeited and subject to distribution to charitable
| ||
use as a court of equity determines.
| ||
(i) The Attorney General may publish an annual report of | ||
all charitable
organizations based on information contained in | ||
reports filed hereunder
stating the amount of money each | ||
organization received through solicitation
and the amount of | ||
money which was expended on program service activity and
the | ||
percentage of the solicited assets that were expended on | ||
charitable activity.
| ||
(j) The Attorney General shall cancel the registration of | ||
any
organization, professional fund raiser, or professional | ||
solicitor who
violates the provisions of this Section.
| ||
(k) Any person who solicits financial contributions or the | ||
sale of
merchandise, goods,
services, memberships, or | ||
advertisements in violation of the prohibitions of
subsection | ||
(d-1) of
Section 11 of this Act, or commits false personation, | ||
use
of title, or
solicitation as defined by Section 17-2 of the | ||
Criminal Code of 2012 1961 shall, in
addition to any other |
penalties provided for by law, be subject to civil remedy
by | ||
cause of action brought by the Attorney General or a
Public | ||
Safety Personnel Organization affected by the violation.
| ||
In addition to equitable relief, a successful claimant or | ||
the Attorney
General shall recover damages of
triple the amount | ||
collected as a result of solicitations made in violation of
| ||
this Act, plus
reasonable attorney's fees and costs.
| ||
A plaintiff in any suit filed under this Section shall
| ||
serve a copy of all
pleadings on the Attorney General and the | ||
State's Attorney for the county in
which the suit is
filed.
| ||
(Source: P.A. 91-301, eff. 7-29-99.)
| ||
(225 ILCS 460/16.5)
| ||
Sec. 16.5. Terrorist acts.
| ||
(a) Any person or organization subject to registration | ||
under
this Act, who knowingly acts to further, directly or | ||
indirectly, or knowingly
uses charitable
assets to conduct or | ||
further, directly or indirectly, an act or actions as set
forth | ||
in Article 29D of the Criminal Code of 2012 1961 , is thereby | ||
engaged in an act
or actions contrary to public policy and | ||
antithetical to charity, and all of
the funds, assets, and | ||
records of the person or organization shall be
subject to | ||
temporary and permanent injunction from use or expenditure and | ||
the
appointment of a temporary and permanent receiver to take | ||
possession of all of
the assets and related records.
| ||
(b) An ex parte action may be commenced by the Attorney
|
General, and, upon a showing of probable cause of a
violation | ||
of this Section or Article 29D of the Criminal Code
of 2012 | ||
1961 , an immediate seizure of books and records
by the Attorney | ||
General by and through his or her assistants
or investigators | ||
or the Department of State Police and freezing of all assets
| ||
shall be
made by order of a court to protect the public, | ||
protect the
assets, and allow a full review of the records.
| ||
(c) Upon a finding by a court after a hearing that a person | ||
or
organization has acted or is in violation of this Section, | ||
the person
or organization shall be permanently enjoined from | ||
soliciting funds from
the public, holding charitable funds, or | ||
acting as a trustee or fiduciary
within Illinois. Upon a | ||
finding of violation all assets and funds
held by the person or | ||
organization shall be forfeited to the People of
the State of | ||
Illinois or otherwise ordered by the court to be accounted
for | ||
and marshaled and then delivered to charitable causes and uses | ||
within
the State of Illinois by court order.
| ||
(d) A determination under this Section may be made by any
| ||
court separate and apart from any criminal
proceedings and the | ||
standard of proof shall be that for civil proceedings.
| ||
(e) Any knowing use of charitable assets to conduct or | ||
further, directly or
indirectly, an act or actions set forth in | ||
Article 29D of the Criminal Code of
2012 1961 shall be a misuse | ||
of charitable assets and breach of fiduciary duty
relative to | ||
all other Sections of this Act.
| ||
(Source: P.A. 92-854, eff. 12-5-02.)
|
Section 465. The Illinois Horse Racing Act of 1975 is | ||
amended by changing Sections 3.15, 3.29, and 41 as follows:
| ||
(230 ILCS 5/3.15) (from Ch. 8, par. 37-3.15)
| ||
Sec. 3.15.
"Public official" means a person who is a public | ||
officer, as
defined in
Section 2-18 of the Criminal Code of | ||
2012 1961 , of the
State or any municipality, county or | ||
township.
| ||
(Source: P.A. 79-1185 .)
| ||
(230 ILCS 5/3.29)
| ||
Sec. 3.29. Advance deposit wagering. "Advance deposit | ||
wagering" means a method of pari-mutuel wagering in which an | ||
individual may establish an account, deposit money into the | ||
account, and use the account balance to pay for pari-mutuel | ||
wagering authorized by this Act. An advance deposit wager may | ||
be placed in person at a wagering facility or from any other | ||
location via a telephone-type device or any other electronic | ||
means. Any person who accepts an advance deposit wager who is | ||
not licensed by the Board as an advance deposit wagering | ||
licensee shall be considered in violation of this Act and the | ||
Criminal Code of 2012 1961 . Any advance deposit wager placed in | ||
person at a wagering facility shall be deemed to have been | ||
placed at that wagering facility.
| ||
(Source: P.A. 96-762, eff. 8-25-09.)
|
(230 ILCS 5/41) (from Ch. 8, par. 37-41)
| ||
Sec. 41.
Article 28 of the " Criminal Code of 2012 1961" ,
as | ||
now or hereafter amended, and all other Acts or parts of Acts
| ||
inconsistent with the provisions of this Act shall not apply to
| ||
pari-mutuel wagering in manner and form as
provided by this Act | ||
at any horse race meeting held by any person
having an | ||
organization license for the holding of such horse
race meeting | ||
as provided by this Act.
| ||
(Source: P.A. 89-16, eff. 5-30-95.)
| ||
Section 470. The Riverboat Gambling Act is amended by | ||
changing Sections 7, 7.4, 8, 9, 18, and 19 as follows:
| ||
(230 ILCS 10/7) (from Ch. 120, par. 2407)
| ||
Sec. 7. Owners Licenses.
| ||
(a) The Board shall issue owners licenses to persons, firms | ||
or
corporations which apply for such licenses upon payment to | ||
the Board of the
non-refundable license fee set by the Board, | ||
upon payment of a $25,000
license fee for the first year of | ||
operation and a $5,000 license fee for
each succeeding year and | ||
upon a determination by the Board that the
applicant is | ||
eligible for an owners license pursuant to this Act and the
| ||
rules of the Board. From the effective date of this amendatory | ||
Act of the 95th General Assembly until (i) 3 years after the | ||
effective date of this amendatory Act of the 95th General |
Assembly, (ii) the date any organization licensee begins to | ||
operate a slot machine or video game of chance under the | ||
Illinois Horse Racing Act of 1975 or this Act, (iii) the date | ||
that payments begin under subsection (c-5) of Section 13 of the | ||
Act, or (iv) the wagering tax imposed under Section 13 of this | ||
Act is increased by law to reflect a tax rate that is at least | ||
as stringent or more stringent than the tax rate contained in | ||
subsection (a-3) of Section 13, whichever occurs first, as a | ||
condition of licensure and as an alternative source of payment | ||
for those funds payable under subsection (c-5) of Section 13 of | ||
the Riverboat Gambling Act, any owners licensee that holds or | ||
receives its owners license on or after the effective date of | ||
this amendatory Act of the 94th General Assembly, other than an | ||
owners licensee operating a riverboat with adjusted gross | ||
receipts in calendar year 2004 of less than $200,000,000, must | ||
pay into the Horse Racing Equity Trust Fund, in addition to any | ||
other payments required under this Act, an amount equal to 3% | ||
of the adjusted gross receipts received by the owners licensee. | ||
The payments required under this Section shall be made by the | ||
owners licensee to the State Treasurer no later than 3:00 | ||
o'clock p.m. of the day after the day when the adjusted gross | ||
receipts were received by the owners licensee. A person, firm | ||
or corporation is ineligible to receive
an owners license if:
| ||
(1) the person has been convicted of a felony under the | ||
laws of this
State, any other state, or the United States;
| ||
(2) the person has been convicted of any violation of |
Article 28 of the
Criminal Code of 1961 or the Criminal | ||
Code of 2012 , or substantially similar laws of any other | ||
jurisdiction;
| ||
(3) the person has submitted an application for a | ||
license under this
Act which contains false information;
| ||
(4) the person is
a member of the Board;
| ||
(5) a person defined in (1), (2), (3) or (4) is an | ||
officer, director or
managerial employee of the firm or | ||
corporation;
| ||
(6) the firm or corporation employs a person defined in | ||
(1), (2), (3) or
(4) who participates in the management or | ||
operation of gambling operations
authorized under this | ||
Act;
| ||
(7) (blank); or
| ||
(8) a license of the person, firm or corporation issued | ||
under
this Act, or a license to own or operate gambling | ||
facilities
in any other jurisdiction, has been revoked.
| ||
The Board is expressly prohibited from making changes to | ||
the requirement that licensees make payment into the Horse | ||
Racing Equity Trust Fund without the express authority of the | ||
Illinois General Assembly and making any other rule to | ||
implement or interpret this amendatory Act of the 95th General | ||
Assembly. For the purposes of this paragraph, "rules" is given | ||
the meaning given to that term in Section 1-70 of the Illinois | ||
Administrative Procedure Act. | ||
(b) In determining whether to grant an owners license to an |
applicant, the
Board shall consider:
| ||
(1) the character, reputation, experience and | ||
financial integrity of the
applicants and of any other or | ||
separate person that either:
| ||
(A) controls, directly or indirectly, such | ||
applicant, or
| ||
(B) is controlled, directly or indirectly, by such | ||
applicant or by a
person which controls, directly or | ||
indirectly, such applicant;
| ||
(2) the facilities or proposed facilities for the | ||
conduct of riverboat
gambling;
| ||
(3) the highest prospective total revenue to be derived | ||
by the State
from the conduct of riverboat gambling;
| ||
(4) the extent to which the ownership of the applicant | ||
reflects the
diversity of the State by including minority | ||
persons, females, and persons with a disability
and the | ||
good faith affirmative action plan of
each applicant to | ||
recruit, train and upgrade minority persons, females, and | ||
persons with a disability in all employment | ||
classifications;
| ||
(5) the financial ability of the applicant to purchase | ||
and maintain
adequate liability and casualty insurance;
| ||
(6) whether the applicant has adequate capitalization | ||
to provide and
maintain, for the duration of a license, a | ||
riverboat;
| ||
(7) the extent to which the applicant exceeds or meets |
other standards
for the issuance of an owners license which | ||
the Board may adopt by rule;
and
| ||
(8) The amount of the applicant's license bid.
| ||
(c) Each owners license shall specify the place where | ||
riverboats shall
operate and dock.
| ||
(d) Each applicant shall submit with his application, on | ||
forms
provided by the Board, 2 sets of his fingerprints.
| ||
(e) The Board may issue up to 10 licenses authorizing the | ||
holders of such
licenses to own riverboats. In the application | ||
for an owners license, the
applicant shall state the dock at | ||
which the riverboat is based and the water
on which the | ||
riverboat will be located. The Board shall issue 5 licenses to
| ||
become effective not earlier than January 1, 1991. Three of | ||
such licenses
shall authorize riverboat gambling on the | ||
Mississippi River, or, with approval
by the municipality in | ||
which the
riverboat was docked on August 7, 2003 and with Board | ||
approval, be authorized to relocate to a new location,
in a
| ||
municipality that (1) borders on the Mississippi River or is | ||
within 5
miles of the city limits of a municipality that | ||
borders on the Mississippi
River and (2), on August 7, 2003, | ||
had a riverboat conducting riverboat gambling operations | ||
pursuant to
a license issued under this Act; one of which shall | ||
authorize riverboat
gambling from a home dock in the city of | ||
East St. Louis. One other license
shall
authorize riverboat | ||
gambling on
the Illinois River south of Marshall County. The | ||
Board shall issue one
additional license to become effective |
not earlier than March 1, 1992, which
shall authorize riverboat | ||
gambling on the Des Plaines River in Will County.
The Board may | ||
issue 4 additional licenses to become effective not
earlier | ||
than
March 1, 1992. In determining the water upon which | ||
riverboats will operate,
the Board shall consider the economic | ||
benefit which riverboat gambling confers
on the State, and | ||
shall seek to assure that all regions of the State share
in the | ||
economic benefits of riverboat gambling.
| ||
In granting all licenses, the Board may give favorable | ||
consideration to
economically depressed areas of the State, to | ||
applicants presenting plans
which provide for significant | ||
economic development over a large geographic
area, and to | ||
applicants who currently operate non-gambling riverboats in
| ||
Illinois.
The Board shall review all applications for owners | ||
licenses,
and shall inform each applicant of the Board's | ||
decision.
The Board may grant an owners license to an
applicant | ||
that has not submitted the highest license bid, but if it does | ||
not
select the highest bidder, the Board shall issue a written | ||
decision explaining
why another
applicant was selected and | ||
identifying the factors set forth in this Section
that favored | ||
the winning bidder.
| ||
In addition to any other revocation powers granted to the | ||
Board under this
Act,
the Board may revoke the owners license | ||
of a licensee which fails
to begin conducting gambling within | ||
15 months
of receipt of the
Board's approval of the application | ||
if the Board determines that license
revocation is in the best |
interests of the State.
| ||
(f) The first 10 owners licenses issued under this Act | ||
shall permit the
holder to own up to 2 riverboats and equipment | ||
thereon
for a period of 3 years after the effective date of the | ||
license. Holders of
the first 10 owners licenses must pay the | ||
annual license fee for each of
the 3
years during which they | ||
are authorized to own riverboats.
| ||
(g) Upon the termination, expiration, or revocation of each | ||
of the first
10 licenses, which shall be issued for a 3 year | ||
period, all licenses are
renewable annually upon payment of the | ||
fee and a determination by the Board
that the licensee | ||
continues to meet all of the requirements of this Act and the
| ||
Board's rules.
However, for licenses renewed on or after May 1, | ||
1998, renewal shall be
for a period of 4 years, unless the | ||
Board sets a shorter period.
| ||
(h) An owners license shall entitle the licensee to own up | ||
to 2
riverboats. A licensee shall limit the number of gambling | ||
participants to
1,200 for any such owners license.
A licensee | ||
may operate both of its riverboats concurrently, provided that | ||
the
total number of gambling participants on both riverboats | ||
does not exceed
1,200. Riverboats licensed to operate on the
| ||
Mississippi River and the Illinois River south of Marshall | ||
County shall
have an authorized capacity of at least 500 | ||
persons. Any other riverboat
licensed under this Act shall have | ||
an authorized capacity of at least 400
persons.
| ||
(i) A licensed owner is authorized to apply to the Board |
for and, if
approved therefor, to receive all licenses from the | ||
Board necessary for the
operation of a riverboat, including a | ||
liquor license, a license
to prepare and serve food for human | ||
consumption, and other necessary
licenses. All use, occupation | ||
and excise taxes which apply to the sale of
food and beverages | ||
in this State and all taxes imposed on the sale or use
of | ||
tangible personal property apply to such sales aboard the | ||
riverboat.
| ||
(j) The Board may issue or re-issue a license authorizing a | ||
riverboat to
dock
in a municipality or approve a relocation | ||
under Section 11.2 only if, prior
to the issuance or | ||
re-issuance of
the license or approval, the governing body of | ||
the municipality in which
the riverboat will dock has by a | ||
majority vote approved the docking of
riverboats in the | ||
municipality. The Board may issue or re-issue a license
| ||
authorizing a
riverboat to dock in areas of a county outside | ||
any municipality or approve a
relocation under Section 11.2 | ||
only if, prior to the issuance or re-issuance
of the license
or | ||
approval, the
governing body of the county has by a majority | ||
vote approved of the docking of
riverboats within such areas.
| ||
(Source: P.A. 95-1008, eff. 12-15-08; 96-1392, eff. 1-1-11.)
| ||
(230 ILCS 10/7.4)
| ||
Sec. 7.4. Managers licenses.
| ||
(a) A qualified person may apply to the Board for a | ||
managers license to
operate
and manage any gambling operation |
conducted by the State. The application shall
be
made on forms | ||
provided by the Board and shall contain such information as the
| ||
Board
prescribes, including but not limited to information | ||
required in Sections 6(a),
(b), and
(c) and information | ||
relating to the applicant's proposed price to manage State
| ||
gambling
operations and to provide the riverboat, gambling | ||
equipment, and supplies
necessary to
conduct State gambling | ||
operations.
| ||
(b) Each applicant must submit evidence to the Board that | ||
minority persons
and
females hold ownership interests in the | ||
applicant of at least 16% and 4%,
respectively.
| ||
(c) A person, firm, or corporation is ineligible to receive | ||
a managers
license if:
| ||
(1) the person has been convicted of a felony under the | ||
laws of this
State, any other state, or the United States;
| ||
(2) the person has been convicted of any violation of | ||
Article 28 of
the Criminal Code of 1961 or the Criminal | ||
Code of 2012 , or substantially similar laws of any other
| ||
jurisdiction;
| ||
(3) the person has submitted an application for a | ||
license under this
Act which contains false information;
| ||
(4) the person is a member of the Board;
| ||
(5) a person defined in (1), (2), (3), or (4) is an | ||
officer, director, or
managerial employee of the firm or | ||
corporation;
| ||
(6) the firm or corporation employs a person defined in |
(1), (2), (3),
or (4) who participates in the management or | ||
operation of gambling
operations authorized under this | ||
Act; or
| ||
(7) a license of the person, firm, or corporation | ||
issued under this Act,
or
a license to own or operate | ||
gambling facilities in any other jurisdiction, has
been | ||
revoked.
| ||
(d) Each applicant shall submit with his or her | ||
application, on forms
prescribed by
the Board, 2 sets of his or | ||
her fingerprints.
| ||
(e) The Board shall charge each applicant a fee, set by the | ||
Board, to defray
the costs associated with the background | ||
investigation conducted by the
Board.
| ||
(f) A person who knowingly makes a false statement on an | ||
application is
guilty of a Class A misdemeanor.
| ||
(g) The managers license shall be for a term not to exceed | ||
10 years, shall
be
renewable at the Board's option, and shall | ||
contain such terms and
provisions as the Board deems necessary | ||
to protect or enhance the
credibility and integrity of State | ||
gambling operations, achieve the highest
prospective total | ||
revenue to the State, and otherwise serve the interests of
the | ||
citizens of Illinois.
| ||
(h) Issuance of a managers license shall be subject to an | ||
open and
competitive bidding
process. The Board may select an | ||
applicant other than the lowest bidder by
price. If it does not | ||
select the lowest bidder, the Board shall issue a notice
of who
|
the lowest bidder was and a written decision as to why another | ||
bidder was
selected.
| ||
(Source: P.A. 93-28, eff. 6-20-03.)
| ||
(230 ILCS 10/8) (from Ch. 120, par. 2408)
| ||
Sec. 8. Suppliers licenses.
| ||
(a) The Board may issue a suppliers license to such | ||
persons, firms or
corporations which apply therefor upon the | ||
payment of a non-refundable
application fee set by the Board, | ||
upon a determination by the Board that
the applicant is | ||
eligible for a suppliers license and upon payment of a
$5,000 | ||
annual license
fee.
| ||
(b) The holder of a suppliers license is authorized to sell | ||
or lease,
and to contract to sell or lease, gambling equipment | ||
and supplies to any
licensee involved in the ownership or | ||
management of gambling operations.
| ||
(c) Gambling supplies and equipment may not be distributed
| ||
unless supplies and equipment conform to standards adopted by
| ||
rules of the Board.
| ||
(d) A person, firm or corporation is ineligible to receive | ||
a suppliers
license if:
| ||
(1) the person has been convicted of a felony under the | ||
laws of this
State, any other state, or the United States;
| ||
(2) the person has been convicted of any violation of | ||
Article 28 of the
Criminal Code of 1961 or the Criminal | ||
Code of 2012 , or substantially similar laws of any other |
jurisdiction;
| ||
(3) the person has submitted an application for a | ||
license under this
Act which contains false information;
| ||
(4) the person is a member of the Board;
| ||
(5) the firm or corporation is one in which a person | ||
defined in (1),
(2), (3) or (4), is an officer, director or | ||
managerial employee;
| ||
(6) the firm or corporation employs a person who | ||
participates in the
management or operation of riverboat | ||
gambling authorized under this Act;
| ||
(7) the license of the person, firm or corporation | ||
issued under
this Act, or a license to own or operate | ||
gambling facilities
in any other jurisdiction, has been | ||
revoked.
| ||
(e) Any person that supplies any equipment, devices, or | ||
supplies to a
licensed riverboat gambling operation must first | ||
obtain a suppliers
license. A supplier shall furnish to the | ||
Board a list of all equipment,
devices and supplies offered for | ||
sale or lease in connection with gambling
games authorized | ||
under this Act. A supplier shall keep books and records
for the | ||
furnishing of equipment, devices and supplies to gambling
| ||
operations separate and distinct from any other business that | ||
the supplier
might operate. A supplier shall file a quarterly | ||
return with the Board
listing all sales and leases. A supplier | ||
shall permanently affix its name
to all its equipment, devices, | ||
and supplies for gambling operations.
Any supplier's |
equipment, devices or supplies which are used by any person
in | ||
an unauthorized gambling operation shall be forfeited to the | ||
State. A
licensed owner may own its own equipment, devices and | ||
supplies. Each
holder of an owners license under the Act shall | ||
file an annual report
listing its inventories of gambling | ||
equipment, devices and supplies.
| ||
(f) Any person who knowingly makes a false statement on an | ||
application
is guilty of a Class A misdemeanor.
| ||
(g) Any gambling equipment, devices and supplies provided | ||
by any
licensed supplier may either be repaired on the | ||
riverboat or removed from
the riverboat to an on-shore facility | ||
owned by the holder of an owners
license for repair.
| ||
(Source: P.A. 86-1029; 87-826.)
| ||
(230 ILCS 10/9) (from Ch. 120, par. 2409)
| ||
Sec. 9. Occupational licenses.
| ||
(a) The Board may issue an occupational license to an | ||
applicant upon the
payment of a non-refundable fee set by the | ||
Board, upon a determination by
the Board that the applicant is | ||
eligible for an occupational license and
upon payment of an | ||
annual license fee in an amount to be established. To
be | ||
eligible for an occupational license, an applicant must:
| ||
(1) be at least 21 years of age if the applicant will | ||
perform any
function involved in gaming by patrons. Any | ||
applicant seeking an
occupational license for a non-gaming | ||
function shall be at least 18 years
of age;
|
(2) not have been convicted of a felony offense, a | ||
violation of Article
28 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 , or a similar statute of any other
| ||
jurisdiction;
| ||
(2.5) not have been convicted of a crime, other than a | ||
crime described in item (2) of this subsection (a), | ||
involving dishonesty or moral turpitude, except that the | ||
Board may, in its discretion, issue an occupational license | ||
to a person who has been convicted of a crime described in | ||
this item (2.5) more than 10 years prior to his or her | ||
application and has not subsequently been convicted of any | ||
other crime;
| ||
(3) have demonstrated a level of skill or knowledge | ||
which the Board
determines to be necessary in order to | ||
operate gambling aboard a riverboat; and
| ||
(4) have met standards for the holding of an | ||
occupational license as
adopted by rules of the Board. Such | ||
rules shall provide that any person or
entity seeking an | ||
occupational license to manage gambling operations
| ||
hereunder shall be subject to background inquiries and | ||
further requirements
similar to those required of | ||
applicants for an owners license.
Furthermore, such rules | ||
shall provide that each such entity shall be
permitted to | ||
manage gambling operations for only one licensed owner.
| ||
(b) Each application for an occupational license shall be | ||
on forms
prescribed by the Board and shall contain all |
information required by the
Board. The applicant shall set | ||
forth in the application: whether he has been
issued prior | ||
gambling related licenses; whether he has been licensed in any
| ||
other state under any other name, and, if so, such name and his | ||
age; and
whether or not a permit or license issued to him in | ||
any other state has
been suspended, restricted or revoked, and, | ||
if so, for what period of time.
| ||
(c) Each applicant shall submit with his application, on | ||
forms provided
by the Board, 2 sets of his fingerprints. The | ||
Board shall charge each
applicant a fee set by the Department | ||
of State Police to defray the costs
associated with the search | ||
and classification of fingerprints obtained by
the Board with | ||
respect to the applicant's application. These fees shall be
| ||
paid into the State Police Services Fund.
| ||
(d) The Board may in its discretion refuse an occupational | ||
license to
any person: (1) who is unqualified to perform the | ||
duties required of such
applicant; (2) who fails to disclose or | ||
states falsely any information
called for in the application; | ||
(3) who has been found guilty of a
violation of this Act or | ||
whose prior gambling related license or
application therefor | ||
has been suspended, restricted, revoked or denied for
just | ||
cause in any other state; or (4) for any other just cause.
| ||
(e) The Board may suspend, revoke or restrict any | ||
occupational licensee:
(1) for violation of any provision of | ||
this Act; (2) for violation of any
of the rules and regulations | ||
of the Board; (3) for any cause which, if
known to the Board, |
would have disqualified the applicant from receiving
such | ||
license; or (4) for default in the payment of any obligation or | ||
debt
due to the State of Illinois; or (5) for any other just | ||
cause.
| ||
(f) A person who knowingly makes a false statement on an | ||
application is
guilty of a Class A misdemeanor.
| ||
(g) Any license issued pursuant to this Section shall be | ||
valid for a
period of one year from the date of issuance.
| ||
(h) Nothing in this Act shall be interpreted to prohibit a | ||
licensed
owner from entering into an agreement with a public | ||
community college or a school approved under the
Private | ||
Business and Vocational Schools Act of 2012 for the training of | ||
any
occupational licensee. Any training offered by such a | ||
school shall be in
accordance with a written agreement between | ||
the licensed owner and the school.
| ||
(i) Any training provided for occupational licensees may be | ||
conducted
either on the riverboat or at a school with which a | ||
licensed owner has
entered into an agreement pursuant to | ||
subsection (h).
| ||
(Source: P.A. 96-1392, eff. 1-1-11; 97-650, eff. 2-1-12.)
| ||
(230 ILCS 10/18) (from Ch. 120, par. 2418)
| ||
Sec. 18. Prohibited Activities - Penalty.
| ||
(a) A person is guilty of a Class A misdemeanor for doing | ||
any of the
following:
| ||
(1) Conducting gambling where wagering
is used or to be |
used
without a license issued by the Board.
| ||
(2) Conducting gambling where wagering
is permitted | ||
other
than in the manner specified by Section 11.
| ||
(b) A person is guilty of a Class B misdemeanor for doing | ||
any of the
following:
| ||
(1) permitting a person under 21 years to make a wager; | ||
or
| ||
(2) violating paragraph (12) of subsection (a) of | ||
Section 11 of this Act.
| ||
(c) A person wagering or accepting a wager at any location | ||
outside the
riverboat is subject to the penalties in paragraphs | ||
(1) or (2) of
subsection (a) of Section 28-1 of the Criminal | ||
Code of 2012 1961 .
| ||
(d) A person commits a Class 4 felony and, in addition, | ||
shall be barred
for life from riverboats under the jurisdiction | ||
of the
Board, if the person does any of the following:
| ||
(1) Offers, promises, or gives anything of value or | ||
benefit to a person
who is connected with a riverboat owner | ||
including, but
not limited to, an officer or employee of a | ||
licensed owner or holder of an
occupational license | ||
pursuant to an agreement or arrangement or with the
intent | ||
that the promise or thing of value or benefit will | ||
influence the
actions of the person to whom the offer, | ||
promise, or gift was made in order
to affect or attempt to | ||
affect the outcome of a gambling game, or to
influence | ||
official action of a member of the Board.
|
(2) Solicits or knowingly accepts or receives a promise | ||
of anything of
value or benefit while the person is | ||
connected with a riverboat
including, but not limited to, | ||
an officer or employee of a licensed owner,
or holder of an | ||
occupational license, pursuant to an understanding or
| ||
arrangement or with the intent that the promise or thing of | ||
value or
benefit will influence the actions of the person | ||
to affect or attempt to
affect the outcome of a gambling | ||
game, or to influence official action of a
member of the | ||
Board.
| ||
(3) Uses or possesses with the intent to use a device | ||
to assist:
| ||
(i) In projecting the outcome of the game.
| ||
(ii) In keeping track of the cards played.
| ||
(iii) In analyzing the probability of the | ||
occurrence of an event
relating to the gambling game.
| ||
(iv) In analyzing the strategy for playing or | ||
betting to be used in the
game except as permitted by | ||
the Board.
| ||
(4) Cheats at a gambling game.
| ||
(5) Manufactures, sells, or distributes any cards, | ||
chips, dice, game or
device which is intended to be used to | ||
violate any provision of this Act.
| ||
(6) Alters or misrepresents the outcome of a gambling | ||
game on which
wagers have been made after the outcome is | ||
made sure but before it is
revealed to the players.
|
(7) Places a bet after acquiring knowledge, not | ||
available to all players,
of the outcome of the gambling | ||
game which is subject of the bet or to aid a
person in | ||
acquiring the knowledge for the purpose of placing a bet
| ||
contingent on that outcome.
| ||
(8) Claims, collects, or takes, or attempts to claim, | ||
collect, or take,
money or anything of value in or from the | ||
gambling games, with intent to
defraud, without having made | ||
a wager contingent on winning a gambling game,
or claims, | ||
collects, or takes an amount of money or thing of value of
| ||
greater value than the amount won.
| ||
(9) Uses counterfeit chips or tokens in a gambling | ||
game.
| ||
(10) Possesses any key or device designed for the | ||
purpose of opening,
entering, or affecting the operation of | ||
a gambling game, drop box, or an
electronic or mechanical | ||
device connected with the gambling game or for
removing | ||
coins, tokens, chips or other contents of a gambling game. | ||
This
paragraph (10) does not apply to a gambling licensee | ||
or employee of a
gambling licensee acting in furtherance of | ||
the employee's employment.
| ||
(e) The possession of more than one of the devices | ||
described in
subsection (d), paragraphs (3), (5), or (10) | ||
permits a rebuttable
presumption that the possessor intended to | ||
use the devices for cheating.
| ||
(f) A person under the age of 21 who, except as authorized |
under paragraph (10) of Section 11, enters upon a riverboat | ||
commits a petty offense and is subject to a fine of not less | ||
than $100 or more than $250 for a first offense and of not less | ||
than $200 or more than $500 for a second or subsequent offense. | ||
An action to prosecute any crime occurring on a riverboat
| ||
shall be tried in the county of the dock at which the riverboat | ||
is based.
| ||
(Source: P.A. 96-1392, eff. 1-1-11.)
| ||
(230 ILCS 10/19) (from Ch. 120, par. 2419)
| ||
Sec. 19. Forfeiture of property. (a) Except as provided in
| ||
subsection (b), any riverboat
used for the conduct of gambling | ||
games in violation of this Act shall be
considered a gambling | ||
place in violation of Section 28-3 of the Criminal
Code of 2012 | ||
1961, as now or hereafter amended . Every gambling device found | ||
on
a riverboat operating gambling games in violation of this
| ||
Act shall be subject to seizure, confiscation and destruction | ||
as provided
in Section 28-5 of the Criminal Code of 2012 1961, | ||
as now or hereafter amended .
| ||
(b) It is not a violation of this Act for a riverboat or | ||
other
watercraft which is licensed for gaming by a contiguous | ||
state to dock on
the shores of this State if the municipality | ||
having jurisdiction of the
shores, or the county in the case of | ||
unincorporated areas, has granted
permission for docking and no | ||
gaming is conducted on the riverboat or other
watercraft while | ||
it is docked on the shores of this State.
No gambling device |
shall be subject to seizure, confiscation or
destruction if the | ||
gambling device is located on a riverboat or other
watercraft | ||
which is licensed for gaming by a contiguous state and which is
| ||
docked on the shores of this State if the municipality having | ||
jurisdiction
of the shores, or the county in the case of | ||
unincorporated areas, has
granted permission for docking and no
| ||
gaming is conducted on the riverboat or other watercraft while | ||
it is docked on
the shores of this State.
| ||
(Source: P.A. 86-1029.)
| ||
Section 475. The Raffles Act is amended by changing | ||
Sections 1 and 8.1 as follows:
| ||
(230 ILCS 15/1) (from Ch. 85, par. 2301)
| ||
Sec. 1.
Definitions.) For the purposes of this Act the | ||
terms defined
in this Section have the meanings given them.
| ||
"Net Proceeds" means the gross receipts from the conduct of | ||
raffles, less
reasonable sums expended for prizes, local | ||
license fees and other reasonable
operating expenses incurred | ||
as a result of operating a raffle.
| ||
"Raffle" means a form of lottery, as defined in Section | ||
28-2 (b) of the
" Criminal Code of 2012 1961" , conducted by an | ||
organization licensed under this Act, in which:
| ||
(1) the player pays or agrees to pay something of value for | ||
a chance,
represented and differentiated by a number or by a | ||
combination of numbers
or by some other medium, one or more of |
which chances is to be designated
the winning chance;
| ||
(2) the winning chance is to be determined through a | ||
drawing or by some
other method based on an element of chance | ||
by an act or set of acts on the
part of persons conducting or | ||
connected with the lottery, except that the
winning chance | ||
shall not be determined by the outcome of a publicly exhibited
| ||
sporting contest.
| ||
(Source: P.A. 81-1365.)
| ||
(230 ILCS 15/8.1) (from Ch. 85, par. 2308.1)
| ||
Sec. 8.1. (a) Political Committees. For the purposes of | ||
this Section
the terms defined in this subsection have the | ||
meanings given them.
| ||
"Net Proceeds" means the gross receipts from the conduct of | ||
raffles, less
reasonable sums expended for prizes, license fees | ||
and other reasonable
operating expenses incurred as a result of | ||
operating a raffle.
| ||
"Raffle" means a form of lottery, as defined in Section | ||
28-2 (b) of the
" Criminal Code of 2012 1961" , conducted by a | ||
political committee licensed under
this Section, in which:
| ||
(1) the player pays or agrees to pay something of value | ||
for a chance,
represented and differentiated by a number or | ||
by a combination of numbers
or by some other medium, one or | ||
more of which chances is to be designated
the winning | ||
chance;
| ||
(2) the winning chance is to be determined through a |
drawing or by some
other method based on an element of | ||
chance by an act or set of acts on the
part of persons | ||
conducting or connected with the lottery, except that the
| ||
winning chance shall not be determined by the outcome of a | ||
publicly exhibited
sporting contest.
| ||
"Unresolved claim" means a claim for civil penalty under | ||
Sections
9-3, 9-10, and 9-23
of The Election Code which has | ||
been begun by the State Board of Elections,
has been disputed | ||
by the political committee under the applicable rules of
the | ||
State Board of Elections, and has not been finally decided | ||
either by
the State Board of Elections, or, where application | ||
for review has been
made to the Courts of Illinois, remains | ||
finally undecided by the Courts.
| ||
"Owes" means that a political committee has been finally | ||
determined under
applicable rules of the State Board of | ||
Elections to be liable for a civil
penalty under Sections
9-3, | ||
9-10, and 9-23 of The Election
Code.
| ||
(b) Licenses issued pursuant to this Section shall be valid | ||
for one
raffle or for a specified number of raffles to be | ||
conducted during a
specified period not to exceed one year and | ||
may be suspended or revoked for
any violation of this Section. | ||
The State Board of Elections shall act on a
license application | ||
within 30 days from the date of application.
| ||
(c) Licenses issued by the State Board of Elections are
| ||
subject to the following restrictions:
| ||
(1) No political committee shall conduct raffles or |
chances without
having first obtained a license therefor | ||
pursuant to this Section.
| ||
(2) The application for license shall be prepared in | ||
accordance with
regulations of the State Board of Elections
| ||
and must specify the area or
areas within the State in | ||
which raffle chances will be sold or issued, the
time | ||
period during which raffle chances will be sold or issued, | ||
the time of
determination of winning chances and the | ||
location or locations at which
winning chances will be | ||
determined.
| ||
(3) A license authorizes the licensee to conduct | ||
raffles as defined in
this Section.
| ||
The following are ineligible for any license under this | ||
Section:
| ||
(i) any political committee which has an officer | ||
who has been
convicted of a felony;
| ||
(ii) any political committee which has an officer | ||
who is or has been a
professional gambler or gambling | ||
promoter;
| ||
(iii) any political committee which has an officer | ||
who is not of good
moral character;
| ||
(iv) any political committee which has an officer | ||
who is also an officer
of a firm or corporation in | ||
which a person defined in (i), (ii) or (iii)
has a | ||
proprietary, equitable or credit interest, or in which | ||
such a person
is active or employed;
|
(v) any political committee in which a person | ||
defined in (i), (ii) or
(iii) is an officer, director, | ||
or employee, whether compensated or not;
| ||
(vi) any political committee in which a person | ||
defined in (i), (ii) or
(iii) is to participate in the | ||
management or operation of a raffle as
defined in this | ||
Section;
| ||
(vii) any committee which, at the time of its | ||
application for a
license to conduct a raffle, owes the | ||
State Board of Elections any unpaid
civil penalty | ||
authorized by Sections
9-3, 9-10, and 9-23 of
The | ||
Election Code, or is the
subject of an unresolved claim | ||
for a civil penalty under Sections
9-3, 9-10, and 9-23 | ||
of
The Election Code;
| ||
(viii) any political committee which, at the time | ||
of its application
to conduct a raffle, has not | ||
submitted any report or document required to
be filed | ||
by Article 9 of The Election Code and such report or | ||
document is
more than 10 days overdue.
| ||
(d) (1) The conducting of raffles is subject
to the | ||
following restrictions:
| ||
(i) The entire net proceeds of any raffle must be | ||
exclusively devoted
to the lawful purposes of the | ||
political committee permitted to conduct that
game.
| ||
(ii) No person except a bona fide member of the | ||
political committee
may participate in the management |
or operation of the raffle.
| ||
(iii) No person may receive any remuneration or | ||
profit for participating
in the management or | ||
operation of the raffle.
| ||
(iv) Raffle chances may be sold or issued only | ||
within the area specified
on the license and winning | ||
chances may be determined only at those locations
| ||
specified on the license.
| ||
(v) A person under the age of 18 years may | ||
participate in the conducting
of raffles or chances | ||
only with the permission of a parent or guardian.
A | ||
person under the age of 18 years may be within
the area | ||
where winning chances are being determined only when | ||
accompanied
by his parent or guardian.
| ||
(2) If a lessor rents premises where a winning chance | ||
or chances on a
raffle are determined, the lessor shall not | ||
be criminally liable if the
person who uses the premises | ||
for the determining of winning chances does not
hold a | ||
license issued under the provisions
of this Section.
| ||
(e) (1) Each political committee licensed to conduct | ||
raffles and
chances shall keep records of its gross | ||
receipts, expenses and net proceeds
for each single | ||
gathering or occasion at which winning chances are | ||
determined.
All deductions from gross receipts for each | ||
single gathering or occasion
shall be documented with | ||
receipts or other records indicating the amount,
a |
description of the purchased item or service or other | ||
reason for the
deduction, and the recipient. The | ||
distribution of net proceeds shall be
itemized as to payee, | ||
purpose, amount and date of payment.
| ||
(2) Each political committee licensed to conduct | ||
raffles shall report
on the next report due to be filed | ||
under Article 9 of The Election Code
its gross receipts, | ||
expenses and net proceeds
from raffles, and the | ||
distribution of net proceeds itemized as required in
this | ||
subsection.
| ||
Such reports shall be included in the regular reports | ||
required of
political committees by Article 9 of The Election | ||
Code.
| ||
(3) Records required by this subsection shall be | ||
preserved for 3 years,
and political committees shall make | ||
available their records relating to
operation of raffles | ||
for public inspection at reasonable times and places.
| ||
(f) Violation of any provision of this Section is a Class
C | ||
misdemeanor.
| ||
(g) Nothing in this Section shall be construed to authorize | ||
the conducting
or operating of any gambling scheme, enterprise, | ||
activity or device other
than raffles as provided for herein.
| ||
(Source: P.A. 93-615, eff. 11-19-03.)
| ||
Section 480. The Illinois Pull Tabs and Jar Games Act is | ||
amended by changing Sections 2.1, 6, and 7 as follows: |
(230 ILCS 20/2.1)
| ||
Sec. 2.1. Ineligibility for a license. The following are | ||
ineligible for any license under this Act:
| ||
(1) Any person who has been convicted of a felony | ||
within the last 10 years prior to the
date of the | ||
application.
| ||
(2) Any person who has been convicted of a violation of | ||
Article 28 of
the Criminal Code of 1961 or the Criminal | ||
Code of 2012 .
| ||
(3) Any person who has had a bingo, pull tabs and jar | ||
games, or
charitable games license revoked by the | ||
Department.
| ||
(4) Any person who is or has been a professional | ||
gambler.
| ||
(5) Any person found gambling in a manner not | ||
authorized by the Illinois Pull Tabs and Jar Games Act, the | ||
Bingo License and Tax Act, or the Charitable Games Act, | ||
participating in such gambling, or knowingly permitting | ||
such gambling on premises where pull tabs and jar games are | ||
authorized to be conducted.
| ||
(6) Any firm or corporation in which a person defined | ||
in (1), (2), (3), (4),
or (5) has any proprietary, | ||
equitable, or credit interest or in which such
person is | ||
active or employed.
| ||
(7) Any organization in which a person defined in (1), |
(2), (3), (4), or (5)
is an officer, director, or employee, | ||
whether compensated or not.
| ||
(8) Any organization in which a person defined in (1), | ||
(2), (3), (4), or (5)
is to participate in the management | ||
or operation of pull tabs and jar games.
| ||
The Department of State Police shall provide the criminal | ||
background of
any supplier as requested by the Department of | ||
Revenue.
| ||
(Source: P.A. 95-228, eff. 8-16-07.)
| ||
(230 ILCS 20/6) (from Ch. 120, par. 1056)
| ||
Sec. 6. Each licensee must keep a complete record of pull | ||
tabs and jar
games conducted within the previous 3 years. Such | ||
record shall be available for
inspection by any employee of the | ||
Department of Revenue during reasonable
business hours. The | ||
Department may require that any person, organization, or | ||
corporation licensed under this Act obtain from an Illinois | ||
certified public accounting firm at its own expense a certified | ||
and unqualified financial statement and verification of | ||
records of such organization. Failure of a pull tabs and jar | ||
games licensee to comply with this requirement within 90 days | ||
of receiving notice from the Department may result in | ||
suspension or revocation of the licensee's license.
| ||
The Department of Revenue may, at its discretion, suspend or
| ||
revoke
any license if it finds that the licensee or any person | ||
connected therewith
has violated or is violating this Act.
A |
suspension or revocation shall be in addition to, and not in | ||
lieu of, any other civil penalties or assessments that are | ||
authorized by this Act. No licensee under this Act, while pull | ||
tabs and jar games chances are being
conducted, shall knowingly | ||
permit entry to any part of the licensed premises
by any person
| ||
who has been convicted
of a felony or a violation of Article 28 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012 .
| ||
(Source: P.A. 95-228, eff. 8-16-07.)
| ||
(230 ILCS 20/7) (from Ch. 120, par. 1057)
| ||
Sec. 7. Violations.
| ||
(a) Any person who conducts or knowingly participates in an | ||
unlicensed pull tabs and jar game commits the offense of | ||
gambling in violation of Section 28-1 of the Criminal Code of | ||
2012 1961, as amended . Any person who violates any other | ||
provision of this Act, or any person who knowingly fails to | ||
file a pull tabs and jar games return or who knowingly files a | ||
fraudulent application or return under this Act, or any person | ||
who wilfully violates any rule or regulation of the Department | ||
for the administration and enforcement of this Act, or any | ||
officer or agent of an organization licensed under this Act who | ||
signs a fraudulent application or return filed on behalf of | ||
such an organization, is guilty of a Class A misdemeanor. | ||
(b) Any organization that illegally conducts pull tabs or | ||
jar games, in addition to other penalties provided for in this | ||
Act, shall be subject to a civil penalty equal to the amount of |
gross proceeds derived from those unlicensed games, as well as | ||
confiscation and forfeiture of all pull tabs and jar games | ||
equipment used in the conduct of those unlicensed games. | ||
(c) Any organization licensed to conduct pull tabs and jar | ||
games which allows any form of illegal gambling to be conducted | ||
on the premises where pull tabs and jar games are being | ||
conducted, in addition to other penalties provided for in this | ||
Act, shall be subject to a civil penalty equal to the amount of | ||
gross proceeds derived on that day from pull tabs and jar games | ||
and any illegal game that may have been conducted, as well as | ||
confiscation and forfeiture of all pull tabs and jar games | ||
equipment used in the conduct of any unlicensed or illegal | ||
games.
| ||
(Source: P.A. 95-228, eff. 8-16-07.)
| ||
Section 485. The Bingo License and Tax Act is amended by | ||
changing Sections 1.2, 4, and 5 as follows: | ||
(230 ILCS 25/1.2)
| ||
Sec. 1.2. Ineligibility for licensure. The following are | ||
ineligible for any license under this Act: | ||
(1) Any person who has been convicted of a felony | ||
within the last 10 years prior to the date of application. | ||
(2) Any person who has been convicted of a violation of | ||
Article 28 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 . |
(3) Any person who has had a bingo, pull tabs and jar | ||
games, or charitable games license revoked by the | ||
Department. | ||
(4) Any person who is or has been a professional | ||
gambler. | ||
(5) Any person found gambling in a manner not | ||
authorized by the Illinois Pull Tabs and Jar Games Act, | ||
Bingo License and Tax Act, or the Charitable Games Act, | ||
participating in such gambling, or knowingly permitting | ||
such gambling on premises where a bingo event is authorized | ||
to be conducted or has been conducted. | ||
(6) Any organization in which a person defined in (1), | ||
(2), (3), (4), or (5) has a proprietary, equitable, or | ||
credit interest, or in which such person is active or | ||
employed. | ||
(7) Any organization in which a person defined in (1), | ||
(2), (3), (4), or (5) is an officer, director, or employee, | ||
whether compensated or not. | ||
(8) Any organization in which a person defined in (1), | ||
(2), (3), (4), or (5) is to participate in the management | ||
or operation of a bingo game. | ||
The Department of State Police shall provide the criminal | ||
background of any person requested by the Department of | ||
Revenue.
| ||
(Source: P.A. 95-228, eff. 8-16-07.)
|
(230 ILCS 25/4) (from Ch. 120, par. 1104)
| ||
Sec. 4. Each licensee must keep a complete record of bingo | ||
games conducted
within the previous 3 years. Such record shall | ||
be available for inspection by
any employee of the Department | ||
of Revenue during reasonable business hours.
| ||
The Department may require that any person, organization or | ||
corporation
licensed under this Act obtain from an Illinois | ||
certified public accounting
firm at its own expense a certified | ||
and unqualified financial statement
and verification of | ||
records of such organization.
Failure of a bingo licensee to | ||
comply with this requirement within 90
days of receiving notice | ||
from the Director may
result in suspension or revocation of the | ||
licensee's license.
| ||
The Department of Revenue may, at its discretion, suspend | ||
or revoke
any license if it finds that the licensee or any | ||
person connected therewith
has violated or is violating the | ||
provisions of this Act. A suspension or revocation shall be in | ||
addition to, and not in lieu of, any other civil penalties or | ||
assessments that are authorized by this Act. No licensee under
| ||
this Act, while a bingo game is being conducted, shall | ||
knowingly permit
entry into any part of the licensed premises | ||
by any person
who has been convicted of a felony or a violation | ||
of
Article 28 of the " Criminal Code of 1961 " or the Criminal | ||
Code of 2012 .
| ||
(Source: P.A. 95-228, eff. 8-16-07.)
|
(230 ILCS 25/5) (from Ch. 120, par. 1105)
| ||
Sec. 5. Penalties.
| ||
(a) Any person who conducts or knowingly participates in an
| ||
unlicensed bingo game commits the offense of gambling in | ||
violation of
Section 28-1 of the Criminal Code of 2012 1961, as | ||
amended . Any person who
violates any other provision of this | ||
Act, or any person who
knowingly fails to file a bingo return | ||
or who knowingly files a fraudulent
application or return
under | ||
this Act, or any person who wilfully
violates any rule or | ||
regulation of the Department for the administration
and | ||
enforcement of this Act, or any officer or agent of an | ||
organization
licensed under this Act who signs a fraudulent | ||
application or return filed on behalf of
such an organization, | ||
is guilty of a Class A misdemeanor.
| ||
(b) Any organization that illegally conducts bingo, in | ||
addition to other penalties provided for in this Act, shall be | ||
subject to a civil penalty
equal to the gross proceeds derived | ||
from those
unlicensed games, as well as confiscation and | ||
forfeiture of all bingo equipment
used in the conduct of those | ||
unlicensed games.
| ||
(c) Any organization licensed to conduct bingo which allows | ||
any form of illegal gambling to be conducted on the premises | ||
where bingo is being conducted, in addition to other penalties | ||
provided for in this Act, shall be subject to a civil penalty | ||
equal to the amount of gross proceeds derived on that day from | ||
bingo and any illegal game that may have been conducted, as |
well as confiscation and forfeiture of all bingo equipment used | ||
in the conduct of any unlicensed or illegal games. | ||
(d) Any person or organization, in addition to other | ||
penalties provided for in this Act, shall be subject to a civil | ||
penalty not to exceed $5,000 for any of the following | ||
violations: | ||
(1) Providing premises for the conduct of bingo without | ||
first obtaining a license or a special permit to do so. | ||
(2) Allowing unlicensed organizations to conduct bingo | ||
on its premises. | ||
(3) Allowing any form of illegal gambling to be | ||
conducted on the premises where bingo is being conducted.
| ||
(Source: P.A. 95-228, eff. 8-16-07.)
| ||
Section 490. The Charitable Games Act is amended by | ||
changing Sections 7, 10, and 12 as follows:
| ||
(230 ILCS 30/7) (from Ch. 120, par. 1127)
| ||
Sec. 7. Ineligible Persons. The following are ineligible | ||
for any
license under this Act:
| ||
(a) any person who has been convicted of a felony | ||
within the last 10 years before
the date of the | ||
application;
| ||
(b) any person who has been convicted of a violation of | ||
Article 28 of
the Criminal Code of 1961 or the Criminal | ||
Code of 2012 ;
|
(c) any person who has had a bingo, pull tabs and jar | ||
games, or charitable games
license revoked
by the | ||
Department;
| ||
(d) any person who is or has been a professional | ||
gambler;
| ||
(d-1) any person found gambling in a manner not | ||
authorized by this Act,
the Illinois Pull Tabs and Jar | ||
Games Act, or the Bingo License and Tax Act participating | ||
in such gambling, or knowingly
permitting such gambling on | ||
premises where an authorized charitable games event
is
| ||
authorized to be conducted or has been conducted;
| ||
(e) any organization in which a person defined in (a), | ||
(b), (c), (d),
or
(d-1)
has a proprietary, equitable, or | ||
credit interest, or in which the person
is active or | ||
employed;
| ||
(f) any organization in which a person defined
in (a), | ||
(b), (c), (d), or (d-1) is an
officer, director, or | ||
employee, whether compensated or not;
| ||
(g) any organization in which a person defined in (a), | ||
(b),
(c), (d), or (d-1) is to
participate in the management | ||
or operation of charitable games.
| ||
The Department of State Police shall provide the criminal | ||
background of
any person requested by the Department of | ||
Revenue.
| ||
(Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
|
(230 ILCS 30/10) (from Ch. 120, par. 1130)
| ||
Sec. 10. Each licensee
must keep a complete record of | ||
charitable games
conducted
within the previous 3 years. Such | ||
record shall be open to
inspection by
any employee of the | ||
Department of Revenue during reasonable business
hours.
| ||
The Department may require that any person, organization or | ||
corporation
licensed under this Act obtain from an Illinois | ||
certified public accounting
firm at its own expense a certified | ||
and unqualified financial statement
and verification of | ||
records of such organization.
Failure of a charitable games | ||
licensee to comply with this requirement within
90
days of | ||
receiving notice from the Department may
result in suspension | ||
or revocation of the licensee's license.
| ||
The Department of Revenue may, at its discretion, suspend | ||
or
revoke
any license if it finds that the licensee or any | ||
person
connected therewith
has violated or is violating the | ||
provisions of this Act. A
revocation or suspension shall be in | ||
addition to, and not in lieu of, any other
civil penalties or | ||
assessments that are authorized by this Act. No licensee
under
| ||
this Act, while a charitable game is being conducted, shall | ||
knowingly permit
the entry into any part of the licensed | ||
premises by any person
who has been convicted of a violation of
| ||
Article 28 of the Criminal Code of 1961 or the Criminal Code of | ||
2012 .
| ||
(Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
|
(230 ILCS 30/12) (from Ch. 120, par. 1132)
| ||
Sec. 12. Penalties.
| ||
(1) Any person who conducts or knowingly participates in an
| ||
unlicensed charitable game commits the offense of gambling in | ||
violation of
Section 28-1 of the Criminal Code of 2012 1961, as | ||
amended . Any person who
violates any provision of this Act, or | ||
any person who fails to file a
charitable games return or who
| ||
files a fraudulent return
or application under this Act, or any | ||
person who willfully
violates any rule or regulation of the | ||
Department for the
administration
and enforcement of this Act, | ||
or any officer or agent of an organization
licensed under this | ||
Act who signs a fraudulent return or application filed
on | ||
behalf of
such an organization, is guilty of a Class
A | ||
misdemeanor. Any second or subsequent violation of this Act | ||
constitutes
a Class 4 felony.
| ||
(2) Any organization that illegally conducts charitable | ||
games, in addition to other penalties provided for in this Act, | ||
shall be subject to a civil penalty equal to the amount of | ||
gross proceeds derived from those unlicensed games, as well as | ||
confiscation and forfeiture of all charitable games equipment | ||
used in the conduct of those unlicensed games. | ||
(3) Any organization licensed to conduct charitable games | ||
that allows any form of illegal gambling to be conducted on the | ||
premises where charitable games are being conducted, in | ||
addition to other penalties provided for in this Act, shall be | ||
subject to a civil penalty equal to the amount of gross |
proceeds derived on that day from charitable games and any | ||
illegal game that may have been conducted, as well as | ||
confiscation and forfeiture of all charitable games equipment | ||
used in the conduct of any unlicensed or illegal games. | ||
(4) Any person who violates any provision of this Act or | ||
knowingly violates any rule of the Department for the | ||
administration of this Act, in addition to other penalties | ||
provided, shall be subject to a civil penalty not to exceed | ||
$250 for each separate violation. | ||
(5) No person shall sell, lease, or distribute for | ||
compensation within this State, or possess with intent to sell, | ||
lease, or distribute for compensation within this State, any | ||
chips, representations of money, wheels, or any devices or | ||
equipment designed for use or used in the play of charitable | ||
games without first having obtained a license to do so from the | ||
Department of Revenue. Any person that knowingly violates this | ||
paragraph is guilty of a Class A misdemeanor, the fine for | ||
which shall not exceed $50,000.
| ||
(Source: P.A. 94-986, eff. 6-30-06; 95-228, eff. 8-16-07.)
| ||
Section 495. The Video Gaming
Act is amended by changing | ||
Sections 35 and 45 as follows: | ||
(230 ILCS 40/35)
| ||
Sec. 35. Display of license; confiscation; violation as | ||
felony. |
(a) Each
video gaming terminal shall be licensed by the | ||
Board before placement
or operation on the premises of a | ||
licensed establishment, licensed truck stop
establishment, | ||
licensed
fraternal establishment, or licensed veterans | ||
establishment. The license of
each video gaming terminal shall | ||
be maintained
at the location where the video gaming terminal | ||
is operated. Failure to do so
is a petty offense with a fine
| ||
not to exceed $100.
Any licensed establishment, licensed truck | ||
stop establishment, licensed
fraternal establishment, or | ||
licensed
veterans establishment
used for the conduct of | ||
gambling games in violation of this Act shall be
considered a | ||
gambling place in violation of Section 28-3 of the Criminal
| ||
Code of 2012 1961 . Every gambling device found in
a licensed | ||
establishment, licensed truck stop establishment, licensed | ||
fraternal
establishment, or licensed
veterans establishment | ||
operating gambling games in violation of this
Act shall be | ||
subject to seizure, confiscation, and destruction as provided
| ||
in Section 28-5 of the Criminal Code of 2012 1961 .
Any license | ||
issued under the Liquor Control Act
of 1934 to any owner or | ||
operator of a licensed establishment, licensed truck
stop | ||
establishment, licensed
fraternal establishment, or licensed | ||
veterans establishment that operates or
permits the operation | ||
of a video gaming terminal within its establishment in
| ||
violation of this Act shall be immediately revoked.
No person | ||
may own, operate, have in his or her possession or custody or | ||
under
his or her control, or permit to be kept in any place |
under his or her
possession or control, any
device that awards | ||
credits and contains a circuit, meter, or switch capable of
| ||
removing and recording the removal of credits when the award of | ||
credits is
dependent upon chance. A violation of this Section | ||
is a Class 4 felony. All
devices that are owned, operated, or | ||
possessed in violation of this Section are
hereby declared to | ||
be public nuisances and shall be subject to seizure,
| ||
confiscation, and destruction as provided in Section 28-5 of | ||
the Criminal Code
of 2012 1961 .
The provisions of this Section | ||
do not apply to devices or electronic video
game terminals | ||
licensed pursuant to this Act. A video gaming terminal operated | ||
for amusement only and bearing a valid amusement tax sticker | ||
shall not be subject to this Section until 30 days after the | ||
Board establishes that the central communications system is | ||
functional.
| ||
(b) (1) The odds of winning each video game shall be posted | ||
on or near each video gaming terminal. The manner in which the | ||
odds are calculated and how they are posted shall be determined | ||
by the Board by rule. | ||
(2) No video gaming terminal licensed under this Act may be | ||
played except during the legal hours of operation allowed for | ||
the consumption of alcoholic beverages at the licensed | ||
establishment, licensed fraternal establishment, or licensed | ||
veterans establishment. A licensed establishment, licensed | ||
fraternal establishment, or licensed veterans establishment | ||
that violates this subsection is subject to termination of its |
license by the Board. | ||
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | ||
96-1410, eff. 7-30-10.)
| ||
(230 ILCS 40/45)
| ||
Sec. 45. Issuance of license.
| ||
(a) The burden is upon each applicant to
demonstrate his | ||
suitability for licensure. Each video gaming terminal
| ||
manufacturer, distributor, supplier, operator, handler, | ||
licensed establishment, licensed truck stop establishment, | ||
licensed
fraternal
establishment, and licensed veterans | ||
establishment shall be
licensed by the Board.
The Board may | ||
issue or deny a license under this Act to any person pursuant | ||
to the same criteria set forth in Section 9 of the Riverboat | ||
Gambling Act.
| ||
(a-5) The Board shall not grant a license to a person who | ||
has facilitated, enabled, or participated in the use of | ||
coin-operated devices for gambling purposes or who is under the | ||
significant influence or control of such a person. For the | ||
purposes of this Act, "facilitated, enabled, or participated in | ||
the use of coin-operated amusement devices for gambling | ||
purposes" means that the person has been convicted of any | ||
violation of Article 28 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 . If there is pending legal action against | ||
a person for any such violation, then the Board shall delay the | ||
licensure of that person until the legal action is resolved. |
(b) Each person seeking and possessing a license as a video | ||
gaming terminal manufacturer, distributor, supplier, operator, | ||
handler, licensed establishment, licensed truck stop | ||
establishment, licensed fraternal establishment, or licensed | ||
veterans establishment shall submit to a background | ||
investigation conducted by the Board with the assistance of the | ||
State Police or other law enforcement. The background | ||
investigation shall include each beneficiary of a trust, each | ||
partner of a partnership, and each director and officer and all | ||
stockholders of 5% or more in a parent or subsidiary | ||
corporation of a video gaming terminal manufacturer, | ||
distributor, supplier, operator, or licensed establishment, | ||
licensed truck stop establishment, licensed fraternal | ||
establishment, or licensed veterans establishment. | ||
(c) Each person seeking and possessing a license as a video | ||
gaming terminal manufacturer, distributor, supplier, operator, | ||
handler, licensed establishment, licensed truck stop | ||
establishment, licensed fraternal establishment, or licensed | ||
veterans establishment shall disclose the identity of every | ||
person, association, trust, corporation, or limited liability | ||
company having a greater than 1% direct or indirect pecuniary | ||
interest in the video gaming terminal operation for which the | ||
license is sought. If the disclosed entity is a trust, the | ||
application shall disclose the names and addresses of the | ||
beneficiaries; if a corporation, the names and addresses of all | ||
stockholders and directors; if a limited liability company, the |
names and addresses of all members; or if a partnership, the | ||
names and addresses of all partners, both general and limited. | ||
(d) No person may be licensed as a video gaming terminal | ||
manufacturer, distributor, supplier, operator, handler, | ||
licensed establishment, licensed truck stop establishment, | ||
licensed fraternal establishment, or licensed veterans | ||
establishment if that person has been found by the Board to: | ||
(1) have a background, including a criminal record, | ||
reputation, habits, social or business associations, or | ||
prior activities that pose a threat to the public interests | ||
of the State or to the security and integrity of video | ||
gaming; | ||
(2) create or enhance the dangers of unsuitable, | ||
unfair, or illegal practices, methods, and activities in | ||
the conduct of video gaming; or | ||
(3) present questionable business practices and | ||
financial arrangements incidental to the conduct of video | ||
gaming activities. | ||
(e) Any applicant for any license under this Act has the | ||
burden of proving his or her qualifications to the satisfaction | ||
of the Board. The Board may adopt rules to establish additional | ||
qualifications and requirements to preserve the integrity and | ||
security of video gaming in this State. | ||
(f) A non-refundable application fee shall be paid at the | ||
time an
application for a license is filed with the Board in | ||
the following amounts:
|
(1) Manufacturer ..........................$5,000
| ||
(2) Distributor ...........................$5,000
| ||
(3) Terminal operator .....................$5,000
| ||
(4) Supplier ..............................$2,500
| ||
(5) Technician ..............................$100
| ||
(6) Terminal Handler ..............................$50 | ||
(g) The Board shall establish an
annual fee for each | ||
license not to exceed the following: | ||
(1) Manufacturer .........................$10,000
| ||
(2) Distributor ..........................$10,000
| ||
(3) Terminal operator .....................$5,000
| ||
(4) Supplier ..............................$2,000
| ||
(5) Technician ..............................$100
| ||
(6) Licensed establishment, licensed truck stop
| ||
establishment, licensed fraternal establishment,
| ||
or licensed veterans establishment ..............$100
| ||
(7) Video gaming terminal ...................$100
| ||
(8) Terminal Handler ..............................$50
| ||
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; 96-38, | ||
eff. 7-13-09; 96-1000, eff. 7-2-10; 96-1410, eff. 7-30-10.)
| ||
Section 500. The Liquor Control Act of 1934 is amended by | ||
changing Section 6-2 as follows:
| ||
(235 ILCS 5/6-2) (from Ch. 43, par. 120)
| ||
Sec. 6-2. Issuance of licenses to certain persons |
prohibited.
| ||
(a) Except as otherwise provided in subsection (b) of this | ||
Section and in paragraph (1) of subsection (a) of Section 3-12, | ||
no license
of any kind issued by the State Commission or any | ||
local
commission shall be issued to:
| ||
(1) A person who is not a resident of any city, village | ||
or county in
which the premises covered by the license are | ||
located; except in case of
railroad or boat licenses.
| ||
(2) A person who is not of good character and | ||
reputation in the
community in which he resides.
| ||
(3) A person who is not a citizen of the United States.
| ||
(4) A person who has been convicted of a felony under | ||
any Federal or
State law, unless the Commission determines | ||
that such
person has been sufficiently rehabilitated to | ||
warrant the public trust
after considering matters set | ||
forth in such person's application and the
Commission's | ||
investigation. The burden of proof of sufficient
| ||
rehabilitation shall be on the applicant.
| ||
(5) A person who has been convicted of keeping a place | ||
of prostitution or keeping a place of juvenile | ||
prostitution, promoting prostitution that involves keeping | ||
a place of prostitution, or promoting juvenile | ||
prostitution that involves keeping a place of juvenile | ||
prostitution.
| ||
(6) A person who has been convicted of pandering or | ||
other crime or
misdemeanor opposed to decency and morality.
|
(7) A person whose license issued under this Act has | ||
been revoked for
cause.
| ||
(8) A person who at the time of application for renewal | ||
of any license
issued hereunder would not be eligible for | ||
such license upon a first
application.
| ||
(9) A copartnership, if any general partnership | ||
thereof, or any
limited partnership thereof, owning more | ||
than 5% of the aggregate limited
partner interest in such | ||
copartnership would not be eligible to receive a
license | ||
hereunder for any reason other than residence within the | ||
political
subdivision, unless residency is required by | ||
local ordinance.
| ||
(10) A corporation or limited liability company, if any | ||
member, officer, manager or director thereof, or
any | ||
stockholder or stockholders owning in the aggregate more | ||
than 5% of the
stock of such corporation, would not be | ||
eligible to receive a license
hereunder for any reason | ||
other than citizenship and residence within the
political | ||
subdivision.
| ||
(10a) A corporation or limited liability company | ||
unless it is incorporated or organized in Illinois, or | ||
unless it
is a foreign corporation or foreign limited | ||
liability company which is qualified under the Business
| ||
Corporation Act of 1983 or the Limited Liability Company | ||
Act to transact business in Illinois. The Commission shall | ||
permit and accept from an applicant for a license under |
this Act proof prepared from the Secretary of State's | ||
website that the corporation or limited liability company | ||
is in good standing and is qualified under the Business
| ||
Corporation Act of 1983 or the Limited Liability Company | ||
Act to transact business in Illinois.
| ||
(11) A person whose place of business is conducted by a | ||
manager or agent
unless the manager or agent possesses the | ||
same qualifications required by
the licensee.
| ||
(12) A person who has been convicted of a violation of | ||
any Federal or
State law concerning the manufacture, | ||
possession or sale of alcoholic
liquor, subsequent to the | ||
passage of this Act or has forfeited his bond to
appear in | ||
court to answer charges for any such violation.
| ||
(13) A person who does not beneficially own the | ||
premises for which a
license is sought, or does not have a | ||
lease thereon for the full period for
which the license is | ||
to be issued.
| ||
(14) Any law enforcing public official, including | ||
members
of local liquor control commissions,
any mayor, | ||
alderman, or member of the
city council or commission, any | ||
president of the village board of trustees,
any member of a | ||
village board of trustees, or any president or member of a
| ||
county board; and no such official shall have a direct | ||
interest in the
manufacture, sale, or distribution of | ||
alcoholic liquor, except that a
license
may be granted to | ||
such official in relation to premises that are
not
located |
within the territory subject to the jurisdiction of that | ||
official
if the issuance of such license is approved by the | ||
State Liquor Control
Commission
and except that a license | ||
may be granted, in a city or village with a
population of | ||
50,000 or less, to any alderman, member of a city council, | ||
or
member of a village board of trustees in relation to | ||
premises that are located
within the territory
subject to | ||
the jurisdiction of that official if (i) the sale of | ||
alcoholic
liquor pursuant to the license is incidental to | ||
the selling of food, (ii) the
issuance of the license is | ||
approved by the State Commission, (iii) the
issuance of the | ||
license is in accordance with all applicable local | ||
ordinances
in effect where the premises are located, and | ||
(iv) the official granted a
license does not vote on | ||
alcoholic liquor issues pending before the board or
council | ||
to which the license holder is elected. Notwithstanding any | ||
provision of this paragraph (14) to the contrary, an | ||
alderman or member of a city council or commission, a | ||
member of a village board of trustees other than the | ||
president of the village board of trustees, or a member of | ||
a county board other than the president of a county board | ||
may have a direct interest in the manufacture, sale, or | ||
distribution of alcoholic liquor as long as he or she is | ||
not a law enforcing public official, a mayor, a village | ||
board president, or president of a county board. To prevent | ||
any conflict of interest, the elected official with the |
direct interest in the manufacture, sale, or distribution | ||
of alcoholic liquor shall not participate in any meetings, | ||
hearings, or decisions on matters impacting the | ||
manufacture, sale, or distribution of alcoholic liquor. | ||
Furthermore, the mayor of a city with a population of | ||
50,000 or less or the president of a village with a | ||
population of 50,000 or less may have an interest in the | ||
manufacture, sale, or distribution of alcoholic liquor as | ||
long as the council or board over which he or she presides | ||
has made a local liquor control commissioner appointment | ||
that complies with the requirements of Section 4-2 of this | ||
Act.
| ||
(15) A person who is not a beneficial owner of the | ||
business to be
operated by the licensee.
| ||
(16) A person who has been convicted of a gambling | ||
offense as
proscribed by any of subsections (a) (3) through | ||
(a)
(11) of
Section 28-1 of, or as
proscribed by Section | ||
28-1.1 or 28-3 of, the Criminal Code of
1961 or the | ||
Criminal Code of 2012 , or as proscribed by a
statute
| ||
replaced by any of the aforesaid statutory provisions.
| ||
(17) A person or entity to whom a federal wagering | ||
stamp has been
issued by the
federal government, unless the | ||
person or entity is eligible to be issued a
license under | ||
the Raffles Act or the Illinois Pull Tabs and Jar Games | ||
Act.
| ||
(18) A person who intends to sell alcoholic liquors for |
use or
consumption on his or her licensed retail premises | ||
who does not have liquor
liability insurance coverage for | ||
that premises in an amount that is at least
equal to the | ||
maximum liability amounts set out in subsection (a) of | ||
Section
6-21.
| ||
(b) A criminal conviction of a corporation is not grounds | ||
for the
denial, suspension, or revocation of a license applied | ||
for or held by the
corporation if the criminal conviction was | ||
not the result of a violation of any
federal or State law | ||
concerning the manufacture, possession or sale of
alcoholic | ||
liquor, the offense that led to the conviction did not result | ||
in any
financial gain to the corporation and the corporation | ||
has terminated its
relationship with each director, officer, | ||
employee, or controlling shareholder
whose actions directly | ||
contributed to the conviction of the corporation. The
| ||
Commission shall determine if all provisions of this subsection | ||
(b) have been
met before any action on the corporation's | ||
license is initiated.
| ||
(Source: P.A. 96-1551, eff. 7-1-11; 97-1059, eff. 8-24-12.)
| ||
Section 505. The Illinois Public Aid Code is amended by | ||
changing Sections 2-18, 4-1.7, 8A-2, 10-5, and 12-4.25 as | ||
follows: | ||
(305 ILCS 5/2-18)
| ||
Sec. 2-18. Domestic or sexual violence. "Domestic or sexual |
violence" means domestic violence, sexual assault, or | ||
stalking. Domestic or sexual violence may occur through | ||
electronic communication. | ||
"Domestic violence" means "abuse" as defined in Section 103 | ||
of the Illinois Domestic Violence Act of 1986 by a "family or | ||
household member" as defined in Section 103 of the Illinois | ||
Domestic Violence Act of 1986. | ||
"Sexual assault" means any conduct proscribed by Sections | ||
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, | ||
12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 . | ||
"Stalking" means any conduct proscribed by Sections | ||
12-7.3, 12-7.4, and 12-7.5 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 . | ||
"Electronic communication" includes communications via | ||
telephone, mobile phone, computer, e-mail, video recorder, fax | ||
machine, telex, or pager, or any other "electronic | ||
communication" as defined in Section 12-7.5 of the Criminal | ||
Code of 2012 1961 .
| ||
(Source: P.A. 96-866, eff. 7-1-10 .)
| ||
(305 ILCS 5/4-1.7) (from Ch. 23, par. 4-1.7)
| ||
Sec. 4-1.7. Enforcement of Parental Child Support | ||
Obligation.
If the parent or parents of the child are failing | ||
to meet or are delinquent
in their legal obligation to support | ||
the child, the parent or other person
having custody of the |
child or the Department of Healthcare and Family Services may
| ||
request the law enforcement officer authorized or directed by | ||
law to so act
to file action for the enforcement of such | ||
remedies as the law provides for
the fulfillment of the child | ||
support obligation.
| ||
If a parent has a judicial remedy against the other parent | ||
to compel child
support, or if, as the result of an action | ||
initiated by or in behalf of one
parent against the other, a | ||
child support order has been entered in respect to
which there | ||
is noncompliance or delinquency, or where the order so entered | ||
may
be changed upon petition to the court to provide additional | ||
support, the parent
or other person having custody of the child | ||
or the Department of Healthcare and Family Services may request | ||
the appropriate law enforcement officer to seek
enforcement of | ||
the remedy, or of the support order, or a change therein to
| ||
provide additional support. If the law enforcement officer is | ||
not authorized
by law to so act in these instances, the parent, | ||
or if so authorized by law the
other person having custody of | ||
the child, or the Department of Healthcare and Family Services | ||
may initiate an action to enforce these remedies.
| ||
A parent or other person having custody of the child must
| ||
comply with the requirements of Title IV of the federal Social
| ||
Security Act, and the regulations duly promulgated thereunder,
| ||
and any rules promulgated by the Illinois Department regarding | ||
enforcement
of the child support obligation. The
Department of | ||
Healthcare and Family Services
and the Department of Human |
Services may provide by rule for the
grant or continuation of | ||
aid to the person for a temporary period if he
or she accepts | ||
counseling or other services designed to increase his
or her | ||
motivation to seek enforcement of the child support obligation.
| ||
In addition to any other definition of failure or refusal | ||
to comply
with the requirements of Title IV of the federal | ||
Social Security Act, or
Illinois Department rule, in
the case | ||
of failure to attend court hearings, the parent or other person
| ||
can show cooperation by attending a court hearing or, if a | ||
court hearing
cannot be scheduled within 14 days following the | ||
court hearing that was
missed, by signing a statement that the | ||
parent or other person is now
willing to cooperate in the child | ||
support enforcement process and will
appear at any later | ||
scheduled court date. The parent or other person can
show | ||
cooperation by signing such a statement only once. If failure | ||
to
attend the court hearing or other failure to cooperate | ||
results in the case
being dismissed, such a statement may be | ||
signed after 2 months.
| ||
No denial or termination of medical assistance pursuant to | ||
this Section
shall commence during pregnancy of the parent or | ||
other person having custody
of the child or for 30 days after | ||
the termination of such pregnancy. The
termination of medical | ||
assistance may commence thereafter if the
Department of | ||
Healthcare and Family Services determines that the failure or | ||
refusal to comply
with this Section persists. Postponement of | ||
denial or termination of medical
assistance during pregnancy |
under this paragraph shall be effective only to
the extent it | ||
does not conflict with federal law or regulation.
| ||
Any evidence a parent or other person having custody of the | ||
child
gives in order to comply with the requirements of this | ||
Section shall not
render him or her liable to prosecution under | ||
Section 11-35 or 11-40 of the
" Criminal Code of 2012 1961", | ||
approved July 28, 1961, as amended .
| ||
When so requested, the Department of Healthcare and Family | ||
Services and the Department
of Human Services shall provide | ||
such services and assistance as the law
enforcement officer may | ||
require in connection with the filing of any action
hereunder.
| ||
The Department of Healthcare and Family Services and the | ||
Department of Human Services, as an expense of administration, | ||
may also provide applicants for and
recipients of aid with such | ||
services and assistance, including assumption
of the | ||
reasonable costs of prosecuting any action or proceeding, as | ||
may be
necessary to enable them to enforce the child support | ||
liability required
hereunder.
| ||
Nothing in this Section shall be construed as a requirement | ||
that an
applicant or recipient file an action for dissolution | ||
of marriage
against his or her spouse.
| ||
(Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11 .)
| ||
(305 ILCS 5/8A-2) (from Ch. 23, par. 8A-2)
| ||
Sec. 8A-2. Recipient Fraud. (a) Any person, who by means of | ||
any false
statement, willful misrepresentation or failure to |
notify the county department
or the local governmental unit, as | ||
the case may be, of a change in his status
as required by | ||
Sections 11-18 and 11-19, or any person who knowingly causes
| ||
any applicant or recipient without knowledge to make such a | ||
false statement
or willful misrepresentation, or by | ||
withholding information causes the applicant
or recipient to | ||
fail to notify the county department or local governmental
unit | ||
as required, for the purpose of preventing the denial, | ||
cancellation
or suspension of any grant, or a variation in the | ||
amount thereof, or through
other fraudulent device obtains or | ||
attempts to obtain, or aids or abets
any person in obtaining | ||
public aid under this Code to which he is not entitled
is | ||
guilty of a violation of this Article and shall be punished as | ||
provided
in Section 8A-6.
| ||
(b) If an applicant makes and subscribes an application | ||
form under Section
11-15 which contains a written declaration | ||
that it is made under penalties
of perjury, knowing it to be | ||
false, incorrect or incomplete in respect
to any material | ||
statement or representation bearing on his eligibility,
income | ||
or resources, the offender shall be subject to the penalties | ||
for
perjury as provided in Section 32-2 of the " Criminal Code | ||
of 2012 1961" .
| ||
(Source: P.A. 82-440.)
| ||
(305 ILCS 5/10-5) (from Ch. 23, par. 10-5)
| ||
Sec. 10-5. Declarations by Responsible Relatives-Penalty.
|
Information requested of responsible relatives shall be | ||
submitted on
forms or questionnaires prescribed by the Illinois | ||
Department or local
governmental units, as the case may be, and | ||
shall contain a written
declaration to be signed by the | ||
relative in substantially the following
form:
| ||
"I declare under penalties of perjury that I have | ||
examined this form
(or questionnaire) and all accompanying | ||
statements or documents pertaining
to my income, resources, or | ||
any other matter having bearing upon my status
and ability to | ||
provide support, and to the best of my knowledge and belief
the | ||
information supplied is true, correct, and complete".
| ||
A person who makes and subscribes a form or questionnaire | ||
which
contains, as hereinabove provided, a written declaration | ||
that it is made
under the penalties of perjury, knowing it to | ||
be false, incorrect or
incomplete, in respect to any material | ||
statement or representation bearing
upon his status as a | ||
responsible relative, or upon his income, resources,
or other | ||
matter concerning his ability to provide support, shall be | ||
subject
to the penalties for perjury provided for in Section | ||
32-2 of the " Criminal
Code of 2012 1961", approved July 28, | ||
1961, as amended .
| ||
(Source: Laws 1967, p. 122.)
| ||
(305 ILCS 5/12-4.25) (from Ch. 23, par. 12-4.25)
| ||
Sec. 12-4.25. Medical assistance program; vendor | ||
participation.
|
(A) The Illinois Department may deny, suspend, or
terminate | ||
the eligibility of any person, firm, corporation, association,
| ||
agency, institution or other legal entity to participate as a | ||
vendor of
goods or services to recipients under the medical | ||
assistance program
under Article V, or may exclude any such
| ||
person or entity from participation as such a vendor, and may
| ||
deny, suspend, or recover payments, if after reasonable notice | ||
and opportunity for a
hearing the Illinois Department finds:
| ||
(a) Such vendor is not complying with the Department's | ||
policy or
rules and regulations, or with the terms and | ||
conditions prescribed by
the Illinois Department in its | ||
vendor agreement, which document shall be
developed by the | ||
Department as a result of negotiations with each vendor
| ||
category, including physicians, hospitals, long term care | ||
facilities,
pharmacists, optometrists, podiatrists and | ||
dentists setting forth the
terms and conditions applicable | ||
to the participation of each vendor
group in the program; | ||
or
| ||
(b) Such vendor has failed to keep or make available | ||
for inspection,
audit or copying, after receiving a written | ||
request from the Illinois
Department, such records | ||
regarding payments claimed for providing
services. This | ||
section does not require vendors to make available
patient | ||
records of patients for whom services are not reimbursed | ||
under
this Code; or
| ||
(c) Such vendor has failed to furnish any information |
requested by
the Department regarding payments for | ||
providing goods or services; or
| ||
(d) Such vendor has knowingly made, or caused to be | ||
made, any false
statement or representation of a material | ||
fact in connection with the
administration of the medical | ||
assistance program; or
| ||
(e) Such vendor has furnished goods or services to a | ||
recipient which
are (1) in excess of need, (2) harmful, or
| ||
(3) of grossly inferior quality, all of such determinations | ||
to be based
upon competent medical judgment and | ||
evaluations; or
| ||
(f) The vendor; a person with management | ||
responsibility for a
vendor; an officer or person owning, | ||
either directly or indirectly, 5%
or more of the shares of | ||
stock or other evidences of ownership in a
corporate | ||
vendor; an owner of a sole proprietorship which is a | ||
vendor;
or a partner in a partnership which is a vendor, | ||
either:
| ||
(1) was previously terminated, suspended, or | ||
excluded from participation in the Illinois
medical | ||
assistance program, or was terminated, suspended, or | ||
excluded from participation in another state or | ||
federal medical assistance or health care program; or
| ||
(2) was a person with management responsibility | ||
for a vendor
previously terminated, suspended, or | ||
excluded from participation in the Illinois medical |
assistance
program, or terminated, suspended, or | ||
excluded from participation in another state or | ||
federal medical assistance or health care program
| ||
during the time of conduct which was the basis for
that | ||
vendor's termination, suspension, or exclusion; or
| ||
(3) was an officer, or person owning, either | ||
directly or indirectly,
5% or more of the shares of | ||
stock or other evidences of ownership in a corporate or | ||
limited liability company vendor
previously | ||
terminated, suspended, or excluded from participation | ||
in the Illinois medical assistance
program, or | ||
terminated, suspended, or excluded from participation | ||
in a state or federal medical assistance or health care | ||
program
during the time of conduct which
was the basis | ||
for that vendor's termination, suspension, or | ||
exclusion; or
| ||
(4) was an owner of a sole proprietorship or | ||
partner of a
partnership previously terminated, | ||
suspended, or excluded
from participation in the | ||
Illinois medical assistance program, or terminated, | ||
suspended, or excluded from participation in a state or | ||
federal medical assistance or health care program
| ||
during the time of conduct
which was the basis for that | ||
vendor's termination, suspension, or exclusion; or
| ||
(f-1) Such vendor has a delinquent debt owed to the | ||
Illinois Department; or
|
(g) The vendor; a person with management | ||
responsibility for a
vendor; an officer or person owning, | ||
either directly or indirectly, 5%
or more of the shares of | ||
stock or other evidences of ownership in a
corporate or
| ||
limited liability company vendor; an owner of a sole | ||
proprietorship which is a vendor;
or a partner in a | ||
partnership which is a vendor, either:
| ||
(1) has engaged in practices prohibited by | ||
applicable federal or
State law or regulation; or
| ||
(2) was a person with management responsibility | ||
for a vendor at the
time that such vendor engaged in | ||
practices prohibited by applicable
federal or State | ||
law or regulation; or
| ||
(3) was an officer, or person owning, either | ||
directly or indirectly,
5% or more of the shares of | ||
stock or other evidences of ownership in a
vendor at | ||
the time such vendor engaged in practices prohibited by
| ||
applicable federal or State law or regulation; or
| ||
(4) was an owner of a sole proprietorship or | ||
partner of a
partnership which was a vendor at the time | ||
such vendor engaged in
practices prohibited by | ||
applicable federal or State law or regulation; or
| ||
(h) The direct or indirect ownership of the vendor | ||
(including the
ownership of a vendor that is a sole | ||
proprietorship, a partner's interest in a
vendor that is a | ||
partnership, or ownership of 5% or more of the shares of |
stock
or other
evidences of ownership in a corporate | ||
vendor) has been transferred by an
individual who is | ||
terminated, suspended, or excluded or barred from | ||
participating as a vendor to the
individual's spouse, | ||
child, brother, sister, parent, grandparent, grandchild,
| ||
uncle, aunt, niece, nephew, cousin, or relative by | ||
marriage.
| ||
(A-5) The Illinois Department may deny, suspend, or | ||
terminate the
eligibility
of any person, firm, corporation, | ||
association, agency, institution, or other
legal entity to | ||
participate as a vendor of goods or services to recipients
| ||
under the medical assistance program under Article V, or may
| ||
exclude any such person or entity from participation as such a
| ||
vendor, if, after reasonable
notice and opportunity for a | ||
hearing, the Illinois Department finds that the
vendor; a | ||
person with management responsibility for a vendor; an officer | ||
or
person owning, either directly or indirectly, 5% or more of | ||
the shares of stock
or other evidences of ownership in a | ||
corporate vendor; an owner of a sole
proprietorship that is a | ||
vendor; or a partner in a partnership that is a vendor
has been | ||
convicted of an offense based on fraud or willful
| ||
misrepresentation related to any of
the following:
| ||
(1) The medical assistance program under Article V of | ||
this Code.
| ||
(2) A medical assistance or health care program in | ||
another state.
|
(3) The Medicare program under Title XVIII of the | ||
Social Security Act.
| ||
(4) The provision of health care services.
| ||
(5) A violation of this Code, as provided in Article | ||
VIIIA, or another state or federal medical assistance | ||
program or health care program. | ||
(A-10) The Illinois Department may deny, suspend, or | ||
terminate the eligibility of any person, firm, corporation, | ||
association, agency, institution, or other legal entity to | ||
participate as a vendor of goods or services to recipients | ||
under the medical assistance program under Article V, or may
| ||
exclude any such person or entity from participation as such a
| ||
vendor, if, after reasonable notice and opportunity for a | ||
hearing, the Illinois Department finds that (i) the vendor, | ||
(ii) a person with management responsibility for a vendor, | ||
(iii) an officer or person owning, either directly or | ||
indirectly, 5% or more of the shares of stock or other | ||
evidences of ownership in a corporate vendor, (iv) an owner of | ||
a sole proprietorship that is a vendor, or (v) a partner in a | ||
partnership that is a vendor has been convicted of an offense | ||
related to any of the following:
| ||
(1) Murder.
| ||
(2) A Class X felony under the Criminal Code of 1961 or | ||
the Criminal Code of 2012 .
| ||
(3) Sexual misconduct that may subject recipients to an | ||
undue risk of harm. |
(4) A criminal offense that may subject recipients to | ||
an undue risk of harm. | ||
(5) A crime of fraud or dishonesty. | ||
(6) A crime involving a controlled substance. | ||
(7) A misdemeanor relating to fraud, theft, | ||
embezzlement, breach of fiduciary responsibility, or other | ||
financial misconduct related to a health care program. | ||
(A-15) The Illinois Department may deny the eligibility of | ||
any person, firm, corporation, association, agency, | ||
institution, or other legal entity to participate as a vendor | ||
of goods or services to recipients under the medical assistance | ||
program under Article V if, after reasonable notice and | ||
opportunity for a hearing, the Illinois Department finds: | ||
(1) The applicant or any person with management | ||
responsibility for the applicant; an officer or member of | ||
the board of directors of an applicant; an entity owning | ||
(directly or indirectly) 5% or more of the shares of stock | ||
or other evidences of ownership in a corporate vendor | ||
applicant; an owner of a sole proprietorship applicant; a | ||
partner in a partnership applicant; or a technical or other | ||
advisor to an applicant has a debt owed to the Illinois | ||
Department, and no payment arrangements acceptable to the | ||
Illinois Department have been made by the applicant. | ||
(2) The applicant or any person with management | ||
responsibility for the applicant; an officer or member of | ||
the board of directors of an applicant; an entity owning |
(directly or indirectly) 5% or more of the shares of stock | ||
or other evidences of ownership in a corporate vendor | ||
applicant; an owner of a sole proprietorship applicant; a | ||
partner in a partnership vendor applicant; or a technical | ||
or other advisor to an applicant was (i) a person with | ||
management responsibility, (ii) an officer or member of the | ||
board of directors of an applicant, (iii) an entity owning | ||
(directly or indirectly) 5% or more of the shares of stock | ||
or other evidences of ownership in a corporate vendor, (iv) | ||
an owner of a sole proprietorship, (v) a partner in a | ||
partnership vendor, (vi) a technical or other advisor to a | ||
vendor, during a period of time where the conduct of that | ||
vendor resulted in a debt owed to the Illinois Department, | ||
and no payment arrangements acceptable to the Illinois | ||
Department have been made by that vendor. | ||
(3) There is a credible allegation of the use, | ||
transfer, or lease of assets of any kind to an applicant | ||
from a current or prior vendor who has a debt owed to the | ||
Illinois Department, no payment arrangements acceptable to | ||
the Illinois Department have been made by that vendor or | ||
the vendor's alternate payee, and the applicant knows or | ||
should have known of such debt. | ||
(4) There is a credible allegation of a transfer of | ||
management responsibilities, or direct or indirect | ||
ownership, to an applicant from a current or prior vendor | ||
who has a debt owed to the Illinois Department, and no |
payment arrangements acceptable to the Illinois Department | ||
have been made by that vendor or the vendor's alternate | ||
payee, and the applicant knows or should have known of such | ||
debt. | ||
(5) There is a credible allegation of the use, | ||
transfer, or lease of assets of any kind to an applicant | ||
who is a spouse, child, brother, sister, parent, | ||
grandparent, grandchild, uncle, aunt, niece, relative by | ||
marriage, nephew, cousin, or relative of a current or prior | ||
vendor who has a debt owed to the Illinois Department and | ||
no payment arrangements acceptable to the Illinois | ||
Department have been made. | ||
(6) There is a credible allegation that the applicant's | ||
previous affiliations with a provider of medical services | ||
that has an uncollected debt, a provider that has been or | ||
is subject to a payment suspension under a federal health | ||
care program, or a provider that has been previously | ||
excluded from participation in the medical assistance | ||
program, poses a risk of fraud, waste, or abuse to the | ||
Illinois Department. | ||
As used in this subsection, "credible allegation" is | ||
defined to include an allegation from any source, including, | ||
but not limited to, fraud hotline complaints, claims data | ||
mining, patterns identified through provider audits, civil | ||
actions filed under the Illinois False Claims Act, and law | ||
enforcement investigations. An allegation is considered to be |
credible when it has indicia of reliability. | ||
(B) The Illinois Department shall deny, suspend or | ||
terminate the
eligibility of any person, firm, corporation, | ||
association, agency,
institution or other legal entity to | ||
participate as a vendor of goods or
services to recipients | ||
under the medical assistance program under
Article V, or may
| ||
exclude any such person or entity from participation as such a
| ||
vendor:
| ||
(1) immediately, if such vendor is not properly | ||
licensed, certified, or authorized;
| ||
(2) within 30 days of the date when such vendor's | ||
professional
license, certification or other authorization | ||
has been refused renewal, restricted,
revoked, suspended, | ||
or otherwise terminated; or
| ||
(3) if such vendor has been convicted of a violation of | ||
this Code, as
provided in Article VIIIA.
| ||
(C) Upon termination, suspension, or exclusion of a vendor | ||
of goods or services from
participation in the medical | ||
assistance program authorized by this
Article, a person with | ||
management responsibility for such vendor during
the time of | ||
any conduct which served as the basis for that vendor's
| ||
termination, suspension, or exclusion is barred from | ||
participation in the medical assistance
program.
| ||
Upon termination, suspension, or exclusion of a corporate | ||
vendor, the officers and persons
owning, directly or | ||
indirectly, 5% or more of the shares of stock or
other |
evidences of ownership in the vendor during the time of any
| ||
conduct which served as the basis for that vendor's | ||
termination, suspension, or exclusion are
barred from | ||
participation in the medical assistance program. A person who
| ||
owns, directly or indirectly, 5% or more of the shares of stock | ||
or other
evidences of ownership in a terminated, suspended, or | ||
excluded vendor may not transfer his or
her ownership interest | ||
in that vendor to his or her spouse, child, brother,
sister, | ||
parent, grandparent, grandchild, uncle, aunt, niece, nephew, | ||
cousin, or
relative by marriage.
| ||
Upon termination, suspension, or exclusion of a sole | ||
proprietorship or partnership, the owner
or partners during the | ||
time of any conduct which served as the basis for
that vendor's | ||
termination, suspension, or exclusion are barred from | ||
participation in the medical
assistance program. The owner of a | ||
terminated, suspended, or excluded vendor that is a sole
| ||
proprietorship, and a partner in a terminated, suspended, or | ||
excluded vendor that is a partnership, may
not transfer his or | ||
her ownership or partnership interest in that vendor to his
or | ||
her spouse, child, brother, sister, parent, grandparent, | ||
grandchild, uncle,
aunt, niece, nephew, cousin, or relative by | ||
marriage.
| ||
A person who owns, directly or indirectly, 5% or more of | ||
the shares of stock or other evidences of ownership in a | ||
corporate or limited liability company vendor who owes a debt | ||
to the Department, if that vendor has not made payment |
arrangements acceptable to the Department, shall not transfer | ||
his or her ownership interest in that vendor, or vendor assets | ||
of any kind, to his or her spouse, child, brother, sister, | ||
parent, grandparent, grandchild, uncle, aunt, niece, nephew, | ||
cousin, or relative by marriage. | ||
Rules adopted by the Illinois Department to implement these
| ||
provisions shall specifically include a definition of the term
| ||
"management responsibility" as used in this Section. Such | ||
definition
shall include, but not be limited to, typical job | ||
titles, and duties and
descriptions which will be considered as | ||
within the definition of
individuals with management | ||
responsibility for a provider.
| ||
A vendor or a prior vendor who has been terminated, | ||
excluded, or suspended from the medical assistance program, or | ||
from another state or federal medical assistance or health care | ||
program, and any individual currently or previously barred from | ||
the medical assistance program, or from another state or | ||
federal medical assistance or health care program, as a result | ||
of being an officer or a person owning, directly or indirectly, | ||
5% or more of the shares of stock or other evidences of | ||
ownership in a corporate or limited liability company vendor | ||
during the time of any conduct which served as the basis for | ||
that vendor's termination, suspension, or exclusion, may be | ||
required to post a surety bond as part of a condition of | ||
enrollment or participation in the medical assistance program. | ||
The Illinois Department shall establish, by rule, the criteria |
and requirements for determining when a surety bond must be | ||
posted and the value of the bond. | ||
A vendor or a prior vendor who has a debt owed to the | ||
Illinois Department and any individual currently or previously | ||
barred from the medical assistance program, or from another | ||
state or federal medical assistance or health care program, as | ||
a result of being an officer or a person owning, directly or | ||
indirectly, 5% or more of the shares of stock or other | ||
evidences of ownership in that corporate or limited liability | ||
company vendor during the time of any conduct which served as | ||
the basis for the debt, may be required to post a surety bond | ||
as part of a condition of enrollment or participation in the | ||
medical assistance program. The Illinois Department shall | ||
establish, by rule, the criteria and requirements for | ||
determining when a surety bond must be posted and the value of | ||
the bond. | ||
(D) If a vendor has been suspended from the medical | ||
assistance
program under Article V of the Code, the Director | ||
may require that such
vendor correct any deficiencies which | ||
served as the basis for the
suspension. The Director shall | ||
specify in the suspension order a specific
period of time, | ||
which shall not exceed one year from the date of the
order, | ||
during which a suspended vendor shall not be eligible to
| ||
participate. At the conclusion of the period of suspension the | ||
Director
shall reinstate such vendor, unless he finds that such | ||
vendor has not
corrected deficiencies upon which the suspension |
was based.
| ||
If a vendor has been terminated, suspended, or excluded | ||
from the medical assistance program
under Article V, such | ||
vendor shall be barred from participation for at
least one | ||
year, except that if a vendor has been terminated, suspended, | ||
or excluded based on a
conviction of a
violation of Article | ||
VIIIA or a conviction of a felony based on fraud or a
willful | ||
misrepresentation related to (i) the medical assistance | ||
program under
Article V, (ii) a federal or another state's | ||
medical assistance or health care program, or (iii) the | ||
provision of health care services, then
the vendor shall be | ||
barred from participation for 5 years or for the length of
the | ||
vendor's sentence for that conviction, whichever is longer. At | ||
the end of
one year a vendor who has been terminated, | ||
suspended, or excluded
may apply for reinstatement to the | ||
program. Upon proper application to
be reinstated such vendor | ||
may be deemed eligible by the Director
providing that such | ||
vendor meets the requirements for eligibility under
this Code. | ||
If such vendor is deemed not eligible for
reinstatement, he
| ||
shall be barred from again applying for reinstatement for one | ||
year from the
date his application for reinstatement is denied.
| ||
A vendor whose termination, suspension, or exclusion from | ||
participation in the Illinois medical
assistance program under | ||
Article V was based solely on an action by a
governmental | ||
entity other than the Illinois Department may, upon | ||
reinstatement
by that governmental entity or upon reversal of |
the termination, suspension, or exclusion, apply for
| ||
rescission of the termination, suspension, or exclusion from | ||
participation in the Illinois medical
assistance program. Upon | ||
proper application for rescission, the vendor may be
deemed | ||
eligible by the Director if the vendor meets the requirements | ||
for
eligibility under this Code.
| ||
If a vendor has been terminated, suspended, or excluded and | ||
reinstated to the medical assistance
program under Article V | ||
and the vendor is terminated, suspended, or excluded a second | ||
or subsequent
time from the medical assistance program, the | ||
vendor shall be barred from
participation for at least 2 years, | ||
except that if a vendor has been
terminated, suspended, or | ||
excluded a second time based on a
conviction of a violation of | ||
Article VIIIA or a conviction of a felony based on
fraud or a | ||
willful misrepresentation related to (i) the medical | ||
assistance
program under Article V, (ii) a federal or another | ||
state's medical assistance or health care program, or (iii) the | ||
provision of health care
services, then the vendor shall be | ||
barred from participation for life. At
the end of 2 years, a | ||
vendor who has
been terminated, suspended, or excluded may | ||
apply for reinstatement to the program. Upon application
to be | ||
reinstated, the vendor may be deemed eligible if the vendor | ||
meets the
requirements for eligibility under this Code. If the | ||
vendor is deemed not
eligible for reinstatement, the vendor | ||
shall be barred from again applying for
reinstatement for 2 | ||
years from the date the vendor's application for
reinstatement |
is denied.
| ||
(E) The Illinois Department may recover money improperly or
| ||
erroneously paid, or overpayments, either by setoff, crediting | ||
against
future billings or by requiring direct repayment to the | ||
Illinois
Department. The Illinois Department may suspend or | ||
deny payment, in whole or in part, if such payment would be | ||
improper or erroneous or would otherwise result in overpayment. | ||
(1) Payments may be suspended, denied, or recovered | ||
from a vendor or alternate payee: (i) for services rendered | ||
in violation of the Illinois Department's provider | ||
notices, statutes, rules, and regulations; (ii) for | ||
services rendered in violation of the terms and conditions | ||
prescribed by the Illinois Department in its vendor | ||
agreement; (iii) for any vendor who fails to grant the | ||
Office of Inspector General timely access to full and | ||
complete records, including, but not limited to, records | ||
relating to recipients under the medical assistance | ||
program for the most recent 6 years, in accordance with | ||
Section 140.28 of Title 89 of the Illinois Administrative | ||
Code, and other information for the purpose of audits, | ||
investigations, or other program integrity functions, | ||
after reasonable written request by the Inspector General; | ||
this subsection (E) does not require vendors to make | ||
available the medical records of patients for whom services | ||
are not reimbursed under this Code or to provide access to | ||
medical records more than 6 years old; (iv) when the vendor |
has knowingly made, or caused to be made, any false | ||
statement or representation of a material fact in | ||
connection with the administration of the medical | ||
assistance program; or (v) when the vendor previously | ||
rendered services while terminated, suspended, or excluded | ||
from participation in the medical assistance program or | ||
while terminated or excluded from participation in another | ||
state or federal medical assistance or health care program. | ||
(2) Notwithstanding any other provision of law, if a | ||
vendor has the same taxpayer identification number | ||
(assigned under Section 6109 of the Internal Revenue Code | ||
of 1986) as is assigned to a vendor with past-due financial | ||
obligations to the Illinois Department, the Illinois | ||
Department may make any necessary adjustments to payments | ||
to that vendor in order to satisfy any past-due | ||
obligations, regardless of whether the vendor is assigned a | ||
different billing number under the medical assistance | ||
program.
| ||
If the Illinois Department establishes through an | ||
administrative
hearing that the overpayments resulted from the | ||
vendor
or alternate payee knowingly making, using, or causing | ||
to be made or used, a false record or statement to obtain | ||
payment or other benefit from the medical assistance program | ||
under Article V, the Department may
recover interest on the | ||
amount of the payment or other benefit at the rate of 5% per | ||
annum.
In addition to any other penalties that may be |
prescribed by law, such a vendor or alternate payee shall be | ||
subject to civil penalties consisting of an amount not to | ||
exceed 3 times the amount of payment or other benefit resulting | ||
from each such false record or statement, and the sum of $2,000 | ||
for each such false record or statement for payment or other | ||
benefit. For purposes of this paragraph,
"knowingly" means that | ||
a vendor or alternate payee with respect to information: (i) | ||
has
actual knowledge of the information, (ii) acts in | ||
deliberate ignorance of the truth or falsity of the | ||
information, or (iii) acts in reckless disregard of the truth | ||
or falsity of the information. No proof of specific intent to | ||
defraud is required.
| ||
(F) The Illinois Department may withhold payments to any | ||
vendor
or alternate payee prior to or during the pendency of | ||
any audit or proceeding under this Section, and through the | ||
pendency of any administrative appeal or administrative review | ||
by any court proceeding. The Illinois Department shall
state by | ||
rule with as much specificity as practicable the conditions
| ||
under which payments will not be withheld under this Section. | ||
Payments may be denied for bills
submitted with service dates | ||
occurring during the pendency of a
proceeding, after a final | ||
decision has been rendered, or after the conclusion of any | ||
administrative appeal, where the final administrative decision | ||
is to terminate, exclude, or suspend
eligibility to participate | ||
in the medical assistance program. The
Illinois Department | ||
shall state by rule with as much specificity as
practicable the |
conditions under which payments will not be denied for
such | ||
bills.
The Illinois
Department shall state by rule a process | ||
and criteria by
which a vendor or alternate payee may request | ||
full or partial release of payments withheld under
this | ||
subsection. The Department must complete a proceeding under | ||
this Section
in a timely manner.
| ||
Notwithstanding recovery allowed under subsection (E) or | ||
this subsection (F), the Illinois Department may withhold | ||
payments to any vendor or alternate payee who is not properly | ||
licensed, certified, or in compliance with State or federal | ||
agency regulations. Payments may be denied for bills submitted | ||
with service dates occurring during the period of time that a | ||
vendor is not properly licensed, certified, or in compliance | ||
with State or federal regulations. Facilities licensed under
| ||
the Nursing Home Care Act shall have payments denied or
| ||
withheld pursuant to subsection (I) of this Section. | ||
(F-5) The Illinois Department may temporarily withhold | ||
payments to
a vendor or alternate payee if any of the following | ||
individuals have been indicted or
otherwise charged under a law | ||
of the United States or this or any other state
with an offense | ||
that is based on alleged fraud or willful
misrepresentation on | ||
the part of the individual related to (i) the medical
| ||
assistance program under Article V of this Code, (ii) a federal | ||
or another state's medical assistance
or health care program, | ||
or (iii) the provision of health care services:
| ||
(1) If the vendor or alternate payee is a corporation: |
an officer of the corporation
or an individual who owns, | ||
either directly or indirectly, 5% or more
of the shares of | ||
stock or other evidence of ownership of the
corporation.
| ||
(2) If the vendor is a sole proprietorship: the owner | ||
of the sole
proprietorship.
| ||
(3) If the vendor or alternate payee is a partnership: | ||
a partner in the partnership.
| ||
(4) If the vendor or alternate payee is any other | ||
business entity authorized by law
to transact business in | ||
this State: an officer of the entity or an
individual who | ||
owns, either directly or indirectly, 5% or more of the
| ||
evidences of ownership of the entity.
| ||
If the Illinois Department withholds payments to a vendor | ||
or alternate payee under this
subsection, the Department shall | ||
not release those payments to the vendor
or alternate payee
| ||
while any criminal proceeding related to the indictment or | ||
charge is pending
unless the Department determines that there | ||
is good cause to release the
payments before completion of the | ||
proceeding. If the indictment or charge
results in the | ||
individual's conviction, the Illinois Department shall retain
| ||
all withheld
payments, which shall be considered forfeited to | ||
the Department. If the
indictment or charge does not result in | ||
the individual's conviction, the
Illinois Department
shall | ||
release to the vendor or alternate payee all withheld payments.
| ||
(F-10) If the Illinois Department establishes that the | ||
vendor or alternate payee owes a debt to the Illinois |
Department, and the vendor or alternate payee subsequently | ||
fails to pay or make satisfactory payment arrangements with the | ||
Illinois Department for the debt owed, the Illinois Department | ||
may seek all remedies available under the law of this State to | ||
recover the debt, including, but not limited to, wage | ||
garnishment or the filing of claims or liens against the vendor | ||
or alternate payee. | ||
(F-15) Enforcement of judgment. | ||
(1) Any fine, recovery amount, other sanction, or costs | ||
imposed, or part of any fine, recovery amount, other | ||
sanction, or cost imposed, remaining unpaid after the | ||
exhaustion of or the failure to exhaust judicial review | ||
procedures under the Illinois Administrative Review Law is | ||
a debt due and owing the State and may be collected using | ||
all remedies available under the law. | ||
(2) After expiration of the period in which judicial | ||
review under the Illinois Administrative Review Law may be | ||
sought for a final administrative decision, unless stayed | ||
by a court of competent jurisdiction, the findings, | ||
decision, and order of the Director may be enforced in the | ||
same manner as a judgment entered by a court of competent | ||
jurisdiction. | ||
(3) In any case in which any person or entity has | ||
failed to comply with a judgment ordering or imposing any | ||
fine or other sanction, any expenses incurred by the | ||
Illinois Department to enforce the judgment, including, |
but not limited to, attorney's fees, court costs, and costs | ||
related to property demolition or foreclosure, after they | ||
are fixed by a court of competent jurisdiction or the | ||
Director, shall be a debt due and owing the State and may | ||
be collected in accordance with applicable law. Prior to | ||
any expenses being fixed by a final administrative decision | ||
pursuant to this subsection (F-15), the Illinois | ||
Department shall provide notice to the individual or entity | ||
that states that the individual or entity shall appear at a | ||
hearing before the administrative hearing officer to | ||
determine whether the individual or entity has failed to | ||
comply with the judgment. The notice shall set the date for | ||
such a hearing, which shall not be less than 7 days from | ||
the date that notice is served. If notice is served by | ||
mail, the 7-day period shall begin to run on the date that | ||
the notice was deposited in the mail. | ||
(4) Upon being recorded in the manner required by | ||
Article XII of the Code of Civil Procedure or by the | ||
Uniform Commercial Code, a lien shall be imposed on the | ||
real estate or personal estate, or both, of the individual | ||
or entity in the amount of any debt due and owing the State | ||
under this Section. The lien may be enforced in the same | ||
manner as a judgment of a court of competent jurisdiction. | ||
A lien shall attach to all property and assets of such | ||
person, firm, corporation, association, agency, | ||
institution, or other legal entity until the judgment is |
satisfied. | ||
(5) The Director may set aside any judgment entered by
| ||
default and set a new hearing date upon a petition filed at
| ||
any time (i) if the petitioner's failure to appear at the
| ||
hearing was for good cause, or (ii) if the petitioner
| ||
established that the Department did not provide proper
| ||
service of process. If any judgment is set aside pursuant
| ||
to this paragraph (5), the hearing officer shall have
| ||
authority to enter an order extinguishing any lien which
| ||
has been recorded for any debt due and owing the Illinois
| ||
Department as a result of the vacated default judgment. | ||
(G) The provisions of the Administrative Review Law, as now | ||
or hereafter
amended, and the rules adopted pursuant
thereto, | ||
shall apply to and govern all proceedings for the judicial
| ||
review of final administrative decisions of the Illinois | ||
Department
under this Section. The term "administrative | ||
decision" is defined as in
Section 3-101 of the Code of Civil | ||
Procedure.
| ||
(G-5) Vendors who pose a risk of fraud, waste, abuse, or | ||
harm.
| ||
(1) Notwithstanding any other provision in this | ||
Section, the Department may terminate, suspend, or exclude | ||
vendors who pose a risk of fraud, waste, abuse, or harm | ||
from
participation in the medical assistance program prior
| ||
to an evidentiary hearing but after reasonable notice and | ||
opportunity to
respond as established by the Department by |
rule.
| ||
(2) Vendors who pose a risk of fraud, waste, abuse, or | ||
harm shall submit to a fingerprint-based criminal
| ||
background check on current and future information | ||
available in the State
system and current information | ||
available through the Federal Bureau of
Investigation's | ||
system by submitting all necessary fees and information in | ||
the
form and manner
prescribed by the Department of State | ||
Police. The following individuals shall
be subject to the | ||
check:
| ||
(A) In the case of a vendor that is a corporation, | ||
every shareholder
who owns, directly or indirectly, 5% | ||
or more of the outstanding shares of
the corporation.
| ||
(B) In the case of a vendor that is a partnership, | ||
every partner.
| ||
(C) In the case of a vendor that is a sole | ||
proprietorship, the sole
proprietor.
| ||
(D) Each officer or manager of the vendor.
| ||
Each such vendor shall be responsible for payment of | ||
the cost of the
criminal background check.
| ||
(3) Vendors who pose a risk of fraud, waste, abuse, or | ||
harm may be
required to post a surety bond. The Department | ||
shall establish, by rule, the
criteria and requirements for | ||
determining when a surety bond must be posted and
the value | ||
of the bond.
| ||
(4) The Department, or its agents, may refuse to accept |
requests for authorization from specific vendors who pose a | ||
risk of fraud, waste, abuse, or harm, including | ||
prior-approval and
post-approval requests, if:
| ||
(A) the Department has initiated a notice of | ||
termination, suspension, or exclusion of the
vendor | ||
from participation in the medical assistance program; | ||
or
| ||
(B) the Department has issued notification of its | ||
withholding of
payments pursuant to subsection (F-5) | ||
of this Section; or
| ||
(C) the Department has issued a notification of its | ||
withholding of
payments due to reliable evidence of | ||
fraud or willful misrepresentation
pending | ||
investigation.
| ||
(5) As used in this subsection, the following terms are | ||
defined as follows: | ||
(A) "Fraud" means an intentional deception or | ||
misrepresentation made by a person with the knowledge | ||
that the deception could result in some unauthorized | ||
benefit to himself or herself or some other person. It | ||
includes any act that constitutes fraud under | ||
applicable federal or State law. | ||
(B) "Abuse" means provider practices that are | ||
inconsistent with sound fiscal, business, or medical | ||
practices and that result in an unnecessary cost to the | ||
medical assistance program or in reimbursement for |
services that are not medically necessary or that fail | ||
to meet professionally recognized standards for health | ||
care. It also includes recipient practices that result | ||
in unnecessary cost to the medical assistance program. | ||
Abuse does not include diagnostic or therapeutic | ||
measures conducted primarily as a safeguard against | ||
possible vendor liability. | ||
(C) "Waste" means the unintentional misuse of | ||
medical assistance resources, resulting in unnecessary | ||
cost to the medical assistance program. Waste does not | ||
include diagnostic or therapeutic measures conducted | ||
primarily as a safeguard against possible vendor | ||
liability. | ||
(D) "Harm" means physical, mental, or monetary | ||
damage to recipients or to the medical assistance | ||
program. | ||
(G-6) The Illinois Department, upon making a determination | ||
based upon information in the possession of the Illinois | ||
Department that continuation of participation in the medical | ||
assistance program by a vendor would constitute an immediate | ||
danger to the public, may immediately suspend such vendor's | ||
participation in the medical assistance program without a | ||
hearing. In instances in which the Illinois Department | ||
immediately suspends the medical assistance program | ||
participation of a vendor under this Section, a hearing upon | ||
the vendor's participation must be convened by the Illinois |
Department within 15 days after such suspension and completed | ||
without appreciable delay. Such hearing shall be held to | ||
determine whether to recommend to the Director that the | ||
vendor's medical assistance program participation be denied, | ||
terminated, suspended, placed on provisional status, or | ||
reinstated. In the hearing, any evidence relevant to the vendor | ||
constituting an immediate danger to the public may be | ||
introduced against such vendor; provided, however, that the | ||
vendor, or his or her counsel, shall have the opportunity to | ||
discredit, impeach, and submit evidence rebutting such | ||
evidence. | ||
(H) Nothing contained in this Code shall in any way limit | ||
or
otherwise impair the authority or power of any State agency | ||
responsible
for licensing of vendors.
| ||
(I) Based on a finding of noncompliance on the part of a | ||
nursing home with
any requirement for certification under Title | ||
XVIII or XIX of the Social
Security Act (42 U.S.C. Sec. 1395 et | ||
seq. or 42 U.S.C. Sec. 1396 et seq.), the
Illinois Department | ||
may impose one or more of the following remedies after
notice | ||
to the facility:
| ||
(1) Termination of the provider agreement.
| ||
(2) Temporary management.
| ||
(3) Denial of payment for new admissions.
| ||
(4) Civil money penalties.
| ||
(5) Closure of the facility in emergency situations or | ||
transfer of
residents, or both.
|
(6) State monitoring.
| ||
(7) Denial of all payments when the U.S. Department of | ||
Health and Human Services has
imposed this sanction.
| ||
The Illinois Department shall by rule establish criteria | ||
governing continued
payments to a nursing facility subsequent | ||
to termination of the facility's
provider agreement if, in the | ||
sole discretion of the Illinois Department,
circumstances | ||
affecting the health, safety, and welfare of the facility's
| ||
residents require those continued payments. The Illinois | ||
Department may
condition those continued payments on the | ||
appointment of temporary management,
sale of the facility to | ||
new owners or operators, or other
arrangements that the | ||
Illinois Department determines best serve the needs of
the | ||
facility's residents.
| ||
Except in the case of a facility that has a right to a | ||
hearing on the finding
of noncompliance before an agency of the | ||
federal government, a facility may
request a hearing before a | ||
State agency on any finding of noncompliance within
60 days | ||
after the notice of the intent to impose a remedy. Except in | ||
the case
of civil money penalties, a request for a hearing | ||
shall not delay imposition of
the penalty. The choice of | ||
remedies is not appealable at a hearing. The level
of | ||
noncompliance may be challenged only in the case of a civil | ||
money penalty.
The Illinois Department shall provide by rule | ||
for the State agency that will
conduct the evidentiary | ||
hearings.
|
The Illinois Department may collect interest on unpaid | ||
civil money penalties.
| ||
The Illinois Department may adopt all rules necessary to | ||
implement this
subsection (I).
| ||
(J) The Illinois Department, by rule, may permit individual | ||
practitioners to designate that Department payments that may be | ||
due the practitioner be made to an alternate payee or alternate | ||
payees. | ||
(a) Such alternate payee or alternate payees shall be | ||
required to register as an alternate payee in the Medical | ||
Assistance Program with the Illinois Department. | ||
(b) If a practitioner designates an alternate payee, | ||
the alternate payee and practitioner shall be jointly and | ||
severally liable to the Department for payments made to the | ||
alternate payee. Pursuant to subsection (E) of this | ||
Section, any Department action to suspend or deny payment | ||
or recover money or overpayments from an alternate payee | ||
shall be subject to an administrative hearing. | ||
(c) Registration as an alternate payee or alternate | ||
payees in the Illinois Medical Assistance Program shall be | ||
conditional. At any time, the Illinois Department may deny | ||
or cancel any alternate payee's registration in the | ||
Illinois Medical Assistance Program without cause. Any | ||
such denial or cancellation is not subject to an | ||
administrative hearing. | ||
(d) The Illinois Department may seek a revocation of |
any alternate payee, and all owners, officers, and | ||
individuals with management responsibility for such | ||
alternate payee shall be permanently prohibited from | ||
participating as an owner, an officer, or an individual | ||
with management responsibility with an alternate payee in | ||
the Illinois Medical Assistance Program, if after | ||
reasonable notice and opportunity for a hearing the | ||
Illinois Department finds that: | ||
(1) the alternate payee is not complying with the | ||
Department's policy or rules and regulations, or with | ||
the terms and conditions prescribed by the Illinois | ||
Department in its alternate payee registration | ||
agreement; or | ||
(2) the alternate payee has failed to keep or make | ||
available for inspection, audit, or copying, after | ||
receiving a written request from the Illinois | ||
Department, such records regarding payments claimed as | ||
an alternate payee; or | ||
(3) the alternate payee has failed to furnish any | ||
information requested by the Illinois Department | ||
regarding payments claimed as an alternate payee; or | ||
(4) the alternate payee has knowingly made, or | ||
caused to be made, any false statement or | ||
representation of a material fact in connection with | ||
the administration of the Illinois Medical Assistance | ||
Program; or |
(5) the alternate payee, a person with management | ||
responsibility for an alternate payee, an officer or | ||
person owning, either directly or indirectly, 5% or | ||
more of the shares of stock or other evidences of | ||
ownership in a corporate alternate payee, or a partner | ||
in a partnership which is an alternate payee: | ||
(a) was previously terminated, suspended, or | ||
excluded from participation as a vendor in the | ||
Illinois Medical Assistance Program, or was | ||
previously revoked as an alternate payee in the | ||
Illinois Medical Assistance Program, or was | ||
terminated, suspended, or excluded from | ||
participation as a vendor in a medical assistance | ||
program in another state that is of the same kind | ||
as the program of medical assistance provided | ||
under Article V of this Code; or | ||
(b) was a person with management | ||
responsibility for a vendor previously terminated, | ||
suspended, or excluded from participation as a | ||
vendor in the Illinois Medical Assistance Program, | ||
or was previously revoked as an alternate payee in | ||
the Illinois Medical Assistance Program, or was | ||
terminated, suspended, or excluded from | ||
participation as a vendor in a medical assistance | ||
program in another state that is of the same kind | ||
as the program of medical assistance provided |
under Article V of this Code, during the time of | ||
conduct which was the basis for that vendor's | ||
termination, suspension, or exclusion or alternate | ||
payee's revocation; or | ||
(c) was an officer, or person owning, either | ||
directly or indirectly, 5% or more of the shares of | ||
stock or other evidences of ownership in a | ||
corporate vendor previously terminated, suspended, | ||
or excluded from participation as a vendor in the | ||
Illinois Medical Assistance Program, or was | ||
previously revoked as an alternate payee in the | ||
Illinois Medical Assistance Program, or was | ||
terminated, suspended, or excluded from | ||
participation as a vendor in a medical assistance | ||
program in another state that is of the same kind | ||
as the program of medical assistance provided | ||
under Article V of this Code, during the time of | ||
conduct which was the basis for that vendor's | ||
termination, suspension, or exclusion; or | ||
(d) was an owner of a sole proprietorship or | ||
partner in a partnership previously terminated, | ||
suspended, or excluded from participation as a | ||
vendor in the Illinois Medical Assistance Program, | ||
or was previously revoked as an alternate payee in | ||
the Illinois Medical Assistance Program, or was | ||
terminated, suspended, or excluded from |
participation as a vendor in a medical assistance | ||
program in another state that is of the same kind | ||
as the program of medical assistance provided | ||
under Article V of this Code, during the time of | ||
conduct which was the basis for that vendor's | ||
termination, suspension, or exclusion or alternate | ||
payee's revocation; or | ||
(6) the alternate payee, a person with management | ||
responsibility for an alternate payee, an officer or | ||
person owning, either directly or indirectly, 5% or | ||
more of the shares of stock or other evidences of | ||
ownership in a corporate alternate payee, or a partner | ||
in a partnership which is an alternate payee: | ||
(a) has engaged in conduct prohibited by | ||
applicable federal or State law or regulation | ||
relating to the Illinois Medical Assistance | ||
Program; or | ||
(b) was a person with management | ||
responsibility for a vendor or alternate payee at | ||
the time that the vendor or alternate payee engaged | ||
in practices prohibited by applicable federal or | ||
State law or regulation relating to the Illinois | ||
Medical Assistance Program; or | ||
(c) was an officer, or person owning, either | ||
directly or indirectly, 5% or more of the shares of | ||
stock or other evidences of ownership in a vendor |
or alternate payee at the time such vendor or | ||
alternate payee engaged in practices prohibited by | ||
applicable federal or State law or regulation | ||
relating to the Illinois Medical Assistance | ||
Program; or | ||
(d) was an owner of a sole proprietorship or | ||
partner in a partnership which was a vendor or | ||
alternate payee at the time such vendor or | ||
alternate payee engaged in practices prohibited by | ||
applicable federal or State law or regulation | ||
relating to the Illinois Medical Assistance | ||
Program; or | ||
(7) the direct or indirect ownership of the vendor | ||
or alternate payee (including the ownership of a vendor | ||
or alternate payee that is a partner's interest in a | ||
vendor or alternate payee, or ownership of 5% or more | ||
of the shares of stock or other evidences of ownership | ||
in a corporate vendor or alternate payee) has been | ||
transferred by an individual who is terminated, | ||
suspended, or excluded or barred from participating as | ||
a vendor or is prohibited or revoked as an alternate | ||
payee to the individual's spouse, child, brother, | ||
sister, parent, grandparent, grandchild, uncle, aunt, | ||
niece, nephew, cousin, or relative by marriage. | ||
(K) The Illinois Department of Healthcare and Family | ||
Services may withhold payments, in whole or in part, to a |
provider or alternate payee where there is credible evidence, | ||
received from State or federal law enforcement or federal | ||
oversight agencies or from the results of a preliminary | ||
Department audit, that the circumstances giving rise to the | ||
need for a withholding of payments may involve fraud or willful | ||
misrepresentation under the Illinois Medical Assistance | ||
program. The Department shall by rule define what constitutes | ||
"credible" evidence for purposes of this subsection. The | ||
Department may withhold payments without first notifying the | ||
provider or alternate payee of its intention to withhold such | ||
payments. A provider or alternate payee may request a | ||
reconsideration of payment withholding, and the Department | ||
must grant such a request. The Department shall state by rule a | ||
process and criteria by which a provider or alternate payee may | ||
request full or partial release of payments withheld under this | ||
subsection. This request may be made at any time after the | ||
Department first withholds such payments. | ||
(a) The Illinois Department must send notice of its
| ||
withholding of program payments within 5 days of taking | ||
such action. The notice must set forth the general | ||
allegations as to the nature of the withholding action, but | ||
need not disclose any specific information concerning its | ||
ongoing investigation. The notice must do all of the | ||
following: | ||
(1) State that payments are being withheld in
| ||
accordance with this subsection. |
(2) State that the withholding is for a temporary
| ||
period, as stated in paragraph (b) of this
subsection, | ||
and cite the circumstances under which
withholding | ||
will be terminated. | ||
(3) Specify, when appropriate, which type or types
| ||
of Medicaid claims withholding is effective. | ||
(4) Inform the provider or alternate payee of the
| ||
right to submit written evidence for reconsideration | ||
of the withholding by
the Illinois Department. | ||
(5) Inform the provider or alternate payee that a | ||
written request may be made to the Illinois Department | ||
for full or partial release of withheld payments and | ||
that such requests may be made at any time after the | ||
Department first withholds such payments.
| ||
(b) All withholding-of-payment actions under this
| ||
subsection shall be temporary and shall not continue after | ||
any of the following: | ||
(1) The Illinois Department or the prosecuting
| ||
authorities determine that there is insufficient
| ||
evidence of fraud or willful misrepresentation by the
| ||
provider or alternate payee. | ||
(2) Legal proceedings related to the provider's or
| ||
alternate payee's alleged fraud, willful
| ||
misrepresentation, violations of this Act, or
| ||
violations of the Illinois Department's administrative
| ||
rules are completed. |
(3) The withholding of payments for a period of 3 | ||
years.
| ||
(c) The Illinois Department may adopt all rules | ||
necessary
to implement this subsection (K).
| ||
(K-5) The Illinois Department may withhold payments, in | ||
whole or in part, to a provider or alternate payee upon | ||
initiation of an audit, quality of care review, investigation | ||
when there is a credible allegation of fraud, or the provider | ||
or alternate payee demonstrating a clear failure to cooperate | ||
with the Illinois Department such that the circumstances give | ||
rise to the need for a withholding of payments. As used in this | ||
subsection, "credible allegation" is defined to include an | ||
allegation from any source, including, but not limited to, | ||
fraud hotline complaints, claims data mining, patterns | ||
identified through provider audits, civil actions filed under | ||
the Illinois False Claims Act, and law enforcement | ||
investigations. An allegation is considered to be credible when | ||
it has indicia of reliability. The Illinois Department may | ||
withhold payments without first notifying the provider or | ||
alternate payee of its intention to withhold such payments. A | ||
provider or alternate payee may request a hearing or a | ||
reconsideration of payment withholding, and the Illinois | ||
Department must grant such a request. The Illinois Department | ||
shall state by rule a process and criteria by which a provider | ||
or alternate payee may request a hearing or a reconsideration | ||
for the full or partial release of payments withheld under this |
subsection. This request may be made at any time after the | ||
Illinois Department first withholds such payments. | ||
(a) The Illinois Department must send notice of its | ||
withholding of program payments within 5 days of taking | ||
such action. The notice must set forth the general | ||
allegations as to the nature of the withholding action but | ||
need not disclose any specific information concerning its | ||
ongoing investigation. The notice must do all of the | ||
following: | ||
(1) State that payments are being withheld in | ||
accordance with this subsection. | ||
(2) State that the withholding is for a temporary | ||
period, as stated in paragraph (b) of this subsection, | ||
and cite the circumstances under which withholding | ||
will be terminated. | ||
(3) Specify, when appropriate, which type or types | ||
of claims are withheld. | ||
(4) Inform the provider or alternate payee of the | ||
right to request a hearing or a reconsideration of the | ||
withholding by the Illinois Department, including the | ||
ability to submit written evidence. | ||
(5) Inform the provider or alternate payee that a | ||
written request may be made to the Illinois Department | ||
for a hearing or a reconsideration for the full or | ||
partial release of withheld payments and that such | ||
requests may be made at any time after the Illinois |
Department first withholds such payments. | ||
(b) All withholding of payment actions under this | ||
subsection shall be temporary and shall not continue after | ||
any of the following: | ||
(1) The Illinois Department determines that there | ||
is insufficient evidence of fraud, or the provider or | ||
alternate payee demonstrates clear cooperation with | ||
the Illinois Department, as determined by the Illinois | ||
Department, such that the circumstances do not give | ||
rise to the need for withholding of payments; or | ||
(2) The withholding of payments has lasted for a | ||
period in excess of 3 years. | ||
(c) The Illinois Department may adopt all rules | ||
necessary to implement this subsection (K-5). | ||
(L) The Illinois Department shall establish a protocol to | ||
enable health care providers to disclose an actual or potential | ||
violation of this Section pursuant to a self-referral | ||
disclosure protocol, referred to in this subsection as "the | ||
protocol". The protocol shall include direction for health care | ||
providers on a specific person, official, or office to whom | ||
such disclosures shall be made. The Illinois Department shall | ||
post information on the protocol on the Illinois Department's | ||
public website. The Illinois Department may adopt rules | ||
necessary to implement this subsection (L). In addition to | ||
other factors that the Illinois Department finds appropriate, | ||
the Illinois Department may consider a health care provider's |
timely use or failure to use the protocol in considering the | ||
provider's failure to comply with this Code. | ||
(M) Notwithstanding any other provision of this Code, the | ||
Illinois Department, at its discretion, may exempt an entity | ||
licensed under the Nursing Home Care Act and the ID/DD | ||
Community Care Act from the provisions of subsections (A-15), | ||
(B), and (C) of this Section if the licensed entity is in | ||
receivership. | ||
(Source: P.A. 97-689, eff. 6-14-12; revised 8-3-12.)
| ||
Section 510. The Abandoned Newborn Infant Protection Act is | ||
amended by changing Section 25 as follows: | ||
(325 ILCS 2/25)
| ||
Sec. 25. Immunity for relinquishing person.
| ||
(a) The act of relinquishing a newborn infant to a | ||
hospital, police
station, fire
station, or emergency medical | ||
facility in accordance with this Act
does not, by itself, | ||
constitute a basis for a finding of abuse,
neglect, or | ||
abandonment of the infant pursuant to the laws of this State | ||
nor
does it, by itself, constitute a violation of Section 12C-5 | ||
or 12C-10 of the
Criminal Code of 2012 1961 .
| ||
(b) If there is suspected child abuse or neglect
that is | ||
not based solely on the newborn infant's relinquishment to a
| ||
hospital, police station, fire station, or emergency medical | ||
facility, the
personnel
of the hospital, police station, fire |
station, or emergency medical
facility who are
mandated | ||
reporters under the Abused and Neglected Child Reporting Act | ||
must
report the abuse or neglect pursuant to that Act.
| ||
(c) Neither a child protective investigation nor a criminal
| ||
investigation may be initiated solely because a newborn infant | ||
is
relinquished pursuant to this Act.
| ||
(Source: P.A. 97-1109, eff. 1-1-13.)
| ||
Section 515. The Abused and Neglected Child Reporting Act | ||
is amended by changing Sections 3, 4, 4.5, 7, 7.6, and 7.8 as | ||
follows: | ||
(325 ILCS 5/3) (from Ch. 23, par. 2053) | ||
Sec. 3. As used in this Act unless the context otherwise | ||
requires: | ||
"Adult resident" means any person between 18 and 22 years | ||
of age who resides in any facility licensed by the Department | ||
under the Child Care Act of 1969. For purposes of this Act, the | ||
criteria set forth in the definitions of "abused child" and | ||
"neglected child" shall be used in determining whether an adult | ||
resident is abused or neglected. | ||
"Blatant disregard" means an incident where the real, | ||
significant, and imminent risk of harm would be so obvious to a | ||
reasonable parent or caretaker that it is unlikely that a | ||
reasonable parent or caretaker would have exposed the child to | ||
the danger without exercising precautionary measures to |
protect the child from harm. | ||
"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 2012 1961, as amended, or in the Wrongs to | ||
Children Act,
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
2012 1961 , against the child; | ||
(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; or | ||
(h) commits or allows to be committed the offense of | ||
involuntary servitude, involuntary sexual servitude of a | ||
minor, or trafficking in persons as defined in Section 10-9 | ||
of the Criminal Code of 2012 1961 against the child. | ||
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 subjected to an environment which is injurious insofar | ||
as (i) the child's environment creates a likelihood of harm to | ||
the child's health, physical well-being, or welfare and (ii) | ||
the likely harm to the child is the result of a blatant | ||
disregard of parent or caretaker responsibilities; 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 has | ||
been provided with interim crisis intervention services under
| ||
Section 3-5 of
the Juvenile Court Act of 1987 and whose parent, | ||
guardian, or custodian refuses to
permit
the child to return | ||
home and no other living arrangement agreeable
to the parent, | ||
guardian, or custodian can be made, and the parent, guardian, | ||
or custodian has not made any other appropriate living | ||
arrangement for the child; 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, including any person that is the | ||
custodian of a child under 18 years of age who commits or | ||
allows to be committed, against the child, the offense of | ||
involuntary servitude, involuntary sexual servitude of a | ||
minor, or trafficking in persons for forced labor or services, | ||
as provided in Section 10-9 of the Criminal Code of 2012 1961 , | ||
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 as an alleged victim of child abuse or neglect | ||
and
the parent or guardian of the alleged victim or other | ||
person responsible for the alleged victim's welfare who is | ||
named in the report or added to the report as an alleged | ||
perpetrator of child abuse or neglect. | ||
"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. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10; | ||
96-1464, eff. 8-20-10; 97-333, eff. 8-12-11; 97-803, eff. | ||
7-13-12; 97-897, eff. 1-1-13; 97-1063, eff. 8-24-12; revised | ||
9-20-12.)
| ||
(325 ILCS 5/4) (from Ch. 23, par. 2054)
|
Sec. 4. Persons required to report; privileged | ||
communications;
transmitting false report. Any physician, | ||
resident, intern, hospital,
hospital administrator
and | ||
personnel engaged in examination, care and treatment of | ||
persons, surgeon,
dentist, dentist hygienist, osteopath, | ||
chiropractor, podiatrist, physician
assistant, substance abuse | ||
treatment personnel, funeral home
director or employee, | ||
coroner, medical examiner, emergency medical technician,
| ||
acupuncturist, crisis line or hotline personnel, school | ||
personnel (including administrators and both certified and | ||
non-certified school employees), personnel of institutions of | ||
higher education, educational
advocate assigned to a child | ||
pursuant to the School Code, member of a school board or the | ||
Chicago Board of Education or the governing body of a private | ||
school (but only to the extent required in accordance with | ||
other provisions of this Section expressly concerning the duty | ||
of school board members to report suspected child abuse), | ||
truant officers,
social worker, social services administrator,
| ||
domestic violence program personnel, registered nurse, | ||
licensed
practical nurse, genetic counselor,
respiratory care | ||
practitioner, advanced practice nurse, home
health aide, | ||
director or staff
assistant of a nursery school or a child day | ||
care center, recreational or athletic program
or facility | ||
personnel, early intervention provider as defined in the Early | ||
Intervention Services System Act, law enforcement officer, | ||
licensed professional
counselor, licensed clinical |
professional counselor, registered psychologist
and
assistants | ||
working under the direct supervision of a psychologist,
| ||
psychiatrist, or field personnel of the Department of | ||
Healthcare and Family Services,
Juvenile Justice, Public | ||
Health, Human Services (acting as successor to the Department | ||
of Mental
Health and Developmental Disabilities, | ||
Rehabilitation Services, or Public Aid),
Corrections, Human | ||
Rights, or Children and Family Services, supervisor and
| ||
administrator of general assistance under the Illinois Public | ||
Aid Code,
probation officer, animal control officer or Illinois | ||
Department of Agriculture Bureau of Animal Health and Welfare | ||
field investigator, or any other foster parent, homemaker or | ||
child care worker
having reasonable cause to believe a child | ||
known to them in their professional
or official capacity may be | ||
an abused child or a neglected child shall
immediately report | ||
or cause a report to be made to the Department.
| ||
Any member of the clergy having reasonable cause to believe | ||
that a child
known to that member of the clergy in his or her | ||
professional capacity may be
an abused child as defined in item | ||
(c) of the definition of "abused child" in
Section 3 of this | ||
Act shall immediately report or cause a report to be made to
| ||
the Department.
| ||
Any physician, physician's assistant, registered nurse, | ||
licensed practical nurse, medical technician, certified | ||
nursing assistant, social worker, or licensed professional | ||
counselor of any office, clinic, or any other physical location |
that provides abortions, abortion referrals, or contraceptives | ||
having reasonable cause to believe a child known to him or her | ||
in his or her professional
or official capacity may be an | ||
abused child or a neglected child shall
immediately report or | ||
cause a report to be made to the Department. | ||
If an allegation is raised to a school board member during | ||
the course of an open or closed school board meeting that a | ||
child who is enrolled in the school district of which he or she | ||
is a board member is an abused child as defined in Section 3 of | ||
this Act, the member shall direct or cause the school board to | ||
direct the superintendent of the school district or other | ||
equivalent school administrator to comply with the | ||
requirements of this Act concerning the reporting of child | ||
abuse. For purposes of this paragraph, a school board member is | ||
granted the authority in his or her individual capacity to | ||
direct the superintendent of the school district or other | ||
equivalent school administrator to comply with the | ||
requirements of this Act concerning the reporting of child | ||
abuse.
| ||
Notwithstanding any other provision of this Act, if an | ||
employee of a school district has made a report or caused a | ||
report to be made to the Department under this Act involving | ||
the conduct of a current or former employee of the school | ||
district and a request is made by another school district for | ||
the provision of information concerning the job performance or | ||
qualifications of the current or former employee because he or |
she is an applicant for employment with the requesting school | ||
district, the general superintendent of the school district to | ||
which the request is being made must disclose to the requesting | ||
school district the fact that an employee of the school | ||
district has made a report involving the conduct of the | ||
applicant or caused a report to be made to the Department, as | ||
required under this Act. Only the fact that an employee of the | ||
school district has made a report involving the conduct of the | ||
applicant or caused a report to be made to the Department may | ||
be disclosed by the general superintendent of the school | ||
district to which the request for information concerning the | ||
applicant is made, and this fact may be disclosed only in cases | ||
where the employee and the general superintendent have not been | ||
informed by the Department that the allegations were unfounded. | ||
An employee of a school district who is or has been the subject | ||
of a report made pursuant to this Act during his or her | ||
employment with the school district must be informed by that | ||
school district that if he or she applies for employment with | ||
another school district, the general superintendent of the | ||
former school district, upon the request of the school district | ||
to which the employee applies, shall notify that requesting | ||
school district that the employee is or was the subject of such | ||
a report.
| ||
Whenever
such person is required to report under this Act | ||
in his capacity as a member of
the staff of a medical or other | ||
public or private institution, school, facility
or agency, or |
as a member of the clergy, he shall
make report immediately to | ||
the Department in accordance
with the provisions of this Act | ||
and may also notify the person in charge of
such institution, | ||
school, facility or agency, or church, synagogue, temple,
| ||
mosque, or other religious institution, or his
designated agent | ||
that such
report has been made. Under no circumstances shall | ||
any person in charge of
such institution, school, facility or | ||
agency, or church, synagogue, temple,
mosque, or other | ||
religious institution, or his
designated agent to whom
such | ||
notification has been made, exercise any control, restraint, | ||
modification
or other change in the report or the forwarding of | ||
such report to the
Department.
| ||
The privileged quality of communication between any | ||
professional
person required to report
and his patient or | ||
client shall not apply to situations involving abused or
| ||
neglected children and shall not constitute grounds for failure | ||
to report
as required by this Act or constitute grounds for | ||
failure to share information or documents with the Department | ||
during the course of a child abuse or neglect investigation. If | ||
requested by the professional, the Department shall confirm in | ||
writing that the information or documents disclosed by the | ||
professional were gathered in the course of a child abuse or | ||
neglect investigation.
| ||
A member of the clergy may claim the privilege under | ||
Section 8-803 of the
Code of Civil Procedure.
| ||
Any office, clinic, or any other physical location that |
provides abortions, abortion referrals, or contraceptives | ||
shall provide to all office personnel copies of written | ||
information and training materials about abuse and neglect and | ||
the requirements of this Act that are provided to employees of | ||
the office, clinic, or physical location who are required to | ||
make reports to the Department under this Act, and instruct | ||
such office personnel to bring to the attention of an employee | ||
of the office, clinic, or physical location who is required to | ||
make reports to the Department under this Act any reasonable | ||
suspicion that a child known to him or her in his or her | ||
professional or official capacity may be an abused child or a | ||
neglected child. In addition to the above persons required to
| ||
report suspected cases of abused or neglected children, any | ||
other person
may make a report if such person has reasonable | ||
cause to believe a child
may be an abused child or a neglected | ||
child.
| ||
Any person who enters into
employment on and after July 1, | ||
1986 and is mandated by virtue of that
employment to report | ||
under this Act, shall sign a statement on a form
prescribed by | ||
the Department, to the effect that the employee has knowledge
| ||
and understanding of the reporting requirements of this Act. | ||
The statement
shall be signed prior to commencement of the | ||
employment. The signed
statement shall be retained by the | ||
employer. The cost of printing,
distribution, and filing of the | ||
statement shall be borne by the employer.
| ||
The Department shall provide copies of this Act, upon |
request, to all
employers employing persons who shall be | ||
required under the provisions of
this Section to report under | ||
this Act.
| ||
Any person who knowingly transmits a false report to the | ||
Department
commits the offense of disorderly conduct under | ||
subsection (a)(7) of
Section 26-1 of the " Criminal Code of 2012 | ||
1961" . A violation of this provision is a Class 4 felony.
| ||
Any person who knowingly and willfully violates any | ||
provision of this
Section other than a second or subsequent | ||
violation of transmitting a
false report as described in the
| ||
preceding paragraph, is guilty of a
Class A misdemeanor for
a | ||
first violation and a Class
4 felony for a
second or subsequent | ||
violation; except that if the person acted as part
of a plan or | ||
scheme having as its object the
prevention of discovery of an | ||
abused or neglected child by lawful authorities
for the
purpose | ||
of protecting or insulating any person or entity from arrest or
| ||
prosecution, the
person is guilty of a Class 4 felony for a | ||
first offense and a Class 3 felony
for a second or
subsequent | ||
offense (regardless of whether the second or subsequent offense
| ||
involves any
of the same facts or persons as the first or other | ||
prior offense).
| ||
A child whose parent, guardian or custodian in good faith | ||
selects and depends
upon spiritual means through prayer alone | ||
for the treatment or cure of
disease or remedial care may be | ||
considered neglected or abused, but not for
the sole reason | ||
that his parent, guardian or custodian accepts and
practices |
such beliefs.
| ||
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.
| ||
Nothing in this Act prohibits a mandated reporter who | ||
reasonably believes that an animal is being abused or neglected | ||
in violation of the Humane Care for Animals Act from reporting | ||
animal abuse or neglect to the Department of Agriculture's | ||
Bureau of Animal Health and Welfare. | ||
A home rule unit may not regulate the reporting of child | ||
abuse or neglect in a manner inconsistent with the provisions | ||
of this Section. This Section is a limitation under subsection | ||
(i) of Section 6 of Article VII of the Illinois Constitution on | ||
the concurrent exercise by home rule units of powers and | ||
functions exercised by the State. | ||
For purposes of this Section "child abuse or neglect" | ||
includes abuse or neglect of an adult resident as defined in | ||
this Act. | ||
(Source: P.A. 96-494, eff. 8-14-09; 96-1446, eff. 8-20-10; | ||
97-189, eff. 7-22-11; 97-254, eff. 1-1-12; 97-387, eff. | ||
8-15-11; 97-711, eff. 6-27-12; 97-813, eff. 7-13-12.)
| ||
(325 ILCS 5/4.5) | ||
Sec. 4.5. Electronic and information technology workers; | ||
reporting child pornography. | ||
(a) In this Section: |
"Child pornography" means child pornography as described | ||
in Section 11-20.1 of the Criminal Code of 2012 1961 or | ||
aggravated child pornography as described in Section 11-20.1B | ||
of the Criminal Code of 1961 . | ||
"Electronic and information technology equipment" means | ||
equipment used in the creation, manipulation, storage, | ||
display, or transmission of data, including internet and | ||
intranet systems, software applications, operating systems, | ||
video and multimedia, telecommunications products, kiosks, | ||
information transaction machines, copiers, printers, and | ||
desktop and portable computers. | ||
"Electronic and information technology equipment worker" | ||
means a person who in the scope and course of his or her | ||
employment or business installs, repairs, or otherwise | ||
services electronic and information technology equipment for a | ||
fee but does not include (i) an employee, independent | ||
contractor, or other agent of a telecommunications carrier or | ||
telephone or telecommunications cooperative, as those terms | ||
are defined in the Public Utilities Act, or (ii) an employee, | ||
independent contractor, or other agent of a provider of | ||
commercial mobile radio service, as defined in 47 C.F.R. 20.3. | ||
(b) If an electronic and information technology equipment | ||
worker discovers any depiction of child pornography while | ||
installing, repairing, or otherwise servicing an item of | ||
electronic and information technology equipment, that worker | ||
or the worker's employer shall immediately report the discovery |
to the local law enforcement agency or to the Cyber Tipline at | ||
the National Center for Missing & Exploited Children. | ||
(c) If a report is filed in accordance with the | ||
requirements of 42 U.S.C. 13032, the requirements of this | ||
Section 4.5 will be deemed to have been met. | ||
(d) An electronic and information technology equipment | ||
worker or electronic and information technology equipment | ||
worker's employer who reports a discovery of child pornography | ||
as required under this Section is immune from any criminal, | ||
civil, or administrative liability in connection with making | ||
the report, except for willful or wanton misconduct. | ||
(e) Failure to report a discovery of child pornography as | ||
required under this Section is a business offense subject to a | ||
fine of $1,001.
| ||
(Source: P.A. 95-944, eff. 8-29-08; 96-1551, eff. 7-1-11 .)
| ||
(325 ILCS 5/7) (from Ch. 23, par. 2057)
| ||
Sec. 7. Time and manner of making reports. All reports of | ||
suspected
child abuse or neglect made
under this Act shall be | ||
made immediately by telephone to the central register
| ||
established under Section 7.7 on the single, State-wide, | ||
toll-free telephone
number established in Section 7.6, or in | ||
person or by telephone through
the nearest Department office. | ||
The Department shall, in cooperation with
school officials, | ||
distribute
appropriate materials in school buildings
listing | ||
the toll-free telephone number established in Section 7.6,
|
including methods of making a report under this Act.
The | ||
Department may, in cooperation with appropriate members of the | ||
clergy,
distribute appropriate materials in churches, | ||
synagogues, temples, mosques, or
other religious buildings | ||
listing the toll-free telephone number
established in Section | ||
7.6, including methods of making a report under this
Act.
| ||
Wherever the Statewide number is posted, there shall also | ||
be posted the
following notice:
| ||
"Any person who knowingly transmits a false report to the | ||
Department
commits the offense of disorderly conduct under | ||
subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012 | ||
1961 . A violation of this subsection is a Class 4 felony."
| ||
The report required by this Act shall include, if known, | ||
the name
and address of the child and his parents or other | ||
persons having his
custody; the child's age; the nature of the | ||
child's condition including any
evidence of previous injuries | ||
or disabilities; and any other information
that the person | ||
filing the report believes might be helpful in
establishing the | ||
cause of such abuse or neglect and the identity of the
person | ||
believed to have caused such abuse or neglect. Reports made to | ||
the
central register through the State-wide, toll-free | ||
telephone number shall
be immediately transmitted by the | ||
Department to the appropriate Child Protective Service
Unit. | ||
All such reports alleging the death of a child,
serious injury | ||
to a child including, but not limited to, brain damage,
skull | ||
fractures, subdural hematomas, and internal injuries, torture |
of a
child, malnutrition of a child, and sexual abuse to a | ||
child, including, but
not limited to, sexual intercourse, | ||
sexual exploitation, sexual
molestation, and sexually | ||
transmitted disease in a child age
12 and under, shall also be | ||
immediately transmitted by the Department to the appropriate | ||
local law enforcement agency. The Department shall within 24 | ||
hours orally notify local law
enforcement personnel and the | ||
office of the State's Attorney of the
involved county of the | ||
receipt of any report alleging the death of a child,
serious | ||
injury to a child including, but not limited to, brain damage,
| ||
skull fractures, subdural hematomas, and, internal injuries, | ||
torture of a
child, malnutrition of a child, and sexual abuse | ||
to a child, including, but
not limited to, sexual intercourse, | ||
sexual exploitation, sexual
molestation, and sexually | ||
transmitted disease in a child age
twelve and under. All
oral | ||
reports made by the Department to local law enforcement | ||
personnel and
the office of the State's Attorney of the | ||
involved county shall be
confirmed in writing within 24
hours | ||
of the oral report. All reports by
persons mandated to report | ||
under this Act shall be confirmed in writing to
the appropriate | ||
Child Protective Service Unit, which may be on forms
supplied | ||
by the Department, within 48 hours of any initial report.
| ||
Written confirmation reports from persons not required to | ||
report by this
Act may be made to the appropriate Child | ||
Protective Service Unit. Written
reports from persons required | ||
by this Act to report shall be admissible
in evidence in any |
judicial proceeding or administrative hearing relating to | ||
child abuse or neglect.
Reports involving known or suspected | ||
child abuse or neglect in public or
private residential | ||
agencies or institutions shall be made and received
in the same | ||
manner as all other reports made under this Act.
| ||
For purposes of this Section "child" includes an adult | ||
resident as defined in this Act. | ||
(Source: P.A. 96-1446, eff. 8-20-10; 97-189, eff. 7-22-11; | ||
97-387, eff. 8-15-11; 97-813, eff. 7-13-12.)
| ||
(325 ILCS 5/7.6) (from Ch. 23, par. 2057.6)
| ||
Sec. 7.6.
There shall be a single State-wide, toll-free | ||
telephone number
established and maintained by the Department | ||
which all persons, whether
or not mandated by law, may use to | ||
report suspected child abuse
or neglect at any hour of the day | ||
or night, on any day of the week. Immediately
upon receipt of | ||
such reports, the Department shall transmit the contents
of the | ||
report, either orally or electronically, to the appropriate | ||
Child
Protective Service Unit. Any other person may use the | ||
State-wide number
to obtain assistance or information | ||
concerning the handling of child abuse
and neglect cases.
| ||
Wherever the Statewide number is posted, there shall also | ||
be posted the
following notice:
| ||
"Any person who knowingly transmits a false report to the | ||
Department
commits the offense of disorderly conduct under | ||
subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012 |
1961 . A violation of this subsection is a Class 4 felony."
| ||
(Source: P.A. 97-189, eff. 7-22-11.)
| ||
(325 ILCS 5/7.8) (from Ch. 23, par. 2057.8)
| ||
Sec. 7.8.
Upon receiving an oral or written report of | ||
suspected
child abuse or neglect, the Department shall | ||
immediately notify, either
orally or electronically, the Child | ||
Protective Service Unit of a previous
report concerning a | ||
subject of the present report or other pertinent
information. | ||
In addition, upon satisfactory identification procedures, to
| ||
be established by Department regulation, any person authorized | ||
to have
access to records under Section 11.1 relating to child | ||
abuse and neglect
may request and shall be immediately provided | ||
the information requested in
accordance with this Act. However, | ||
no information shall be released unless
it prominently states | ||
the report is "indicated", and only information from
| ||
"indicated" reports shall be released, except that information | ||
concerning
pending reports may be released to any person | ||
authorized under
paragraphs (1), (2), (3) and (11) of Section | ||
11.1. In addition, State's
Attorneys are authorized to receive | ||
unfounded reports for prosecution
purposes related to the | ||
transmission of false reports of child abuse or
neglect in | ||
violation of subsection (a), paragraph (7) of Section 26-1
of | ||
the Criminal Code of 2012 1961 and guardians ad litem appointed | ||
under
Article II of the Juvenile Court Act of 1987 shall | ||
receive the classified
reports set forth in Section 7.14 of |
this Act in conformance with paragraph
(19) of Section 11.1 and | ||
Section 7.14 of this Act. The names and other
identifying data | ||
and the dates and the circumstances of any persons
requesting | ||
or receiving information from the central register shall be
| ||
entered in the register record.
| ||
(Source: P.A. 86-904; 86-1293; 87-649.)
| ||
Section 520. The Sexual Assault Survivors Emergency | ||
Treatment Act is amended by changing Section 1a as follows:
| ||
(410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
| ||
Sec. 1a. Definitions. In this Act:
| ||
"Ambulance provider" means an individual or entity that | ||
owns and operates a business or service using ambulances or | ||
emergency medical services vehicles to transport emergency | ||
patients.
| ||
"Areawide sexual assault treatment plan" means a plan, | ||
developed by the hospitals in the community or area to be | ||
served, which provides for hospital emergency services to | ||
sexual assault survivors that shall be made available by each | ||
of the participating hospitals.
| ||
"Department" means the Department of Public Health.
| ||
"Emergency contraception" means medication as approved by | ||
the federal Food and Drug Administration (FDA) that can | ||
significantly reduce the risk of pregnancy if taken within 72 | ||
hours after sexual assault.
|
"Follow-up healthcare" means healthcare services related | ||
to a sexual assault, including laboratory services and pharmacy | ||
services, rendered within 90 days of the initial visit for | ||
hospital emergency services.
| ||
"Forensic services" means the collection of evidence | ||
pursuant to a statewide sexual assault evidence collection | ||
program administered by the Department of State Police, using | ||
the Illinois State Police Sexual Assault Evidence Collection | ||
Kit.
| ||
"Health care professional" means a physician, a physician | ||
assistant, or an advanced practice nurse.
| ||
"Hospital" has the meaning given to that term in the | ||
Hospital Licensing Act.
| ||
"Hospital emergency services" means healthcare delivered | ||
to outpatients within or under the care and supervision of | ||
personnel working in a designated emergency department of a | ||
hospital, including, but not limited to, care ordered by such | ||
personnel for a sexual assault survivor in the emergency | ||
department.
| ||
"Illinois State Police Sexual Assault Evidence Collection | ||
Kit" means a prepackaged set of materials and forms to be used | ||
for the collection of evidence relating to sexual assault. The | ||
standardized evidence collection kit for the State of Illinois | ||
shall be the Illinois State Police Sexual Assault Evidence | ||
Collection Kit.
| ||
"Nurse" means a nurse licensed under the Nurse
Practice |
Act.
| ||
"Physician" means a person licensed to practice medicine in | ||
all its branches.
| ||
"Sexual assault" means an act of nonconsensual sexual | ||
conduct or sexual penetration, as defined in Section 11-0.1 of | ||
the Criminal Code of 2012 1961 , including, without limitation, | ||
acts prohibited under Sections 11-1.20 through 11-1.60 of the | ||
Criminal Code of 2012 1961 .
| ||
"Sexual assault survivor" means a person who presents for | ||
hospital emergency services in relation to injuries or trauma | ||
resulting from a sexual assault.
| ||
"Sexual assault transfer plan" means a written plan | ||
developed by a hospital and approved by the Department, which | ||
describes the hospital's procedures for transferring sexual | ||
assault survivors to another hospital in order to receive | ||
emergency treatment.
| ||
"Sexual assault treatment plan" means a written plan | ||
developed by a hospital that describes the hospital's | ||
procedures and protocols for providing hospital emergency | ||
services and forensic services to sexual assault survivors who | ||
present themselves for such services, either directly or | ||
through transfer from another hospital.
| ||
"Transfer services" means the appropriate medical | ||
screening examination and necessary stabilizing treatment | ||
prior to the transfer of a sexual assault survivor to a | ||
hospital that provides hospital emergency services and |
forensic services to sexual assault survivors pursuant to a | ||
sexual assault treatment plan or areawide sexual assault | ||
treatment plan.
| ||
(Source: P.A. 95-432, eff. 1-1-08; 96-328, eff. 8-11-09; | ||
96-1551, eff. 7-1-11 .)
| ||
Section 525. The Consent by Minors to Medical Procedures | ||
Act is amended by changing Section 3 as follows:
| ||
(410 ILCS 210/3) (from Ch. 111, par. 4503)
| ||
Sec. 3. (a) Where a hospital, a physician licensed to | ||
practice medicine
or surgery, an advanced practice nurse who | ||
has a written collaborative agreement with a collaborating | ||
physician that authorizes provision of services for minors, or | ||
a physician assistant who has been delegated authority to | ||
provide services for minors renders emergency treatment or | ||
first aid or a licensed dentist
renders emergency dental | ||
treatment to a minor, consent of the minor's parent
or legal | ||
guardian need not be obtained if, in the sole opinion of the
| ||
physician,
advanced practice nurse, physician assistant,
| ||
dentist, or hospital, the obtaining of consent is not | ||
reasonably feasible
under the circumstances without adversely | ||
affecting the condition of such
minor's health.
| ||
(b) Where a minor is the victim of a predatory criminal | ||
sexual assault of
a child, aggravated criminal sexual assault, | ||
criminal sexual assault,
aggravated criminal sexual abuse or |
criminal sexual abuse, as provided in
Sections 11-1.20 through | ||
11-1.60 of the Criminal Code of 2012 1961, as now or hereafter
| ||
amended , the consent
of the minor's parent or legal guardian | ||
need not be obtained to authorize
a hospital, physician, | ||
advanced practice nurse, physician assistant, or other medical | ||
personnel to furnish medical care
or counseling related to the | ||
diagnosis or treatment of any disease or injury
arising from | ||
such offense. The minor may consent to such counseling, | ||
diagnosis
or treatment as if the minor had reached his or her | ||
age of majority. Such
consent shall not be voidable, nor | ||
subject to later disaffirmance, because
of minority.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
Section 530. The AIDS Confidentiality Act is amended by | ||
changing Section 9 as follows:
| ||
(410 ILCS 305/9) (from Ch. 111 1/2, par. 7309)
| ||
Sec. 9. No person may disclose or be compelled to disclose | ||
the
identity of any person upon whom a test is performed, or | ||
the results of
such a test in a manner which permits | ||
identification of the subject of the
test, except to the | ||
following persons:
| ||
(a) The subject of the test or the subject's legally
| ||
authorized representative. A physician may notify the spouse of | ||
the
test subject, if the test result is positive and has been | ||
confirmed
pursuant to rules adopted by the Department, provided |
that the physician has
first sought unsuccessfully to persuade | ||
the patient to notify the spouse or
that, a reasonable time | ||
after the patient has agreed to make the
notification, the | ||
physician has reason to believe that the patient has not
| ||
provided the notification. This paragraph shall not create a | ||
duty or
obligation under which a physician must notify the | ||
spouse of the test
results, nor shall such duty or obligation | ||
be implied. No civil liability
or criminal sanction under this | ||
Act shall be imposed for any disclosure or
non-disclosure of a | ||
test result to a spouse by a physician acting in good
faith | ||
under this paragraph. For the purpose of any proceedings, civil | ||
or
criminal, the good faith of any physician acting under this | ||
paragraph shall
be presumed.
| ||
(b) Any person designated in a legally effective release of | ||
the test
results executed by the subject of the test or the | ||
subject's legally
authorized representative.
| ||
(c) An authorized agent or employee of a health facility or | ||
health care
provider if the health facility or health care | ||
provider itself is
authorized to obtain the test results, the | ||
agent or employee provides
patient care or handles or processes | ||
specimens of body fluids or tissues,
and the agent or employee | ||
has a need to know such information.
| ||
(d) The Department and local health authorities serving a | ||
population of over 1,000,000 residents or other local health | ||
authorities as designated by the Department, in accordance with | ||
rules for reporting and
controlling the spread of disease, as |
otherwise provided by State law.
The Department,
local health | ||
authorities, and authorized representatives shall not disclose
| ||
information and records held by them relating to known or | ||
suspected cases of
AIDS or HIV infection, publicly or in any | ||
action of any kind in any court or
before any tribunal, board, | ||
or agency. AIDS and HIV infection data shall be
protected from | ||
disclosure in accordance with the provisions of Sections 8-2101
| ||
through 8-2105 of the Code of Civil Procedure.
| ||
(e) A health facility or health care provider which | ||
procures, processes,
distributes or uses: (i) a human body part | ||
from a deceased person
with respect to medical information | ||
regarding that person; or (ii) semen
provided prior to the | ||
effective date of this Act for the purpose of
artificial | ||
insemination.
| ||
(f) Health facility staff committees for the purposes of | ||
conducting
program monitoring, program evaluation or service | ||
reviews.
| ||
(f-5) A court in accordance with the provisions of Section | ||
12-5.01 of the Criminal Code of 2012 1961 . | ||
(g) (Blank).
| ||
(h) Any health care provider or employee of a health | ||
facility, and any
firefighter or EMT-A, EMT-P, or EMT-I, | ||
involved in an accidental direct
skin or mucous membrane | ||
contact with the blood or bodily fluids of an
individual which | ||
is of a nature that may transmit HIV, as determined by a
| ||
physician in his medical judgment.
|
(i) Any law enforcement officer, as defined in subsection | ||
(c) of
Section 7, involved in the line of duty in a direct skin | ||
or mucous membrane
contact with the blood or bodily fluids of | ||
an individual which is of a
nature that may transmit HIV, as | ||
determined by a physician in his medical
judgment.
| ||
(j) A temporary caretaker of a child taken into temporary | ||
protective
custody by the Department of Children and Family | ||
Services pursuant to Section 5
of the Abused and Neglected | ||
Child Reporting Act, as now or hereafter amended.
| ||
(k) In the case of a minor under 18 years of age whose test | ||
result is
positive and has been confirmed
pursuant to rules | ||
adopted by the Department, the health care provider who ordered | ||
the test shall make a reasonable
effort to notify the minor's | ||
parent or legal guardian if, in the
professional judgment
of | ||
the health care provider, notification would be
in the best | ||
interest of the child and the health care provider has first
| ||
sought unsuccessfully to persuade the minor to notify the | ||
parent or legal
guardian or a reasonable time after the minor | ||
has agreed to notify
the parent or legal guardian, the health | ||
care provider has reason to
believe that the minor has not made | ||
the notification. This subsection
shall not create a duty or | ||
obligation under which a health care provider
must notify the | ||
minor's parent or legal guardian of the test results, nor
shall | ||
a duty or obligation be implied. No civil liability or criminal | ||
sanction
under this Act shall be imposed for any notification | ||
or non-notification of a
minor's test result by a health care |
provider acting in good faith under this
subsection. For the | ||
purpose of any proceeding, civil or criminal, the good
faith of | ||
any health care provider acting under this subsection shall be
| ||
presumed.
| ||
(Source: P.A. 96-328, eff. 8-11-09; 97-1046, eff. 8-21-12.)
| ||
Section 535. The Illinois Sexually Transmissible Disease | ||
Control Act is amended by changing Section 5.5 as follows:
| ||
(410 ILCS 325/5.5) (from Ch. 111 1/2, par. 7405.5)
| ||
Sec. 5.5. Risk assessment.
| ||
(a) Whenever the Department receives a report of HIV | ||
infection or AIDS
pursuant to this Act and the Department | ||
determines that the subject of the
report may present or may | ||
have presented a possible risk of HIV
transmission, the | ||
Department shall, when medically appropriate, investigate
the | ||
subject of the report and that person's contacts as defined in
| ||
subsection (c), to assess the potential risks of transmission. | ||
Any
investigation and action shall be conducted in a timely | ||
fashion. All
contacts other than those defined in subsection | ||
(c) shall be investigated
in accordance with Section 5 of this | ||
Act.
| ||
(b) If the Department determines that there is or may have | ||
been
potential risks of HIV transmission from the subject of | ||
the report to other
persons, the Department shall afford the | ||
subject the opportunity to submit
any information and comment |
on proposed actions the Department intends to
take with respect | ||
to the subject's contacts who are at potential risk of
| ||
transmission of HIV prior to notification of the subject's | ||
contacts. The
Department shall also afford the subject of the | ||
report the opportunity to
notify the subject's contacts in a | ||
timely fashion who are at potential risk
of transmission of HIV | ||
prior to the Department taking any steps to notify
such | ||
contacts. If the subject declines to notify such contacts or if | ||
the
Department determines the notices to be inadequate or | ||
incomplete, the
Department shall endeavor to notify such other | ||
persons of the potential
risk, and offer testing and counseling | ||
services to these individuals. When
the contacts are notified, | ||
they shall be informed of the disclosure
provisions of the AIDS | ||
Confidentiality Act and the penalties therein and
this Section.
| ||
(c) Contacts investigated under this Section shall in the | ||
case of HIV
infection include (i) individuals who have | ||
undergone invasive procedures
performed by an HIV infected | ||
health care provider and (ii)
health care providers who have | ||
performed invasive procedures for persons
infected with HIV, | ||
provided the Department has determined that there is or
may | ||
have been potential risk of HIV transmission from the health | ||
care
provider to those individuals or from infected persons to | ||
health care
providers. The Department shall have access to the | ||
subject's records to
review for the identity of contacts. The | ||
subject's records shall not be
copied or seized by the | ||
Department.
|
For purposes of this subsection, the term "invasive | ||
procedures" means
those procedures termed invasive by the | ||
Centers for Disease Control in
current guidelines or | ||
recommendations for the prevention of HIV
transmission in | ||
health care settings, and the term "health care provider"
means | ||
any physician, dentist, podiatrist, advanced practice nurse, | ||
physician assistant, nurse, or other person providing
health | ||
care services of any kind.
| ||
(d) All information and records held by the Department and | ||
local health
authorities pertaining to activities conducted | ||
pursuant to this Section
shall be strictly confidential and | ||
exempt from copying and inspection under
the Freedom of | ||
Information Act. Such information and records shall not be
| ||
released or made public by the Department or local health | ||
authorities, and
shall not be admissible as evidence, nor | ||
discoverable in any action of any
kind in any court or before | ||
any tribunal, board, agency or person and shall
be treated in | ||
the same manner as the information and those records subject
to | ||
the provisions of Part 21 of the Code of Civil Procedure except | ||
under
the following circumstances:
| ||
(1) When made with the written consent of all persons | ||
to whom this
information pertains;
| ||
(2) When authorized under Section 8 to be released | ||
under court order
or subpoena pursuant to Section 12-5.01 | ||
or 12-16.2 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 ; or
|
(3) When made by the Department for the purpose of | ||
seeking a warrant
authorized by Sections 6 and 7 of this | ||
Act. Such disclosure shall conform
to the requirements of | ||
subsection (a) of Section 8 of this Act.
| ||
(e) Any person who knowingly or maliciously disseminates | ||
any
information or report concerning the existence of any | ||
disease under this
Section is guilty of a Class A misdemeanor.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
Section 540. The Environmental Protection Act is amended by | ||
changing Sections 2, 22.2, and 44 as follows:
| ||
(415 ILCS 5/2) (from Ch. 111 1/2, par. 1002)
| ||
Sec. 2. (a) The General Assembly finds:
| ||
(i) that environmental damage seriously endangers the | ||
public health and
welfare, as more specifically described in | ||
later sections of this Act;
| ||
(ii) that because environmental damage does not respect | ||
political
boundaries, it is necessary to establish a unified | ||
state-wide program for
environmental protection and to | ||
cooperate fully with other States and with
the United States in | ||
protecting the environment;
| ||
(iii) that air, water, and other resource pollution, public | ||
water
supply, solid waste disposal, noise, and other | ||
environmental problems are
closely interrelated and must be | ||
dealt with as a unified whole in order to
safeguard the |
environment;
| ||
(iv) that it is the obligation of the State Government to | ||
manage its own
activities so as to minimize environmental | ||
damage; to encourage and assist
local governments to adopt and | ||
implement environmental-protection programs
consistent with | ||
this Act; to promote the development of technology for
| ||
environmental protection and conservation of natural | ||
resources; and in
appropriate cases to afford financial | ||
assistance in preventing
environmental damage;
| ||
(v) that in order to alleviate the burden on enforcement | ||
agencies, to
assure that all interests are given a full | ||
hearing, and to increase public
participation in the task of | ||
protecting the environment, private as well as
governmental | ||
remedies must be provided;
| ||
(vi) that despite the existing laws and regulations | ||
concerning environmental
damage there exist continuing | ||
destruction and damage to the environment
and harm to the | ||
public health, safety and welfare of the people of this
State, | ||
and that among the most significant sources of this | ||
destruction,
damage, and harm are the improper and unsafe | ||
transportation, treatment,
storage, disposal, and dumping of | ||
hazardous wastes;
| ||
(vii) that it is necessary to supplement and strengthen | ||
existing criminal
sanctions regarding environmental damage, by | ||
enacting specific penalties
for injury to public health and | ||
welfare and the environment.
|
(b) It is the purpose of this Act, as more specifically | ||
described in
later sections, to establish a unified, state-wide | ||
program supplemented by
private remedies, to restore, protect | ||
and enhance the quality of the
environment, and to assure that | ||
adverse effects upon the environment are
fully considered and | ||
borne by those who cause them.
| ||
(c) The terms and provisions of this Act shall be liberally | ||
construed
so as to effectuate the purposes of this Act as set | ||
forth in subsection
(b) of this Section, but to the extent that | ||
this Act prescribes criminal
penalties, it shall be construed | ||
in accordance with the " Criminal Code of
2012 1961", as | ||
amended .
| ||
(Source: P.A. 83-1101.)
| ||
(415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2)
| ||
Sec. 22.2. Hazardous waste; fees; liability.
| ||
(a) There are hereby created within the State Treasury 2
| ||
special funds to be known respectively as the "Hazardous Waste | ||
Fund" and
the "Hazardous Waste Research Fund", constituted from | ||
the fees collected
pursuant to this Section.
In addition to the | ||
fees collected under this Section, the Hazardous Waste
Fund | ||
shall include other moneys made available from any source for | ||
deposit into
the Fund.
| ||
(b)(1) On and after January 1, 1989, the Agency shall | ||
collect from the
owner or operator of each of the following | ||
sites a fee in the amount of:
|
(A) 9 cents per gallon or $18.18 per cubic yard, if | ||
the
hazardous waste disposal site is located off the | ||
site where such waste was
produced. The maximum amount | ||
payable under this subdivision (A) with respect
to the | ||
hazardous waste generated by a single generator and | ||
deposited in
monofills is $30,000 per year. If, as a | ||
result of the use of multiple monofills, waste
fees in | ||
excess of the maximum are assessed with respect to a | ||
single waste
generator, the generator may apply to the | ||
Agency for a credit.
| ||
(B) 9 cents or $18.18 per cubic yard, if the | ||
hazardous waste
disposal site is located on the site | ||
where such waste was produced,
provided however the | ||
maximum amount of fees payable under this paragraph
(B) | ||
is $30,000 per year for each such hazardous waste | ||
disposal site.
| ||
(C) If the hazardous waste disposal site is an | ||
underground injection
well, $6,000 per year if not more | ||
than 10,000,000 gallons per year are
injected, $15,000 | ||
per year if more than 10,000,000 gallons but not more | ||
than
50,000,000 gallons per year are injected, and | ||
$27,000 per year if more than
50,000,000 gallons per | ||
year are injected.
| ||
(D) 3 cents per gallon or
$6.06 per cubic yard of | ||
hazardous waste received
for treatment at a hazardous | ||
waste treatment site, if the hazardous waste
treatment |
site is located off the site where such waste was | ||
produced and
if such hazardous waste treatment site is | ||
owned, controlled and operated
by a person other than | ||
the generator of such waste.
After treatment at such | ||
hazardous waste treatment site, the waste shall
not be | ||
subject to any other fee imposed by this subsection | ||
(b). For purposes
of this subsection (b), the term | ||
"treatment" is defined as in Section
3.505 but shall | ||
not include recycling, reclamation or reuse.
| ||
(2) The General Assembly shall annually appropriate to | ||
the Fund such
amounts as it deems necessary to fulfill the | ||
purposes of this Act.
| ||
(3) The Agency shall have the authority to accept, | ||
receive, and
administer on behalf of the State any moneys | ||
made available to the State from
any source for the | ||
purposes of the Hazardous Waste Fund set forth in | ||
subsection
(d) of this Section.
| ||
(4) Of the amount collected as fees provided for in | ||
this Section, the
Agency shall manage the use of such funds | ||
to assure that sufficient funds
are available for match | ||
towards federal expenditures for response action at
sites | ||
which are listed on the National Priorities List; provided, | ||
however,
that this shall not apply to additional monies | ||
appropriated to the Fund by
the General Assembly, nor shall | ||
it apply in the event that the Director
finds that revenues | ||
in the Hazardous Waste Fund must be used to address
|
conditions which create or may create an immediate danger | ||
to the
environment or public health or to the welfare of | ||
the people of the State
of Illinois.
| ||
(5) Notwithstanding the other provisions of this
| ||
subsection (b), sludge from a publicly-owned sewage works | ||
generated
in Illinois, coal mining wastes and refuse | ||
generated in Illinois, bottom
boiler ash, flyash and flue | ||
gas desulphurization sludge from public
utility electric | ||
generating facilities located in Illinois, and bottom
| ||
boiler ash and flyash from all incinerators which process | ||
solely
municipal waste shall not be subject to the fee.
| ||
(6) For the purposes of this subsection (b), "monofill" | ||
means a
facility, or a unit at a facility, that accepts | ||
only wastes bearing the
same USEPA hazardous waste | ||
identification number, or compatible wastes as
determined | ||
by the Agency.
| ||
(c) The Agency shall establish procedures, not later than | ||
January 1,
1984, relating to the collection of the fees | ||
authorized by this Section.
Such procedures shall include, but | ||
not be limited to: (1) necessary records
identifying the | ||
quantities of hazardous waste received or disposed; (2) the
| ||
form and submission of reports to accompany the payment of fees | ||
to the
Agency; and (3) the time and manner of payment of fees | ||
to the Agency,
which payments shall be not more often than | ||
quarterly.
| ||
(d) Beginning July 1, 1996, the Agency shall deposit all |
such receipts in the State Treasury to the credit of the
| ||
Hazardous Waste Fund, except as provided in subsection (e) of | ||
this Section.
All monies in the Hazardous Waste Fund shall be | ||
used by the Agency for the following purposes:
| ||
(1) Taking whatever preventive or corrective
action is | ||
necessary or appropriate, in circumstances certified by | ||
the
Director, including but not limited to removal or | ||
remedial
action whenever there is a release or substantial | ||
threat of a release of
a hazardous substance or pesticide; | ||
provided, the Agency shall
expend no more than $1,000,000 | ||
on any single incident without appropriation
by the General | ||
Assembly.
| ||
(2) To meet any requirements which must be met by the | ||
State in order
to obtain federal funds pursuant to the | ||
Comprehensive Environmental Response,
Compensation and | ||
Liability Act of 1980, (P.L. 96-510).
| ||
(3) In an amount up to 30% of the amount collected as | ||
fees provided
for in this Section, for use by the Agency to | ||
conduct
groundwater protection activities, including | ||
providing grants to appropriate
units of local government | ||
which are addressing protection of underground waters
| ||
pursuant to the provisions of this Act.
| ||
(4) To fund the development and implementation of the | ||
model pesticide
collection program under Section 19.1 of | ||
the Illinois Pesticide Act.
| ||
(5) To the extent the Agency has received and deposited |
monies in the
Fund other than fees collected under | ||
subsection (b) of this Section, to pay for
the cost of | ||
Agency employees for
services provided in reviewing the | ||
performance of response actions pursuant to
Title XVII of | ||
this Act.
| ||
(6) In an amount up to 15% of the fees collected | ||
annually
under subsection (b) of this Section, for use by | ||
the Agency
for administration of the provisions of this | ||
Section.
| ||
(e) The Agency shall deposit 10% of all receipts collected | ||
under subsection
(b) of this Section, but not to exceed | ||
$200,000 per year, in the State
Treasury to the credit of the | ||
Hazardous Waste Research Fund established by this
Act. Pursuant | ||
to appropriation, all monies in such Fund shall be used by the | ||
University of Illinois
for the purposes set forth in
this | ||
subsection.
| ||
The University of Illinois may enter into contracts with | ||
business,
industrial, university, governmental or other | ||
qualified individuals or
organizations to assist in the | ||
research and development intended to recycle,
reduce the volume | ||
of, separate, detoxify or reduce the hazardous properties of
| ||
hazardous wastes in Illinois. Monies in the Fund may also be | ||
used by the University of Illinois
for technical studies, | ||
monitoring activities,
and educational and research activities | ||
which are related to the protection of
underground waters. | ||
Monies in the Hazardous Waste Research Fund may be used to
|
administer the Illinois Health and Hazardous Substances | ||
Registry Act. Monies
in the Hazardous Waste Research Fund shall | ||
not be used for any sanitary
landfill or the acquisition or | ||
construction of any facility. This does not
preclude the | ||
purchase of equipment for the purpose of public demonstration
| ||
projects. The University of Illinois shall adopt guidelines for | ||
cost
sharing, selecting, and administering projects under this | ||
subsection.
| ||
(f) Notwithstanding any other provision or rule of law, and | ||
subject
only to the defenses set forth in subsection (j) of | ||
this Section, the
following persons shall be liable for all | ||
costs of removal or remedial
action incurred by the State of | ||
Illinois or any unit of local
government as a result of a | ||
release or substantial threat of a release of
a hazardous | ||
substance or pesticide:
| ||
(1) the owner and operator of a facility or vessel from | ||
which there is
a release or substantial threat of release | ||
of a hazardous substance or
pesticide;
| ||
(2) any person who at the time of disposal, transport, | ||
storage or
treatment of a hazardous substance or pesticide | ||
owned or operated the
facility or vessel used for such | ||
disposal, transport, treatment or storage
from which there | ||
was a release or substantial threat of a release of any
| ||
such hazardous substance or pesticide;
| ||
(3) any person who by contract, agreement, or otherwise | ||
has arranged with
another party or entity for transport, |
storage, disposal or treatment of
hazardous substances or | ||
pesticides owned, controlled or possessed by such
person at | ||
a facility owned or operated by another party or entity | ||
from
which facility there is a release or substantial | ||
threat of a release of
such hazardous substances or | ||
pesticides; and
| ||
(4) any person who accepts or accepted any hazardous | ||
substances or
pesticides for transport to disposal, | ||
storage or treatment facilities or
sites from which there | ||
is a release or a substantial threat of a release of
a | ||
hazardous substance or pesticide.
| ||
Any monies received by the State of Illinois pursuant to | ||
this
subsection (f) shall be deposited in the State Treasury to | ||
the credit
of the Hazardous Waste Fund.
| ||
In accordance with the other provisions of this Section, | ||
costs of
removal or remedial action incurred by a unit of local | ||
government may be
recovered in an action before the Board | ||
brought by the unit of local
government under subsection (i) of | ||
this Section. Any monies so recovered
shall be paid to the unit | ||
of local government.
| ||
(g)(1) No indemnification, hold harmless, or similar | ||
agreement or conveyance
shall be effective to transfer from | ||
the owner or operator of any vessel
or facility or from any | ||
person who may be liable for a release or
substantial | ||
threat of a release under this Section, to any other person | ||
the
liability imposed under this Section. Nothing in this |
Section shall bar
any agreement to insure, hold harmless or | ||
indemnify a party to such
agreements for any liability | ||
under this Section.
| ||
(2) Nothing in this Section, including the provisions | ||
of paragraph (g)(1)
of this Section, shall bar a cause of | ||
action that an owner or operator or
any other person | ||
subject to liability under this Section, or a guarantor,
| ||
has or would have, by reason of subrogation or otherwise | ||
against any person.
| ||
(h) For purposes of this Section:
| ||
(1) The term "facility" means:
| ||
(A) any building, structure, installation, | ||
equipment, pipe or pipeline
including but not limited | ||
to any pipe into a sewer or publicly owned
treatment | ||
works, well, pit, pond, lagoon, impoundment, ditch, | ||
landfill,
storage container, motor vehicle, rolling | ||
stock, or aircraft; or
| ||
(B) any site or area where a hazardous substance | ||
has been deposited,
stored, disposed of, placed, or | ||
otherwise come to be located.
| ||
(2) The term "owner or operator" means:
| ||
(A) any person owning or operating a vessel or | ||
facility;
| ||
(B) in the case of an abandoned facility, any | ||
person owning or operating
the abandoned facility or | ||
any person who owned, operated, or otherwise
|
controlled activities at the abandoned facility | ||
immediately prior to such
abandonment;
| ||
(C) in the case of a land trust as defined in | ||
Section 2 of the Land
Trustee as Creditor Act, the | ||
person owning the beneficial interest in the land
| ||
trust;
| ||
(D) in the case of a fiduciary (other than a land | ||
trustee), the estate,
trust estate, or other interest | ||
in property held in a fiduciary capacity,
and not the | ||
fiduciary. For the purposes of this Section, | ||
"fiduciary" means
a trustee, executor, administrator, | ||
guardian, receiver, conservator or other
person | ||
holding a facility or vessel in a fiduciary capacity;
| ||
(E) in the case of a "financial institution", | ||
meaning the Illinois
Housing Development Authority and | ||
that term as defined in Section 2 of the
Illinois | ||
Banking Act, that has acquired ownership, operation, | ||
management,
or control of a vessel or facility through | ||
foreclosure or under the terms
of a security interest | ||
held by the financial institution or under the terms
of | ||
an extension of credit made by the financial | ||
institution, the financial
institution only if the | ||
financial institution takes possession of the
vessel | ||
or facility and the financial institution exercises | ||
actual, direct,
and continual or recurrent managerial | ||
control in the operation of the
vessel or facility that |
causes a release or substantial threat of a release
of | ||
a hazardous substance or pesticide resulting in | ||
removal or remedial
action;
| ||
(F) In the case of an owner of residential | ||
property, the owner if the
owner is a person other than | ||
an individual, or if the owner is an individual
who | ||
owns more than 10 dwelling units in Illinois, or if the | ||
owner, or an agent,
representative, contractor, or | ||
employee of the owner, has caused, contributed
to, or | ||
allowed the release or threatened release of a | ||
hazardous substance or
pesticide. The term | ||
"residential property" means single family residences | ||
of
one to 4 dwelling units, including accessory land, | ||
buildings, or improvements
incidental to those | ||
dwellings that are exclusively used for the | ||
residential
use. For purposes of this subparagraph | ||
(F), the term "individual" means a
natural person, and | ||
shall not include corporations, partnerships, trusts, | ||
or
other non-natural persons.
| ||
(G) In the case of any facility, title or control | ||
of which was
conveyed due to bankruptcy, foreclosure, | ||
tax delinquency, abandonment, or
similar means
to a | ||
unit of State or local government, any person who | ||
owned, operated, or
otherwise controlled activities at | ||
the facility immediately beforehand.
| ||
(H) The term "owner or operator" does not include a |
unit of State or
local government which acquired | ||
ownership or control through bankruptcy, tax
| ||
delinquency, abandonment, or other circumstances in | ||
which the government
acquires title by virtue of its | ||
function as sovereign. The exclusion provided
under | ||
this paragraph shall not apply to any State or local | ||
government which has
caused or contributed to the | ||
release or threatened release of a hazardous
substance | ||
from the facility, and such a State or local government | ||
shall be
subject to the provisions of this Act in the | ||
same manner and to the same
extent, both procedurally | ||
and substantively, as any nongovernmental entity,
| ||
including liability under Section 22.2(f).
| ||
(i) The costs and damages provided for in this Section may | ||
be imposed by
the Board in an action brought before the Board | ||
in accordance with Title
VIII of this Act, except that Section | ||
33(c) of this Act shall not apply to
any such action.
| ||
(j)(1) There shall be no liability under this Section for a | ||
person
otherwise liable who can establish by a preponderance of | ||
the evidence that
the release or substantial threat of release | ||
of a hazardous substance and
the damages resulting therefrom | ||
were caused solely by:
| ||
(A) an act of God;
| ||
(B) an act of war;
| ||
(C) an act or omission of a third party other than an | ||
employee or agent
of the defendant, or other than one whose |
act or omission occurs in
connection with a contractual | ||
relationship, existing directly or
indirectly, with the | ||
defendant (except where the sole contractual
arrangement | ||
arises from a published tariff and acceptance for carriage | ||
by a
common carrier by rail), if the defendant establishes | ||
by a preponderance of
the evidence that (i) he exercised | ||
due care with respect to the hazardous
substance concerned, | ||
taking into consideration the characteristics of such
| ||
hazardous substance, in light of all relevant facts and | ||
circumstances, and
(ii) he took precautions against | ||
foreseeable acts or omissions of any such
third party and | ||
the consequences that could foreseeably result from such
| ||
acts or omissions; or
| ||
(D) any combination of the foregoing paragraphs.
| ||
(2) There shall be no liability under this Section for any | ||
release
permitted by State or federal law.
| ||
(3) There shall be no liability under this Section for | ||
damages as a result
of actions taken or omitted in the course | ||
of rendering care, assistance,
or advice in accordance with | ||
this Section or the National Contingency Plan
pursuant to the | ||
Comprehensive Environmental Response, Compensation and
| ||
Liability Act of 1980 (P.L. 96-510) or at the direction of an
| ||
on-scene coordinator appointed under such plan, with respect to | ||
an incident
creating a danger to public health or welfare or | ||
the environment as a result
of any release of a hazardous | ||
substance or a substantial threat thereof. This
subsection |
shall not preclude liability for damages as the result of gross
| ||
negligence or intentional misconduct on the part of such | ||
person. For the
purposes of the preceding sentence, reckless, | ||
willful, or wanton misconduct
shall constitute gross | ||
negligence.
| ||
(4) There shall be no liability under this Section for any | ||
person
(including, but not limited to, an owner of residential | ||
property who applies a
pesticide to the residential property or | ||
who has another person apply a
pesticide to the residential | ||
property) for response costs or damages as the
result of the | ||
storage, handling and use, or recommendation for storage,
| ||
handling and use, of a pesticide consistent with:
| ||
(A) its directions for storage, handling and use as | ||
stated in its
label or labeling;
| ||
(B) its warnings and cautions as stated in its label or | ||
labeling; and
| ||
(C) the uses for which it is registered under the | ||
Federal Insecticide,
Fungicide and Rodenticide Act and the | ||
Illinois Pesticide Act.
| ||
(4.5) There shall be no liability under subdivision (f)(1) | ||
of this Section
for response costs or damages as the result of | ||
a release
of a pesticide from an agrichemical facility site if
| ||
the Agency has received notice from the Department of | ||
Agriculture pursuant to
Section 19.3 of the Illinois Pesticide | ||
Act, the owner or operator of the
agrichemical facility is | ||
proceeding with a corrective action plan under the
Agrichemical |
Facility Response Action Program implemented under that | ||
Section,
and the Agency
has provided a written endorsement of a | ||
corrective action plan.
| ||
(4.6) There shall be no liability under subdivision (f)(1) | ||
of this
Section for response costs or damages as the result of | ||
a substantial threat of
a release of a pesticide from an | ||
agrichemical facility site if
the Agency has received notice | ||
from the Department of Agriculture pursuant to
Section 19.3 of | ||
the Illinois Pesticide Act and the owner or operator of the
| ||
agrichemical facility is proceeding with a corrective action | ||
plan under the
Agrichemical Facility Response Action Program | ||
implemented under that
Section.
| ||
(5) Nothing in this subsection (j) shall affect or modify | ||
in any way the
obligations or liability of any person under any | ||
other provision of this
Act or State or federal law, including | ||
common law, for damages, injury,
or loss resulting from a | ||
release or substantial threat of a release of any
hazardous | ||
substance or for removal or remedial action or the costs of | ||
removal
or remedial action of such hazardous substance.
| ||
(6)(A) The term "contractual relationship", for the | ||
purpose of this
subsection includes, but is not limited to, | ||
land contracts, deeds or other
instruments transferring title | ||
or possession, unless the real property on
which the facility | ||
concerned is located was acquired by the defendant after
the | ||
disposal or placement of the hazardous substance on, in, or at | ||
the
facility, and one or more of the circumstances described in |
clause (i),
(ii), or (iii) of this paragraph is also | ||
established by the defendant by a
preponderance of the | ||
evidence:
| ||
(i) At the time the defendant acquired the facility the | ||
defendant did
not know and had no reason to know that any | ||
hazardous substance which is
the subject of the release or | ||
threatened release was disposed of on, in or
at the | ||
facility.
| ||
(ii) The defendant is a government entity which | ||
acquired the facility by
escheat, or through any other | ||
involuntary transfer or acquisition, or
through the | ||
exercise of eminent domain authority by purchase or | ||
condemnation.
| ||
(iii) The defendant acquired the facility by | ||
inheritance or bequest.
| ||
In addition to establishing the foregoing, the defendant | ||
must establish
that he has satisfied the requirements of | ||
subparagraph (C) of paragraph (l)
of this subsection (j).
| ||
(B) To establish the defendant had no reason to know, as | ||
provided in
clause (i) of subparagraph (A) of this paragraph, | ||
the defendant must have
undertaken, at the time of acquisition, | ||
all appropriate inquiry into the
previous ownership and uses of | ||
the property consistent with good commercial
or customary | ||
practice in an effort to minimize liability. For purposes of
| ||
the preceding sentence, the court shall take into account any | ||
specialized
knowledge or experience on the part of the |
defendant, the relationship of
the purchase price to the value | ||
of the property if uncontaminated, commonly
known or reasonably | ||
ascertainable information about the property, the
obviousness | ||
of the presence or likely presence of contamination at the
| ||
property, and the ability to detect such contamination by | ||
appropriate
inspection.
| ||
(C) Nothing in this paragraph (6) or in subparagraph (C) of | ||
paragraph
(1) of this subsection shall diminish the liability | ||
of any previous owner
or operator of such facility who would | ||
otherwise be liable under this Act.
Notwithstanding this | ||
paragraph (6), if the defendant obtained actual
knowledge of | ||
the release or threatened release of a hazardous substance at
| ||
such facility when the defendant owned the real property and | ||
then
subsequently transferred ownership of the property to | ||
another person
without disclosing such knowledge, such | ||
defendant shall be treated as
liable under subsection (f) of | ||
this Section and no defense under
subparagraph (C) of paragraph | ||
(1) of this subsection shall be available
to such defendant.
| ||
(D) Nothing in this paragraph (6) shall affect the | ||
liability under this
Act of a defendant who, by any act or | ||
omission, caused or contributed to
the release or threatened | ||
release of a hazardous substance which is the
subject of the | ||
action relating to the facility.
| ||
(E)(i) Except as provided in clause (ii) of this | ||
subparagraph (E), a
defendant who has acquired real property | ||
shall have established a rebuttable
presumption against all |
State claims and a conclusive presumption against all
private | ||
party claims that the defendant has made all appropriate | ||
inquiry within
the meaning of subdivision (6)(B) of this | ||
subsection (j) if the defendant
proves that immediately prior | ||
to or at the time of the acquisition:
| ||
(I) the defendant obtained a Phase I Environmental | ||
Audit of the real
property that meets or exceeds the | ||
requirements of this subparagraph (E), and
the Phase I | ||
Environmental Audit did not disclose the presence or likely
| ||
presence of a release or a substantial threat of a release | ||
of a hazardous
substance or pesticide at, on, to, or from | ||
the real property; or
| ||
(II) the defendant obtained a Phase II Environmental | ||
Audit of the real
property that meets or exceeds the | ||
requirements of this subparagraph (E), and
the Phase II | ||
Environmental Audit did not disclose the presence or likely
| ||
presence of a release or a substantial threat of a release | ||
of a hazardous
substance or pesticide at, on, to, or from | ||
the real property.
| ||
(ii) No presumption shall be created under clause (i) of | ||
this subparagraph
(E), and a defendant shall be precluded from | ||
demonstrating that the defendant
has made all appropriate | ||
inquiry within the meaning of subdivision (6)(B) of
this | ||
subsection (j), if:
| ||
(I) the defendant fails to obtain all Environmental | ||
Audits required under
this subparagraph (E) or any such |
Environmental Audit fails to meet or exceed
the | ||
requirements of this subparagraph (E);
| ||
(II) a Phase I Environmental Audit discloses the | ||
presence or likely
presence of a release or a substantial | ||
threat of a release of a hazardous
substance or pesticide | ||
at, on, to, or from real property, and the defendant
fails | ||
to obtain a Phase II Environmental Audit;
| ||
(III) a Phase II Environmental Audit discloses the | ||
presence or likely
presence of a release or a substantial | ||
threat of a release of a hazardous
substance or pesticide | ||
at, on, to, or from the real property;
| ||
(IV) the defendant fails to maintain a written | ||
compilation and explanatory
summary report of the | ||
information reviewed in the course of each Environmental
| ||
Audit under this subparagraph (E); or
| ||
(V) there is any evidence of fraud, material | ||
concealment, or material
misrepresentation by the | ||
defendant of environmental conditions or of related
| ||
information discovered during the course of an | ||
Environmental Audit.
| ||
(iii) For purposes of this subparagraph (E), the term | ||
"environmental
professional" means an individual (other than a | ||
practicing attorney) who,
through academic training, | ||
occupational experience, and reputation (such as
engineers, | ||
industrial hygienists, or geologists) can objectively conduct | ||
one or
more aspects of an Environmental Audit and who either:
|
(I) maintains at the time of the Environmental Audit | ||
and for at least one
year thereafter at least $500,000 of | ||
environmental consultants' professional
liability | ||
insurance coverage issued by an insurance company licensed | ||
to do
business in Illinois; or
| ||
(II) is an Illinois licensed professional engineer or | ||
an Illinois licensed
industrial hygienist.
| ||
An environmental professional may employ persons who are | ||
not environmental
professionals to assist in the preparation of | ||
an Environmental Audit if such
persons are under the direct | ||
supervision and control of the environmental
professional.
| ||
(iv) For purposes of this subparagraph (E), the term "real | ||
property"
means any interest in any parcel of land, and | ||
includes, but is not limited to,
buildings, fixtures, and
| ||
improvements.
| ||
(v) For purposes of this subparagraph (E), the term "Phase | ||
I Environmental
Audit" means an investigation of real property, | ||
conducted by environmental
professionals, to discover the | ||
presence or likely presence of a release or a
substantial | ||
threat of a release of a hazardous substance or pesticide at, | ||
on,
to, or from real property, and whether a release or a | ||
substantial threat of
a release of a hazardous substance or | ||
pesticide has occurred or may occur at,
on, to, or from the | ||
real property. Until such time as the United
States | ||
Environmental Protection Agency establishes
standards for | ||
making appropriate inquiry into the previous
ownership and uses |
of the facility pursuant to 42 U.S.C.
Sec. 9601(35)(B)(ii), the | ||
investigation shall comply with the
procedures of the American | ||
Society for Testing and
Materials, including the document known | ||
as Standard
E1527-97, entitled "Standard Procedures for | ||
Environmental
Site Assessment: Phase 1 Environmental Site | ||
Assessment
Process". Upon their adoption, the standards | ||
promulgated
by USEPA pursuant to 42 U.S.C. Sec. 9601(35)(B)(ii) | ||
shall
govern the performance of Phase I Environmental Audits. | ||
In
addition to the above requirements, the Phase I
| ||
Environmental Audit shall include a review of recorded land
| ||
title records for the purpose of determining whether the real
| ||
property is subject to an environmental land use restriction
| ||
such as a No Further Remediation Letter, Environmental
Land Use | ||
Control, or Highway Authority Agreement.
| ||
(vi) For purposes of subparagraph (E), the term "Phase II | ||
Environmental
Audit" means an investigation of real property, | ||
conducted by environmental
professionals, subsequent to a | ||
Phase I Environmental Audit. If the Phase I
Environmental Audit | ||
discloses the presence or likely presence of a hazardous
| ||
substance or a pesticide or a release or a substantial threat | ||
of a release of
a hazardous substance or pesticide:
| ||
(I) In or to soil, the defendant, as part of the Phase | ||
II Environmental
Audit, shall perform a series of soil | ||
borings sufficient to determine whether
there is a presence | ||
or likely presence of a hazardous substance or pesticide
| ||
and whether there is or has been a release or a substantial |
threat of a release
of a hazardous substance or pesticide | ||
at, on, to, or from the real property.
| ||
(II) In or to groundwater, the defendant, as part of | ||
the Phase II
Environmental Audit, shall: review | ||
information regarding local geology, water
well locations, | ||
and locations of waters of the State as may be obtained | ||
from
State, federal, and local government records, | ||
including but not limited to the
United States Geological | ||
Survey, the State Geological Survey of the University of | ||
Illinois, and the State Water
Survey of the University of | ||
Illinois; and
perform groundwater monitoring sufficient to | ||
determine whether there is a
presence or likely presence of | ||
a hazardous substance or pesticide, and whether
there is or | ||
has been a release or a substantial threat of a release of | ||
a
hazardous substance or pesticide at, on, to, or from the | ||
real property.
| ||
(III) On or to media other than soil or groundwater, | ||
the defendant, as
part of the Phase II Environmental Audit, | ||
shall perform an investigation
sufficient to determine | ||
whether there is a presence or likely presence of a
| ||
hazardous substance or pesticide, and whether there is or | ||
has been a release or
a substantial threat of a release of | ||
a hazardous substance or pesticide at, on,
to, or from the | ||
real property.
| ||
(vii) The findings of each Environmental Audit prepared | ||
under this
subparagraph (E) shall be set forth in a written |
audit report. Each audit
report shall contain an affirmation by | ||
the defendant and by each environmental
professional who | ||
prepared the Environmental Audit that the facts stated in the
| ||
report are true and are made under a penalty of perjury as | ||
defined in Section
32-2 of the Criminal Code of 2012 1961 . It | ||
is perjury for any person to sign an
audit report that contains | ||
a false material statement that the person does not
believe to | ||
be true.
| ||
(viii) The Agency is not required to review, approve, or | ||
certify the results
of any Environmental Audit. The performance | ||
of an Environmental Audit shall in
no way entitle a defendant | ||
to a presumption of Agency approval or certification
of the | ||
results of the Environmental Audit.
| ||
The presence or absence of a disclosure document prepared | ||
under the
Responsible Property Transfer Act of 1988 shall not | ||
be a defense under this
Act and shall not satisfy the | ||
requirements of subdivision (6)(A) of this
subsection (j).
| ||
(7) No person shall be liable under this Section for | ||
response costs
or damages as the result of a pesticide release | ||
if the Agency has found
that a pesticide release occurred based | ||
on a Health Advisory issued by the
U.S. Environmental | ||
Protection Agency or an action level developed by the
Agency, | ||
unless the Agency notified the manufacturer of the pesticide | ||
and
provided an opportunity of not less than 30 days for the | ||
manufacturer to
comment on the technical and scientific | ||
justification supporting the Health
Advisory or action level.
|
(8) No person shall be liable under this Section for | ||
response costs or
damages as the result of a pesticide release | ||
that occurs in the course of a
farm pesticide collection | ||
program operated under Section 19.1 of the
Illinois Pesticide | ||
Act, unless the release results from gross negligence or
| ||
intentional misconduct.
| ||
(k) If any person who is liable for a release or | ||
substantial threat of
release of a hazardous substance or | ||
pesticide fails without sufficient
cause to provide removal or | ||
remedial action upon or in accordance with a
notice and request | ||
by the Agency or upon or in accordance with any order of
the | ||
Board or any court, such person may be liable to the State for | ||
punitive
damages in an amount at least equal to, and not more | ||
than 3 times, the
amount of any costs incurred by the State of | ||
Illinois as a result of such
failure to take such removal or | ||
remedial action. The punitive damages
imposed by the Board | ||
shall be in addition to any costs recovered from such
person | ||
pursuant to this Section and in addition to any other penalty | ||
or
relief provided by this Act or any other law.
| ||
Any monies received by the State pursuant to this | ||
subsection (k) shall
be deposited in the Hazardous Waste Fund.
| ||
(l) Beginning January 1, 1988, and prior to January 1, | ||
2013, the Agency shall annually collect a $250
fee for each | ||
Special Waste Hauling Permit Application and, in addition,
| ||
shall collect a fee of $20 for each waste hauling vehicle | ||
identified in the
annual permit application and for each |
vehicle which is added to the permit
during the annual period. | ||
Beginning January 1, 2013, the Agency shall issue 3-year | ||
Special Waste Hauling Permits instead of annual Special Waste | ||
Hauling Permits and shall collect a $750 fee for each Special | ||
Waste Hauling Permit Application. In addition, beginning | ||
January 1, 2013, the Agency shall collect a fee of $60 for each | ||
waste hauling vehicle identified in the permit application and | ||
for each vehicle that is added to the permit during the 3-year | ||
period. The Agency shall deposit 85% of such fees
collected | ||
under this subsection in the State Treasury to the credit of
| ||
the Hazardous Waste Research Fund; and shall deposit the | ||
remaining 15% of
such fees collected in the State Treasury to | ||
the credit of the
Environmental Protection Permit and | ||
Inspection Fund. The majority of such
receipts which are | ||
deposited in the Hazardous Waste Research Fund pursuant
to this | ||
subsection shall be used by the University of Illinois for
| ||
activities which relate to the protection of underground | ||
waters.
| ||
(l-5) (Blank).
| ||
(m) (Blank).
| ||
(n) (Blank).
| ||
(Source: P.A. 97-220, eff. 7-28-11; 97-1081, eff. 8-24-12.)
| ||
(415 ILCS 5/44) (from Ch. 111 1/2, par. 1044)
| ||
Sec. 44. Criminal acts; penalties.
| ||
(a) Except as otherwise provided in this Section, it shall |
be
a Class A misdemeanor to violate this Act or
regulations | ||
thereunder, or any permit or term or condition thereof, or
| ||
knowingly to submit any false information under this Act or | ||
regulations
adopted thereunder, or under any permit or term or | ||
condition thereof.
A court may, in addition to any other | ||
penalty herein imposed, order a person
convicted of any | ||
violation of this Act to perform
community service for not less | ||
than 100 hours and not more than 300 hours if
community service | ||
is available in the jurisdiction.
It shall be the duty of all | ||
State and local law-enforcement officers to
enforce such Act | ||
and regulations, and all such officers shall have
authority to | ||
issue citations for such violations.
| ||
(b) Calculated Criminal Disposal of Hazardous Waste.
| ||
(1) A person commits the offense of Calculated Criminal | ||
Disposal of
Hazardous Waste when, without lawful | ||
justification, he knowingly disposes
of hazardous waste | ||
while knowing that he thereby places another
person in | ||
danger of great bodily harm or creates an immediate or | ||
long-term
danger to the public health or the environment.
| ||
(2) Calculated Criminal Disposal of Hazardous Waste is | ||
a Class 2 felony.
In addition to any other penalties | ||
prescribed by law, a person convicted
of the offense of | ||
Calculated Criminal Disposal of Hazardous Waste is subject
| ||
to a fine not to exceed $500,000 for each day of such | ||
offense.
|
(c) Criminal Disposal of Hazardous Waste.
| ||
(1) A person commits the offense of Criminal Disposal | ||
of Hazardous Waste
when, without lawful justification, he | ||
knowingly disposes of hazardous waste.
| ||
(2) Criminal Disposal of Hazardous Waste is a Class 3 | ||
felony. In addition
to any other penalties prescribed by | ||
law, a person convicted of the offense
of Criminal Disposal | ||
of Hazardous Waste is subject to a fine not to exceed
| ||
$250,000 for each day of such offense.
| ||
(d) Unauthorized Use of Hazardous Waste.
| ||
(1) A person commits the offense of Unauthorized Use of | ||
Hazardous Waste
when he, being required to have a permit, | ||
registration, or license under
this Act or any
other law | ||
regulating the treatment, transportation, or storage of | ||
hazardous
waste, knowingly:
| ||
(A) treats, transports, or stores any hazardous | ||
waste without such
permit, registration, or license;
| ||
(B) treats, transports, or stores any hazardous | ||
waste in violation of
the terms and conditions of such | ||
permit or license;
| ||
(C) transports any hazardous waste to a facility | ||
which does not have a
permit or license required under | ||
this Act; or
| ||
(D) transports by vehicle any hazardous waste |
without having in
each vehicle credentials issued to | ||
the transporter by the transporter's base
state | ||
pursuant to procedures established under the Uniform | ||
Program.
| ||
(2) A person who is convicted of a violation of | ||
subparagraph (A), (B), or (C) of paragraph (1) of this | ||
subsection is guilty of a Class 4 felony. A person who
is | ||
convicted of a violation of subparagraph (D) of paragraph | ||
(1) of this subsection is guilty of a Class A
misdemeanor. | ||
In addition to any other penalties prescribed by law, a | ||
person
convicted of violating subparagraph (A), (B), or (C) | ||
of paragraph (1) of this subsection is subject to
a fine | ||
not to exceed $100,000 for each day of such violation, and | ||
a
person who is convicted of violating subparagraph (D) of | ||
paragraph (1) of this subsection is subject to a
fine not | ||
to exceed $1,000.
| ||
(e) Unlawful Delivery of Hazardous Waste.
| ||
(1) Except as authorized by this Act or the federal | ||
Resource
Conservation and Recovery Act, and the | ||
regulations promulgated thereunder,
it is unlawful for any | ||
person to knowingly deliver hazardous waste.
| ||
(2) Unlawful Delivery of Hazardous Waste is a Class 3 | ||
felony. In
addition to any other penalties prescribed by | ||
law, a person convicted of
the offense of Unlawful Delivery | ||
of Hazardous Waste is subject to a fine
not to exceed |
$250,000 for each such violation.
| ||
(3) For purposes of this Section, "deliver" or | ||
"delivery" means the
actual, constructive, or attempted | ||
transfer of possession of hazardous
waste, with or without | ||
consideration, whether or not there is an agency
| ||
relationship.
| ||
(f) Reckless Disposal of Hazardous Waste.
| ||
(1) A person commits Reckless Disposal of Hazardous | ||
Waste if he disposes
of hazardous waste, and his acts which | ||
cause the hazardous waste to be disposed
of, whether or not | ||
those acts are undertaken pursuant to or under color
of any | ||
permit or license, are performed with a conscious disregard | ||
of a
substantial and unjustifiable risk that such disposing | ||
of
hazardous waste is a gross deviation from the standard | ||
of care which a
reasonable person would exercise in the | ||
situation.
| ||
(2) Reckless Disposal of Hazardous Waste is a Class 4 | ||
felony. In addition
to any other penalties prescribed by | ||
law, a person convicted of the offense
of Reckless Disposal | ||
of Hazardous Waste is subject to a fine not to exceed
| ||
$50,000 for each day of such offense.
| ||
(g) Concealment of Criminal Disposal of Hazardous Waste.
| ||
(1) A person commits the offense of Concealment of | ||
Criminal Disposal
of Hazardous Waste when he conceals, |
without lawful justification, the disposal
of hazardous | ||
waste with the knowledge that such hazardous waste has been
| ||
disposed of in violation of this Act.
| ||
(2) Concealment of Criminal Disposal of a Hazardous | ||
Waste is a Class
4 felony. In addition to any other | ||
penalties prescribed by law, a person
convicted of the | ||
offense of Concealment of Criminal Disposal of Hazardous
| ||
Waste is subject to a fine not to exceed $50,000 for each | ||
day of such offense.
| ||
(h) Violations; False Statements.
| ||
(1) Any person who knowingly makes a false material | ||
statement in an
application for a permit or license | ||
required by this Act to treat, transport,
store, or dispose | ||
of hazardous waste commits the offense of perjury and
shall | ||
be subject to the penalties set forth in Section 32-2 of | ||
the Criminal
Code of 2012 1961 .
| ||
(2) Any person who knowingly makes a false material | ||
statement or
representation in any label, manifest, | ||
record, report, permit or license,
or other document filed, | ||
maintained, or used for the purpose of compliance
with this | ||
Act in connection with the generation, disposal, | ||
treatment,
storage, or transportation of hazardous waste | ||
commits a Class 4 felony. A
second or any subsequent | ||
offense after conviction hereunder is a Class 3
felony.
| ||
(3) Any person who knowingly destroys, alters, or |
conceals any record
required to be made by this Act in | ||
connection with the disposal, treatment,
storage, or | ||
transportation of hazardous waste commits a Class 4 felony.
| ||
A second or any subsequent offense after a conviction | ||
hereunder is a
Class 3 felony.
| ||
(4) Any person who knowingly makes a false material | ||
statement or
representation in any application, bill, | ||
invoice, or other document filed,
maintained, or used for | ||
the purpose of receiving money from the Underground
Storage | ||
Tank Fund commits a Class 4 felony. A second or any | ||
subsequent
offense after conviction hereunder is a Class 3 | ||
felony.
| ||
(5) Any person who knowingly destroys, alters, or | ||
conceals any record
required to be made or maintained by | ||
this Act or required to be made or
maintained by Board or | ||
Agency rules for the purpose of receiving money from
the | ||
Underground Storage Tank Fund commits a Class 4 felony. A | ||
second or any
subsequent offense after a conviction | ||
hereunder is a Class 3 felony.
| ||
(6) A person who knowingly and falsely certifies under | ||
Section 22.48
that an industrial process waste or pollution | ||
control waste is not special
waste commits a Class 4 felony | ||
for a first offense and commits a Class 3 felony
for a | ||
second or subsequent offense.
| ||
(7) In addition to any other penalties prescribed by | ||
law, a person
convicted of violating this subsection (h) is |
subject to a fine not to
exceed $50,000 for each day of | ||
such violation.
| ||
(8) Any person who knowingly makes a false, fictitious, | ||
or fraudulent material statement, orally or in writing, to | ||
the Agency, or to a unit of local government to which the | ||
Agency has delegated authority under subsection (r) of | ||
Section 4 of this Act, related to or required by this Act, | ||
a regulation adopted under this Act, any federal law or | ||
regulation for which the Agency has responsibility, or any | ||
permit, term, or condition thereof, commits a Class 4 | ||
felony, and each such statement or writing shall be | ||
considered a separate Class 4 felony. A person who, after | ||
being convicted under this paragraph (8), violates this | ||
paragraph (8) a second or subsequent time, commits a Class | ||
3 felony.
| ||
(i) Verification.
| ||
(1) Each application for a permit or license to dispose
| ||
of, transport, treat, store, or generate hazardous waste | ||
under this Act
shall contain an affirmation that the facts | ||
are true and are made under
penalty of perjury as defined | ||
in Section 32-2 of the Criminal Code of 2012 1961 .
It is | ||
perjury for a person to sign any such application for a | ||
permit or
license which contains a false material | ||
statement, which he does not believe
to be true.
| ||
(2) Each request for money from the Underground Storage |
Tank Fund
shall contain an affirmation that the facts are | ||
true and are made under
penalty of perjury as defined in | ||
Section 32-2 of the Criminal Code of 2012 1961 .
It is | ||
perjury for a person to sign any request that contains a | ||
false
material statement that he does not believe to be | ||
true.
| ||
(j) Violations of Other Provisions.
| ||
(1) It is unlawful for a person knowingly to violate:
| ||
(A) subsection (f) of Section 12 of this Act;
| ||
(B) subsection (g) of Section 12 of this Act;
| ||
(C) any term or condition of any Underground | ||
Injection Control (UIC)
permit;
| ||
(D) any filing requirement, regulation, or order | ||
relating to the State
Underground Injection Control | ||
(UIC) program;
| ||
(E) any provision of any regulation, standard, or | ||
filing requirement
under subsection (b) of Section 13 | ||
of this Act;
| ||
(F) any provision of any regulation, standard, or | ||
filing requirement
under subsection (b) of Section 39 | ||
of this Act;
| ||
(G) any National Pollutant Discharge Elimination | ||
System (NPDES) permit
issued under this Act or any term | ||
or condition of such permit;
| ||
(H) subsection (h) of Section 12 of this Act;
|
(I) subsection 6 of Section 39.5 of this Act;
| ||
(J) any provision of any regulation, standard or | ||
filing requirement
under Section 39.5 of this Act;
| ||
(K) a provision of the Procedures for Asbestos | ||
Emission Control in
subsection (c) of
Section 61.145 of | ||
Title 40 of the Code of Federal Regulations; or | ||
(L) the standard for waste disposal for | ||
manufacturing, fabricating, demolition, renovation, | ||
and spraying operations in Section 61.150 of Title 40 | ||
of the Code of Federal Regulations.
| ||
(2) A person convicted of a violation of subdivision | ||
(1) of this
subsection commits a Class 4 felony, and in | ||
addition to any other penalty
prescribed by law is subject | ||
to a fine not to exceed $25,000 for each day
of such | ||
violation.
| ||
(3) A person who negligently violates the following | ||
shall be subject
to a fine not to exceed $10,000 for each | ||
day of such violation:
| ||
(A) subsection (f) of Section 12 of this Act;
| ||
(B) subsection (g) of Section 12 of this Act;
| ||
(C) any provision of any regulation, standard, or | ||
filing requirement
under subsection (b) of Section 13 | ||
of this Act;
| ||
(D) any provision of any regulation, standard, or | ||
filing requirement
under subsection (b) of Section 39 | ||
of this Act;
|
(E) any National Pollutant Discharge Elimination | ||
System (NPDES) permit
issued under this Act;
| ||
(F) subsection 6 of Section 39.5 of this Act; or
| ||
(G) any provision of any regulation, standard, or | ||
filing requirement
under Section 39.5 of this Act.
| ||
(4) It is unlawful for a person knowingly to:
| ||
(A) make any false statement, representation, or | ||
certification
in an application form, or form | ||
pertaining to, a National Pollutant Discharge
| ||
Elimination System (NPDES) permit;
| ||
(B) render inaccurate any monitoring device or | ||
record required by the
Agency or Board in connection | ||
with any such permit or with any discharge
which is | ||
subject to the provisions of subsection (f) of Section | ||
12 of this
Act;
| ||
(C) make any false statement, representation, or | ||
certification in any
form, notice, or report | ||
pertaining to a CAAPP permit under Section 39.5 of this
| ||
Act;
| ||
(D) render inaccurate any monitoring device or | ||
record required by
the Agency or Board in connection | ||
with any CAAPP permit or with any
emission which is | ||
subject to the provisions of Section 39.5 of this Act; | ||
or
| ||
(E) violate subsection 6 of Section 39.5 of this | ||
Act or any CAAPP
permit, or term or condition thereof, |
or any fee or filing requirement.
| ||
(5) A person convicted of a violation of paragraph (4) | ||
of this
subsection commits a Class A misdemeanor, and in | ||
addition to any other
penalties provided by law is subject | ||
to a fine not to exceed $10,000 for
each day of violation.
| ||
(k) Criminal operation of a hazardous waste or PCB | ||
incinerator.
| ||
(1) A person commits the offense of criminal operation | ||
of a hazardous
waste or PCB incinerator when, in the course | ||
of operating a hazardous waste
or PCB incinerator, he | ||
knowingly and without justification operates
the | ||
incinerator (i) without an Agency permit, or in knowing | ||
violation of
the terms of an Agency permit, and (ii) as a | ||
result of such violation,
knowingly places any person in | ||
danger of great bodily harm or knowingly
creates an | ||
immediate or long term material danger to the public health | ||
or
the environment.
| ||
(2) Any person who commits the offense of criminal | ||
operation of a
hazardous waste or PCB incinerator for the | ||
first time commits a Class 4
felony and, in addition to any | ||
other penalties prescribed by law, shall be
subject to a | ||
fine not to exceed $100,000 for each day of the offense.
| ||
Any person who commits the offense of criminal | ||
operation of a hazardous
waste or PCB incinerator for a | ||
second or subsequent time commits a Class 3
felony and, in |
addition to any other penalties prescribed by law, shall be
| ||
subject to a fine not to exceed $250,000 for each day of | ||
the offense.
| ||
(3) For the purpose of this subsection (k), the term | ||
"hazardous waste
or PCB incinerator" means a pollution | ||
control facility at which
either hazardous waste or PCBs, | ||
or both, are incinerated. "PCBs" means any
substance or | ||
mixture of substances that contains one or more
| ||
polychlorinated biphenyls in detectable amounts.
| ||
(l) It shall be the duty of all State and local law | ||
enforcement officers
to enforce this Act and the regulations | ||
adopted hereunder, and all such
officers shall have authority | ||
to issue citations for such violations.
| ||
(m) Any action brought under this Section shall be brought | ||
by the
State's Attorney of the county in which the violation | ||
occurred, or by the
Attorney General, and shall be conducted in | ||
accordance with the applicable
provisions of the Code of | ||
Criminal Procedure of 1963.
| ||
(n) For an offense described in this Section, the period | ||
for
commencing prosecution prescribed by the statute of | ||
limitations shall not
begin to run until the offense is | ||
discovered by or reported to a State or
local agency having the | ||
authority to investigate violations of this Act.
|
(o) In addition to any other penalties provided under this
| ||
Act, if a person is convicted of (or agrees to a settlement in | ||
an enforcement
action over) illegal dumping of waste on the | ||
person's own property, the
Attorney General, the Agency, or | ||
local prosecuting authority shall file notice
of the | ||
conviction, finding, or agreement in the office of the Recorder | ||
in the
county in which the landowner lives.
| ||
(p) Criminal Disposal of Waste.
| ||
(1) A person commits the offense of Criminal Disposal | ||
of Waste when he or
she:
| ||
(A) if required to have a permit under subsection | ||
(d)
of Section 21 of this Act, knowingly conducts a | ||
waste-storage, waste-treatment,
or
waste-disposal | ||
operation in a quantity that exceeds 250 cubic feet of | ||
waste
without a permit; or
| ||
(B) knowingly conducts open dumping of waste in | ||
violation of subsection
(a) of
Section 21 of this Act.
| ||
(2) (A) A person who is convicted of a violation of | ||
subparagraph (A) of
paragraph (1) of this subsection is | ||
guilty of a Class 4 felony for a first
offense
and, in
| ||
addition to any other penalties provided by law, is subject | ||
to a fine not to
exceed $25,000 for each day of violation.
| ||
A person who is convicted of a violation of subparagraph | ||
(A) of paragraph (1) of this
subsection is guilty of a |
Class 3 felony for a second or subsequent offense
and, in | ||
addition to any other penalties provided by law, is subject | ||
to a fine
not to exceed $50,000 for each day of violation.
| ||
(B) A person who is convicted of a
violation of | ||
subparagraph (B) of paragraph
(1) of this subsection is | ||
guilty of a Class A misdemeanor.
However, a person who | ||
is convicted of a violation of subparagraph
(B) of
| ||
paragraph (1) of this
subsection for the open dumping | ||
of waste in a quantity that exceeds 250 cubic
feet or | ||
that exceeds 50 waste tires is guilty of a Class 4 | ||
felony
and, in
addition to any other penalties provided | ||
by law, is subject to a fine not to
exceed $25,000 for | ||
each day of violation.
| ||
(q) Criminal Damage to a Public Water Supply. | ||
(1) A person commits the offense of Criminal Damage to | ||
a Public Water Supply when, without lawful justification, | ||
he knowingly alters, damages, or otherwise tampers with the | ||
equipment or property of a public water supply, or | ||
knowingly introduces a contaminant into the distribution | ||
system of a public water supply so as to cause, threaten, | ||
or allow the distribution of water from any public water | ||
supply of such quality or quantity as to be injurious to | ||
human health or the environment. | ||
(2) Criminal Damage to a Public Water Supply is a Class | ||
4 felony. In addition to any other penalties prescribed by |
law, a person convicted of the offense of Criminal Damage | ||
to a Public Water Supply is subject to a fine not to exceed | ||
$250,000 for each day of such offense. | ||
(r) Aggravated Criminal Damage to a Public Water Supply. | ||
(1) A person commits the offense of Aggravated Criminal | ||
Damage to a Public Water Supply when, without lawful | ||
justification, he commits Criminal Damage to a Public Water | ||
Supply while knowing that he thereby places another person | ||
in danger of serious illness or great bodily harm, or | ||
creates an immediate or long-term danger to public health | ||
or the environment. | ||
(2) Aggravated Criminal Damage to a Public Water Supply | ||
is a Class 2 felony. In addition to any other penalties | ||
prescribed by law, a person convicted of the offense of | ||
Aggravated Criminal Damage to a Public Water Supply is | ||
subject to a fine not to exceed $500,000 for each day of | ||
such offense. | ||
(Source: P.A. 96-603, eff. 8-24-09; 97-220, eff. 7-28-11; | ||
97-286, eff. 8-10-11; 97-813, eff. 7-13-12.)
| ||
Section 545. The Firearm Owners Identification Card Act is | ||
amended by changing Sections 1, 1.1, 3.1, 3.2, and 10 as | ||
follows:
| ||
(430 ILCS 65/1) (from Ch. 38, par. 83-1)
|
Sec. 1. It is hereby declared as a matter of legislative | ||
determination that
in order to promote and protect the health, | ||
safety and welfare of the
public, it is necessary and in the | ||
public interest to provide a system of
identifying persons who | ||
are not qualified to acquire or possess firearms, firearm | ||
ammunition, stun guns, and tasers within the State of Illinois | ||
by the establishment of
a system of Firearm Owner's | ||
Identification Cards, thereby establishing a
practical and | ||
workable system by which law enforcement authorities will be
| ||
afforded an opportunity to identify those persons who are | ||
prohibited by
Section 24-3.1 of the " Criminal Code of 2012 | ||
1961", as amended , from
acquiring or possessing firearms and | ||
firearm ammunition and who are prohibited by this Act from | ||
acquiring stun guns and tasers.
| ||
(Source: P.A. 94-6, eff. 1-1-06.)
| ||
(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| ||
Sec. 1.1. For purposes of this Act:
| ||
"Has been adjudicated as a mental defective" means the | ||
person is the subject of a determination by a court, board, | ||
commission or other lawful authority that a person, as a result | ||
of marked subnormal intelligence, or mental illness, mental | ||
impairment, incompetency, condition, or disease: | ||
(1) is a danger to himself, herself, or to others; | ||
(2) lacks the mental capacity to manage his or her own | ||
affairs; |
(3) is not guilty in a criminal case by reason of | ||
insanity, mental disease or defect; | ||
(4) is incompetent to stand trial in a criminal case; | ||
(5) is not guilty by reason of lack of mental | ||
responsibility pursuant to Articles 50a and 72b of the | ||
Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.
| ||
"Counterfeit" means to copy or imitate, without legal | ||
authority, with
intent
to deceive. | ||
"Federally licensed firearm dealer" means a person who is | ||
licensed as a federal firearms dealer under Section 923 of the | ||
federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||
"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; excluding,
| ||
however:
| ||
(1) any pneumatic gun, spring gun, paint ball gun, or | ||
B-B gun which
expels a single globular projectile not | ||
exceeding .18 inch in
diameter or which has a maximum | ||
muzzle velocity of less than 700 feet
per second;
| ||
(1.1) any pneumatic gun, spring gun, paint ball gun, or | ||
B-B gun which expels breakable paint balls containing | ||
washable marking colors;
| ||
(2) any device used exclusively for signalling or | ||
safety and required or
recommended by the United States | ||
Coast Guard or the Interstate Commerce
Commission;
| ||
(3) any device used exclusively for the firing of stud |
cartridges,
explosive rivets or similar industrial | ||
ammunition; and
| ||
(4) an antique firearm (other than a machine-gun) | ||
which, although
designed as a weapon, the Department of | ||
State Police finds by reason of
the date of its | ||
manufacture, value, design, and other characteristics is
| ||
primarily a collector's item and is not likely to be used | ||
as a weapon.
| ||
"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; excluding, however:
| ||
(1) any ammunition exclusively designed for use with a | ||
device used
exclusively for signalling or safety and | ||
required or recommended by the
United States Coast Guard or | ||
the Interstate Commerce Commission; and
| ||
(2) any ammunition designed exclusively for use with a | ||
stud or rivet
driver or other similar industrial | ||
ammunition. | ||
"Gun show" means an event or function: | ||
(1) at which the sale and transfer of firearms is the | ||
regular and normal course of business and where 50 or more | ||
firearms are displayed, offered, or exhibited for sale, | ||
transfer, or exchange; or | ||
(2) at which not less than 10 gun show vendors display, | ||
offer, or exhibit for sale, sell, transfer, or exchange | ||
firearms.
|
"Gun show" includes the entire premises provided for an | ||
event or function, including parking areas for the event or | ||
function, that is sponsored to facilitate the purchase, sale, | ||
transfer, or exchange of firearms as described in this Section.
| ||
"Gun show" does not include training or safety classes, | ||
competitive shooting events, such as rifle, shotgun, or handgun | ||
matches, trap, skeet, or sporting clays shoots, dinners, | ||
banquets, raffles, or
any other event where the sale or | ||
transfer of firearms is not the primary course of business. | ||
"Gun show promoter" means a person who organizes or | ||
operates a gun show. | ||
"Gun show vendor" means a person who exhibits, sells, | ||
offers for sale, transfers, or exchanges any firearms at a gun | ||
show, regardless of whether the person arranges with a gun show | ||
promoter for a fixed location from which to exhibit, sell, | ||
offer for sale, transfer, or exchange any firearm. | ||
"Sanctioned competitive shooting event" means a shooting | ||
contest officially recognized by a national or state shooting | ||
sport association, and includes any sight-in or practice | ||
conducted in conjunction with the event.
| ||
"Stun gun or taser" has the meaning ascribed to it in | ||
Section 24-1 of the Criminal Code of 2012 1961 . | ||
(Source: P.A. 97-776, eff. 7-13-12.)
| ||
(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| ||
Sec. 3.1. Dial up system. |
(a) The Department of State Police shall provide
a dial up | ||
telephone system or utilize other existing technology which | ||
shall be used by any federally licensed
firearm dealer, gun | ||
show promoter, or gun show vendor who is to transfer a firearm, | ||
stun gun, or taser under the provisions of this
Act. The | ||
Department of State Police may utilize existing technology | ||
which
allows the caller to be charged a fee not to exceed $2. | ||
Fees collected by the Department of
State Police shall be | ||
deposited in the State Police Services Fund and used
to provide | ||
the service.
| ||
(b) Upon receiving a request from a federally licensed | ||
firearm dealer, gun show promoter, or gun show vendor, the
| ||
Department of State Police shall immediately approve, or within | ||
the time
period established by Section 24-3 of the Criminal | ||
Code of 2012 1961 regarding
the delivery of firearms, stun | ||
guns, and tasers notify the inquiring dealer, gun show | ||
promoter, or gun show vendor of any objection that
would | ||
disqualify the transferee from acquiring or possessing a | ||
firearm, stun gun, or taser. In
conducting the inquiry, the | ||
Department of State Police shall initiate and
complete an | ||
automated search of its criminal history record information
| ||
files and those of the Federal Bureau of Investigation, | ||
including the
National Instant Criminal Background Check | ||
System, and of the files of
the Department of Human Services | ||
relating to mental health and
developmental disabilities to | ||
obtain
any felony conviction or patient hospitalization |
information which would
disqualify a person from obtaining or | ||
require revocation of a currently
valid Firearm Owner's | ||
Identification Card. | ||
(c) If receipt of a firearm would not violate Section 24-3 | ||
of the Criminal Code of 2012 1961 , federal law, or this Act the | ||
Department of State Police shall: | ||
(1) assign a unique identification number to the | ||
transfer; and | ||
(2) provide the licensee, gun show promoter, or gun | ||
show vendor with the number. | ||
(d) Approvals issued by the Department of State Police for | ||
the purchase of a firearm are valid for 30 days from the date | ||
of issue.
| ||
(e) (1) The Department of State Police must act as the | ||
Illinois Point of Contact
for the National Instant Criminal | ||
Background Check System. | ||
(2) The Department of State Police and the Department of | ||
Human Services shall, in accordance with State and federal law | ||
regarding confidentiality, enter into a memorandum of | ||
understanding with the Federal Bureau of Investigation for the | ||
purpose of implementing the National Instant Criminal | ||
Background Check System in the State. The Department of State | ||
Police shall report the name, date of birth, and physical | ||
description of any person prohibited from possessing a firearm | ||
pursuant to the Firearm Owners Identification Card Act or 18 | ||
U.S.C. 922(g) and (n) to the National Instant Criminal |
Background Check System Index, Denied Persons Files.
| ||
(f) The Department of State Police shall promulgate rules | ||
not inconsistent with this Section to implement this
system.
| ||
(Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; 95-331, | ||
eff. 8-21-07; 95-564, eff. 6-1-08 .)
| ||
(430 ILCS 65/3.2)
| ||
Sec. 3.2. List of prohibited projectiles; notice to | ||
dealers. Prior to
January 1,
2002, the Department of State | ||
Police shall list on the Department's World Wide
Web site all | ||
firearm projectiles that are prohibited under Sections 24-2.1,
| ||
24-2.2, and 24-3.2 of the Criminal Code of 2012 1961 , together | ||
with a statement
setting forth the sentence that may be imposed | ||
for violating those Sections.
The Department of State Police | ||
shall, prior to January 1, 2002, send a list of
all firearm | ||
projectiles that are prohibited under Sections 24-2.1, 24-2.2, | ||
and
24-3.2 of the Criminal Code of 2012 1961 to each federally | ||
licensed firearm dealer
in Illinois registered with the | ||
Department.
| ||
(Source: P.A. 92-423, eff. 1-1-02.)
| ||
(430 ILCS 65/10) (from Ch. 38, par. 83-10)
| ||
Sec. 10. Appeal to director; hearing; relief from firearm | ||
prohibitions. | ||
(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 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 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 the Criminal Code | ||
of 2012 , 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. However, the court | ||
shall not issue the order if the petitioner is otherwise | ||
prohibited from obtaining, possessing, or using a firearm under
|
federal law.
| ||
(c) Any person prohibited from possessing a firearm under | ||
Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 1961 or | ||
acquiring a Firearm Owner's
Identification Card under Section 8 | ||
of this Act may apply to
the Director
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;
|
(3) granting relief would not be contrary to the public | ||
interest; and | ||
(4) granting relief would not be contrary to federal | ||
law.
| ||
(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.
| ||
(f) Any person who is subject to the disabilities of 18 | ||
U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | ||
of 1968 because of an adjudication or commitment that occurred | ||
under the laws of this State or who was determined to be | ||
subject to the provisions of subsections (e), (f), or (g) of | ||
Section 8 of this Act may apply to the Department of State | ||
Police requesting relief from that prohibition. The Director | ||
shall grant the relief if it is established by a preponderance |
of the evidence that the person will not be likely to act in a | ||
manner dangerous to public safety and that granting relief | ||
would not be contrary to the public interest. In making this | ||
determination, the Director shall receive evidence concerning | ||
(i) the circumstances regarding the firearms disabilities from | ||
which relief is sought; (ii) the petitioner's mental health and | ||
criminal history records, if any; (iii) the petitioner's | ||
reputation, developed at a minimum through character witness | ||
statements, testimony, or other character evidence; and (iv) | ||
changes in the petitioner's condition or circumstances since | ||
the disqualifying events relevant to the relief sought. If | ||
relief is granted under this subsection or by order of a court | ||
under this Section, the Director shall as soon as practicable | ||
but in no case later than 15 business days, update, correct, | ||
modify, or remove the person's record in any database that the | ||
Department of State Police makes available to the National | ||
Instant Criminal Background Check System and notify the United | ||
States Attorney General that the basis for the record being | ||
made available no longer applies. The Department of State | ||
Police shall adopt rules for the administration of this | ||
subsection (f). | ||
(Source: P.A. 96-1368, eff. 7-28-10; 97-1131, eff. 1-1-13.)
| ||
Section 550. The Carnival and Amusement Rides Safety Act is | ||
amended by changing Section 2-20 as follows: |
(430 ILCS 85/2-20) | ||
Sec. 2-20. Employment of carnival workers. | ||
(a) Beginning on January 1, 2008, no person, firm, | ||
corporation, or other entity that owns or operates a carnival | ||
or fair shall employ a carnival worker who (i) has been | ||
convicted of any offense set forth in Article 11 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 , (ii) is a | ||
registered sex offender, as defined in the Sex Offender | ||
Registration Act, or (iii) has ever been convicted of any | ||
offense set forth in Article 9 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 . | ||
(b) A person, firm, corporation, or other entity that owns | ||
or operates a carnival or fair must conduct a criminal history | ||
records check and perform a check of the National Sex Offender | ||
Public Registry for carnival workers at the time they are | ||
hired, and annually thereafter except if they are in the | ||
continued employ of the entity. | ||
The criminal history records check performed under this | ||
subsection (b) shall be performed by the Illinois State Police, | ||
another State or federal law enforcement agency, or a business | ||
belonging to the National Association of Professional | ||
Background Check Screeners. Any criminal history checks | ||
performed by the Illinois State Police shall be pursuant to the | ||
Illinois Uniform Conviction Information Act. | ||
Individuals who are under the age of 17 are exempt from the | ||
criminal history records check requirements set forth in this |
subsection (b). | ||
(c) Any person, firm, corporation, or other entity that | ||
owns or operates a carnival or fair must have a substance abuse | ||
policy in place for its workers, which shall include random | ||
drug testing of carnival workers. | ||
(d) Any person, firm, corporation, or other entity that | ||
owns or operates a carnival or fair that violates the | ||
provisions of subsection (a) of this Section or fails to | ||
conduct a criminal history records check or a sex offender | ||
registry check for carnival workers in its employ, as required | ||
by subsection (b) of this Section, shall be assessed a civil | ||
penalty in an amount not to exceed $1,000 for a first offense, | ||
not to exceed $5,000 for a second offense, and not to exceed | ||
$15,000 for a third or subsequent offense. The collection of | ||
these penalties shall be enforced in a civil action brought by | ||
the Attorney General on behalf of the Department. | ||
(e) A carnival or fair owner is not responsible for: | ||
(1) any personal information submitted by a carnival | ||
worker for criminal history records check purposes; or | ||
(2) any information provided by a third party for a | ||
criminal history records check or a sex offender registry | ||
check. | ||
(f) Recordkeeping requirements. Any person, firm, | ||
corporation, or other entity that owns or operates a carnival | ||
or fair subject to the provisions of this Act shall make, | ||
preserve, and make available to the Department, upon its |
request, all records that are required by this Act, including | ||
but not limited to a written substance abuse policy, evidence | ||
of the required criminal history records check and sex offender | ||
registry check, and any other information the Director may deem | ||
necessary and appropriate for enforcement of this Act. | ||
(g) A carnival or fair owner shall not be liable to any | ||
employee in carrying out the requirements of this Section.
| ||
(Source: P.A. 95-397, eff. 8-24-07; 95-687, eff. 10-23-07; | ||
96-151, eff. 8-7-09.) | ||
Section 555. The Animal Control Act is amended by changing | ||
Section 2.17a as follows:
| ||
(510 ILCS 5/2.17a)
| ||
Sec. 2.17a.
"Peace officer" has the meaning ascribed to it | ||
in Section 2-13
of the Criminal Code of 2012 1961 .
| ||
(Source: P.A. 93-548, eff. 8-19-03.)
| ||
Section 560. The Humane Care for Animals Act is amended by | ||
changing Sections 3.03-1, 3.04, 3.05, 4.01, and 4.02 as | ||
follows:
| ||
(510 ILCS 70/3.03-1)
| ||
Sec. 3.03-1. Depiction of animal cruelty.
| ||
(a) "Depiction of animal cruelty" means any visual or | ||
auditory depiction,
including any photograph, motion-picture |
film, video recording, electronic
image, or
sound recording, | ||
that would constitute a violation of Section 3.01, 3.02,
3.03, | ||
or 4.01 of the Humane Care for Animals Act or Section 26-5 or | ||
48-1 of the
Criminal Code of 1961 or the Criminal Code of 2012 .
| ||
(b) No person may knowingly create, sell, market, offer to | ||
market or sell,
or possess a depiction of animal
cruelty. No | ||
person may place that depiction in commerce for commercial gain | ||
or
entertainment.
This
Section does not apply when the | ||
depiction has religious, political,
scientific,
educational, | ||
law enforcement or humane investigator training,
journalistic, | ||
artistic, or historical value; or involves rodeos, sanctioned
| ||
livestock
events, or normal husbandry practices.
| ||
The creation, sale, marketing, offering to sell or market, | ||
or possession of
the depiction of animal cruelty is
illegal
| ||
regardless of whether the maiming, mutilation, torture, | ||
wounding, abuse,
killing, or any
other conduct
took place in | ||
this State.
| ||
(c) Any person convicted of violating this Section is | ||
guilty of a Class A
misdemeanor. A second or subsequent | ||
violation is a Class 4 felony. In
addition to any other penalty | ||
provided by law, upon conviction for violating
this Section,
| ||
the court may order the convicted person to undergo a | ||
psychological or
psychiatric
evaluation and to undergo any | ||
treatment at the convicted person's expense that
the court
| ||
determines to be appropriate after due consideration of the | ||
evaluation. If the
convicted
person is a juvenile, the court |
shall order the convicted person to undergo a
psychological
or | ||
psychiatric evaluation and to undergo treatment that the court | ||
determines to
be
appropriate after due consideration of the | ||
evaluation.
| ||
(Source: P.A. 97-1108, eff. 1-1-13.)
| ||
(510 ILCS 70/3.04)
| ||
Sec. 3.04. Arrests and seizures; penalties.
| ||
(a) Any law enforcement officer making an arrest for an | ||
offense involving
one or more companion animals under Section | ||
3.01, 3.02, or 3.03 of this Act
may lawfully take possession of | ||
some or all of the companion animals in the
possession of the | ||
person arrested. The officer, after taking possession of the
| ||
companion animals, must file with the court before whom the | ||
complaint is made
against any person so arrested an affidavit | ||
stating the name of the person
charged in the complaint, a | ||
description of the condition of the companion
animal or | ||
companion animals taken, and the time and place the companion | ||
animal
or companion animals were taken, together with the name | ||
of the person from
whom the companion animal or companion | ||
animals were taken and name of the
person who claims to own the | ||
companion animal or companion animals if different
from the | ||
person from whom the companion animal or companion animals were
| ||
seized. He or she must at the same time deliver an inventory of | ||
the companion
animal or companion animals taken to the court of | ||
competent jurisdiction. The
officer must place the companion |
animal or companion animals in the custody of
an animal control | ||
or animal shelter and the agency must retain custody of the
| ||
companion animal or companion animals subject to an order of | ||
the court
adjudicating the charges on the merits and before | ||
which the person complained
against is required to appear for | ||
trial. The State's Attorney may, within 14
days after the | ||
seizure, file a "petition for forfeiture prior to trial" before
| ||
the court having criminal jurisdiction over the alleged | ||
charges, asking for
permanent forfeiture of the companion | ||
animals seized. The petition shall be
filed with the court, | ||
with copies served on the impounding agency, the owner,
and | ||
anyone claiming an interest in the animals. In a "petition for | ||
forfeiture
prior to trial", the burden is on the prosecution to | ||
prove by a preponderance
of the evidence that the person | ||
arrested violated Section 3.01, 3.02, 3.03, or
4.01 of this Act | ||
or Section 26-5 or 48-1 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 .
| ||
(b) An owner whose companion animal or companion animals | ||
are removed by a
law enforcement officer under this Section | ||
must be given written notice of
the circumstances of the | ||
removal and of any legal remedies available to him
or her. The | ||
notice must be posted at the place of seizure, or delivered to
| ||
a person residing at the place of seizure or, if the address of | ||
the owner is
different from the address of the person from whom | ||
the companion animal or
companion animals were seized, | ||
delivered by registered mail to his or her last
known address.
|
(c) In addition to any other penalty provided by law, upon | ||
conviction for
violating Sections 3, 3.01, 3.02, or 3.03 the | ||
court may order the convicted
person to forfeit to an animal | ||
control or animal shelter
the animal
or animals that are the | ||
basis of the conviction. Upon an order of
forfeiture, the | ||
convicted person is deemed to have permanently
relinquished all | ||
rights to the animal or animals that are the basis of the
| ||
conviction. The forfeited animal or animals shall be adopted or | ||
humanely
euthanized. In no event may the convicted person or | ||
anyone residing in
his or her household be permitted to adopt | ||
the forfeited animal or animals.
The court, additionally, may | ||
order that the convicted person and persons
dwelling in the | ||
same household as the convicted person who conspired, aided, or
| ||
abetted in the
unlawful act that was the basis of the | ||
conviction, or who knew or should
have known of the unlawful | ||
act, may not own, harbor, or have custody or
control of any | ||
other animals for a period of time that the court deems
| ||
reasonable.
| ||
(Source: P.A. 97-1108, eff. 1-1-13.)
| ||
(510 ILCS 70/3.05)
| ||
Sec. 3.05. Security for companion animals and animals used | ||
for fighting
purposes. | ||
(a) In the case of companion animals as defined in Section | ||
2.01a or animals
used for fighting purposes in violation of | ||
Section 4.01
of this Act or Section 26-5 or 48-1 of the |
Criminal Code of 1961 or the Criminal Code of 2012 , the animal
| ||
control or animal shelter having custody of the animal or | ||
animals may file a
petition with the court requesting that the | ||
person from whom the animal or
animals are seized, or the owner | ||
of the animal or animals, be ordered to post
security. The | ||
security must be in an amount sufficient to secure payment of
| ||
all reasonable expenses expected to be incurred by the animal | ||
control or animal
shelter in caring for and providing for the | ||
animal or animals pending the
disposition of the charges. | ||
Reasonable expenses include, but are not limited
to, estimated | ||
medical care and boarding of the animal or animals for 30 days.
| ||
The amount of the security shall be determined by the court | ||
after taking into
consideration all of the facts and | ||
circumstances of the case, including, but
not limited to, the | ||
recommendation of the impounding organization having
custody | ||
and care of the seized animal or animals and the cost of caring | ||
for
the animal or animals. If security has been posted in | ||
accordance with this
Section, the animal control or animal | ||
shelter may draw from the security the
actual costs incurred by | ||
the agency in caring for the seized animal or animals.
| ||
(b) Upon receipt of a petition, the court must set a | ||
hearing on the
petition, to be conducted within 5 business days | ||
after the petition is filed.
The petitioner must serve a true | ||
copy of the petition upon the defendant and
the State's | ||
Attorney for the county in which the animal or animals were | ||
seized.
The petitioner must also serve a true copy of the |
petition on any interested
person. For the purposes of this | ||
subsection, "interested person" means an
individual, | ||
partnership, firm, joint stock company, corporation, | ||
association,
trust, estate, or other legal entity that the | ||
court determines may have a
pecuniary interest in the animal or | ||
animals that are the subject of the
petition. The court must | ||
set a hearing date to determine any interested
parties. The | ||
court may waive for good cause shown the posting of security.
| ||
(c) If the court orders the posting of security, the | ||
security must be
posted with the clerk of the court within 5 | ||
business days after the hearing.
If the person ordered to post | ||
security does not do so, the animal or animals
are forfeited by | ||
operation of law and the animal control or animal shelter
| ||
having control of the animal or animals must dispose of the | ||
animal or animals
through adoption or must humanely euthanize | ||
the animal. In no event may the
defendant or any person | ||
residing in the defendant's household adopt the animal
or | ||
animals.
| ||
(d) The impounding organization may file a petition with | ||
the court upon the
expiration of the 30-day period requesting | ||
the posting of additional security.
The court may order the | ||
person from whom the animal or animals were seized, or
the | ||
owner of the animal or animals, to post additional security | ||
with the
clerk of the court to secure payment of reasonable | ||
expenses for an additional
period of time pending a | ||
determination by the court of the charges against the
person |
from whom the animal or animals were seized.
| ||
(e) In no event may the security prevent the impounding | ||
organization having
custody and care of the animal or animals | ||
from disposing of the animal or
animals before the expiration | ||
of the 30-day period covered by the security if
the court makes | ||
a final determination of the charges against the person from
| ||
whom the animal or animals were seized. Upon the adjudication | ||
of the charges,
the person who posted the security is entitled | ||
to a refund of the security, in
whole or in part, for any | ||
expenses not incurred by the impounding organization.
| ||
(f) Notwithstanding any other provision of this Section to | ||
the contrary,
the court may order a person charged with any | ||
violation of this Act to provide
necessary food, water, | ||
shelter, and care for any animal or animals that are the
basis | ||
of the charge without the removal of the animal or animals from | ||
their
existing location and until the charges against the | ||
person are adjudicated.
Until a final determination of the | ||
charges is made, any law enforcement
officer, animal control | ||
officer, Department investigator, or an approved humane
| ||
investigator may be authorized by an order of the court to make | ||
regular visits
to the place where the animal or animals are | ||
being kept to ascertain if the
animal or animals are receiving | ||
necessary food, water, shelter, and care.
Nothing in this | ||
Section prevents any law enforcement officer, Department
| ||
investigator, or approved humane investigator from applying | ||
for a warrant under
this Section to seize any animal or animals |
being held by the person charged
pending the adjudication of | ||
the charges if it is determined that the animal or
animals are | ||
not receiving the necessary food, water, shelter, or care.
| ||
(g) Nothing in this Act shall be construed to prevent the | ||
voluntary,
permanent relinquishment of any animal by its owner | ||
to an animal
control or animal shelter in lieu of posting | ||
security or proceeding to a
forfeiture hearing. Voluntary | ||
relinquishment shall have no effect on the
criminal charges | ||
that may be pursued by the appropriate authorities.
| ||
(h) If an owner of a companion animal is acquitted by the | ||
court of charges
made pursuant to this Act, the court shall | ||
further order that any security that
has been posted for the | ||
animal shall be returned to the owner by the impounding
| ||
organization.
| ||
(i) The provisions of this Section only pertain to | ||
companion animals and
animals used for fighting purposes.
| ||
(Source: P.A. 97-1108, eff. 1-1-13.)
| ||
(510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
| ||
Sec. 4.01. Animals in entertainment. This Section does not | ||
apply when
the only animals involved are dogs. (Section 48-1 of | ||
the Criminal Code of
2012 1961 , rather than this Section, | ||
applies when the only animals involved are
dogs.)
| ||
(a) No person may own, capture, breed, train, or lease any | ||
animal which he
or she knows or should know is intended for use | ||
in any show, exhibition,
program, or other activity featuring |
or otherwise involving a fight between
such animal and any | ||
other animal or human, or the intentional killing of any
animal | ||
for the purpose of sport, wagering, or entertainment.
| ||
(b) No person shall promote, conduct, carry on, advertise, | ||
collect money for
or in any other manner assist or aid in the | ||
presentation for purposes of sport,
wagering, or | ||
entertainment, any show, exhibition, program, or other | ||
activity
involving a fight between 2 or more animals or any | ||
animal and human, or the
intentional killing of any animal.
| ||
(c) No person shall sell or offer for sale, ship, | ||
transport, or otherwise
move, or deliver or receive any animal | ||
which he or she knows or should know
has been captured, bred, | ||
or trained, or will be used, to fight another animal
or human | ||
or be intentionally killed, for the purpose of sport, wagering, | ||
or
entertainment.
| ||
(d) No person shall manufacture for sale, shipment, | ||
transportation
or delivery any device or equipment which that | ||
person knows or should know
is intended for use in any show, | ||
exhibition, program, or other activity
featuring or otherwise | ||
involving a fight between 2 or more animals, or any
human and | ||
animal, or the intentional killing of any animal for purposes | ||
of
sport, wagering or entertainment.
| ||
(e) No person shall own, possess, sell or offer for sale, | ||
ship,
transport, or otherwise move any equipment or device | ||
which such person
knows or should know is intended for use in | ||
connection with any show,
exhibition, program, or activity |
featuring or otherwise involving a fight
between 2 or more | ||
animals, or any animal and human, or the intentional
killing of | ||
any animal for purposes of sport, wagering or entertainment.
| ||
(f) No person shall make available any site, structure, or | ||
facility,
whether enclosed or not, which he or she knows or | ||
should know is intended
to be used for the purpose of | ||
conducting any show, exhibition, program, or
other activity | ||
involving a fight between 2 or more animals, or any animal and
| ||
human, or the intentional killing of any animal.
| ||
(g) No person shall knowingly attend or otherwise patronize | ||
any show, exhibition,
program, or other activity featuring or | ||
otherwise involving a fight between
2 or more animals, or any | ||
animal and human, or the intentional killing of
any animal for | ||
the purposes of sport, wagering or entertainment.
| ||
(h) (Blank).
| ||
(i) Any animals or equipment involved in a violation of | ||
this Section shall
be immediately seized and impounded under | ||
Section 12 by the Department when
located at any show, | ||
exhibition, program, or other activity featuring or
otherwise | ||
involving an animal fight for the purposes of sport, wagering, | ||
or
entertainment.
| ||
(j) Any vehicle or conveyance other than a common carrier | ||
that is used
in violation of this Section shall be seized, | ||
held, and offered for sale at
public auction by the sheriff's | ||
department of the proper jurisdiction, and
the proceeds from | ||
the sale shall be remitted to the general fund of the
county |
where the violation took place.
| ||
(k) Any veterinarian in this State who is presented with an | ||
animal for
treatment of injuries or wounds resulting from | ||
fighting where there is a
reasonable possibility that the | ||
animal was engaged in or utilized for a
fighting event for the | ||
purposes of sport, wagering, or entertainment shall
file a | ||
report with the Department and cooperate by furnishing the | ||
owners'
names, dates, and descriptions of the animal or animals | ||
involved. Any
veterinarian who in good faith complies with the | ||
requirements of this
subsection has immunity from any | ||
liability, civil, criminal, or otherwise,
that may result from | ||
his or her actions. For the purposes of any proceedings,
civil | ||
or criminal, the good faith of the veterinarian shall be | ||
rebuttably
presumed.
| ||
(l) No person shall solicit a minor to violate this | ||
Section.
| ||
(m) The penalties for violations of this Section shall be | ||
as follows:
| ||
(1) A person convicted of violating subsection (a), | ||
(b), or (c) of this
Section or any rule, regulation, or | ||
order of the Department pursuant thereto
is guilty of a | ||
Class 4 felony for the first offense. A second or
| ||
subsequent offense involving the violation of subsection | ||
(a), (b), or (c) of
this Section or any rule, regulation, | ||
or order of the Department pursuant
thereto is a Class 3 | ||
felony.
|
(2) A person convicted of violating subsection (d), | ||
(e), or (f) of this
Section or any rule, regulation, or | ||
order of the Department pursuant thereto
is guilty of a | ||
Class 4 felony for the first offense. A second or
| ||
subsequent violation is a Class 3 felony.
| ||
(3) A person convicted of violating subsection (g) of | ||
this Section or
any rule, regulation, or order of the | ||
Department pursuant thereto is guilty
of a Class 4 felony | ||
for the first offense. A second or
subsequent violation is | ||
a Class 3 felony.
| ||
(4) A person convicted of violating subsection (l) of | ||
this Section is
guilty of a Class 4 felony for the first | ||
offense. A second or
subsequent violation is a Class 3 | ||
felony.
| ||
(n) A person who commits a felony violation of this Section | ||
is subject to the property forfeiture provisions set forth in | ||
Article 124B of the Code of Criminal Procedure of 1963. | ||
(Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10; | ||
96-1000, eff. 7-2-10; 97-1108, eff. 1-1-13.)
| ||
(510 ILCS 70/4.02) (from Ch. 8, par. 704.02)
| ||
Sec. 4.02. Arrests; reports.
| ||
(a) Any law enforcement officer making an arrest for an | ||
offense involving
one or more animals under Section 4.01 of | ||
this Act or Section 48-1 of the
Criminal Code of 2012 1961 | ||
shall lawfully take possession of all animals and all
|
paraphernalia, implements, or other property or things used or | ||
employed, or
about to be employed, in the violation of any of | ||
the provisions of Section
4.01 of this Act or Section 48-1 of | ||
the Criminal Code of 2012 1961 . When a
law enforcement officer | ||
has
taken possession of such animals, paraphernalia, | ||
implements or other property
or things, he or she shall file | ||
with the court before whom the complaint is
made against any | ||
person so arrested an affidavit stating therein the name of
the | ||
person charged in the complaint, a description of the property | ||
so taken
and the time and place of the taking thereof together | ||
with the name of the
person from whom the same was taken and | ||
name of the person who claims to own
such property, if | ||
different from the person from whom the animals
were seized and | ||
if known, and that the affiant has reason to believe and does
| ||
believe, stating the ground of the belief, that the animals and
| ||
property so taken were used or employed, or were about to be | ||
used or employed,
in a violation of Section 4.01 of this Act or | ||
Section 48-1 of the Criminal
Code of 2012 1961 . He or she shall | ||
thereupon deliver an inventory of the property
so taken to the | ||
court of competent jurisdiction. A law enforcement officer may
| ||
humanely euthanize animals that are severely injured.
| ||
An owner whose animals are removed for a violation of | ||
Section
4.01 of this Act or Section 48-1 of the Criminal Code | ||
of 2012 1961 must be given
written notice of the circumstances | ||
of the removal and of any legal remedies
available to him or | ||
her. The notice must be posted at the place of seizure or
|
delivered to a person residing at the place of seizure or, if | ||
the address of
the owner is different from the address of the | ||
person from whom the animals were seized, delivered by | ||
registered mail to his or her last known
address.
| ||
The animal control or animal shelter having custody of the | ||
animals
may file a petition with the court requesting that the | ||
person from whom the
animals were seized or the owner of the | ||
animals be
ordered to post security pursuant to Section 3.05 of | ||
this Act.
| ||
Upon the conviction of the person so charged, all animals | ||
shall
be adopted or humanely euthanized and property so seized | ||
shall be adjudged by
the court to be forfeited. Any outstanding | ||
costs incurred by the impounding
facility in boarding and | ||
treating the animals pending the
disposition of the case and | ||
disposing of the animals upon a
conviction must be borne by the | ||
person convicted. In no event may the
animals be adopted by the | ||
defendant or anyone residing in his or
her household. If the | ||
court finds that the State either failed to prove the
criminal | ||
allegations or failed to prove that the animals were
used in | ||
fighting, the court must direct the delivery of the animals and | ||
the other property not previously forfeited to the owner of the
| ||
animals and property.
| ||
Any person authorized by this Section to care for an | ||
animal, to
treat an animal, or to attempt to restore an animal
| ||
to good health and who is acting in good faith is immune from | ||
any civil or
criminal liability that may result from his or her |
actions.
| ||
An animal control warden, animal control administrator, | ||
animal shelter
employee, or approved humane investigator may | ||
humanely euthanize severely
injured, diseased, or suffering | ||
animal in exigent circumstances.
| ||
(b) Any veterinarian in this State who is presented with an | ||
animal
for treatment of injuries or wounds resulting from | ||
fighting where there is
a reasonable possibility that the | ||
animal was engaged in or utilized for a
fighting event shall | ||
file a report with the Department and cooperate by
furnishing | ||
the owners' names, date of receipt of the animal or animals and
| ||
treatment administered, and descriptions of the animal or | ||
animals involved.
Any veterinarian who in good faith makes a | ||
report, as required by this
subsection (b), is immune from any | ||
liability, civil, criminal, or otherwise,
resulting from his or | ||
her actions. For the purposes of any proceedings, civil
or | ||
criminal, the good faith of any such veterinarian shall be | ||
presumed.
| ||
(Source: P.A. 97-1108, eff. 1-1-13.)
| ||
Section 565. The Wildlife Code is amended by changing | ||
Section 1.2b-1 as follows:
| ||
(520 ILCS 5/1.2b-1) (from Ch. 61, par. 1.2b-1)
| ||
Sec. 1.2b-1. Case. "Case" means any case, firearm carrying | ||
box, shipping box, or container acceptable under Article 24 of |
the Criminal Code of 2012 1961 .
| ||
(Source: P.A. 97-1027, eff. 8-17-12.)
| ||
Section 570. The Roadside Memorial Act is amended by | ||
changing Section 23 as follows: | ||
(605 ILCS 125/23) | ||
(Section scheduled to be repealed on December 31, 2012) | ||
Sec. 23. Fatal accident memorial marker program. | ||
(a) The fatal accident memorial marker program is intended | ||
to raise public awareness of reckless driving by emphasizing | ||
the dangers while affording families an opportunity to remember | ||
the victims of crashes involving reckless drivers. | ||
(b) As used in this Section, "fatal accident memorial | ||
marker" means a marker on a highway in this State commemorating | ||
one or more persons who died as a proximate result of a crash | ||
caused by a driver who committed an act of reckless homicide in | ||
violation of Section 9-3 or 9-3.2 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012 or who otherwise caused the death | ||
of one or more persons through the operation of a motor | ||
vehicle. | ||
(c) For purposes of the fatal accident memorial marker | ||
program in this Section, the provisions of Section 15 of this | ||
Act applicable to DUI memorial markers shall apply the same to | ||
fatal accident memorial markers. | ||
(d) A fatal accident memorial marker shall consist of a |
white on blue panel bearing the message "Reckless Driving Costs | ||
Lives". At the request of the qualified relative, a separate | ||
panel bearing the words "In Memory of (victim's name)", | ||
followed by the date of the crash that was the proximate cause | ||
of the loss of the victim's life, shall be mounted below the | ||
primary panel. | ||
(e) A fatal accident memorial marker may memorialize more | ||
than one victim who died as a result of the same crash. If one | ||
or more additional deaths subsequently occur in close proximity | ||
to an existing fatal accident memorial marker, the supporting | ||
jurisdiction may use the same marker to memorialize the | ||
subsequent death or deaths, by adding the names of the | ||
additional persons. | ||
(f) A fatal accident memorial marker shall be maintained | ||
for at least 2 years from the date the last person was | ||
memorialized on the marker. | ||
(g) The supporting jurisdiction has the right to install a | ||
marker at a location other than the location of the crash or to | ||
relocate a marker due to restricted room, property owner | ||
complaints, interference with essential traffic control | ||
devices, safety concerns, or other restrictions. In such cases, | ||
the sponsoring jurisdiction may select an alternate location. | ||
(h) The Department shall secure the consent of any | ||
municipality before placing a fatal accident memorial marker | ||
within the corporate limits of the municipality. | ||
(i) A fee in an amount to be determined by the supporting |
jurisdiction shall be charged to the qualified relative. The | ||
fee shall not exceed the costs associated with the fabrication, | ||
installation, and maintenance of the fatal accident memorial | ||
marker. | ||
(j) The Department shall report to the General Assembly no | ||
later than October 1, 2011 on the evaluation of the program and | ||
the number of fatal accident memorial marker requests. | ||
(k) This Section is repealed on December 31, 2012.
| ||
(Source: P.A. 96-1371, eff. 1-1-11; 97-304, eff. 8-11-11.) | ||
Section 575. The Illinois Vehicle Code is amended by | ||
changing Sections 1-101.2, 3-704, 3-806.6, 3-821, 4-103.3, | ||
4-105.5, 4-107, 5-101, 5-102, 5-301, 5-501, 6-101, 6-103, | ||
6-106.1, 6-106.2, 6-106.3, 6-106.4, 6-108.1, 6-118, 6-204, | ||
6-205, 6-205.2, 6-206, 6-206.1, 6-208, 6-303, 6-508, 6-514, | ||
6-708, 11-204.1, 11-208.7, 11-501, 11-501.1, 11-501.4, | ||
11-501.4-1, 12-612, and 16-108 as follows:
| ||
(625 ILCS 5/1-101.2) (from Ch. 95 1/2, par. 1-101.2)
| ||
Sec. 1-101.2. Affirmation. A signed statement to the effect | ||
that the
information provided by the signer is true and | ||
correct. The affirmation
shall subject any person who shall | ||
knowingly affirm falsely, in matter
material to any issue or | ||
point in question, to the penalties
inflicted by law on persons | ||
convicted of perjury under
Section 32-2 of the Criminal Code of | ||
2012 1961 .
|
(Source: P.A. 83-1473.)
| ||
(625 ILCS 5/3-704) (from Ch. 95 1/2, par. 3-704)
| ||
Sec. 3-704. Authority of Secretary of State to suspend or | ||
revoke a registration or
certificate of title; authority to | ||
suspend or revoke the registration of a
vehicle. | ||
(a) The Secretary of State may suspend or revoke the | ||
registration of a
vehicle or a certificate of title, | ||
registration card, registration sticker,
registration plate, | ||
disability parking decal or device,
or any nonresident or other | ||
permit in any of the following events:
| ||
1. When the Secretary of State is satisfied that such | ||
registration or
that such certificate, card, plate, | ||
registration sticker or permit was
fraudulently or
| ||
erroneously issued;
| ||
2. When a registered vehicle has been dismantled or | ||
wrecked or is not
properly equipped;
| ||
3. When the Secretary of State determines that any | ||
required fees have
not been paid to the Secretary of State, | ||
to the Illinois Commerce
Commission, or to the Illinois | ||
Department of Revenue under the Motor Fuel Tax Law, and the | ||
same are not paid upon reasonable notice and demand;
| ||
4. When a registration card, registration plate, | ||
registration sticker
or permit is knowingly
displayed upon | ||
a vehicle other than the one for which issued;
| ||
5. When the Secretary of State determines that the |
owner has committed
any offense under this Chapter | ||
involving the registration or the
certificate, card, | ||
plate, registration sticker or permit to be suspended or
| ||
revoked;
| ||
6. When the Secretary of State determines that a | ||
vehicle registered
not-for-hire is used or operated | ||
for-hire unlawfully, or used or operated
for purposes other | ||
than those authorized;
| ||
7. When the Secretary of State determines that an owner | ||
of a for-hire
motor vehicle has failed to give proof of | ||
financial responsibility as
required by this Act;
| ||
8. When the Secretary determines that the vehicle is | ||
not subject to or
eligible for a registration;
| ||
9. When the Secretary determines that the owner of a | ||
vehicle registered
under the mileage weight tax option | ||
fails to maintain the records specified
by law, or fails to | ||
file the reports required by law, or that such vehicle
is | ||
not equipped with an operable and operating speedometer or | ||
odometer;
| ||
10. When the Secretary of State is so authorized under | ||
any other
provision of law;
| ||
11. When the Secretary of State determines that the | ||
holder of a disability parking decal or device has | ||
committed any offense under Chapter 11
of this Code | ||
involving the use of a disability parking decal
or device.
| ||
(a-5) The Secretary of State may revoke a certificate of |
title and registration card and issue a corrected certificate | ||
of title and registration card, at no fee to the vehicle owner | ||
or lienholder, if there is proof that the vehicle | ||
identification number is erroneously shown on the original | ||
certificate of title.
| ||
(b) The Secretary of State may suspend or revoke the | ||
registration of a
vehicle as follows:
| ||
1. When the Secretary of State determines that the | ||
owner of a vehicle has
not paid a civil penalty or a | ||
settlement agreement arising from the
violation of rules | ||
adopted under the Illinois Motor Carrier Safety Law or the
| ||
Illinois Hazardous Materials Transportation Act or that a | ||
vehicle, regardless
of ownership, was the subject of | ||
violations of these rules that resulted in a
civil penalty | ||
or settlement agreement which remains unpaid.
| ||
2. When the Secretary of State determines that a | ||
vehicle registered for a
gross weight of more than 16,000 | ||
pounds within an affected area is not in
compliance with | ||
the provisions of Section 13-109.1 of the Illinois Vehicle
| ||
Code. | ||
3. When the Secretary of State is notified by the | ||
United States Department of Transportation that a vehicle | ||
is in violation of the Federal Motor Carrier Safety | ||
Regulations, as they are now or hereafter amended, and is | ||
prohibited from operating. | ||
(c) The Secretary of State may suspend the registration of |
a
vehicle when a court finds that the vehicle was used in a | ||
violation of Section 24-3A of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 relating to gunrunning. A suspension of | ||
registration under this subsection (c) may be for a period of | ||
up to 90 days.
| ||
(Source: P.A. 97-540, eff. 1-1-12.)
| ||
(625 ILCS 5/3-806.6) | ||
Sec. 3-806.6. Victims of domestic violence. | ||
(a) The
Secretary shall issue new and different license | ||
plates immediately
upon request to the registered owner of a | ||
vehicle who appears in
person and submits a completed | ||
application, if all of the following
are provided: | ||
(1) proof of ownership of the vehicle that is | ||
acceptable to the
Secretary; | ||
(2) a driver's license or identification card | ||
containing a picture
of the licensee or cardholder issued | ||
to the registered owner by the
Secretary under Section | ||
6-110 or 6-107 of this Code or Section 4 of the Illinois | ||
Identification Card Act. The Office of the Secretary shall | ||
conduct a search of its records to verify the authenticity | ||
of any document submitted under this paragraph (2); | ||
(3) the previously issued license plates from the | ||
vehicle; | ||
(4) payment of the required fee for the issuance of
| ||
duplicate license plates under Section 3-417; and |
(5) one of the following: | ||
(A) a copy of a police report, court documentation, | ||
or other law
enforcement documentation identifying the | ||
registered owner of the
vehicle as the victim of an | ||
incident of abuse, as defined in Section 103 of the | ||
Illinois Domestic Violence Act of 1986, or the subject | ||
of
stalking, as defined in Section 12-7.3 of the | ||
Criminal Code of 2012 1961 ; | ||
(B) a written acknowledgment, dated within 30 days | ||
of submission,
on the letterhead of a domestic violence | ||
agency, that the registered
owner is actively seeking | ||
assistance or has sought assistance from
that agency | ||
within the past year; or | ||
(C) an order of protection issued under Section 214 | ||
of the Illinois Domestic Violence Act of 1986 that | ||
names the registered owner as a protected
party. | ||
(b) This Section does not apply to license plates issued | ||
under Section 3-664
or to special license plates issued under | ||
Article VI of this Chapter.
| ||
(Source: P.A. 94-503, eff. 1-1-06; 95-876, eff. 8-21-08.)
| ||
(625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
| ||
Sec. 3-821. Miscellaneous Registration and Title Fees.
| ||
(a) The fee to be paid to the Secretary of State for the | ||
following
certificates, registrations or evidences of proper | ||
registration, or for
corrected or duplicate documents shall be |
in accordance with the following
schedule:
| |||||||||||||||||||||||||||||||||||||||||||||||||||
|
A special corrected certificate of title shall be issued | ||
(i) to remove a co-owner's name due to the death of the | ||
co-owner or due to a divorce or (ii) to change a co-owner's | ||
name due to a marriage.
| ||
There shall be no fee paid for a Junking Certificate.
| ||
There shall be no fee paid for a certificate of title | ||
issued to a county when the vehicle is forfeited to the county | ||
under Article 36 of the Criminal Code of 2012 1961 . | ||
(a-5) The Secretary of State may revoke a certificate of | ||
title and registration card and issue a corrected certificate | ||
of title and registration card, at no fee to the vehicle owner | ||
or lienholder, if there is proof that the vehicle | ||
identification number is erroneously shown on the original | ||
certificate of title.
| ||
(a-10) The Secretary of State may issue, in connection with | ||
the sale of a motor vehicle, a corrected title to a motor | ||
vehicle dealer upon application and submittal of a lien release | ||
letter from the lienholder listed in the files of the | ||
Secretary. In the case of a title issued by another state, the | ||
dealer must submit proof from the state that issued the last | ||
title. The corrected title, which shall be known as a dealer | ||
lien release certificate of title, shall be issued in the name | ||
of the vehicle owner without the named lienholder. If the motor | ||
vehicle is currently titled in a state other than Illinois, the | ||
applicant must submit either (i) a letter from the current | ||
lienholder releasing the lien and stating that the lienholder |
has possession of the title; or (ii) a letter from the current | ||
lienholder releasing the lien and a copy of the records of the | ||
department of motor vehicles for the state in which the vehicle | ||
is titled, showing that the vehicle is titled in the name of | ||
the applicant and that no liens are recorded other than the | ||
lien for which a release has been submitted. The fee for the | ||
dealer lien release certificate of title is $20. | ||
(b) The Secretary may prescribe the maximum service charge | ||
to be
imposed upon an applicant for renewal of a registration | ||
by any person
authorized by law to receive and remit or | ||
transmit to the Secretary such
renewal application and fees | ||
therewith.
| ||
(c) If payment is delivered to the Office of the Secretary | ||
of State
as payment of any fee or tax under this Code, and such | ||
payment is not
honored for any reason, the registrant
or other | ||
person tendering the payment remains liable for the payment of
| ||
such fee or tax. The Secretary of State may assess a service | ||
charge of $25
in addition to the fee or tax due and owing for | ||
all dishonored payments.
| ||
If the total amount then due and owing exceeds the sum of | ||
$100 and
has not been paid in full within 60 days from the date | ||
such fee or tax
became due to the Secretary of State, the | ||
Secretary of State shall
assess a penalty of 25% of such amount | ||
remaining unpaid.
| ||
All amounts payable under this Section shall be computed to | ||
the
nearest dollar. Out of each fee collected for dishonored |
payments, $5 shall be deposited in the Secretary of State | ||
Special Services Fund.
| ||
(d) The minimum fee and tax to be paid by any applicant for
| ||
apportionment of a fleet of vehicles under this Code shall be | ||
$15
if the application was filed on or before the date | ||
specified by the
Secretary together with fees and taxes due. If | ||
an application and the
fees or taxes due are filed after the | ||
date specified by the Secretary,
the Secretary may prescribe | ||
the payment of interest at the rate of 1/2
of 1% per month or | ||
fraction thereof after such due date and a minimum of
$8.
| ||
(e) Trucks, truck tractors, truck tractors with loads, and | ||
motor buses,
any one of which having a combined total weight in | ||
excess of 12,000 lbs.
shall file an application for a Fleet | ||
Reciprocity Permit issued by the
Secretary of State. This | ||
permit shall be in the possession of any driver
operating a | ||
vehicle on Illinois highways. Any foreign licensed vehicle of | ||
the
second division operating at any time in Illinois without a | ||
Fleet Reciprocity
Permit or other proper Illinois | ||
registration, shall subject the operator to the
penalties | ||
provided in Section 3-834 of this Code. For the purposes of | ||
this
Code, "Fleet Reciprocity Permit" means any second division | ||
motor vehicle with a
foreign license and used only in | ||
interstate transportation of goods. The fee
for such permit | ||
shall be $15 per fleet which shall include all
vehicles of the | ||
fleet being registered.
| ||
(f) For purposes of this Section, "all-terrain vehicle or |
off-highway
motorcycle used for production agriculture" means | ||
any all-terrain vehicle or
off-highway motorcycle used in the | ||
raising
of or the propagation of livestock, crops for sale for | ||
human consumption,
crops for livestock consumption, and | ||
production seed stock grown for the
propagation of feed grains | ||
and the husbandry of animals or for the purpose
of providing a | ||
food product, including the husbandry of blood stock as a
main | ||
source of providing a food product.
"All-terrain vehicle or | ||
off-highway motorcycle used in production agriculture"
also | ||
means any all-terrain vehicle or off-highway motorcycle used in | ||
animal
husbandry, floriculture, aquaculture, horticulture, and | ||
viticulture.
| ||
(g) All of the proceeds of the additional fees imposed by | ||
Public Act 96-34 shall be deposited into the Capital Projects | ||
Fund. | ||
(Source: P.A. 96-34, eff. 7-13-09; 96-554, eff. 1-1-10; 96-653, | ||
eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1274, eff. 7-26-10; | ||
97-835, eff. 1-1-13; 97-838, eff. 7-20-12; revised 8-3-12.)
| ||
(625 ILCS 5/4-103.3) (from Ch. 95 1/2, par. 4-103.3)
| ||
Sec. 4-103.3. Organizer of an aggravated vehicle theft | ||
conspiracy.
| ||
(a) A person commits the offense of organizer of a vehicle | ||
theft
conspiracy if:
| ||
(1) the person intentionally violates Section 4-103.2 | ||
of
this Code with the agreement of 3 or more persons; and
|
(2) the person is known by other co-conspirators as the | ||
organizer,
supervisor, financier or otherwise leader of | ||
the conspiracy.
| ||
(b) No person may be convicted of organizer of a vehicle | ||
theft
conspiracy unless an overt act in furtherance of the | ||
agreement is alleged
and proved to have been committed by him | ||
or by a co-conspirator, and the
accused is part of a common | ||
plan or scheme to engage in the unlawful activity.
| ||
(c) It shall not be a defense to organizer of a vehicle | ||
theft conspiracy
that the person or persons with whom the | ||
accused is alleged to have conspired:
| ||
(1) has not been prosecuted or convicted;
| ||
(2) has been convicted of a different offense;
| ||
(3) is not amenable to justice;
| ||
(4) has been acquitted; or
| ||
(5) lacked the capacity to commit an offense.
| ||
(d) Notwithstanding Section 8-5 of the Criminal Code of | ||
2012 1961 , a person
may be convicted and sentenced for both the | ||
offense of organizer of a
vehicle theft conspiracy and any | ||
other offense in this Chapter which is the
object of the | ||
conspiracy.
| ||
(e) Organizer of a vehicle theft conspiracy is a Class X | ||
felony.
| ||
(Source: P.A. 86-1209.)
| ||
(625 ILCS 5/4-105.5) (from Ch. 95 1/2, par. 4-105.5)
|
Sec. 4-105.5. Attempt. As defined in Section 8-4 of the | ||
Criminal Code of 2012 1961 .
| ||
(Source: P.A. 81-932.)
| ||
(625 ILCS 5/4-107) (from Ch. 95 1/2, par. 4-107)
| ||
Sec. 4-107. Stolen, converted, recovered and unclaimed | ||
vehicles.
| ||
(a) Every Sheriff, Superintendent of police, Chief of | ||
police or other police
officer in command of any Police | ||
department in any City, Village or Town of
the State, shall, by | ||
the fastest means of communications available to his law
| ||
enforcement agency, immediately report to the State Police, in | ||
Springfield,
Illinois, the theft or recovery of any stolen or | ||
converted vehicle within
his district or jurisdiction. The | ||
report shall give the date of theft,
description of the vehicle | ||
including color, year of manufacture,
manufacturer's trade | ||
name, manufacturer's series name, body style, vehicle
| ||
identification number and license registration number, | ||
including the state
in which the license was issued and the | ||
year of issuance, together with the
name, residence address, | ||
business address, and telephone number of the
owner. The report | ||
shall be routed by the originating law enforcement
agency | ||
through the State Police District in which such agency is | ||
located.
| ||
(b) A registered owner or a lienholder may report the theft | ||
by
conversion of a vehicle, to the State Police, or any other |
police
department or Sheriff's office. Such report will be | ||
accepted as a report
of theft and processed only if a formal | ||
complaint is on file and a warrant
issued.
| ||
(c) An operator of a place of business for garaging, | ||
repairing, parking
or storing vehicles for the public, in which | ||
a vehicle remains unclaimed,
after being left for the purpose | ||
of garaging, repairing, parking or storage,
for a period of 15 | ||
days, shall, within 5 days after the expiration of that
period, | ||
report the vehicle as unclaimed to the municipal police
when | ||
the vehicle is within the corporate limits of any City, Village | ||
or
incorporated Town, or the County Sheriff, or State Police | ||
when the vehicle
is outside the corporate limits of a City, | ||
Village or incorporated Town. This
Section does not apply to | ||
any vehicle:
| ||
(1) removed to a place of storage by a law
enforcement | ||
agency having jurisdiction, in accordance with Sections | ||
4-201 and
4-203 of this Act; or
| ||
(2) left under a garaging, repairing, parking, or | ||
storage order
signed by the owner, lessor, or other legally | ||
entitled person.
| ||
Failure to comply with this Section will result in the
| ||
forfeiture of storage fees for that vehicle involved.
| ||
(d) The State Police shall keep a complete record of all | ||
reports filed
under this Section of the Act. Upon receipt of | ||
such report, a careful
search shall be made of the records of | ||
the office of the State Police,
and where it is found that a |
vehicle reported recovered was stolen in a
County, City, | ||
Village or Town other than the County, City, Village or
Town in | ||
which it is recovered, the State Police shall immediately
| ||
notify the Sheriff, Superintendent of police, Chief of police, | ||
or other
police officer in command of the Sheriff's office or | ||
Police
department of the County, City, Village or Town in which | ||
the vehicle
was originally reported stolen, giving complete | ||
data as to the time
and place of recovery.
| ||
(e) Notification of the theft or conversion of a vehicle | ||
will be
furnished to the Secretary of State by the State | ||
Police. The Secretary
of State shall place the proper | ||
information in the license registration and
title registration | ||
files to indicate the theft or conversion of a motor
vehicle or | ||
other vehicle. Notification of the recovery of a vehicle
| ||
previously reported as a theft or a conversion will be | ||
furnished to the
Secretary of State by the State Police. The | ||
Secretary of State shall remove
the proper information from the | ||
license registration and title registration
files that has | ||
previously indicated the theft or conversion of a vehicle.
The | ||
Secretary of State shall suspend the registration of a vehicle | ||
upon
receipt of a report from the State Police that such | ||
vehicle was stolen or
converted.
| ||
(f) When the Secretary of State receives an application for | ||
a certificate
of title or an application for registration of a | ||
vehicle and it is determined
from the records of the office of | ||
the Secretary of State that such vehicle
has been reported |
stolen or converted, the Secretary of State shall immediately
| ||
notify the State Police and shall give the State Police the | ||
name and address
of the person or firm titling or registering | ||
the vehicle, together with all
other information contained in | ||
the application submitted by such person or
firm.
| ||
(g) During the usual course of business the manufacturer of | ||
any
vehicle shall place an original manufacturer's vehicle | ||
identification
number on all such vehicles manufactured and on | ||
any part of such
vehicles requiring an identification number.
| ||
(h) Except provided in subsection (h-1), if a | ||
manufacturer's vehicle
identification number is missing
or has | ||
been removed, changed or mutilated on any vehicle, or any
part | ||
of such vehicle requiring an identification number, the State | ||
Police
shall restore, restamp or reaffix the vehicle | ||
identification number plate,
or affix a new plate bearing the | ||
original manufacturer's vehicle
identification number on each | ||
such vehicle and on all necessary parts of
the vehicles.
A | ||
vehicle identification number so
affixed, restored,
restamped, | ||
reaffixed or replaced is not falsified, altered or forged
| ||
within the meaning of this Act.
| ||
(h-1) A person engaged in the repair or servicing of | ||
vehicles may reaffix
a
manufacturer's identification number | ||
plate on the same damaged vehicle from
which it
was originally | ||
removed, if the person reaffixes the original manufacturer's
| ||
identification
number plate in place of the identification | ||
number plate affixed on a new
dashboard that
has been installed |
in the vehicle. The person must notify the Secretary of
State | ||
each time
the original manufacturer's identification number | ||
plate is reaffixed on a
vehicle. The
person must keep a record | ||
indicating that the identification number plate
affixed on the
| ||
new dashboard has been removed and has been replaced by the | ||
manufacturer's
identification number plate originally affixed | ||
on the vehicle. The person also
must keep a
record regarding | ||
the status and location of the identification number plate
| ||
removed from
the replacement dashboard.
The Secretary shall | ||
adopt rules for implementing this subsection (h-1).
| ||
(h-2) The owner of a vehicle repaired under subsection | ||
(h-1) must,
within 90 days of the date of the repairs, contact | ||
an officer of the Illinois
State Police Vehicle Inspection | ||
Bureau and arrange for an inspection of the
vehicle, by the | ||
officer or the officer's designee, at a mutually agreed upon
| ||
date and location.
| ||
(i) If a vehicle or part of any vehicle is found to
have | ||
the manufacturer's identification number removed, altered, | ||
defaced or
destroyed, the vehicle or part shall be seized by | ||
any law enforcement
agency having jurisdiction and held for the | ||
purpose of identification. In the
event that the manufacturer's | ||
identification number of a vehicle or part
cannot be | ||
identified, the vehicle or part shall be considered contraband, | ||
and
no right of property shall exist in any person owning, | ||
leasing or possessing
such property, unless the person owning, | ||
leasing or possessing the
vehicle or part acquired such without |
knowledge that the manufacturer's
vehicle identification | ||
number has been removed, altered, defaced, falsified
or | ||
destroyed.
| ||
Either the seizing law enforcement agency or the State's | ||
Attorney of
the county where the seizure occurred may make an | ||
application for an order
of forfeiture to the circuit court in | ||
the county of seizure. The
application for forfeiture shall be | ||
independent from any prosecution
arising out of the seizure and | ||
is not subject to any final determination of
such prosecution. | ||
The circuit court shall issue an order forfeiting the
property | ||
to the seizing law enforcement agency if the court finds that | ||
the
property did not at the time of seizure possess a valid | ||
manufacturer's
identification number and that the original | ||
manufacturer's identification
number cannot be ascertained. | ||
The seizing law enforcement agency may:
| ||
(1) retain the forfeited property for official use; or
| ||
(2) sell the forfeited property and distribute the | ||
proceeds in
accordance with Section 4-211 of this Code, or | ||
dispose of the forfeited
property in such manner as the law | ||
enforcement agency deems appropriate.
| ||
(i-1) If a motorcycle is seized under subsection (i), the | ||
motorcycle
must be returned within 45 days of the date of | ||
seizure to the person from whom
it was seized, unless
(i) | ||
criminal charges are pending against that person or (ii) an | ||
application
for
an
order of forfeiture has been submitted to | ||
the circuit in the county of
seizure or (iii) the circuit court |
in the county of seizure has received from
the seizing law | ||
enforcement agency and has granted a petition to extend, for a
| ||
single 30 day period, the 45 days allowed for return of the | ||
motorcycle. Except
as provided in subsection (i-2), a | ||
motorcycle returned to the person from whom
it was seized must | ||
be returned in essentially the same condition it was in at
the
| ||
time of seizure.
| ||
(i-2) If any part or parts of a motorcycle seized under | ||
subsection (i) are
found to be
stolen and are removed, the | ||
seizing law enforcement agency is not required to
replace the | ||
part or parts before returning the motorcycle to the person | ||
from
whom it
was seized.
| ||
(j) The State Police shall notify the Secretary
of State
| ||
each time a manufacturer's vehicle identification number is | ||
affixed, reaffixed,
restored or restamped on any vehicle. The | ||
Secretary of State shall make
the necessary changes or | ||
corrections in his records, after the proper
applications and | ||
fees have been submitted, if applicable.
| ||
(k) Any vessel, vehicle or aircraft used with knowledge and | ||
consent
of the owner in the commission of, or in the attempt to | ||
commit as defined
in Section 8-4 of the Criminal Code of 2012 | ||
1961 , an offense prohibited
by Section 4-103 of this Chapter, | ||
including transporting of a stolen vehicle
or stolen vehicle | ||
parts, shall be seized by any law enforcement
agency. The | ||
seizing law enforcement agency may:
| ||
(1) return the vehicle to its owner if such vehicle is |
stolen; or
| ||
(2) confiscate the vehicle and retain it for any | ||
purpose which the law
enforcement agency deems | ||
appropriate; or
| ||
(3) sell the vehicle at a public sale or dispose of the | ||
vehicle in such
other manner as the law enforcement agency | ||
deems appropriate.
| ||
If the vehicle is sold at public sale, the proceeds of the | ||
sale shall be
paid to the law enforcement agency.
| ||
The law enforcement agency shall not retain, sell or | ||
dispose of a vehicle
under paragraphs (2) or (3) of this | ||
subsection (k) except upon an order
of forfeiture issued by the | ||
circuit court. The circuit court may issue
such order of | ||
forfeiture upon application of the law enforcement agency
or | ||
State's Attorney of the county where the law enforcement agency | ||
has
jurisdiction, or in the case of the Department of State | ||
Police or the
Secretary of State, upon application of the | ||
Attorney General.
| ||
The court shall issue the order if the owner of the vehicle | ||
has been
convicted of transporting stolen vehicles or stolen | ||
vehicle parts and the
evidence establishes that the owner's | ||
vehicle has been used in the commission
of such offense.
| ||
The provisions of subsection (k) of this Section shall not | ||
apply to any
vessel, vehicle or aircraft, which has been | ||
leased, rented or loaned by
its owner, if the owner did not | ||
have knowledge of and consent to the use
of the vessel, vehicle |
or aircraft in the commission of, or in an attempt
to commit, | ||
an offense prohibited by Section 4-103 of this Chapter.
| ||
(Source: P.A. 92-443, eff. 1-1-02; 93-456, eff. 8-8-03.)
| ||
(625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
| ||
Sec. 5-101. New vehicle dealers must be licensed.
| ||
(a) No person shall engage in this State in the business of | ||
selling
or dealing in, on consignment or otherwise, new | ||
vehicles of any make, or
act as an intermediary or agent or | ||
broker for any licensed dealer or
vehicle purchaser other than | ||
as a salesperson, or represent or advertise
that he is so | ||
engaged or intends to so engage in such business unless
| ||
licensed to do so in writing by the Secretary of State under | ||
the
provisions of this Section.
| ||
(b) An application for a new vehicle dealer's license shall | ||
be filed
with the Secretary of State, duly verified by oath, on | ||
such form as the
Secretary of State may by rule or regulation | ||
prescribe and shall contain:
| ||
1. The name and type of business organization of the | ||
applicant and
his established and additional places of | ||
business, if any, in this State.
| ||
2. If the applicant is a corporation, a list of its | ||
officers,
directors, and shareholders having a ten percent | ||
or greater ownership
interest in the corporation, setting | ||
forth the residence address of
each; if the applicant is a | ||
sole proprietorship, a partnership, an
unincorporated |
association, a trust, or any similar form of business
| ||
organization, the name and residence address of the | ||
proprietor or of
each partner, member, officer, director, | ||
trustee, or manager.
| ||
3. The make or makes of new vehicles which the | ||
applicant will offer
for sale at retail in this State.
| ||
4. The name of each manufacturer or franchised | ||
distributor, if any,
of new vehicles with whom the | ||
applicant has contracted for the sale of
such new vehicles. | ||
As evidence of this fact, the application shall be
| ||
accompanied by a signed statement from each such | ||
manufacturer or
franchised distributor. If the applicant | ||
is in the business of
offering for sale new conversion | ||
vehicles, trucks or vans, except for
trucks modified to | ||
serve a special purpose which includes but is not
limited | ||
to the following vehicles: street sweepers, fertilizer | ||
spreaders,
emergency vehicles, implements of husbandry or | ||
maintenance type vehicles,
he must furnish evidence of a | ||
sales and service agreement from both the
chassis | ||
manufacturer and second stage manufacturer.
| ||
5. A statement that the applicant has been approved for | ||
registration
under the Retailers' Occupation Tax Act by the | ||
Department of Revenue:
Provided that this requirement does | ||
not apply to a dealer who is already
licensed hereunder | ||
with the Secretary of State, and who is merely applying
for | ||
a renewal of his license. As evidence of this fact, the |
application
shall be accompanied by a certification from | ||
the Department of Revenue
showing that that Department has | ||
approved the applicant for registration
under the | ||
Retailers' Occupation Tax Act.
| ||
6. A statement that the applicant has complied with the | ||
appropriate
liability insurance requirement. A Certificate | ||
of Insurance in a solvent
company authorized to do business | ||
in the State of Illinois shall be included
with each | ||
application covering each location at which he proposes to | ||
act
as a new vehicle dealer. The policy must provide | ||
liability coverage in
the minimum amounts of $100,000 for | ||
bodily injury to, or death of, any person,
$300,000 for | ||
bodily injury to, or death of, two or more persons in any | ||
one
accident, and $50,000 for damage to property. Such | ||
policy shall expire
not sooner than December 31 of the year | ||
for which the license was issued
or renewed. The expiration | ||
of the insurance policy shall not terminate
the liability | ||
under the policy arising during the period for which the
| ||
policy was filed. Trailer and mobile home dealers are | ||
exempt from this
requirement.
| ||
If the permitted user has a liability insurance policy | ||
that provides
automobile
liability insurance coverage of | ||
at least $100,000 for bodily injury to or the
death of any
| ||
person, $300,000 for bodily injury to or the death of any 2 | ||
or more persons in
any one
accident, and $50,000 for damage | ||
to property,
then the permitted user's insurer shall be the |
primary
insurer and the
dealer's insurer shall be the | ||
secondary insurer. If the permitted user does not
have a | ||
liability
insurance policy that provides automobile | ||
liability insurance coverage of at
least
$100,000 for | ||
bodily injury to or the death of any person, $300,000 for | ||
bodily
injury to or the death of any 2 or more persons in | ||
any one accident, and
$50,000 for damage to property, or | ||
does not have any insurance at all,
then the dealer's | ||
insurer shall be the primary insurer and the permitted | ||
user's
insurer shall be the secondary
insurer.
| ||
When a permitted user is "test driving" a new vehicle | ||
dealer's automobile,
the new vehicle dealer's insurance | ||
shall be primary and the permitted user's
insurance shall | ||
be secondary.
| ||
As used in this paragraph 6, a "permitted user" is a | ||
person who, with the
permission of the new vehicle dealer | ||
or an employee of the new vehicle dealer,
drives a vehicle | ||
owned and held for sale or lease by the new vehicle dealer
| ||
which the person is considering
to purchase or lease, in | ||
order to evaluate the performance, reliability, or
| ||
condition of the vehicle.
The term "permitted user" also | ||
includes a person who, with the permission of
the new
| ||
vehicle dealer, drives a vehicle owned or held for sale or | ||
lease by the new
vehicle dealer
for loaner purposes while | ||
the user's vehicle is being repaired or evaluated.
| ||
As used in this paragraph 6, "test driving" occurs when |
a permitted user
who,
with the permission of the new | ||
vehicle dealer or an employee of the new vehicle
dealer, | ||
drives a vehicle owned and held for sale or lease by a new | ||
vehicle
dealer that the person is considering to purchase | ||
or lease, in order to
evaluate the performance, | ||
reliability, or condition of the
vehicle.
| ||
As used in this paragraph 6, "loaner purposes" means | ||
when a person who,
with the permission of the new vehicle | ||
dealer, drives a vehicle owned or held
for sale or lease by | ||
the new vehicle dealer while the
user's vehicle is being | ||
repaired or evaluated.
| ||
7. (A) An application for a new motor vehicle dealer's | ||
license shall be
accompanied by the following license fees:
| ||
(i) $1,000 for applicant's established place of | ||
business, and
$100 for each
additional place of | ||
business, if any, to which the application
pertains; | ||
but if the application is made after June 15 of any | ||
year, the license
fee shall be $500 for applicant's | ||
established place of business
plus
$50 for each | ||
additional place of business, if any, to which the
| ||
application pertains. License fees shall be returnable | ||
only in the event that
the application is denied by the | ||
Secretary of State.
All moneys received by the | ||
Secretary of State as license fees under this | ||
subparagraph (i) prior to applications for the 2004
| ||
licensing year
shall be
deposited into the Motor |
Vehicle Review Board Fund and shall
be used to | ||
administer the Motor Vehicle Review Board under the | ||
Motor Vehicle
Franchise Act. Of the money received by | ||
the Secretary of State as license
fees under this | ||
subparagraph (i) for the 2004
licensing year and
| ||
thereafter, 10% shall
be deposited into the Motor | ||
Vehicle Review Board Fund and shall be used to
| ||
administer the Motor Vehicle Review Board under the | ||
Motor Vehicle Franchise Act
and 90% shall be deposited | ||
into the General Revenue Fund.
| ||
(ii) Except as provided in subsection (h) of | ||
Section 5-102.7 of this Code, an Annual Dealer Recovery | ||
Fund Fee in the amount of $500 for the applicant's | ||
established place of business, and $50 for each | ||
additional place of business, if any, to which the | ||
application pertains; but if the application is made | ||
after June 15 of any year, the fee shall be $250 for | ||
the applicant's established place of business plus $25 | ||
for each additional place of business, if any, to which | ||
the application pertains. License fees shall be | ||
returnable only in the event that the application is | ||
denied by the Secretary of State. Moneys received under | ||
this subparagraph (ii) shall be deposited into the | ||
Dealer Recovery Trust Fund.
| ||
(B) An application for a new vehicle dealer's license, | ||
other than for
a new motor vehicle dealer's license, shall |
be accompanied by the following
license fees:
| ||
(i) $1,000 for applicant's established place of | ||
business, and
$50 for each
additional place of | ||
business, if any, to which the application pertains; | ||
but if
the application is made after June 15 of any | ||
year, the license fee shall be
$500
for applicant's | ||
established place of business plus $25 for each
| ||
additional
place of business, if any, to which the | ||
application pertains. License fees
shall be returnable | ||
only in the event that the application is denied by the
| ||
Secretary of State. Of the money received by the | ||
Secretary of State as
license fees under this | ||
subparagraph (i) for the 2004 licensing year and | ||
thereafter,
95% shall be deposited into the General | ||
Revenue Fund.
| ||
(ii) Except as provided in subsection (h) of | ||
Section 5-102.7 of this Code, an Annual Dealer Recovery | ||
Fund Fee in the amount of $500 for the applicant's | ||
established place of business, and $50 for each | ||
additional place of business, if any, to which the | ||
application pertains; but if the application is made | ||
after June 15 of any year, the fee shall be $250 for | ||
the applicant's established place of business plus $25 | ||
for each additional place of business, if any, to which | ||
the application pertains. License fees shall be | ||
returnable only in the event that the application is |
denied by the Secretary of State. Moneys received under | ||
this subparagraph (ii) shall be deposited into the | ||
Dealer Recovery Trust Fund.
| ||
8. A statement that the applicant's officers, | ||
directors,
shareholders having a 10% or greater ownership | ||
interest
therein, proprietor, a partner, member, officer, | ||
director, trustee, manager
or other principals in the | ||
business have not committed in the past 3
years any one | ||
violation as determined in any civil, criminal or
| ||
administrative proceedings of any one of the following | ||
Acts:
| ||
(A) The Anti Theft Laws of the Illinois Vehicle | ||
Code;
| ||
(B) The Certificate of Title Laws of the Illinois | ||
Vehicle Code;
| ||
(C) The Offenses against Registration and | ||
Certificates of Title
Laws of the Illinois Vehicle | ||
Code;
| ||
(D) The Dealers, Transporters, Wreckers and | ||
Rebuilders
Laws of the Illinois Vehicle Code;
| ||
(E) Section 21-2 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 , Criminal Trespass to
| ||
Vehicles; or
| ||
(F) The Retailers' Occupation Tax Act.
| ||
9. A statement that the applicant's officers, | ||
directors,
shareholders having a 10% or greater ownership |
interest
therein, proprietor, partner, member, officer, | ||
director, trustee, manager
or other principals in the | ||
business have not committed in any calendar year
3 or more | ||
violations, as determined in any civil, criminal or
| ||
administrative proceedings, of any one or more of the | ||
following Acts:
| ||
(A) The Consumer Finance Act;
| ||
(B) The Consumer Installment Loan Act;
| ||
(C) The Retail Installment Sales Act;
| ||
(D) The Motor Vehicle Retail Installment Sales | ||
Act;
| ||
(E) The Interest Act;
| ||
(F) The Illinois Wage Assignment Act;
| ||
(G) Part 8 of Article XII of the Code of Civil | ||
Procedure; or
| ||
(H) The Consumer Fraud Act.
| ||
10. A bond or certificate of deposit in the amount of | ||
$20,000 for
each location at which the applicant intends to | ||
act as a new vehicle
dealer. The bond shall be for the term | ||
of the license, or its renewal, for
which application is | ||
made, and shall expire not sooner than
December 31 of the | ||
year for which the license was issued or renewed. The bond
| ||
shall run to the People of the State of Illinois, with | ||
surety by a bonding or
insurance company authorized to do | ||
business in this State. It shall be
conditioned upon the | ||
proper transmittal of all title and registration fees and
|
taxes (excluding taxes under the Retailers' Occupation Tax | ||
Act) accepted by the
applicant as a new vehicle dealer.
| ||
11. Such other information concerning the business of | ||
the applicant as
the Secretary of State may by rule or | ||
regulation prescribe.
| ||
12. A statement that the applicant understands Chapter | ||
One through
Chapter Five of this Code.
| ||
(c) Any change which renders no longer accurate any | ||
information
contained in any application for a new vehicle | ||
dealer's license shall be
amended within 30 days after the | ||
occurrence of such change on such form
as the Secretary of | ||
State may prescribe by rule or regulation,
accompanied by an | ||
amendatory fee of $2.
| ||
(d) Anything in this Chapter 5 to the contrary | ||
notwithstanding no
person shall be licensed as a new vehicle | ||
dealer unless:
| ||
1. He is authorized by contract in writing between | ||
himself and the
manufacturer or franchised distributor of | ||
such make of vehicle to so
sell the same in this State, and
| ||
2. Such person shall maintain an established place of | ||
business as
defined in this Act.
| ||
(e) The Secretary of State shall, within a reasonable time | ||
after
receipt, examine an application submitted to him under | ||
this Section and
unless he makes a determination that the | ||
application submitted to him
does not conform with the | ||
requirements of this Section or that grounds
exist for a denial |
of the application, under Section 5-501 of this
Chapter, grant | ||
the applicant an original new vehicle dealer's license in
| ||
writing for his established place of business and a | ||
supplemental license
in writing for each additional place of | ||
business in such form as he may
prescribe by rule or regulation | ||
which shall include the following:
| ||
1. The name of the person licensed;
| ||
2. If a corporation, the name and address of its | ||
officers or if a
sole proprietorship, a partnership, an | ||
unincorporated association or any
similar form of business | ||
organization, the name and address of the
proprietor or of | ||
each partner, member, officer, director, trustee or
| ||
manager;
| ||
3. In the case of an original license, the established | ||
place of
business of the licensee;
| ||
4. In the case of a supplemental license, the | ||
established place of
business of the licensee and the | ||
additional place of business to which such
supplemental | ||
license pertains;
| ||
5. The make or makes of new vehicles which the licensee | ||
is licensed
to sell.
| ||
(f) The appropriate instrument evidencing the license or a | ||
certified
copy thereof, provided by the Secretary of State, | ||
shall be kept posted
conspicuously in the established place of | ||
business of the licensee and
in each additional place of | ||
business, if any, maintained by such
licensee.
|
(g) Except as provided in subsection (h) hereof, all new | ||
vehicle
dealer's licenses granted under this Section shall | ||
expire by operation
of law on December 31 of the calendar year | ||
for which they are granted
unless sooner revoked or cancelled | ||
under the provisions of Section 5-501
of this Chapter.
| ||
(h) A new vehicle dealer's license may be renewed upon | ||
application
and payment of the fee required herein, and | ||
submission of proof of
coverage under an approved bond under | ||
the "Retailers' Occupation Tax
Act" or proof that applicant is | ||
not subject to such bonding
requirements, as in the case of an | ||
original license, but in case an
application for the renewal of | ||
an effective license is made during the
month of December, the | ||
effective license shall remain in force until the
application | ||
is granted or denied by the Secretary of State.
| ||
(i) All persons licensed as a new vehicle dealer are | ||
required to
furnish each purchaser of a motor vehicle:
| ||
1. In the case of a new vehicle a manufacturer's | ||
statement of origin
and in the case of a used motor vehicle | ||
a certificate of title, in
either case properly assigned to | ||
the purchaser;
| ||
2. A statement verified under oath that all identifying | ||
numbers on
the vehicle agree with those on the certificate | ||
of title or
manufacturer's statement of origin;
| ||
3. A bill of sale properly executed on behalf of such | ||
person;
| ||
4. A copy of the Uniform Invoice-transaction reporting |
return
referred to in Section 5-402 hereof;
| ||
5. In the case of a rebuilt vehicle, a copy of the | ||
Disclosure of Rebuilt
Vehicle Status; and
| ||
6. In the case of a vehicle for which the warranty has | ||
been reinstated, a
copy of the warranty.
| ||
(j) Except at the time of sale or repossession of the | ||
vehicle, no person
licensed as a new vehicle dealer may issue | ||
any other person a newly created
key to a vehicle unless the | ||
new vehicle dealer makes a copy of the driver's
license or | ||
State identification card of the person requesting or obtaining | ||
the
newly created key. The new vehicle dealer must retain the | ||
copy for 30 days.
| ||
A new vehicle dealer who violates this subsection (j) is | ||
guilty of a
petty offense. Violation of this subsection (j) is | ||
not cause to suspend,
revoke,
cancel, or deny renewal of the | ||
new vehicle dealer's license.
| ||
This amendatory Act of 1983 shall be applicable to the 1984 | ||
registration
year and thereafter.
| ||
(Source: P.A. 97-480, eff. 10-1-11.)
| ||
(625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
| ||
Sec. 5-102. Used vehicle dealers must be licensed.
| ||
(a) No person, other than a licensed new vehicle dealer, | ||
shall engage in
the business of selling or dealing in, on | ||
consignment or otherwise, 5 or
more used vehicles of any make | ||
during the year (except house trailers as
authorized by |
paragraph (j) of this Section and rebuilt salvage vehicles
sold | ||
by their rebuilders to persons licensed under this Chapter), or | ||
act as
an intermediary, agent or broker for any licensed dealer | ||
or vehicle
purchaser (other than as a salesperson) or represent | ||
or advertise that he
is so engaged or intends to so engage in | ||
such business unless licensed to
do so by the Secretary of | ||
State under the provisions of this Section.
| ||
(b) An application for a used vehicle dealer's license | ||
shall be
filed with the Secretary of State, duly verified by | ||
oath, in such form
as the Secretary of State may by rule or | ||
regulation prescribe and shall
contain:
| ||
1. The name and type of business organization | ||
established and additional
places of business, if any, in | ||
this State.
| ||
2. If the applicant is a corporation, a list of its | ||
officers,
directors, and shareholders having a ten percent | ||
or greater ownership
interest in the corporation, setting | ||
forth the residence address of
each; if the applicant is a | ||
sole proprietorship, a partnership, an
unincorporated | ||
association, a trust, or any similar form of business
| ||
organization, the names and residence address of the | ||
proprietor or of
each partner, member, officer, director, | ||
trustee or manager.
| ||
3. A statement that the applicant has been approved for | ||
registration
under the Retailers' Occupation Tax Act by the | ||
Department of Revenue. However,
this requirement does not |
apply to a dealer who is already licensed
hereunder with | ||
the Secretary of State, and who is merely applying for a
| ||
renewal of his license. As evidence of this fact, the | ||
application shall be
accompanied by a certification from | ||
the Department of Revenue showing that
the Department has | ||
approved the applicant for registration under the
| ||
Retailers' Occupation Tax Act.
| ||
4. A statement that the applicant has complied with the | ||
appropriate
liability insurance requirement. A Certificate | ||
of Insurance in a solvent
company authorized to do business | ||
in the State of Illinois shall be included
with each | ||
application covering each location at which he proposes to | ||
act
as a used vehicle dealer. The policy must provide | ||
liability coverage in
the minimum amounts of $100,000 for | ||
bodily injury to, or death of, any person,
$300,000 for | ||
bodily injury to, or death of, two or more persons in any | ||
one
accident, and $50,000 for damage to property. Such | ||
policy shall expire
not sooner than December 31 of the year | ||
for which the license was issued
or renewed. The expiration | ||
of the insurance policy shall not terminate
the liability | ||
under the policy arising during the period for which the | ||
policy
was filed. Trailer and mobile home dealers are | ||
exempt from this requirement.
| ||
If the permitted user has a liability insurance policy | ||
that provides
automobile
liability insurance coverage of | ||
at least $100,000 for bodily injury to or the
death of any
|
person, $300,000 for bodily injury to or the death of any 2 | ||
or more persons in
any one
accident, and $50,000 for damage | ||
to property,
then the permitted user's insurer shall be the | ||
primary
insurer and the
dealer's insurer shall be the | ||
secondary insurer. If the permitted user does not
have a | ||
liability
insurance policy that provides automobile | ||
liability insurance coverage of at
least
$100,000 for | ||
bodily injury to or the death of any person, $300,000 for | ||
bodily
injury to or
the death of any 2 or more persons in | ||
any one accident, and $50,000 for damage
to
property, or | ||
does not have any insurance at all,
then the
dealer's
| ||
insurer shall be the primary insurer and the permitted | ||
user's insurer shall be
the secondary
insurer.
| ||
When a permitted user is "test driving" a used vehicle | ||
dealer's automobile,
the used vehicle dealer's insurance | ||
shall be primary and the permitted user's
insurance shall | ||
be secondary.
| ||
As used in this paragraph 4, a "permitted user" is a | ||
person who, with the
permission of the used vehicle dealer | ||
or an employee of the used vehicle
dealer, drives a vehicle | ||
owned and held for sale or lease by the used vehicle
dealer | ||
which the person is considering to purchase or lease, in | ||
order to
evaluate the performance, reliability, or | ||
condition of the vehicle.
The term "permitted user" also | ||
includes a person who, with the permission of
the used
| ||
vehicle dealer, drives a vehicle owned or held for sale or |
lease by the used
vehicle dealer
for loaner purposes while | ||
the user's vehicle is being repaired or evaluated.
| ||
As used in this paragraph 4, "test driving" occurs when | ||
a permitted user
who,
with the permission of the used | ||
vehicle dealer or an employee of the used
vehicle
dealer, | ||
drives a vehicle owned and held for sale or lease by a used | ||
vehicle
dealer that the person is considering to purchase | ||
or lease, in order to
evaluate the performance, | ||
reliability, or condition of the
vehicle.
| ||
As used in this paragraph 4, "loaner purposes" means | ||
when a person who,
with the permission of the used vehicle | ||
dealer, drives a vehicle owned or held
for sale or lease by | ||
the used vehicle dealer while the
user's vehicle is being | ||
repaired or evaluated.
| ||
5. An application for a used vehicle dealer's license | ||
shall be
accompanied by the following license fees:
| ||
(A) $1,000 for applicant's established place of | ||
business, and
$50 for
each additional place of | ||
business, if any, to which the application
pertains; | ||
however, if the application is made after June 15 of | ||
any
year, the license fee shall be $500 for applicant's | ||
established
place of
business plus $25 for each | ||
additional place of business, if any,
to
which the | ||
application pertains. License fees shall be returnable | ||
only in
the event that the application is denied by
the | ||
Secretary of State. Of the money received by the |
Secretary of State as
license fees under this | ||
subparagraph (A) for the 2004 licensing year and | ||
thereafter, 95%
shall be deposited into the General | ||
Revenue Fund.
| ||
(B) Except as provided in subsection (h) of Section | ||
5-102.7 of this Code, an Annual Dealer Recovery Fund | ||
Fee in the amount of $500 for the applicant's | ||
established place of business, and $50 for each | ||
additional place of business, if any, to which the | ||
application pertains; but if the application is made | ||
after June 15 of any year, the fee shall be $250 for | ||
the applicant's established place of business plus $25 | ||
for each additional place of business, if any, to which | ||
the application pertains. License fees shall be | ||
returnable only in the event that the application is | ||
denied by the Secretary of State. Moneys received under | ||
this subparagraph (B) shall be deposited into the | ||
Dealer Recovery Trust Fund.
| ||
6. A statement that the applicant's officers, | ||
directors, shareholders
having a 10% or greater ownership | ||
interest therein, proprietor, partner,
member, officer, | ||
director, trustee, manager or other principals in the
| ||
business have not committed in the past 3 years any one | ||
violation as
determined in any civil, criminal or | ||
administrative proceedings of any one
of the following | ||
Acts:
|
(A) The Anti Theft Laws of the Illinois Vehicle | ||
Code;
| ||
(B) The Certificate of Title Laws of the Illinois | ||
Vehicle Code;
| ||
(C) The Offenses against Registration and | ||
Certificates of Title
Laws of the Illinois Vehicle | ||
Code;
| ||
(D) The Dealers, Transporters, Wreckers and | ||
Rebuilders Laws of the
Illinois Vehicle Code;
| ||
(E) Section 21-2 of the Illinois Criminal Code of | ||
1961 or the Criminal Code of 2012 , Criminal
Trespass to | ||
Vehicles; or
| ||
(F) The Retailers' Occupation Tax Act.
| ||
7. A statement that the applicant's officers, | ||
directors,
shareholders having a 10% or greater ownership | ||
interest therein,
proprietor, partner, member, officer, | ||
director, trustee, manager or
other principals in the | ||
business have not committed in any calendar year
3 or more | ||
violations, as determined in any civil or criminal or
| ||
administrative proceedings, of any one or more of the | ||
following Acts:
| ||
(A) The Consumer Finance Act;
| ||
(B) The Consumer Installment Loan Act;
| ||
(C) The Retail Installment Sales Act;
| ||
(D) The Motor Vehicle Retail Installment Sales | ||
Act;
|
(E) The Interest Act;
| ||
(F) The Illinois Wage Assignment Act;
| ||
(G) Part 8 of Article XII of the Code of Civil | ||
Procedure; or
| ||
(H) The Consumer Fraud Act.
| ||
8. A bond or Certificate of Deposit in the amount of | ||
$20,000 for
each location at which the applicant intends to | ||
act as a used vehicle
dealer. The bond shall be for the | ||
term of the license, or its renewal, for
which application | ||
is made, and shall expire not sooner than December 31 of
| ||
the year for which the license was issued or renewed. The | ||
bond shall run
to the People of the State of Illinois, with | ||
surety by a bonding or
insurance company authorized to do | ||
business in this State. It shall be
conditioned upon the | ||
proper transmittal of all title and registration fees
and | ||
taxes (excluding taxes under the Retailers' Occupation Tax | ||
Act) accepted
by the applicant as a used vehicle dealer.
| ||
9. Such other information concerning the business of | ||
the applicant as
the Secretary of State may by rule or | ||
regulation prescribe.
| ||
10. A statement that the applicant understands Chapter | ||
1 through
Chapter 5 of this Code.
| ||
11. A copy of the certification from the prelicensing | ||
education
program. | ||
(c) Any change which renders no longer accurate any | ||
information
contained in any application for a used vehicle |
dealer's license shall
be amended within 30 days after the | ||
occurrence of each change on such
form as the Secretary of | ||
State may prescribe by rule or regulation,
accompanied by an | ||
amendatory fee of $2.
| ||
(d) Anything in this Chapter to the contrary | ||
notwithstanding, no
person shall be licensed as a used vehicle | ||
dealer unless such person
maintains an established place of | ||
business as
defined in this Chapter.
| ||
(e) The Secretary of State shall, within a reasonable time | ||
after
receipt, examine an application submitted to him under | ||
this Section.
Unless the Secretary makes a determination that | ||
the application
submitted to him does not conform to this | ||
Section or that grounds exist
for a denial of the application | ||
under Section 5-501 of this Chapter, he
must grant the | ||
applicant an original used vehicle dealer's license in
writing | ||
for his established place of business and a supplemental | ||
license
in writing for each additional place of business in | ||
such form as he may
prescribe by rule or regulation which shall | ||
include the following:
| ||
1. The name of the person licensed;
| ||
2. If a corporation, the name and address of its | ||
officers or if a
sole proprietorship, a partnership, an | ||
unincorporated association or any
similar form of business | ||
organization, the name and address of the
proprietor or of | ||
each partner, member, officer, director, trustee or
| ||
manager;
|
3. In case of an original license, the established | ||
place of business
of the licensee;
| ||
4. In the case of a supplemental license, the | ||
established place of
business of the licensee and the | ||
additional place of business to which such
supplemental | ||
license pertains.
| ||
(f) The appropriate instrument evidencing the license or a | ||
certified
copy thereof, provided by the Secretary of State | ||
shall be kept posted,
conspicuously, in the established place | ||
of business of the licensee and
in each additional place of | ||
business, if any, maintained by such
licensee.
| ||
(g) Except as provided in subsection (h) of this Section, | ||
all used
vehicle dealer's licenses granted under this Section | ||
expire by operation
of law on December 31 of the calendar year | ||
for which they are granted
unless sooner revoked or cancelled | ||
under Section 5-501 of this Chapter.
| ||
(h) A used vehicle dealer's license may be renewed upon | ||
application
and payment of the fee required herein, and | ||
submission of proof of
coverage by an approved bond under the | ||
"Retailers' Occupation Tax Act"
or proof that applicant is not | ||
subject to such bonding requirements, as
in the case of an | ||
original license, but in case an application for the
renewal of | ||
an effective license is made during the month of December,
the | ||
effective license shall remain in force until the application | ||
for
renewal is granted or denied by the Secretary of State.
| ||
(i) All persons licensed as a used vehicle dealer are |
required to
furnish each purchaser of a motor vehicle:
| ||
1. A certificate of title properly assigned to the | ||
purchaser;
| ||
2. A statement verified under oath that all identifying | ||
numbers on
the vehicle agree with those on the certificate | ||
of title;
| ||
3. A bill of sale properly executed on behalf of such | ||
person;
| ||
4. A copy of the Uniform Invoice-transaction reporting | ||
return
referred to in Section 5-402 of this Chapter;
| ||
5. In the case of a rebuilt vehicle, a copy of the | ||
Disclosure of Rebuilt
Vehicle Status; and
| ||
6. In the case of a vehicle for which the warranty has | ||
been reinstated, a
copy of the warranty.
| ||
(j) A real estate broker holding a valid certificate of | ||
registration issued
pursuant to "The Real Estate Brokers and | ||
Salesmen License Act" may engage
in the business of selling or | ||
dealing in house trailers not his own without
being licensed as | ||
a used vehicle dealer under this Section; however such
broker | ||
shall maintain a record of the transaction including the | ||
following:
| ||
(1) the name and address of the buyer and seller,
| ||
(2) the date of sale,
| ||
(3) a description of the mobile home, including the | ||
vehicle identification
number, make, model, and year, and
| ||
(4) the Illinois certificate of title number.
|
The foregoing records shall be available for inspection by | ||
any officer
of the Secretary of State's Office at any | ||
reasonable hour.
| ||
(k) Except at the time of sale or repossession of the | ||
vehicle, no
person licensed as a used vehicle dealer may issue | ||
any other person a newly
created key to a vehicle unless the | ||
used vehicle dealer makes a copy of the
driver's license or | ||
State identification card of the person requesting or
obtaining | ||
the newly created key. The used vehicle dealer must retain the
| ||
copy for 30 days.
| ||
A used vehicle dealer who violates this subsection (k) is | ||
guilty of a
petty offense. Violation of this subsection (k) is | ||
not cause to suspend,
revoke, cancel, or deny renewal of the | ||
used vehicle dealer's license. | ||
(l) Used vehicle dealers licensed under this Section shall | ||
provide the Secretary of State a register for the sale at | ||
auction of each salvage or junk certificate vehicle. Each | ||
register shall include the following information: | ||
1. The year, make, model, style and color of the | ||
vehicle; | ||
2. The vehicle's manufacturer's identification number | ||
or, if applicable, the Secretary of State or Illinois | ||
Department of State Police identification number; | ||
3. The date of acquisition of the vehicle; | ||
4. The name and address of the person from whom the | ||
vehicle was acquired; |
5. The name and address of the person to whom any | ||
vehicle was disposed, the person's Illinois license number | ||
or if the person is an out-of-state salvage vehicle buyer, | ||
the license number from the state or jurisdiction where the | ||
buyer is licensed; and | ||
6. The purchase price of the vehicle. | ||
The register shall be submitted to the Secretary of State | ||
via written or electronic means within 10 calendar days from | ||
the date of the auction.
| ||
(Source: P.A. 96-678, eff. 8-25-09; 97-480, eff. 10-1-11.)
| ||
(625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
| ||
Sec. 5-301. Automotive parts recyclers, scrap processors, | ||
repairers and
rebuilders must be licensed. | ||
(a) No person in this State shall, except as an incident to
| ||
the servicing of vehicles, carry on or conduct the business
of | ||
a automotive parts recyclers, a scrap processor, a repairer,
or | ||
a rebuilder, unless licensed to do so in writing by the | ||
Secretary of
State under this Section. No person shall rebuild | ||
a salvage vehicle
unless such person is licensed as a rebuilder | ||
by the Secretary of State
under this Section. No person shall | ||
engage in the business of acquiring 5 or more previously owned | ||
vehicles in one calendar year for the primary purpose of | ||
disposing of those vehicles in the manner described in the | ||
definition of a "scrap processor" in this Code unless the | ||
person is licensed as an automotive parts recycler by the |
Secretary of State under this Section. Each license shall be | ||
applied for and issued
separately, except that a license issued | ||
to a new vehicle dealer under
Section 5-101 of this Code shall | ||
also be deemed to be a repairer license.
| ||
(b) Any application filed with the Secretary of State, | ||
shall be duly
verified by oath, in such form as the Secretary | ||
of State may by rule or
regulation prescribe and shall contain:
| ||
1. The name and type of business organization of the | ||
applicant and
his principal or additional places of | ||
business, if any, in this State.
| ||
2. The kind or kinds of business enumerated in | ||
subsection (a) of
this Section to be conducted at each | ||
location.
| ||
3. If the applicant is a corporation, a list of its | ||
officers,
directors, and shareholders having a ten percent | ||
or greater ownership
interest in the corporation, setting | ||
forth the residence address of each;
if the applicant is a | ||
sole proprietorship, a partnership, an unincorporated
| ||
association, a trust, or any similar form of business | ||
organization, the
names and residence address of the | ||
proprietor or of each partner, member,
officer, director, | ||
trustee or manager.
| ||
4. A statement that the applicant's officers, | ||
directors, shareholders
having a ten percent or greater | ||
ownership interest therein, proprietor,
partner, member, | ||
officer, director, trustee, manager, or other principals
|
in the business have not committed in the past three years | ||
any one
violation as determined in any civil or criminal or | ||
administrative
proceedings of any one of the following | ||
Acts:
| ||
(a) The Anti Theft Laws of the Illinois Vehicle | ||
Code;
| ||
(b) The "Certificate of Title Laws" of the Illinois | ||
Vehicle Code;
| ||
(c) The "Offenses against Registration and | ||
Certificates of Title Laws"
of the Illinois Vehicle | ||
Code;
| ||
(d) The "Dealers, Transporters, Wreckers and | ||
Rebuilders Laws" of the
Illinois Vehicle Code;
| ||
(e) Section 21-2 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 , Criminal Trespass to
| ||
Vehicles; or
| ||
(f) The Retailers Occupation Tax Act.
| ||
5. A statement that the applicant's officers, | ||
directors, shareholders
having a ten percent or greater | ||
ownership interest therein, proprietor,
partner, member, | ||
officer, director, trustee, manager or other principals
in | ||
the business have not committed in any calendar year 3 or | ||
more
violations, as determined in any civil or criminal or | ||
administrative
proceedings, of any one or more of the | ||
following Acts:
| ||
(a) The Consumer Finance Act;
|
(b) The Consumer Installment Loan Act;
| ||
(c) The Retail Installment Sales Act;
| ||
(d) The Motor Vehicle Retail Installment Sales | ||
Act;
| ||
(e) The Interest Act;
| ||
(f) The Illinois Wage Assignment Act;
| ||
(g) Part 8 of Article XII of the Code of Civil | ||
Procedure; or
| ||
(h) The Consumer Fraud Act.
| ||
6. An application for a license shall be accompanied by | ||
the
following fees:
$50 for applicant's established place | ||
of business;
$25 for each
additional place of business, if | ||
any, to which the application pertains;
provided, however, | ||
that if such an application is made after June 15 of
any | ||
year, the license fee shall be $25 for applicant's | ||
established
place
of business plus $12.50 for each | ||
additional place of business, if
any,
to which the | ||
application pertains. License fees shall be returnable | ||
only
in the event that such application shall be denied by | ||
the Secretary of
State.
| ||
7. A statement that the applicant understands Chapter 1 | ||
through
Chapter 5 of this Code.
| ||
8. A statement that the applicant shall comply with
| ||
subsection (e)
of this Section.
| ||
(c) Any change which renders no longer accurate any | ||
information
contained in any application for a license filed |
with the Secretary of
State shall be amended within 30 days | ||
after the occurrence of such
change on such form as the | ||
Secretary of State may prescribe by rule or
regulation, | ||
accompanied by an amendatory fee of $2.
| ||
(d) Anything in this chapter to the contrary, | ||
notwithstanding, no
person shall be licensed under this Section | ||
unless such person shall
maintain an established place of | ||
business as defined in this Chapter.
| ||
(e) The Secretary of State shall within a reasonable time | ||
after
receipt thereof, examine an application submitted to him | ||
under this
Section and unless he makes a determination that the | ||
application
submitted to him does not conform with the | ||
requirements of this Section
or that grounds exist for a denial | ||
of the application, as prescribed in
Section 5-501 of this | ||
Chapter, grant the applicant an original license
as applied for | ||
in writing for his established place of business and a
| ||
supplemental license in writing for each additional place of
| ||
business in such form as he may prescribe by rule or regulation | ||
which shall
include the following:
| ||
1. The name of the person licensed;
| ||
2. If a corporation, the name and address of its | ||
officers or if a
sole proprietorship, a partnership, an | ||
unincorporated association or any
similar form of business | ||
organization, the name and address of the
proprietor or of | ||
each partner, member, officer, director, trustee or | ||
manager;
|
3. A designation of the kind or kinds of business | ||
enumerated in
subsection (a) of this Section to be | ||
conducted at each location;
| ||
4. In the case of an original license, the established | ||
place of
business of the licensee;
| ||
5. In the case of a supplemental license, the | ||
established place of
business of the licensee and the | ||
additional place of business to which such
supplemental | ||
license pertains.
| ||
(f) The appropriate instrument evidencing the license or a | ||
certified
copy thereof, provided by the Secretary of State | ||
shall be kept, posted,
conspicuously in the established place | ||
of business of the
licensee and in each additional place of | ||
business, if any, maintained by
such licensee. The licensee | ||
also shall post conspicuously in the
established place of | ||
business and in each additional place of business a
notice | ||
which states that such business is required to be licensed by | ||
the
Secretary of State under Section 5-301, and which provides | ||
the license
number of the business and the license expiration | ||
date. This notice also
shall advise the consumer that any | ||
complaints as to the quality of service
may be brought to the | ||
attention of the Attorney General. The information
required on | ||
this notice also shall be printed conspicuously on all
| ||
estimates and receipts for work by the licensee subject to this | ||
Section.
The Secretary of State shall prescribe the specific | ||
format of this notice.
|
(g) Except as provided in subsection (h) hereof, licenses | ||
granted
under this Section shall expire by operation of law on | ||
December 31 of
the calendar year for which they are granted | ||
unless sooner revoked or
cancelled under the provisions of | ||
Section 5-501 of this Chapter.
| ||
(h) Any license granted under this Section may be renewed | ||
upon
application and payment of the fee required herein as in | ||
the case of an
original license, provided, however, that in | ||
case an application for the
renewal of an effective license is | ||
made during the month of December,
such effective license shall | ||
remain in force until such application is
granted or denied by | ||
the Secretary of State.
| ||
(i) All automotive
repairers and
rebuilders shall, in | ||
addition to the requirements of subsections (a)
through
(h) of | ||
this Section, meet the following licensing requirements:
| ||
1. Provide proof that the property on which first time
| ||
applicants plan to
do business is in compliance with local | ||
zoning laws and regulations, and
a listing of zoning | ||
classification;
| ||
2. Provide proof that the applicant for a repairer's
| ||
license complies
with the proper workers' compensation | ||
rate code or classification, and
listing the code of | ||
classification for that industry;
| ||
3. Provide proof that the applicant for a rebuilder's
| ||
license complies
with the proper workers' compensation | ||
rate code or classification for the
repair industry or the |
auto parts recycling industry and listing the code
of | ||
classification;
| ||
4. Provide proof that the applicant has obtained or
| ||
applied for a
hazardous waste generator number, and listing | ||
the actual number if
available or certificate of exemption;
| ||
5. Provide proof that applicant has proper liability
| ||
insurance, and
listing the name of the insurer and the | ||
policy number; and
| ||
6. Provide proof that the applicant has obtained or
| ||
applied for the proper
State sales tax classification and | ||
federal identification tax number, and
listing the actual | ||
numbers if available.
| ||
(i-1) All automotive repairers shall provide proof that | ||
they comply with all requirements of the Automotive Collision | ||
Repair Act.
| ||
(j) All automotive
parts
recyclers shall, in addition to | ||
the requirements of subsections (a) through
(h) of this | ||
Section, meet the following licensing requirements:
| ||
1. A statement that the applicant purchases 5 vehicles
| ||
per year or has 5
hulks or chassis in stock;
| ||
2. Provide proof that the property on which all first
| ||
time applicants will
do business does comply to the proper | ||
local zoning laws in existence, and
a listing of zoning | ||
classifications;
| ||
3. Provide proof that applicant complies with the
| ||
proper workers'
compensation rate code or classification, |
and listing the code of
classification; and
| ||
4. Provide proof that applicant has obtained or
applied | ||
for the proper
State sales tax classification and federal | ||
identification tax number, and
listing the actual numbers | ||
if available.
| ||
(Source: P.A. 97-832, eff. 7-20-12.)
| ||
(625 ILCS 5/5-501) (from Ch. 95 1/2, par. 5-501)
| ||
Sec. 5-501. Denial, suspension or revocation or | ||
cancellation of a license. | ||
(a) The license of a person issued under this Chapter may | ||
be denied,
revoked or suspended if the Secretary of State finds | ||
that the applicant,
or the officer, director, shareholder | ||
having a ten percent or
greater ownership interest in the | ||
corporation, owner, partner, trustee,
manager, employee or the | ||
licensee
has:
| ||
1. Violated this Act;
| ||
2. Made any material misrepresentation to the | ||
Secretary of State in
connection with an application for a | ||
license, junking certificate,
salvage certificate, title | ||
or registration;
| ||
3. Committed a fraudulent act in connection with | ||
selling,
bartering, exchanging, offering for sale or | ||
otherwise dealing in
vehicles, chassis, essential parts, | ||
or vehicle shells;
| ||
4. As a new vehicle dealer has no contract with a |
manufacturer or
enfranchised distributor to sell that new | ||
vehicle in this State;
| ||
5. Not maintained an established place of business as | ||
defined in
this Code;
| ||
6. Failed to file or produce for the Secretary of State | ||
any
application, report, document or other pertinent | ||
books, records,
documents, letters, contracts, required to | ||
be filed or produced under
this Code or any rule or | ||
regulation made by the Secretary of State
pursuant to this | ||
Code;
| ||
7. Previously had, within 3 years, such a license | ||
denied, suspended,
revoked, or cancelled under the | ||
provisions of subsection (c)(2)
of this Section;
| ||
8. Has committed in any calendar year 3 or more | ||
violations, as
determined in any civil or criminal | ||
proceeding, of any one or more of
the following Acts:
| ||
a. the "Consumer Finance Act";
| ||
b. the "Consumer Installment Loan Act";
| ||
c. the "Retail Installment Sales Act";
| ||
d. the "Motor Vehicle Retail Installment Sales | ||
Act";
| ||
e. "An Act in relation to the rate of interest and | ||
other charges in
connection with sales on credit and | ||
the lending of money", approved May
24, 1879, as | ||
amended;
| ||
f. "An Act to promote the welfare of wage-earners |
by regulating the
assignment of wages, and prescribing | ||
a penalty for the violation
thereof", approved July 1, | ||
1935, as amended;
| ||
g. Part 8 of Article XII of the Code of Civil | ||
Procedure; or
| ||
h. the "Consumer Fraud Act";
| ||
9. Failed to pay any fees or taxes due under this Act, | ||
or has
failed to transmit any fees or taxes received by him | ||
for transmittal by
him to the Secretary of State or the | ||
State of Illinois;
| ||
10. Converted an abandoned vehicle;
| ||
11. Used a vehicle identification plate or number | ||
assigned to a
vehicle other than the one to which | ||
originally assigned;
| ||
12. Violated the provisions of Chapter 5 of this Act, | ||
as amended;
| ||
13. Violated the provisions of Chapter 4 of this Act, | ||
as amended;
| ||
14. Violated the provisions of Chapter 3 of this Act, | ||
as amended;
| ||
15. Violated Section 21-2 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012 , Criminal Trespass
to | ||
Vehicles;
| ||
16. Made or concealed a material fact in connection | ||
with his application
for a license;
| ||
17. Acted in the capacity of a person licensed or acted |
as a licensee
under this Chapter without having a license | ||
therefor;
| ||
18. Failed to pay, within 90 days after a final | ||
judgment, any fines
assessed against the licensee pursuant | ||
to an action brought under Section 5-404;
| ||
19. Failed to pay the Dealer Recovery Trust Fund fee | ||
under Section 5-102.7 of this Code; | ||
20. Failed to pay, within 90 days after notice has been | ||
given, any fine or fee owed as a result of an | ||
administrative citation issued by the Secretary under this | ||
Code. | ||
(b) In addition to other grounds specified in this Chapter, | ||
the
Secretary of State, on complaint of the Department of | ||
Revenue, shall
refuse the issuance or renewal of a license, or | ||
suspend or revoke such
license, for any of the following | ||
violations of the "Retailers'
Occupation Tax Act":
| ||
1. Failure to make a tax return;
| ||
2. The filing of a fraudulent return;
| ||
3. Failure to pay all or part of any tax or penalty | ||
finally
determined to be due;
| ||
4. Failure to comply with the bonding requirements of | ||
the
"Retailers' Occupation Tax Act".
| ||
(b-1) In addition to other grounds specified in this | ||
Chapter, the
Secretary of State, on complaint of the Motor | ||
Vehicle Review Board, shall
refuse the issuance or renewal of a | ||
license, or suspend or revoke that
license, if costs or fees |
assessed under Section 29 or Section 30 of the Motor Vehicle | ||
Franchise Act have remained unpaid for a period in excess of 90 | ||
days after the licensee received from the Motor Vehicle Board a | ||
second notice and demand for the costs or fees. The Motor | ||
Vehicle Review Board must send the licensee written notice and | ||
demand for payment of the fees or costs at least 2 times, and | ||
the second notice and demand must be sent by certified mail.
| ||
(c) Cancellation of a license.
| ||
1. The license of a person issued under this Chapter | ||
may be cancelled
by the Secretary of State prior to its | ||
expiration in any of the following
situations:
| ||
A. When a license is voluntarily surrendered, by | ||
the licensed person;
or
| ||
B. If the business enterprise is a sole | ||
proprietorship, which is not a
franchised dealership, | ||
when the sole proprietor dies or is imprisoned for
any | ||
period of time exceeding 30 days; or
| ||
C. If the license was issued to the wrong person or | ||
corporation, or
contains an error on its face. If any | ||
person above whose license
has been cancelled wishes to | ||
apply for another license, whether during the
same | ||
license year or any other year, that person shall be | ||
treated as any
other new applicant and the cancellation | ||
of the person's prior license
shall not, in and of | ||
itself, be a bar to the issuance of a new license.
| ||
2. The license of a person issued under this Chapter |
may be cancelled
without a hearing when the Secretary of | ||
State is notified that the
applicant, or any officer, | ||
director, shareholder having a 10 per cent or
greater | ||
ownership interest in the corporation, owner, partner, | ||
trustee,
manager, employee or member of the applicant or | ||
the licensee has been
convicted of any felony involving the | ||
selling, bartering, exchanging,
offering for sale, or | ||
otherwise dealing in vehicles, chassis, essential
parts, | ||
vehicle shells, or ownership documents relating to any of | ||
the
above items.
| ||
(Source: P.A. 97-480, eff. 10-1-11; 97-838, eff. 7-20-12.)
| ||
(625 ILCS 5/6-101) (from Ch. 95 1/2, par. 6-101)
| ||
Sec. 6-101. Drivers must have licenses or permits.
| ||
(a) No person, except those expressly exempted by Section | ||
6-102, shall
drive any motor vehicle upon a highway in this | ||
State unless such person has
a valid license or permit, or a | ||
restricted driving permit, issued under the
provisions of this | ||
Act.
| ||
(b) No person shall drive a motor vehicle unless he holds a | ||
valid
license or permit, or a restricted driving permit issued | ||
under the
provisions of Section 6-205, 6-206, or 6-113 of this | ||
Act. Any person to
whom a license is issued under the | ||
provisions of this Act must surrender to
the Secretary of State | ||
all valid licenses or permits. No drivers license or | ||
instruction permit
shall be issued to any person who holds a |
valid Foreign State license,
identification card, or permit
| ||
unless such person first surrenders to the Secretary of State | ||
any such
valid Foreign State license,
identification card, or | ||
permit.
| ||
(b-5) Any person who commits a violation of subsection (a) | ||
or (b) of this Section is guilty of a Class A misdemeanor, if | ||
at the time of the violation the person's driver's license or | ||
permit was cancelled under clause (a)9 of Section 6-201 of this | ||
Code.
| ||
(c) Any person licensed as a driver hereunder shall not be | ||
required by
any city, village, incorporated town or other | ||
municipal corporation to
obtain any other license to exercise | ||
the privilege thereby granted.
| ||
(d) In addition to other penalties imposed under this | ||
Section, any person
in violation of this Section who is also in | ||
violation of Section 7-601 of this
Code relating to mandatory | ||
insurance requirements shall have his or her motor
vehicle | ||
immediately impounded by the arresting law enforcement | ||
officer. The
motor vehicle may be released to any licensed | ||
driver upon a showing of proof of
insurance for the motor | ||
vehicle that was impounded and the notarized written
consent | ||
for the release by the vehicle owner.
| ||
(e) In addition to other penalties imposed under this | ||
Section, the
vehicle
of any person
in violation of this Section | ||
who is also in violation of Section 7-601 of this
Code relating | ||
to mandatory insurance requirements and who, in violating this
|
Section, has caused death or personal injury to another person | ||
is subject to
forfeiture under
Sections 36-1 and 36-2 of the | ||
Criminal Code of 2012 1961 .
For the purposes of this Section, a | ||
personal injury shall include
any type A injury as indicated on | ||
the traffic accident report completed
by a law enforcement | ||
officer that requires immediate professional attention
in | ||
either a doctor's office or a medical facility. A type A injury | ||
shall
include severely bleeding wounds, distorted extremities, | ||
and injuries that
require the injured party to be carried from | ||
the scene.
| ||
(Source: P.A. 97-229, eff. 7-28-11.)
| ||
(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 3 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 3
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, a licensed physician | ||
assistant who has been delegated the performance of medical | ||
examinations by his or her supervising physician, or a | ||
licensed advanced practice nurse who has a written | ||
collaborative agreement with a collaborating physician | ||
which authorizes him or her to perform medical | ||
examinations, 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, 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, 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 or a similar out of state offense;
| ||
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;
| ||
14.5. To any person certified by the Illinois | ||
Department of Healthcare and Family Services as being 90 | ||
days or more delinquent in payment of support under an | ||
order of support entered by a court or administrative body | ||
of this or any other State, subject to the requirements and | ||
procedures of Article VII of Chapter 7 of this Code | ||
regarding those certifications;
| ||
15. To any person released from a term of imprisonment | ||
for violating
Section 9-3 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, 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;
| ||
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;
| ||
17. 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; or
| ||
18. To any person who has been adjudicated under the | ||
Juvenile Court Act of 1987 based upon an offense that is | ||
determined by the court to have been committed in | ||
furtherance of the criminal activities of an organized | ||
gang, as provided in Section 5-710 of that Act, and that | ||
involved the operation or use of a motor vehicle or the use | ||
of a driver's license or permit. The person shall be denied | ||
a license or permit for the period determined by the court.
| ||
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. 96-607, eff. 8-24-09; 96-740, eff. 1-1-10; | ||
96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 97-185, eff. | ||
7-22-11.)
| ||
(625 ILCS 5/6-106.1)
| ||
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 under an order of court supervision | ||
for or 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 under an order of court supervision | ||
for or convicted of reckless driving, aggravated reckless |
driving, driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or | ||
any combination thereof, 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 8-1.2, 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, | ||
10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, | ||
11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, | ||
11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, | ||
11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, | ||
11-19.1,
11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, | ||
11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, | ||
12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
| ||
12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.01, 12-6, 12-6.2, | ||
12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, | ||
12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, | ||
12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
| ||
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, | ||
20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, | ||
24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1, | ||
31A-1.1,
33A-2, and 33D-1, and in subsection (b) of Section | ||
8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1), | ||
(e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and |
in subsection (a) and subsection (b), clause (1), of | ||
Section
12-4, and in subsection (A), clauses (a) and (b), | ||
of Section 24-3, and those offenses contained in Article | ||
29D of the Criminal Code of 1961 or the Criminal Code of | ||
2012 ; (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) 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)
| ||
the offenses defined in Section 4.1 and 5.1 of the Wrongs | ||
to Children Act or Section 11-9.1A of the Criminal Code of | ||
1961 or the Criminal Code of 2012 ; (vii) those offenses | ||
defined in Section 6-16 of the Liquor Control Act of
1934;
| ||
and (viii) those offenses defined in the Methamphetamine | ||
Precursor Control Act;
| ||
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;
| ||
14. not have, within the last 5 years, been adjudged to | ||
be
afflicted with or suffering from any mental disability | ||
or disease; and
| ||
15. consent, in writing, to the release of results of | ||
reasonable suspicion drug and alcohol testing under | ||
Section 6-106.1c of this Code by the employer of the | ||
applicant to the Secretary of State. | ||
(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, 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 issued an | ||
order of court supervision for or 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 order of court | ||
supervision or 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.
| ||
(6) The Secretary of State shall suspend a school bus | ||
driver permit for a period of 3 years upon receiving notice | ||
from the employer that the holder failed to perform the | ||
inspection procedure set forth in subsection (a) or (b) of | ||
Section 12-816 of this Code. | ||
(7) The Secretary of State shall suspend a school bus | ||
driver permit for a period of 3 years upon receiving notice | ||
from the employer that the holder refused to submit to an | ||
alcohol or drug test as required by Section 6-106.1c or has | ||
submitted to a test required by that Section which | ||
disclosed an alcohol concentration of more than 0.00 or | ||
disclosed a positive result on a National Institute on Drug | ||
Abuse five-drug panel, utilizing federal standards set | ||
forth in 49 CFR 40.87. | ||
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.
| ||
(h) When a school bus driver permit holder who is a service | ||
member is called to active duty, the employer of the permit | ||
holder shall notify the Secretary of State, within 30 days of | ||
notification from the permit holder, that the permit holder has |
been called to active duty. Upon notification pursuant to this | ||
subsection, (i) the Secretary of State shall characterize the | ||
permit as inactive until a permit holder renews the permit as | ||
provided in subsection (i) of this Section, and (ii) if a | ||
permit holder fails to comply with the requirements of this | ||
Section while called to active duty, the Secretary of State | ||
shall not characterize the permit as invalid. | ||
(i) A school bus driver permit holder who is a service | ||
member returning from active duty must, within 90 days, renew a | ||
permit characterized as inactive pursuant to subsection (h) of | ||
this Section by complying with the renewal requirements of | ||
subsection (b) of this Section. | ||
(j) For purposes of subsections (h) and (i) of this | ||
Section: | ||
"Active duty" means active duty pursuant to an executive | ||
order of the President of the United States, an act of the | ||
Congress of the United States, or an order of the Governor. | ||
"Service member" means a member of the Armed Services or | ||
reserve forces of the United States or a member of the Illinois | ||
National Guard. | ||
(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09; | ||
96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff. | ||
7-22-10; 96-1551, Article 1, Section 950, eff. 7-1-11; 96-1551, | ||
Article 2, Section 1025, eff. 7-1-11; 97-224, eff. 7-28-11; | ||
97-229, eff. 7-28-11; 97-333, eff. 8-12-11; 97-466, eff. | ||
1-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; revised |
9-20-12.)
| ||
(625 ILCS 5/6-106.2) (from Ch. 95 1/2, par. 6-106.2)
| ||
Sec. 6-106.2. Religious organization bus driver. A | ||
religious
organization bus driver shall meet the following | ||
requirements:
| ||
1. is 21 years of age or older;
| ||
2. has a valid and properly classified driver's
license | ||
issued by the
Secretary of State;
| ||
3. has held a valid driver's license, not necessarily | ||
of the same
classification, for
3 years prior to the date
| ||
of application;
| ||
4. has demonstrated an ability to exercise reasonable
| ||
care in the safe
operation of religious
organization buses | ||
in accordance with such standards as the Secretary of
State | ||
prescribes
including a driving test in a religious | ||
organization bus; and
| ||
5. has not been convicted of any of the following | ||
offenses within 3 years of the
date of application: | ||
Sections 11-401 (leaving the scene of a traffic
accident | ||
involving death or personal injury), 11-501 (driving under | ||
the
influence), 11-503 (reckless driving), 11-504 (drag | ||
racing), and 11-506 (street racing) of this Code, or | ||
Sections
9-3 (manslaughter or reckless homicide) and 12-5 | ||
(reckless conduct arising
from the use of a motor vehicle) | ||
of the Criminal Code of 1961 or the Criminal Code of 2012 .
|
(Source: P.A. 95-310, eff. 1-1-08.)
| ||
(625 ILCS 5/6-106.3) (from Ch. 95 1/2, par. 6-106.3)
| ||
Sec. 6-106.3. Senior citizen transportation - driver. A | ||
driver of a
vehicle operated solely for the purpose of | ||
providing transportation for
the elderly in connection with the | ||
activities of any public or private
organization
shall meet the | ||
following requirements:
| ||
(1) is 21 years of age or older;
| ||
(2) has a valid and properly classified driver's | ||
license issued by the
Secretary of State;
| ||
(3) has had a valid driver's license, not necessarily
| ||
of the same classification, for 3 years prior to the date | ||
of application;
| ||
(4) has demonstrated his ability to exercise | ||
reasonable care in the safe
operation of a motor vehicle | ||
which will be utilized to transport persons
in accordance | ||
with such standards as the Secretary of State prescribes
| ||
including
a driving test in such motor vehicle; and
| ||
(5) has not been convicted of any of the following | ||
offenses within
3 years of the date of application:
| ||
Sections 11-401 (leaving the scene of a traffic accident | ||
involving death
or personal injury), 11-501 (driving under | ||
the influence), 11-503 (reckless
driving), 11-504 (drag | ||
racing), and 11-506 (street racing) of this Code, or | ||
Sections 9-3 (manslaughter
or reckless
homicide) and 12-5 |
(reckless conduct arising from the use of a motor
vehicle) | ||
of the Criminal Code of 1961 or the Criminal Code of 2012 .
| ||
(Source: P.A. 95-310, eff. 1-1-08.)
| ||
(625 ILCS 5/6-106.4) (from Ch. 95 1/2, par. 6-106.4)
| ||
Sec. 6-106.4. For-profit ridesharing arrangement - driver. | ||
No person
may drive a commuter van while it is being used for a | ||
for-profit ridesharing
arrangement unless such person:
| ||
(1) is 21 years of age or older;
| ||
(2) has a valid and properly classified driver's | ||
license issued by the
Secretary of State;
| ||
(3) has held a valid driver's license, not necessarily
| ||
of the same classification,
for 3 years prior to the date | ||
of application;
| ||
(4) has demonstrated his ability to exercise | ||
reasonable care in the safe
operation of commuter vans used | ||
in for-profit ridesharing arrangements in
accordance with | ||
such standards as the Secretary of State may prescribe,
| ||
which standards may require a driving test in a commuter | ||
van; and
| ||
(5) has not been convicted of any of the following | ||
offenses within
3 years of the date of
application: | ||
Sections 11-401 (leaving the scene of a traffic
accident | ||
involving death or personal injury), 11-501 (driving under
| ||
the influence), 11-503 (reckless driving), 11-504 (drag | ||
racing), and 11-506 (street racing) of this
Code, or
|
Sections 9-3 (manslaughter or reckless homicide) and 12-5 | ||
(reckless conduct
arising from the use of a motor vehicle) | ||
of the Criminal Code of 1961 or the Criminal Code of 2012 .
| ||
(Source: P.A. 95-310, eff. 1-1-08.)
| ||
(625 ILCS 5/6-108.1)
| ||
Sec. 6-108.1.
Notice to Secretary; denial of license;
| ||
persons under 18.
| ||
(a) The State's Attorney must notify the Secretary of the
| ||
charges pending
against any person younger than 18 years of age | ||
who has been charged
with a violation of this Code , the | ||
Criminal Code of 2012, or the Criminal Code of 1961 arising out | ||
of an
accident in
which the person was involved as a driver and | ||
that caused the death of or a
type A injury to another person. | ||
A "type A injury" includes severely bleeding
wounds, distorted | ||
extremities, and injuries that require the injured party to
be | ||
carried from the scene. The State's Attorney must notify the | ||
Secretary on a
form prescribed by the Secretary.
| ||
(b) The Secretary, upon receiving notification from the | ||
State's Attorney,
may
deny any driver's license to any person
| ||
younger than 18 years of age against whom the charges are | ||
pending.
| ||
(c) The State's Attorney must notify the Secretary of the | ||
final
disposition of the case of any person who has been denied | ||
a driver's license
under subsection (b).
| ||
(d) The Secretary must adopt rules for implementing this |
Section.
| ||
(Source: P.A. 92-137, eff. 7-24-01.)
| ||
(625 ILCS 5/6-118)
| ||
Sec. 6-118. Fees. | ||
(a) The fee for licenses and permits under this
Article is | ||
as follows: | ||
Original driver's license .............................$30 | ||
Original or renewal driver's license | ||
issued to 18, 19 and 20 year olds .................. 5 | ||
All driver's licenses for persons | ||
age 69 through age 80 .............................. 5 | ||
All driver's licenses for persons | ||
age 81 through age 86 .............................. 2 | ||
All driver's licenses for persons | ||
age 87 or older .....................................0 | ||
Renewal driver's license (except for | ||
applicants ages 18, 19 and 20 or | ||
age 69 and older) ..................................30 | ||
Original instruction permit issued to | ||
persons (except those age 69 and older) | ||
who do not hold or have not previously | ||
held an Illinois instruction permit or | ||
driver's license .................................. 20 | ||
Instruction permit issued to any person | ||
holding an Illinois driver's license |
who wishes a change in classifications, | ||
other than at the time of renewal .................. 5 | ||
Any instruction permit issued to a person | ||
age 69 and older ................................... 5 | ||
Instruction permit issued to any person, | ||
under age 69, not currently holding a | ||
valid Illinois driver's license or | ||
instruction permit but who has | ||
previously been issued either document | ||
in Illinois ....................................... 10 | ||
Restricted driving permit .............................. 8 | ||
Monitoring device driving permit ...................... 8 | ||
Duplicate or corrected driver's license | ||
or permit .......................................... 5 | ||
Duplicate or corrected restricted | ||
driving permit ..................................... 5 | ||
Duplicate or corrected monitoring | ||
device driving permit .................................. 5 | ||
Duplicate driver's license or permit issued to | ||
an active-duty member of the | ||
United States Armed Forces, | ||
the member's spouse, or | ||
the dependent children living | ||
with the member ................................... 0 | ||
Original or renewal M or L endorsement ................. 5 | ||
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE |
The fees for commercial driver licenses and permits | ||
under Article V
shall be as follows: | ||
Commercial driver's license: | ||
$6 for the CDLIS/AAMVAnet Trust Fund | ||
(Commercial Driver's License Information | ||
System/American Association of Motor Vehicle | ||
Administrators network Trust Fund); | ||
$20 for the Motor Carrier Safety Inspection Fund; | ||
$10 for the driver's license; | ||
and $24 for the CDL: ............................. $60 | ||
Renewal commercial driver's license: | ||
$6 for the CDLIS/AAMVAnet Trust Fund; | ||
$20 for the Motor Carrier Safety Inspection Fund; | ||
$10 for the driver's license; and | ||
$24 for the CDL: ................................. $60 | ||
Commercial driver instruction permit | ||
issued to any person holding a valid | ||
Illinois driver's license for the | ||
purpose of changing to a | ||
CDL classification: $6 for the | ||
CDLIS/AAMVAnet Trust Fund; | ||
$20 for the Motor Carrier | ||
Safety Inspection Fund; and | ||
$24 for the CDL classification ................... $50 | ||
Commercial driver instruction permit | ||
issued to any person holding a valid |
Illinois CDL for the purpose of | ||
making a change in a classification, | ||
endorsement or restriction ........................ $5 | ||
CDL duplicate or corrected license .................... $5 | ||
In order to ensure the proper implementation of the Uniform | ||
Commercial
Driver License Act, Article V of this Chapter, the | ||
Secretary of State is
empowered to pro-rate the $24 fee for the | ||
commercial driver's license
proportionate to the expiration | ||
date of the applicant's Illinois driver's
license. | ||
The fee for any duplicate license or permit shall be waived | ||
for any
person who presents the Secretary of State's office | ||
with a
police report showing that his license or permit was | ||
stolen. | ||
The fee for any duplicate license or permit shall be waived | ||
for any
person age 60 or older whose driver's license or permit | ||
has been lost or stolen. | ||
No additional fee shall be charged for a driver's license, | ||
or for a
commercial driver's license, when issued
to the holder | ||
of an instruction permit for the same classification or
type of | ||
license who becomes eligible for such
license. | ||
(b) Any person whose license or privilege to operate a | ||
motor vehicle
in this State has been suspended or revoked under | ||
Section 3-707, any
provision of
Chapter 6, Chapter 11, or | ||
Section 7-205, 7-303, or 7-702 of the Family
Financial
| ||
Responsibility Law of this Code, shall in addition to any other
| ||
fees required by this Code, pay a reinstatement fee as follows: |
Suspension under Section 3-707 .....................
$100
| ||
Summary suspension under Section 11-501.1 ...........$250
| ||
Summary revocation under Section 11-501.1 ............$500 | ||
Other suspension ......................................$70 | ||
Revocation ...........................................$500 | ||
However, any person whose license or privilege to operate a | ||
motor vehicle
in this State has been suspended or revoked for a | ||
second or subsequent time
for a violation of Section 11-501 or | ||
11-501.1
of this Code or a similar provision of a local | ||
ordinance
or a similar out-of-state offense
or Section 9-3 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012
and each | ||
suspension or revocation was for a violation of Section 11-501 | ||
or
11-501.1 of this Code or a similar provision of a local | ||
ordinance
or a similar out-of-state offense
or Section
9-3 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012
shall | ||
pay, in addition to any other
fees required by this Code, a
| ||
reinstatement
fee as follows: | ||
Summary suspension under Section 11-501.1 ............$500 | ||
Summary revocation under Section 11-501.1 ............$500 | ||
Revocation ...........................................$500 | ||
(c) All fees collected under the provisions of this Chapter | ||
6 shall be
paid into the Road Fund in the State Treasury except | ||
as follows: | ||
1. The following amounts shall be paid into the Driver | ||
Education Fund: | ||
(A) $16 of the $20
fee for an original driver's |
instruction permit; | ||
(B) $5 of the $30 fee for an original driver's | ||
license; | ||
(C) $5 of the $30 fee for a 4 year renewal driver's | ||
license;
| ||
(D) $4 of the $8 fee for a restricted driving | ||
permit; and | ||
(E) $4 of the $8 fee for a monitoring device | ||
driving permit. | ||
2. $30 of the $250 fee for reinstatement of a
license
| ||
summarily suspended under Section 11-501.1 shall be | ||
deposited into the
Drunk and Drugged Driving Prevention | ||
Fund.
However, for a person whose license or privilege to | ||
operate a motor vehicle
in this State has been suspended or | ||
revoked for a second or subsequent time for
a violation of | ||
Section 11-501 or 11-501.1 of this Code or Section 9-3 of | ||
the
Criminal Code of 1961 or the Criminal Code of 2012 ,
| ||
$190 of the $500 fee for reinstatement of a license | ||
summarily
suspended under
Section 11-501.1,
and $190 of the | ||
$500 fee for reinstatement of a revoked license
shall be | ||
deposited into the Drunk and Drugged Driving Prevention | ||
Fund. $190 of the $500 fee for reinstatement of a license | ||
summarily revoked pursuant to Section 11-501.1 shall be | ||
deposited into the Drunk and Drugged Driving Prevention | ||
Fund. | ||
3. $6 of such original or renewal fee for a commercial |
driver's
license and $6 of the commercial driver | ||
instruction permit fee when such
permit is issued to any | ||
person holding a valid Illinois driver's license,
shall be | ||
paid into the CDLIS/AAMVAnet Trust Fund. | ||
4. $30 of the $70 fee for reinstatement of a license | ||
suspended
under the
Family
Financial Responsibility Law | ||
shall be paid into the Family Responsibility
Fund. | ||
5. The $5 fee for each original or renewal M or L | ||
endorsement shall be
deposited into the Cycle Rider Safety | ||
Training Fund. | ||
6. $20 of any original or renewal fee for a commercial | ||
driver's
license or commercial driver instruction permit | ||
shall be paid into the Motor
Carrier Safety Inspection | ||
Fund. | ||
7. The following amounts shall be paid into the General | ||
Revenue Fund: | ||
(A) $190 of the $250 reinstatement fee for a | ||
summary suspension under
Section 11-501.1; | ||
(B) $40 of the $70 reinstatement fee for any other | ||
suspension provided
in subsection (b) of this Section; | ||
and | ||
(C) $440 of the $500 reinstatement fee for a first | ||
offense revocation
and $310 of the $500 reinstatement | ||
fee for a second or subsequent revocation. | ||
(d) All of the proceeds of the additional fees imposed by | ||
this amendatory Act of the 96th General Assembly shall be |
deposited into the Capital Projects Fund. | ||
(e) The additional fees imposed by this amendatory Act of | ||
the 96th General Assembly shall become effective 90 days after | ||
becoming law. | ||
(f) As used in this Section, "active-duty member of the | ||
United States Armed Forces" means a member of the Armed | ||
Services or Reserve Forces of the United States or a member of | ||
the Illinois National Guard who is called to active duty | ||
pursuant to an executive order of the President of the United | ||
States, an act of the Congress of the United States, or an | ||
order of the Governor. | ||
(Source: P.A. 96-34, eff. 7-13-09; 96-38, eff. 7-13-09; | ||
96-1231, eff. 7-23-10; 96-1344, eff. 7-1-11; 97-333, eff. | ||
8-12-11.)
| ||
(625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
| ||
Sec. 6-204. When Court to forward License and Reports.
| ||
(a) For the purpose of providing to the Secretary of State | ||
the records
essential to the performance of the Secretary's | ||
duties under this Code to
cancel, revoke or suspend the | ||
driver's license and privilege to drive motor
vehicles of | ||
certain minors adjudicated truant minors in need of | ||
supervision,
addicted, or delinquent and of persons
found | ||
guilty of the criminal offenses or traffic violations
which | ||
this Code recognizes as evidence relating to unfitness to | ||
safely operate
motor vehicles, the following duties are imposed |
upon public officials:
| ||
(1) Whenever any person is convicted of any offense for | ||
which
this
Code makes mandatory the cancellation or | ||
revocation of the driver's
license or permit of such person | ||
by the Secretary of State, the judge of the
court in which | ||
such conviction is had shall require the surrender to the | ||
clerk
of the court of all driver's licenses or permits then | ||
held by the person so
convicted, and the clerk of the court | ||
shall, within 5 days thereafter, forward
the same, together | ||
with a report of such conviction, to the Secretary.
| ||
(2) Whenever any person is convicted of any offense | ||
under this
Code or
similar offenses under a municipal | ||
ordinance, other than regulations
governing standing, | ||
parking or weights of vehicles, and excepting the
following | ||
enumerated Sections of this Code: Sections 11-1406 | ||
(obstruction
to driver's view or control), 11-1407 | ||
(improper opening of door into
traffic), 11-1410 (coasting | ||
on downgrade), 11-1411 (following fire
apparatus), | ||
11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
| ||
vehicle which is in unsafe condition or improperly | ||
equipped), 12-201(a)
(daytime lights on motorcycles), | ||
12-202 (clearance, identification and
side marker lamps), | ||
12-204 (lamp or flag on projecting load), 12-205
(failure | ||
to display the safety lights required), 12-401 | ||
(restrictions as
to tire equipment), 12-502 (mirrors), | ||
12-503 (windshields must be
unobstructed and equipped with |
wipers), 12-601 (horns and warning
devices), 12-602 | ||
(mufflers, prevention of noise or smoke), 12-603 (seat
| ||
safety belts), 12-702 (certain vehicles to carry flares or | ||
other warning
devices), 12-703 (vehicles for oiling roads | ||
operated on highways),
12-710 (splash guards and | ||
replacements), 13-101 (safety tests), 15-101
(size, weight | ||
and load), 15-102 (width), 15-103 (height), 15-104 (name
| ||
and address on second division vehicles), 15-107 (length of | ||
vehicle),
15-109.1 (cover or tarpaulin), 15-111 (weights), | ||
15-112 (weights), 15-301
(weights), 15-316 (weights), | ||
15-318 (weights), and also excepting the following
| ||
enumerated Sections of the Chicago Municipal Code: | ||
Sections 27-245 (following
fire apparatus), 27-254 | ||
(obstruction of traffic), 27-258 (driving vehicle which
is | ||
in unsafe condition), 27-259 (coasting on downgrade), | ||
27-264 (use of horns
and signal devices), 27-265 | ||
(obstruction to driver's view or driver mechanism),
27-267 | ||
(dimming of headlights), 27-268 (unattended motor | ||
vehicle), 27-272
(illegal funeral procession), 27-273 | ||
(funeral procession on boulevard), 27-275
(driving freight | ||
hauling vehicles on boulevard), 27-276 (stopping and | ||
standing
of buses or taxicabs), 27-277 (cruising of public | ||
passenger vehicles), 27-305
(parallel parking), 27-306 | ||
(diagonal parking), 27-307 (parking not to obstruct
| ||
traffic), 27-308 (stopping, standing or parking | ||
regulated), 27-311 (parking
regulations), 27-312 (parking |
regulations), 27-313 (parking regulations),
27-314 | ||
(parking regulations), 27-315 (parking regulations), | ||
27-316 (parking
regulations), 27-317 (parking | ||
regulations), 27-318 (parking regulations),
27-319 | ||
(parking regulations), 27-320 (parking regulations), | ||
27-321 (parking
regulations), 27-322 (parking | ||
regulations), 27-324 (loading and
unloading at an angle), | ||
27-333 (wheel and axle loads), 27-334 (load
restrictions in | ||
the downtown district), 27-335 (load restrictions in
| ||
residential areas), 27-338 (width of vehicles), 27-339 | ||
(height of
vehicles), 27-340 (length of vehicles), 27-352 | ||
(reflectors on trailers),
27-353 (mufflers), 27-354 | ||
(display of plates), 27-355 (display of city
vehicle tax | ||
sticker), 27-357 (identification of vehicles), 27-358
| ||
(projecting of loads), and also excepting the following | ||
enumerated
paragraphs of Section 2-201 of the Rules and | ||
Regulations of the Illinois
State Toll Highway Authority: | ||
(l) (driving unsafe vehicle on tollway),
(m) (vehicles | ||
transporting dangerous cargo not properly indicated), it
| ||
shall be the duty of the clerk of the court in which such | ||
conviction is
had within 5 days thereafter to forward to | ||
the Secretary of State a report of
the conviction and the | ||
court may recommend the suspension of the driver's
license | ||
or permit of the person so convicted.
| ||
The reporting requirements of this subsection shall apply | ||
to all
violations stated in paragraphs (1) and (2) of this
|
subsection when the
individual has been adjudicated under the | ||
Juvenile Court Act or the
Juvenile Court Act of 1987. Such | ||
reporting requirements shall also apply to
individuals | ||
adjudicated under the Juvenile Court Act or the Juvenile Court | ||
Act
of 1987 who have committed a violation of Section 11-501 of | ||
this Code, or
similar provision of a local ordinance, or | ||
Section 9-3 of the Criminal Code
of 1961 or the Criminal Code | ||
of 2012 , as amended, relating to the offense of reckless | ||
homicide.
These reporting requirements also apply to | ||
individuals adjudicated under the Juvenile Court Act of 1987 | ||
based on any offense determined to have been committed in | ||
furtherance of the criminal activities of an organized gang, as | ||
provided in Section 5-710 of that Act, and that involved the | ||
operation or use of a motor vehicle or the use of a driver's | ||
license or permit. The reporting requirements of this | ||
subsection shall also apply to
a truant minor in need of | ||
supervision, an addicted
minor, or a delinquent minor and whose | ||
driver's license and privilege to
drive a motor vehicle has | ||
been ordered suspended for such times as determined
by the | ||
Court, but only until he or she attains
18 years of age. It | ||
shall be the duty of the clerk of the court in which
| ||
adjudication is had within 5 days thereafter to forward to the | ||
Secretary of
State a report of the adjudication and the court | ||
order requiring the Secretary
of State to suspend the minor's | ||
driver's license and driving privilege for such
time as | ||
determined by the Court, but only until he or she attains the |
age of 18
years. All juvenile court dispositions reported to | ||
the Secretary of State
under this provision shall be processed | ||
by the Secretary of State as if the
cases had been adjudicated | ||
in traffic or criminal court. However, information
reported | ||
relative to the offense of reckless homicide, or Section 11-501 | ||
of
this Code, or a similar provision of a local ordinance, | ||
shall be privileged
and available only to the Secretary of | ||
State, courts, and police officers.
| ||
The reporting requirements of this subsection (a) | ||
apply to all violations listed in paragraphs (1) and (2) of | ||
this subsection (a), excluding parking violations, when | ||
the driver holds a CDL, regardless of the type of vehicle | ||
in which the violation occurred, or when any driver | ||
committed the violation in a commercial motor vehicle as | ||
defined in Section 6-500 of this Code.
| ||
(3) Whenever an order is entered vacating the | ||
forfeiture of any
bail,
security or bond given to secure | ||
appearance for any offense under this
Code or similar | ||
offenses under municipal ordinance, it shall be the duty
of | ||
the clerk of the court in which such vacation was had or | ||
the judge of
such court if such court has no clerk, within | ||
5 days thereafter to
forward to the Secretary of State a | ||
report of the vacation.
| ||
(4) A report of any disposition of court supervision | ||
for a
violation of
Sections 6-303, 11-401, 11-501 or a | ||
similar provision of a local ordinance,
11-503, 11-504, and |
11-506 shall be forwarded to the Secretary of State.
A | ||
report of any disposition of court supervision for a | ||
violation of an offense
defined as a serious traffic | ||
violation in this Code or a similar provision of a
local | ||
ordinance committed by a person under the age of 21 years | ||
shall be
forwarded to the Secretary of State.
| ||
(5) Reports of conviction
under this Code
and | ||
sentencing hearings under the
Juvenile Court
Act of 1987 in | ||
an electronic format
or a computer processible medium
shall
| ||
be
forwarded to the Secretary of State via the Supreme | ||
Court in the form and
format required by the Illinois | ||
Supreme Court and established by a written
agreement | ||
between the Supreme Court and the Secretary of State.
In | ||
counties with a population over 300,000, instead of | ||
forwarding reports to
the Supreme Court, reports of | ||
conviction
under this Code
and sentencing hearings under | ||
the
Juvenile Court Act of 1987 in an electronic format
or a | ||
computer processible medium
may
be forwarded to the | ||
Secretary of State by the Circuit Court Clerk in a form and
| ||
format required by the Secretary of State and established | ||
by written agreement
between the Circuit Court Clerk and | ||
the Secretary of State. Failure to
forward the reports of | ||
conviction or sentencing hearing under the Juvenile
Court | ||
Act of 1987 as required by this Section shall be
deemed an | ||
omission of duty and it shall be the duty of the several | ||
State's
Attorneys to enforce the requirements of this |
Section.
| ||
(b) Whenever a restricted driving permit is forwarded to a | ||
court, as a
result of confiscation by a police officer pursuant | ||
to the authority in
Section 6-113(f), it shall be the duty of | ||
the clerk, or judge, if the court
has no clerk, to forward such | ||
restricted driving permit and a facsimile of
the officer's | ||
citation to the Secretary of State as expeditiously as
| ||
practicable.
| ||
(c) For the purposes of this Code, a forfeiture of bail or | ||
collateral
deposited to secure a defendant's appearance in | ||
court when forfeiture
has not been vacated, or the failure of a | ||
defendant to appear for trial
after depositing his driver's | ||
license in lieu of other bail, shall be
equivalent to a | ||
conviction.
| ||
(d) For the purpose of providing the Secretary of State | ||
with records
necessary to properly monitor and assess driver | ||
performance and assist the
courts in the proper disposition of | ||
repeat traffic law offenders, the clerk
of the court shall | ||
forward to the Secretary of State,
on a form prescribed
by the | ||
Secretary, records of a driver's participation in a driver | ||
remedial
or rehabilitative program which was required, through | ||
a court order or court
supervision, in relation to the driver's | ||
arrest for a violation of Section
11-501 of this Code or a | ||
similar provision of a local ordinance.
The clerk of the court | ||
shall also forward to the Secretary, either on
paper or in an | ||
electronic format or a computer processible medium as required
|
under paragraph (5) of subsection (a) of this Section, any | ||
disposition
of court supervision for any traffic violation,
| ||
excluding those offenses listed in paragraph (2)
of subsection | ||
(a) of this Section.
These reports
shall be sent within 5
days | ||
after disposition, or, if
the driver is
referred to a driver
| ||
remedial or rehabilitative program, within 5 days of the | ||
driver's referral
to that program.
These reports received by | ||
the Secretary of State, including those required to
be | ||
forwarded under paragraph (a)(4), shall be privileged | ||
information, available
only (i) to the affected driver, (ii) to | ||
the parent or guardian of a person under the age of 18 years | ||
holding an instruction permit or a graduated driver's license, | ||
and (iii) for use by the courts, police
officers, prosecuting | ||
authorities, the Secretary of State, and the driver licensing | ||
administrator of any other state. In accordance with 49 C.F.R. | ||
Part 384, all reports of court supervision, except violations | ||
related to parking, shall be forwarded to the Secretary of | ||
State for all holders of a CDL or any driver who commits an | ||
offense while driving a commercial motor vehicle. These reports | ||
shall be recorded to the driver's record as a conviction for | ||
use in the disqualification of the driver's commercial motor | ||
vehicle privileges and shall not be privileged information.
| ||
(Source: P.A. 94-307, eff. 9-30-05; 94-930, eff. 6-26-06; | ||
95-201, eff. 1-1-08; 95-310, eff. 1-1-08; 95-337, eff. 6-1-08; | ||
95-382, eff. 8-23-07; 95-876, eff. 8-21-08.)
|
(625 ILCS 5/6-205)
| ||
Sec. 6-205. Mandatory revocation of license or permit; | ||
Hardship cases.
| ||
(a) Except as provided in this Section, the Secretary of | ||
State shall
immediately revoke the license, permit, or driving | ||
privileges of
any driver upon receiving a
report of the | ||
driver's conviction of any of the following offenses:
| ||
1. Reckless homicide resulting from the operation of a | ||
motor vehicle;
| ||
2. 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 | ||
vehicle while under the influence of alcohol, other drug or
| ||
drugs, intoxicating compound or compounds, or any | ||
combination thereof;
| ||
3. Any felony under the laws of any State or the | ||
federal government
in the commission of which a motor | ||
vehicle was used;
| ||
4. Violation of Section 11-401 of this Code relating to | ||
the offense of
leaving the scene of a traffic accident | ||
involving death or personal injury;
| ||
5. Perjury or the making of a false affidavit or | ||
statement under
oath to the Secretary of State under this | ||
Code or under any
other law relating to the ownership or | ||
operation of motor vehicles;
| ||
6. Conviction upon 3 charges of violation of Section |
11-503 of this
Code relating to the offense of reckless | ||
driving committed within a
period of 12 months;
| ||
7. Conviction of any offense
defined in
Section 4-102 | ||
of this Code;
| ||
8. Violation of Section 11-504 of this Code relating to | ||
the offense
of drag racing;
| ||
9. Violation of Chapters 8 and 9 of this Code;
| ||
10. Violation of Section 12-5 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 arising from
the use of a | ||
motor vehicle;
| ||
11. Violation of Section 11-204.1 of this Code relating | ||
to aggravated
fleeing or attempting to elude a peace | ||
officer;
| ||
12. Violation of paragraph (1) of subsection (b) of | ||
Section 6-507,
or a similar law of any other state, | ||
relating to the
unlawful operation of a commercial motor | ||
vehicle;
| ||
13. Violation of paragraph (a) of Section 11-502 of | ||
this Code or a
similar provision of a local ordinance if | ||
the driver has been previously
convicted of a violation of | ||
that Section or a similar provision of a local
ordinance | ||
and the driver was less than 21 years of age at the time of | ||
the
offense;
| ||
14. Violation of paragraph (a) of Section 11-506 of | ||
this Code or a similar provision of a local ordinance | ||
relating to the offense of street racing;
|
15. A second or subsequent conviction of driving while | ||
the person's driver's license, permit or privileges was | ||
revoked for reckless homicide or a similar out-of-state | ||
offense; | ||
16. Any offense against any provision in this Code, or | ||
any local ordinance, regulating the
movement of traffic | ||
when that offense was the proximate cause of the death of | ||
any person. Any person whose driving privileges have been | ||
revoked pursuant to this paragraph may seek to have the | ||
revocation terminated or to have the length of revocation | ||
reduced by requesting an administrative hearing with the | ||
Secretary of State prior to the projected driver's license | ||
application eligibility date; | ||
17. Violation of subsection (a-2) of Section 11-1301.3 | ||
of this Code or a similar provision of a local ordinance ; . | ||
18 17 . A second or subsequent conviction of 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, any cannabis prohibited under the Cannabis | ||
Control Act, or any methamphetamine prohibited under the | ||
Methamphetamine Control and Community Protection Act. A | ||
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. | ||
(b) The Secretary of State shall also immediately revoke | ||
the license
or permit of any driver in the following | ||
situations:
| ||
1. Of any minor upon receiving the notice provided for | ||
in Section
5-901 of the Juvenile Court Act of 1987 that the | ||
minor has been
adjudicated under that Act as having | ||
committed an offense relating to
motor vehicles prescribed | ||
in Section 4-103 of this Code;
| ||
2. Of any person when any other law of this State | ||
requires either the
revocation or suspension of a license | ||
or permit;
| ||
3. Of any person adjudicated under the Juvenile Court | ||
Act of 1987 based on an offense determined to have been | ||
committed in furtherance of the criminal activities of an | ||
organized gang as provided in Section 5-710 of that Act, | ||
and that involved the operation or use of a motor vehicle | ||
or the use of a driver's license or permit. The revocation | ||
shall remain in effect for the period determined by the | ||
court. Upon the direction of the court, the Secretary shall | ||
issue the person a judicial driving permit, also known as a | ||
JDP. The JDP shall be subject to the same terms as a JDP | ||
issued under Section 6-206.1, except that the court may | ||
direct that a JDP issued under this subdivision (b)(3) be | ||
effective immediately.
|
(c)(1) Whenever a person is convicted of any of the | ||
offenses enumerated in
this Section, the court may recommend | ||
and the Secretary of State in his
discretion, without regard to | ||
whether the recommendation is made by the
court may, upon | ||
application,
issue to the person 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 the petitioner's employment related
duties, | ||
or to allow the petitioner to transport himself or herself or a | ||
family member
of the petitioner's household to a medical | ||
facility for the receipt of necessary medical care or to allow | ||
the
petitioner to transport himself or herself to and from | ||
alcohol or drug remedial or rehabilitative activity | ||
recommended by a licensed service provider, or to allow the
| ||
petitioner to transport himself or herself or a family member | ||
of the petitioner's household to classes, as a student, at an | ||
accredited educational
institution, or to allow the petitioner | ||
to transport children, elderly persons, or disabled persons who | ||
do not hold driving privileges and are living in the | ||
petitioner's household to and from daycare; if the petitioner | ||
is able to demonstrate that no alternative means
of | ||
transportation is reasonably available and that the petitioner | ||
will not endanger
the public safety or welfare; provided that | ||
the Secretary's discretion shall be
limited to cases where | ||
undue hardship, as defined by the rules of the Secretary of | ||
State, would result from a failure to issue the
restricted |
driving permit. Those multiple offenders identified in | ||
subdivision (b)4 of Section 6-208 of this Code, however, shall | ||
not be eligible for the issuance of a restricted driving | ||
permit.
| ||
(2) If a person's license or permit is 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, or Section 9-3 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012 , | ||
where the use of alcohol or other drugs is recited as an | ||
element of the offense, or a similar out-of-state offense, | ||
or a combination of these offenses, 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.
| ||
(3) If:
| ||
(A) a person's license or permit is revoked or | ||
suspended 2 or more
times within a 10 year period due | ||
to any combination of: | ||
(i)
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, | ||
or Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 , where the use of alcohol or | ||
other drugs is recited as an element of the |
offense, or a similar out-of-state offense; or | ||
(ii)
a statutory summary suspension or | ||
revocation under Section
11-501.1; or | ||
(iii)
a suspension pursuant to Section | ||
6-203.1;
| ||
arising out of
separate occurrences; or | ||
(B)
a person has been convicted of one violation of | ||
Section 6-303 of this Code committed while his or her | ||
driver's license, permit, or privilege was revoked | ||
because of a violation of Section 9-3 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 , relating to | ||
the offense of reckless homicide where the use of | ||
alcohol or other drugs was recited as an element of the | ||
offense, or a similar provision of a law of another | ||
state;
| ||
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. | ||
(4)
The person issued a permit conditioned on the use | ||
of an ignition interlock device must pay to the Secretary | ||
of State DUI Administration Fund an amount
not to exceed | ||
$30 per month. The Secretary shall establish by rule the | ||
amount
and the procedures, terms, and conditions relating | ||
to these fees. | ||
(5)
If the restricted driving permit is issued for | ||
employment purposes, then
the prohibition against |
operating a motor vehicle that is not equipped with an | ||
ignition interlock device does not apply to the operation | ||
of an occupational vehicle
owned or leased by that person's | ||
employer when used solely for employment purposes. | ||
(6)
In each case the Secretary of State may issue a
| ||
restricted driving permit for a period he deems | ||
appropriate, except that the
permit 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
or | ||
any similar out-of-state offense, or Section 9-3 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 , where | ||
the use of alcohol or other drugs is recited as an element | ||
of the offense, or any similar out-of-state offense, or any | ||
combination of these 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 petitioner 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. However, if an individual's driving | ||
privileges have been
revoked in accordance with paragraph | ||
13 of subsection (a) of this Section, no
restricted driving | ||
permit shall be issued until the individual has served 6
| ||
months of the revocation period.
| ||
(c-5) (Blank).
| ||
(c-6) If a person is convicted of a second violation of | ||
operating a motor vehicle while the person's driver's license, | ||
permit or privilege was revoked, where the revocation was for a | ||
violation of Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 relating to the offense of reckless | ||
homicide or a similar out-of-state offense, the person's | ||
driving privileges shall be revoked pursuant to subdivision | ||
(a)(15) of this Section. The person may not make application | ||
for a license or permit until the expiration of five years from | ||
the effective date of the revocation or the expiration of five | ||
years from the date of release from a term of imprisonment, | ||
whichever is later. | ||
(c-7) If a person is convicted of a third or subsequent | ||
violation of operating a motor vehicle while the person's |
driver's license, permit or privilege was revoked, where the | ||
revocation was for a violation of Section 9-3 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 relating to the | ||
offense of reckless homicide or a similar out-of-state offense, | ||
the person may never apply for a license or permit. | ||
(d)(1) Whenever a person under the age of 21 is convicted | ||
under Section
11-501 of this Code or a similar provision of a | ||
local ordinance or a similar out-of-state offense, the
| ||
Secretary of State shall revoke the driving privileges of that | ||
person. One
year after the date of revocation, and 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 only between the hours of 5 a.m. and 9
| ||
p.m. or as otherwise provided by this Section for a period of | ||
one year.
After this one year period, and upon reapplication | ||
for a license as
provided in Section 6-106, upon payment of the | ||
appropriate reinstatement
fee provided under paragraph (b) of | ||
Section 6-118, the Secretary of State,
in his discretion, may
| ||
reinstate the petitioner's driver's license and driving | ||
privileges, or extend the restricted driving permit as many | ||
times as the
Secretary of State deems appropriate, by | ||
additional periods of not more than
12 months each.
| ||
(2) If a person's license or permit is 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, or Section 9-3 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012 , | ||
where the use of alcohol or other drugs is recited as an | ||
element of the offense, or a similar out-of-state offense, | ||
or a combination of these offenses, 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.
| ||
(3) If a person's license or permit is revoked or | ||
suspended 2 or more times
within a 10 year period due to | ||
any combination of: | ||
(A) 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, or | ||
Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 , where the use of alcohol or | ||
other drugs is recited as an element of the offense, or | ||
a similar out-of-state offense; or | ||
(B)
a statutory summary suspension or revocation | ||
under Section 11-501.1; or | ||
(C) a suspension pursuant to Section 6-203.1; | ||
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. |
(4)
The person issued a permit conditioned upon the use | ||
of an interlock device must pay to the Secretary of State | ||
DUI Administration Fund an amount
not to exceed $30 per | ||
month. The Secretary shall establish by rule the amount
and | ||
the procedures, terms, and conditions relating to these | ||
fees. | ||
(5)
If the restricted driving permit is issued for | ||
employment purposes, then
the prohibition against driving | ||
a vehicle that is not equipped with an ignition interlock | ||
device does not apply to the operation of an occupational | ||
vehicle
owned or leased by that person's employer when used | ||
solely for employment purposes. | ||
(6) 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.
| ||
(d-5) The revocation of the license, permit, or driving | ||
privileges of a person convicted of a third or subsequent | ||
violation of Section 6-303 of this Code committed while his or | ||
her driver's license, permit, or privilege was revoked because | ||
of a violation of Section 9-3 of the Criminal Code of 1961 or |
the Criminal Code of 2012 , relating to the offense of reckless | ||
homicide, or a similar provision of a law of another state, is | ||
permanent. The Secretary may not, at any time, issue a license | ||
or permit to that person.
| ||
(e) This Section is subject to the provisions of the Driver | ||
License
Compact.
| ||
(f) Any revocation imposed upon any person under | ||
subsections 2
and 3 of paragraph (b) that is in effect on | ||
December 31, 1988 shall be
converted to a suspension for a like | ||
period of time.
| ||
(g) 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 revoked
under any provisions of | ||
this Code.
| ||
(h) The Secretary of State shall require the use of | ||
ignition interlock
devices on all vehicles owned by a person | ||
who has been convicted of a
second or subsequent offense under | ||
Section 11-501 of this Code or a similar
provision of a local | ||
ordinance. The person must pay to the Secretary of State DUI | ||
Administration Fund an amount not to exceed $30 for each month | ||
that he or she uses the device. The Secretary shall establish | ||
by rule and
regulation the procedures for certification and use | ||
of the interlock
system, the amount of the fee, and the | ||
procedures, terms, and conditions relating to these fees.
| ||
(i) (Blank).
| ||
(j) In accordance with 49 C.F.R. 384, the Secretary of |
State may not issue a restricted driving permit for the | ||
operation of a commercial motor vehicle to a person holding a | ||
CDL whose driving privileges have been revoked, suspended, | ||
cancelled, or disqualified under any provisions of this Code.
| ||
(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | ||
96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | ||
7-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff. | ||
1-1-13; revised 8-3-12.) | ||
(625 ILCS 5/6-205.2)
| ||
Sec. 6-205.2. Suspension of driver's license of person | ||
convicted of theft of motor fuel. The driver's license of a | ||
person convicted of theft of motor fuel under Section 16-25 or | ||
16K-15 of the Criminal Code of 1961 or the Criminal Code of | ||
2012 shall be suspended by the Secretary for a period not to | ||
exceed 6 months for a first offense. Upon a second or | ||
subsequent conviction for theft of motor fuel, the suspension | ||
shall be for a period not to exceed one year. Upon conviction | ||
of a person for theft of motor fuel, the court shall order the | ||
person to surrender his or her driver's license to the clerk of | ||
the court who shall forward the suspended license to the | ||
Secretary.
| ||
(Source: P.A. 97-597, eff. 1-1-12.)
| ||
(625 ILCS 5/6-206)
| ||
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 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 | ||
monitoring device driving permit, judicial driving permit | ||
issued prior to January 1, 2009, 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 or the Criminal Code of 2012 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 or the Criminal Code of 2012 | ||
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 for a first time 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, any cannabis prohibited under 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.
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, promoting juvenile | ||
prostitution as described in subdivision (a)(1), (a)(2), | ||
or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012 , 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, an intoxicating | ||
compound as listed in the Use of
Intoxicating Compounds | ||
Act, or methamphetamine as listed in the Methamphetamine | ||
Control and Community Protection 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 or the Criminal Code of 2012 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 or a similar provision of a local ordinance;
| ||
35. Has committed a violation of Section 11-1301.6 of | ||
this Code or a similar provision of a local ordinance;
| ||
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 that resulted in damage to the | ||
property of another or the death or injury of another;
| ||
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;
| ||
40. Has committed a violation of subsection (a-1) of | ||
Section 11-908 of
this Code; | ||
41. Has committed a second or subsequent violation of | ||
Section 11-605.1 of this Code, a similar provision of a | ||
local ordinance, or a similar violation in any other state | ||
within 2 years of the date of the previous violation, in | ||
which case the suspension shall be for 90 days; | ||
42. Has committed a violation of subsection (a-1) of | ||
Section 11-1301.3 of this Code or a similar provision of a | ||
local ordinance;
| ||
43. Has received a disposition of court supervision for | ||
a violation of subsection (a), (d), or (e) of Section 6-20 | ||
of the Liquor
Control Act of 1934 or a similar provision of | ||
a local ordinance, in which case the suspension shall be | ||
for a period of 3 months;
| ||
44.
Is under the age of 21 years at the time of arrest | ||
and has been convicted of an offense against traffic | ||
regulations governing the movement of vehicles after | ||
having previously had his or her driving privileges
| ||
suspended or revoked pursuant to subparagraph 36 of this | ||
Section; | ||
45.
Has, in connection with or during the course of a | ||
formal hearing conducted under Section 2-118 of this Code: |
(i) committed perjury; (ii) submitted fraudulent or | ||
falsified documents; (iii) submitted documents that have | ||
been materially altered; or (iv) submitted, as his or her | ||
own, documents that were in fact prepared or composed for | ||
another person; or | ||
46. Has committed a violation of subsection (j) of | ||
Section 3-413 of this Code. | ||
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 possess a CDL for the purpose of | ||
operating a commercial motor vehicle.
| ||
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 (as defined by the rules of the Secretary of | ||
State), 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 the petitioner's | ||
employment related duties, or to
allow the petitioner to | ||
transport himself or herself, or a family member of the
| ||
petitioner's household to a medical facility, to receive |
necessary medical care, to allow the petitioner to | ||
transport himself or herself to and from alcohol or drug
| ||
remedial or rehabilitative activity recommended by a | ||
licensed service provider, or to allow the petitioner to | ||
transport himself or herself or a family member of the | ||
petitioner's household to classes, as a student, at an | ||
accredited educational institution, or to allow the | ||
petitioner to transport children, elderly persons, or | ||
disabled persons who do not hold driving privileges and are | ||
living in the petitioner's household to and from daycare. | ||
The
petitioner must demonstrate that no alternative means | ||
of
transportation is reasonably available and that the | ||
petitioner will not endanger
the public safety or welfare. | ||
Those multiple offenders identified in subdivision (b)4 of | ||
Section 6-208 of this Code, however, shall not be eligible | ||
for the issuance of a restricted driving permit.
| ||
(A) If a person's license or permit is 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, or | ||
Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 , where the use of alcohol or | ||
other drugs is recited as an element of the offense, or | ||
a similar out-of-state offense, or a combination of | ||
these offenses, 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.
| ||
(B) If a person's license or permit is revoked or | ||
suspended 2 or more
times within a 10 year period due | ||
to any combination of: | ||
(i) 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 | ||
or Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 , where the use of alcohol or | ||
other drugs is recited as an element of the | ||
offense, or a similar out-of-state offense; or | ||
(ii) a statutory summary suspension or | ||
revocation under Section
11-501.1; or | ||
(iii) a suspension under Section 6-203.1; | ||
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. | ||
(C)
The person issued a permit conditioned upon the | ||
use of an ignition interlock device must pay to the | ||
Secretary of State DUI Administration Fund an amount
| ||
not to exceed $30 per month. The Secretary shall | ||
establish by rule the amount
and the procedures, terms, | ||
and conditions relating to these fees. |
(D) If the
restricted driving permit is issued for | ||
employment purposes, then the prohibition against | ||
operating a motor vehicle that is not equipped with an | ||
ignition interlock device does not apply to the | ||
operation of an occupational vehicle owned or
leased by | ||
that person's employer when used solely for employment | ||
purposes. | ||
(E) 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
or any similar | ||
out-of-state offense, or Section 9-3 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 , where the | ||
use of alcohol or other drugs is recited as an element | ||
of the offense, 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-3) In the case of a suspension under paragraph 43 of | ||
subsection (a), reports received by the Secretary of State | ||
under this Section shall, except during the actual time the | ||
suspension is in effect, be privileged information and for use | ||
only by the courts, police officers, prosecuting authorities, | ||
the driver licensing administrator of any other state, the | ||
Secretary of State, or the parent or legal guardian of a driver | ||
under the age of 18. However, beginning January 1, 2008, if the | ||
person is a CDL holder, the suspension shall also be made | ||
available to the driver licensing administrator of any other | ||
state, the U.S. Department of Transportation, and the affected | ||
driver or motor
carrier or prospective motor carrier upon | ||
request.
| ||
(c-4) In the case of a suspension under paragraph 43 of |
subsection (a), the Secretary of State shall notify the person | ||
by mail that his or her driving privileges and driver's license | ||
will be suspended one month after the date of the mailing of | ||
the notice.
| ||
(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 21 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.
| ||
(f) In accordance with 49 C.F.R. 384, the Secretary of | ||
State may not issue a restricted driving permit for the | ||
operation of a commercial motor vehicle to a person holding a | ||
CDL whose driving privileges have been suspended, revoked, | ||
cancelled, or disqualified under any provisions of this Code. | ||
(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | ||
96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | ||
7-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333, | ||
eff. 8-12-11; 97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, |
eff. 1-1-13; 97-1109, eff. 1-1-13; revised 9-20-12.) | ||
(625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1) | ||
Sec. 6-206.1. Monitoring Device Driving Permit. | ||
Declaration of Policy. It is hereby declared a policy of the
| ||
State of Illinois that the driver who is impaired by alcohol, | ||
other drug or
drugs, or intoxicating compound or compounds is a
| ||
threat to the public safety and welfare. Therefore, to
provide | ||
a deterrent to such practice, a statutory summary driver's | ||
license suspension is appropriate.
It is also recognized that | ||
driving is a privilege and therefore, that the granting of | ||
driving privileges, in a manner consistent with public
safety, | ||
is warranted during the period of suspension in the form of a | ||
monitoring device driving permit. A person who drives and fails | ||
to comply with the requirements of the monitoring device | ||
driving permit commits a violation of Section 6-303 of this | ||
Code. | ||
The following procedures shall apply whenever
a first | ||
offender, as defined in Section 11-500 of this Code, is | ||
arrested for any offense as defined in Section 11-501
or a | ||
similar provision of a local ordinance and is subject to the | ||
provisions of Section 11-501.1: | ||
(a) Upon mailing of the notice of suspension of driving | ||
privileges as provided in subsection (h) of Section 11-501.1 of | ||
this Code, the Secretary shall also send written notice | ||
informing the person that he or she will be issued a monitoring |
device driving permit (MDDP). The notice shall include, at | ||
minimum, information summarizing the procedure to be followed | ||
for issuance of the MDDP, installation of the breath alcohol | ||
ignition installation device (BAIID), as provided in this | ||
Section, exemption from BAIID installation requirements, and | ||
procedures to be followed by those seeking indigent status, as | ||
provided in this Section. The notice shall also include | ||
information summarizing the procedure to be followed if the | ||
person wishes to decline issuance of the MDDP. A copy of the | ||
notice shall also be sent to the court of venue together with | ||
the notice of suspension of driving privileges, as provided in | ||
subsection (h) of Section 11-501. However, a MDDP shall not be | ||
issued if the Secretary finds that:
| ||
(1) The offender's driver's license is otherwise | ||
invalid; | ||
(2) Death or great bodily harm resulted from the arrest | ||
for Section 11-501; | ||
(3) The offender has been previously convicted of | ||
reckless homicide or aggravated driving under the | ||
influence involving death; or | ||
(4) The offender is less than 18 years of age. | ||
Any offender participating in the MDDP program must pay the | ||
Secretary a MDDP Administration Fee in an amount not to exceed | ||
$30 per month, to be deposited into the Monitoring Device | ||
Driving Permit Administration Fee Fund. The Secretary shall | ||
establish by rule the amount and the procedures, terms, and |
conditions relating to these fees. The offender must have an | ||
ignition interlock device installed within 14 days of the date | ||
the Secretary issues the MDDP. The ignition interlock device | ||
provider must notify the Secretary, in a manner and form | ||
prescribed by the Secretary, of the installation. If the | ||
Secretary does not receive notice of installation, the | ||
Secretary shall cancel the MDDP.
| ||
A MDDP shall not become effective prior to the 31st
day of | ||
the original statutory summary suspension. | ||
Upon receipt of the notice, as provided in paragraph (a) of | ||
this Section, the person may file a petition to decline | ||
issuance of the MDDP with the court of venue. The court shall | ||
admonish the offender of all consequences of declining issuance | ||
of the MDDP including, but not limited to, the enhanced | ||
penalties for driving while suspended. After being so | ||
admonished, the offender shall be permitted, in writing, to | ||
execute a notice declining issuance of the MDDP. This notice | ||
shall be filed with the court and forwarded by the clerk of the | ||
court to the Secretary. The offender may, at any time | ||
thereafter, apply to the Secretary for issuance of a MDDP. | ||
(a-1) A person issued a MDDP may drive for any purpose and | ||
at any time, subject to the rules adopted by the Secretary | ||
under subsection (g). The person must, at his or her own | ||
expense, drive only vehicles equipped with an ignition | ||
interlock device as defined in Section 1-129.1, but in no event | ||
shall such person drive a commercial motor vehicle. |
(a-2) Persons who are issued a MDDP and must drive | ||
employer-owned vehicles in the course of their employment | ||
duties may seek permission to drive an employer-owned vehicle | ||
that does not have an ignition interlock device. The employer | ||
shall provide to the Secretary a form, as prescribed by the | ||
Secretary, completed by the employer verifying that the | ||
employee must drive an employer-owned vehicle in the course of | ||
employment. If approved by the Secretary, the form must be in | ||
the driver's possession while operating an employer-owner | ||
vehicle not equipped with an ignition interlock device. No | ||
person may use this exemption to drive a school bus, school | ||
vehicle, or a vehicle designed to transport more than 15 | ||
passengers. No person may use this exemption to drive an | ||
employer-owned motor vehicle that is owned by an entity that is | ||
wholly or partially owned by the person holding the MDDP, or by | ||
a family member of the person holding the MDDP. No person may | ||
use this exemption to drive an employer-owned vehicle that is | ||
made available to the employee for personal use. No person may | ||
drive the exempted vehicle more than 12 hours per day, 6 days | ||
per week.
| ||
(a-3) Persons who are issued a MDDP and who must drive a | ||
farm tractor to and from a farm, within 50 air miles from the | ||
originating farm are exempt from installation of a BAIID on the | ||
farm tractor, so long as the farm tractor is being used for the | ||
exclusive purpose of conducting farm operations. | ||
(b) (Blank). |
(c) (Blank).
| ||
(c-1) If the holder of the MDDP is convicted of or receives | ||
court supervision for a violation of Section 6-206.2, 6-303, | ||
11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar | ||
provision of a local ordinance or a similar out-of-state | ||
offense or is convicted of or receives court supervision for | ||
any offense for which alcohol or drugs is an element of the | ||
offense and in which a motor vehicle was involved (for an | ||
arrest other than the one for which the MDDP is issued), or | ||
de-installs the BAIID without prior authorization from the | ||
Secretary, the MDDP shall be cancelled. | ||
(c-5) If the Secretary determines that the person seeking | ||
the MDDP is indigent, the Secretary shall provide the person | ||
with a written document as evidence of that determination, and | ||
the person shall provide that written document to an ignition | ||
interlock device provider. The provider shall install an | ||
ignition interlock device on that person's vehicle without | ||
charge to the person, and seek reimbursement from the Indigent | ||
BAIID Fund.
If the Secretary has deemed an offender indigent, | ||
the BAIID provider shall also provide the normal monthly | ||
monitoring services and the de-installation without charge to | ||
the offender and seek reimbursement from the Indigent BAIID | ||
Fund. Any other monetary charges, such as a lockout fee or | ||
reset fee, shall be the responsibility of the MDDP holder. A | ||
BAIID provider may not seek a security deposit from the | ||
Indigent BAIID Fund. |
(d) MDDP information
shall be available only to the courts, | ||
police officers, and the Secretary, except during the actual | ||
period the MDDP is valid, during which
time it shall be a | ||
public record. | ||
(e) (Blank). | ||
(f) (Blank). | ||
(g) The Secretary shall adopt rules for implementing this | ||
Section. The rules adopted shall address issues including, but | ||
not limited to: compliance with the requirements of the MDDP; | ||
methods for determining compliance with those requirements; | ||
the consequences of noncompliance with those requirements; | ||
what constitutes a violation of the MDDP; methods for | ||
determining indigency; and the duties of a person or entity | ||
that supplies the ignition interlock device. | ||
(h) The rules adopted under subsection (g) shall provide, | ||
at a minimum, that the person is not in compliance with the | ||
requirements of the MDDP if he or she: | ||
(1) tampers or attempts to tamper with or circumvent | ||
the proper operation of the ignition interlock device; | ||
(2) provides valid breath samples that register blood | ||
alcohol levels in excess of the number of times allowed | ||
under the rules; | ||
(3) fails to provide evidence sufficient to satisfy the | ||
Secretary that the ignition interlock device has been | ||
installed in the designated vehicle or vehicles; or | ||
(4) fails to follow any other applicable rules adopted |
by the Secretary. | ||
(i) Any person or entity that supplies an ignition | ||
interlock device as provided under this Section shall, in | ||
addition to supplying only those devices which fully comply | ||
with all the rules adopted under subsection (g), provide the | ||
Secretary, within 7 days of inspection, all monitoring reports | ||
of each person who has had an ignition interlock device | ||
installed. These reports shall be furnished in a manner or form | ||
as prescribed by the Secretary. | ||
(j) Upon making a determination that a violation of the | ||
requirements of the MDDP has occurred, the Secretary shall | ||
extend the summary suspension period for an additional 3 months | ||
beyond the originally imposed summary suspension period, | ||
during which time the person shall only be allowed to drive | ||
vehicles equipped with an ignition interlock device; provided | ||
further there are no limitations on the total number of times | ||
the summary suspension may be extended. The Secretary may, | ||
however, limit the number of extensions imposed for violations | ||
occurring during any one monitoring period, as set forth by | ||
rule. Any person whose summary suspension is extended pursuant | ||
to this Section shall have the right to contest the extension | ||
through a hearing with the Secretary, pursuant to Section 2-118 | ||
of this Code. If the summary suspension has already terminated | ||
prior to the Secretary receiving the monitoring report that | ||
shows a violation, the Secretary shall be authorized to suspend | ||
the person's driving privileges for 3 months, provided that the |
Secretary may, by rule, limit the number of suspensions to be | ||
entered pursuant to this paragraph for violations occurring | ||
during any one monitoring period. Any person whose license is | ||
suspended pursuant to this paragraph, after the summary | ||
suspension had already terminated, shall have the right to | ||
contest the suspension through a hearing with the Secretary, | ||
pursuant to Section 2-118 of this Code. The only permit the | ||
person shall be eligible for during this new suspension period | ||
is a MDDP. | ||
(k) A person who has had his or her summary suspension | ||
extended for the third time, or has any combination of 3 | ||
extensions and new suspensions, entered as a result of a | ||
violation that occurred while holding the MDDP, so long as the | ||
extensions and new suspensions relate to the same summary | ||
suspension, shall have his or her vehicle impounded for a | ||
period of 30 days, at the person's own expense. A person who | ||
has his or her summary suspension extended for the fourth time, | ||
or has any combination of 4 extensions and new suspensions, | ||
entered as a result of a violation that occurred while holding | ||
the MDDP, so long as the extensions and new suspensions relate | ||
to the same summary suspension, shall have his or her vehicle | ||
subject to seizure and forfeiture. The Secretary shall notify | ||
the prosecuting authority of any third or fourth extensions or | ||
new suspension entered as a result of a violation that occurred | ||
while the person held a MDDP. Upon receipt of the notification, | ||
the prosecuting authority shall impound or forfeit the vehicle. |
The impoundment or forfeiture of a vehicle shall be conducted | ||
pursuant to the procedure specified in Article 36 of the | ||
Criminal Code of 2012 1961 . | ||
(l) A person whose driving privileges have been suspended | ||
under Section 11-501.1 of this Code and who had a MDDP that was | ||
cancelled, or would have been cancelled had notification of a | ||
violation been received prior to expiration of the MDDP, | ||
pursuant to subsection (c-1) of this Section, shall not be | ||
eligible for reinstatement when the summary suspension is | ||
scheduled to terminate. Instead, the person's driving | ||
privileges shall be suspended for a period of not less than | ||
twice the original summary suspension period, or for the length | ||
of any extensions entered under subsection (j), whichever is | ||
longer. During the period of suspension, the person shall be | ||
eligible only to apply for a restricted driving permit. If a | ||
restricted driving permit is granted, the offender may only | ||
operate vehicles equipped with a BAIID in accordance with this | ||
Section. | ||
(m) Any person or entity that supplies an ignition | ||
interlock device under this Section shall, for each ignition | ||
interlock device installed, pay 5% of the total gross revenue | ||
received for the device, including monthly monitoring fees, | ||
into the Indigent BAIID Fund. This 5% shall be clearly | ||
indicated as a separate surcharge on each invoice that is | ||
issued. The Secretary shall conduct an annual review of the | ||
fund to determine whether the surcharge is sufficient to |
provide for indigent users. The Secretary may increase or | ||
decrease this surcharge requirement as needed. | ||
(n) Any person or entity that supplies an ignition | ||
interlock device under this Section that is requested to | ||
provide an ignition interlock device to a person who presents | ||
written documentation of indigency from the Secretary, as | ||
provided in subsection (c-5) of this Section, shall install the | ||
device on the person's vehicle without charge to the person and | ||
shall seek reimbursement from the Indigent BAIID Fund. | ||
(o) The Indigent BAIID Fund is created as a special fund in | ||
the State treasury. The Secretary shall, subject to | ||
appropriation by the General Assembly, use all money in the | ||
Indigent BAIID Fund to reimburse ignition interlock device | ||
providers who have installed devices in vehicles of indigent | ||
persons. The Secretary shall make payments to such providers | ||
every 3 months. If the amount of money in the fund at the time | ||
payments are made is not sufficient to pay all requests for | ||
reimbursement submitted during that 3 month period, the | ||
Secretary shall make payments on a pro-rata basis, and those | ||
payments shall be considered payment in full for the requests | ||
submitted. | ||
(p) The Monitoring Device Driving Permit Administration | ||
Fee Fund is created as a special fund in the State treasury. | ||
The Secretary shall, subject to appropriation by the General | ||
Assembly, use the money paid into this fund to offset its | ||
administrative costs for administering MDDPs.
|
(q) The Secretary is authorized to prescribe such forms as | ||
it deems necessary to carry out the provisions of this Section. | ||
(Source: P.A. 96-184, eff. 8-10-09; 96-1526, eff. 2-14-11; | ||
97-229; 97-813, eff. 7-13-12.)
| ||
(625 ILCS 5/6-208) (from Ch. 95 1/2, par. 6-208)
| ||
Sec. 6-208. Period of Suspension - Application After | ||
Revocation.
| ||
(a) Except as otherwise provided by this Code or any other | ||
law of this
State, the Secretary of State shall not suspend a | ||
driver's license,
permit, or privilege to drive a motor vehicle | ||
on the highways for a
period of more than one year.
| ||
(b) Any person whose license, permit, or privilege to drive | ||
a motor
vehicle on the highways has been revoked shall not be | ||
entitled to have
such license, permit, or privilege renewed or | ||
restored. However, such
person may, except as provided under | ||
subsections (d) and (d-5) of Section 6-205, make
application | ||
for a license pursuant to Section 6-106 (i) if the revocation
| ||
was
for a cause that
has been removed or (ii) as provided in | ||
the following
subparagraphs:
| ||
1. Except as provided in subparagraphs 1.5, 2, 3,
4, | ||
and 5,
the person may make application for a license (A) | ||
after the expiration of one
year from the effective date of | ||
the revocation, (B) in the case of a violation of paragraph | ||
(b) of Section 11-401 of this
Code or a similar provision | ||
of a local ordinance, after the expiration of 3
years from |
the effective date of the revocation, or
(C) in the case of | ||
a violation
of Section 9-3 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 or a similar provision of a law | ||
of another state relating to the offense of reckless
| ||
homicide or a violation of 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, after the expiration of 2 years from the | ||
effective date of the
revocation
or after the expiration of | ||
24 months from the date of release from
a
period of | ||
imprisonment as provided in Section
6-103 of this Code, | ||
whichever is later.
| ||
1.5. If the person is convicted of a violation of | ||
Section 6-303 of this Code committed while his or her | ||
driver's license, permit, or privilege was revoked because | ||
of a violation of Section 9-3 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012 , relating to the offense of | ||
reckless homicide, or a similar provision of a law of | ||
another state, the person may not make application for a | ||
license or permit until the expiration of 3 years from the | ||
date of the conviction.
| ||
2. If such person is convicted of committing a second | ||
violation within a 20-year
period of:
| ||
(A) Section 11-501 of this Code or a similar |
provision of a local
ordinance;
| ||
(B) Paragraph (b) of Section 11-401 of this Code or | ||
a similar
provision
of a local ordinance;
| ||
(C) Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 , relating
to the
offense of | ||
reckless homicide; or
| ||
(D) any combination of the above offenses | ||
committed at different
instances;
| ||
then such person may not make application for a license | ||
until after
the expiration of 5 years from the effective | ||
date of the most recent
revocation. The 20-year
period | ||
shall be computed by using the dates the
offenses were | ||
committed and shall also include similar out-of-state
| ||
offenses and similar offenses committed on a military | ||
installation.
| ||
2.5. If a person is convicted of a second violation of | ||
Section 6-303 of this Code committed while the person's | ||
driver's license, permit, or privilege was revoked because | ||
of a violation of Section 9-3 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012 , relating to the offense of | ||
reckless homicide, or a similar provision of a law of | ||
another state, the person may not make application for a | ||
license or permit until the expiration of 5 years from the | ||
date of release from a term of imprisonment.
| ||
3. However, except as provided in subparagraph 4, if | ||
such person is
convicted of committing a third or
|
subsequent violation or any combination of the above | ||
offenses, including
similar out-of-state offenses and | ||
similar offenses committed on a military installation, | ||
contained in subparagraph 2, then such person
may not make | ||
application for a license until after the expiration of 10 | ||
years
from the effective date of the most recent | ||
revocation.
| ||
4. The person may not make application for a license if | ||
the person is
convicted of committing a fourth or | ||
subsequent
violation of Section 11-501 of this Code or a | ||
similar provision of a local
ordinance, Section 11-401 of | ||
this Code, Section 9-3 of the
Criminal Code of 1961 or the | ||
Criminal Code of 2012 , or
a combination of these offenses,
| ||
similar provisions of local ordinances,
similar | ||
out-of-state offenses, or similar offenses committed on a | ||
military installation.
| ||
5. The person may not make application for a license or | ||
permit if the person is convicted of a third or subsequent | ||
violation of Section 6-303 of this Code committed while his | ||
or her driver's license, permit, or privilege was revoked | ||
because of a violation of Section 9-3 of the Criminal Code | ||
of 1961 or the Criminal Code of 2012 , relating to the | ||
offense of reckless homicide, or a similar provision of a | ||
law of another state.
| ||
Notwithstanding any other provision of this Code, all | ||
persons referred to
in this paragraph (b) may not have their |
privileges restored until the
Secretary receives payment of the | ||
required reinstatement fee pursuant to
subsection (b) of | ||
Section 6-118.
| ||
In no event shall the Secretary issue such license
unless | ||
and until such person has had a hearing pursuant to this Code | ||
and
the appropriate administrative rules and the Secretary is
| ||
satisfied, after a review or investigation of such person, that
| ||
to grant the privilege of driving a motor vehicle on the | ||
highways will
not endanger the public safety or welfare.
| ||
(c) (Blank).
| ||
(Source: P.A. 95-331, eff. 8-21-07; 95-355, eff. 1-1-08; | ||
95-377, eff. 1-1-08; 95-876, eff. 8-21-08; 96-607, eff. | ||
8-24-09.)
| ||
(625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| ||
Sec. 6-303. Driving while driver's license, permit or | ||
privilege to
operate a motor vehicle is suspended or revoked.
| ||
(a) Except as otherwise provided in subsection (a-5), any | ||
person who drives or is in actual physical control of a motor
| ||
vehicle on any highway of this State at a time when such | ||
person's driver's
license, permit or privilege to do so or the | ||
privilege to obtain a driver's
license or permit is revoked or | ||
suspended as provided by this Code or the law
of another state, | ||
except as may be specifically allowed by a judicial driving
| ||
permit issued prior to January 1, 2009, monitoring device | ||
driving permit, family financial responsibility driving |
permit, probationary
license to drive, or a restricted driving | ||
permit issued pursuant to this Code
or under the law of another | ||
state, shall be guilty of a Class A misdemeanor.
| ||
(a-5) Any person who violates this Section as provided in | ||
subsection (a) while his or her driver's license, permit or | ||
privilege is revoked because of a violation of Section 9-3 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012 , | ||
relating to the offense of reckless homicide or a similar | ||
provision of a law of another state, is guilty of a Class 4 | ||
felony. The person shall be required to undergo a professional | ||
evaluation, as provided in Section 11-501 of this Code, to | ||
determine if an alcohol, drug, or intoxicating compound problem | ||
exists and the extent of the problem, and to undergo the | ||
imposition of treatment as appropriate.
| ||
(b) (Blank). | ||
(b-1) Upon receiving a report of the conviction of any | ||
violation indicating a person was operating a motor vehicle | ||
during the time when the person's driver's license, permit or | ||
privilege was suspended by the Secretary of State or the | ||
driver's licensing administrator of another state, except as | ||
specifically allowed by a probationary license, judicial | ||
driving permit, restricted driving permit or monitoring device | ||
driving permit the Secretary shall extend the suspension for | ||
the same period of time as the originally imposed suspension | ||
unless the suspension has already expired, in which case the | ||
Secretary shall be authorized to suspend the person's driving |
privileges for the same period of time as the originally | ||
imposed suspension. | ||
(b-2) Except as provided in subsection (b-6), upon | ||
receiving a report of the conviction of any violation | ||
indicating a person was operating a motor vehicle when the | ||
person's driver's license, permit or privilege was revoked by | ||
the Secretary of State or the driver's license administrator of | ||
any other state, except as specifically allowed by a restricted | ||
driving permit issued pursuant to this Code or the law of | ||
another state, the Secretary shall not issue a driver's license | ||
for an additional period of one year from the date of such | ||
conviction indicating such person was operating a vehicle | ||
during such period of revocation. | ||
(b-3) (Blank).
| ||
(b-4) When the Secretary of State receives a report of a | ||
conviction of any violation indicating a person was operating a | ||
motor vehicle that was not equipped with an ignition interlock | ||
device during a time when the person was prohibited from | ||
operating a motor vehicle not equipped with such a device, the | ||
Secretary shall not issue a driver's license to that person for | ||
an additional period of one year from the date of the | ||
conviction.
| ||
(b-5) Any person convicted of violating this Section shall | ||
serve a minimum
term of imprisonment of 30 consecutive days or | ||
300
hours of community service
when the person's driving | ||
privilege was revoked or suspended as a result of a violation |
of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 , as amended ,
relating to the offense of reckless | ||
homicide, or a similar provision of a law of another state.
| ||
(b-6) Upon receiving a report of a first conviction of | ||
operating a motor vehicle while the person's driver's license, | ||
permit or privilege was revoked where the revocation was for a | ||
violation of Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 relating to the offense of reckless | ||
homicide or a similar out-of-state offense, the Secretary shall | ||
not issue a driver's license for an additional period of three | ||
years from the date of such conviction. | ||
(c) Except as provided in subsections (c-3) and (c-4), any | ||
person convicted of violating this Section shall serve a | ||
minimum
term of imprisonment of 10 consecutive days or 30
days | ||
of community service
when the person's driving privilege was | ||
revoked or suspended as a result of:
| ||
(1) 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 | ||
vehicle while under the influence of alcohol, any other | ||
drug
or any combination thereof; or
| ||
(2) a violation of paragraph (b) of Section 11-401 of | ||
this Code or a
similar provision of a local ordinance | ||
relating to the offense of leaving the
scene of a motor | ||
vehicle accident involving personal injury or death; or
| ||
(3)
a statutory summary suspension or revocation under |
Section 11-501.1 of this
Code.
| ||
Such sentence of imprisonment or community service shall | ||
not be subject
to suspension in order to reduce such sentence.
| ||
(c-1) Except as provided in subsections (c-5) and (d), any | ||
person convicted of a
second violation of this Section shall be | ||
ordered by the court to serve a
minimum
of 100 hours of | ||
community service.
| ||
(c-2) In addition to other penalties imposed under this | ||
Section, the
court may impose on any person convicted a fourth | ||
time of violating this
Section any of
the following:
| ||
(1) Seizure of the license plates of the person's | ||
vehicle.
| ||
(2) Immobilization of the person's vehicle for a period | ||
of time
to be determined by the court.
| ||
(c-3) Any person convicted of a violation of this Section | ||
during a period of summary suspension imposed pursuant to | ||
Section 11-501.1 when the person was eligible for a MDDP shall | ||
be guilty of a Class 4 felony and shall serve a minimum term of | ||
imprisonment of 30 days. | ||
(c-4) Any person who has been issued a MDDP and who is | ||
convicted of a violation of this Section as a result of | ||
operating or being in actual physical control of a motor | ||
vehicle not equipped with an ignition interlock device at the | ||
time of the offense shall be guilty of a Class 4 felony and | ||
shall serve a minimum term of imprisonment of 30 days.
| ||
(c-5) Any person convicted of a second violation of this
|
Section is guilty of a Class 2 felony, is not eligible for | ||
probation or conditional discharge, and shall serve a mandatory | ||
term of
imprisonment, if the
revocation or
suspension was for a | ||
violation of Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 , relating
to the offense of reckless | ||
homicide, or a similar out-of-state offense.
| ||
(d) Any person convicted of a second violation of this
| ||
Section shall be guilty of a Class 4 felony and shall serve a | ||
minimum term of
imprisonment of 30 days or 300 hours of | ||
community service, as determined by the
court, if the original
| ||
revocation or
suspension was for a violation of Section 11-401 | ||
or 11-501 of this Code,
or a similar out-of-state offense, or a | ||
similar provision of a local
ordinance, or a
statutory summary | ||
suspension or revocation under Section 11-501.1 of this Code.
| ||
(d-1) Except as provided in subsections (d-2), (d-2.5), and | ||
(d-3), any
person convicted of
a third or subsequent violation | ||
of this Section shall serve a minimum term of
imprisonment of | ||
30 days or 300 hours of community service, as determined by the
| ||
court.
| ||
(d-2) Any person convicted of a third violation of this
| ||
Section is guilty of a Class 4 felony and must serve a minimum | ||
term of
imprisonment of 30 days if the revocation or
suspension | ||
was for a violation of Section 11-401 or 11-501 of this Code,
| ||
or a similar out-of-state offense, or a similar provision of a | ||
local
ordinance, or a
statutory summary suspension or | ||
revocation under Section 11-501.1 of this Code.
|
(d-2.5) Any person convicted of a third violation of this
| ||
Section is guilty of a Class 1 felony, is not eligible for | ||
probation or conditional discharge, and must serve a mandatory | ||
term of
imprisonment if the revocation or
suspension was for a | ||
violation of Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 , relating to the offense of reckless | ||
homicide, or a similar out-of-state offense.
The person's | ||
driving privileges shall be revoked for the remainder of the | ||
person's life. | ||
(d-3) Any person convicted of a fourth, fifth, sixth, | ||
seventh, eighth, or ninth violation of this
Section is guilty | ||
of a Class 4 felony and must serve a minimum term of
| ||
imprisonment of 180 days if the revocation or suspension was | ||
for a
violation of Section 11-401 or 11-501 of this Code, or a | ||
similar out-of-state
offense, or a similar provision of a local | ||
ordinance, or a statutory
summary suspension or revocation | ||
under Section 11-501.1 of this Code.
| ||
(d-3.5) Any person convicted of a fourth or subsequent | ||
violation of this
Section is guilty of a Class 1 felony, is not | ||
eligible for probation or conditional discharge, and must serve | ||
a mandatory term of
imprisonment, and is eligible for an | ||
extended term, if the revocation or suspension was for a
| ||
violation of Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 , relating to the offense of reckless | ||
homicide, or a similar out-of-state offense.
| ||
(d-4) Any person convicted of a tenth, eleventh, twelfth, |
thirteenth, or fourteenth violation of this Section is guilty | ||
of a Class 3 felony, and is not eligible for probation or | ||
conditional discharge, if the revocation or suspension was for | ||
a violation of Section 11-401 or 11-501 of this Code, or a | ||
similar out-of-state offense, or a similar provision of a local | ||
ordinance, or a statutory summary suspension or revocation | ||
under Section 11-501.1 of this Code. | ||
(d-5) Any person convicted of a fifteenth or subsequent | ||
violation of this Section is guilty of a Class 2 felony, and is | ||
not eligible for probation or conditional discharge, if the | ||
revocation or suspension was for a violation of Section 11-401 | ||
or 11-501 of this Code, or a similar out-of-state offense, or a | ||
similar provision of a local ordinance, or a statutory summary | ||
suspension or revocation under Section 11-501.1 of this Code.
| ||
(e) Any person in violation of this Section who is also in | ||
violation of
Section 7-601 of this Code relating to mandatory | ||
insurance requirements, in
addition to other penalties imposed | ||
under this Section, shall have his or her
motor vehicle | ||
immediately impounded by the arresting law enforcement | ||
officer.
The motor vehicle may be released to any licensed | ||
driver upon a showing of
proof of insurance for the vehicle | ||
that was impounded and the notarized written
consent for the | ||
release by the vehicle owner.
| ||
(f) For any prosecution under this Section, a certified | ||
copy of the
driving abstract of the defendant shall be admitted | ||
as proof of any prior
conviction.
|
(g) The motor vehicle used in a violation of this Section | ||
is subject
to seizure and forfeiture as provided in Sections | ||
36-1 and 36-2 of the
Criminal Code of 2012 1961 if the person's | ||
driving privilege was revoked
or suspended as a result of: | ||
(1) a violation of Section 11-501 of this Code, a | ||
similar provision
of a local ordinance, or a similar | ||
provision of a law of another state; | ||
(2) a violation of paragraph (b) of Section 11-401 of | ||
this Code, a
similar provision of a local ordinance, or a | ||
similar provision of a law of another state; | ||
(3) a statutory summary suspension or revocation under | ||
Section 11-501.1 of this
Code or a similar provision of a | ||
law of another state; or | ||
(4) a violation of Section 9-3 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 relating to the offense | ||
of reckless homicide, or a similar provision of a law of | ||
another state.
| ||
(Source: P.A. 96-502, eff. 1-1-10; 96-607, eff. 8-24-09; | ||
96-1000, eff. 7-2-10; 96-1344, eff. 7-1-11; 97-984, eff. | ||
1-1-13.)
| ||
(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 F, G, H, and J.
| ||
(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 Motor Carrier Safety
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 driver | ||
applicant for a commercial driver license
who meets the | ||
requirements of 49 C.F.R. Part 383.77 and Part 383.123.
| ||
(b-1) No person shall be issued a commercial driver | ||
instruction permit or CDL unless the person certifies to the | ||
Secretary one of the following types of driving operations in | ||
which he or she will be engaged: | ||
(1) non-excepted interstate; | ||
(2) non-excepted intrastate; | ||
(3) excepted interstate; or | ||
(4) excepted intrastate. | ||
(b-2) Persons who hold a commercial driver instruction | ||
permit or CDL on January 30, 2012 must certify to the Secretary | ||
no later than January 30, 2014 one of the following applicable | ||
self-certifications: |
(1) non-excepted interstate; | ||
(2) non-excepted intrastate; | ||
(3) excepted interstate; or | ||
(4) excepted intrastate. | ||
(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;
| ||
(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 driver 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 8-1.2, | ||
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, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, | ||
11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
| ||
11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, | ||
11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | ||
11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | ||
11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | ||
11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, | ||
12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, | ||
12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, | ||
12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, |
12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, | ||
12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
| ||
20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, | ||
24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, | ||
24-3.9, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in subsection | ||
(b) of Section 8-1, and in subdivisions (a)(1), (a)(2), | ||
(b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of | ||
Section 12-3.05, and in subsection (a) and subsection (b), | ||
clause (1), of Section
12-4, and in subsection (A), clauses | ||
(a) and (b), of Section 24-3, and those offenses contained | ||
in Article 29D of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 ; (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) 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)
the offenses defined in Sections 4.1 and 5.1 | ||
of the Wrongs to Children Act or Section 11-9.1A of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 ; (vii) | ||
those offenses defined in Section 6-16 of the Liquor | ||
Control Act of
1934; and (viii) those offenses defined in |
the Methamphetamine Precursor Control Act.
| ||
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.
| ||
(c-2) The Secretary shall issue a CDL with a school bus | ||
endorsement to allow a person to drive a school bus as defined | ||
in this Section. The CDL shall be issued according to the | ||
requirements outlined in 49 C.F.R. 383. A person may not | ||
operate a school bus as defined in this Section without a | ||
school bus endorsement. The Secretary of State may adopt rules | ||
consistent with Federal guidelines to implement this | ||
subsection (c-2).
| ||
(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. 96-1182, eff. 7-22-10; 96-1551, Article 1, | ||
Section 95, eff. 7-1-11; 96-1551, Article 2, Section 1025, eff. | ||
7-1-11; 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13; 97-1109, |
eff. 1-1-13; revised 9-20-12.)
| ||
(625 ILCS 5/6-514) (from Ch. 95 1/2, par. 6-514)
| ||
Sec. 6-514. Commercial Driver's License (CDL) - | ||
Disqualifications.
| ||
(a) A person shall be disqualified from driving a | ||
commercial motor
vehicle for a period of not less than 12 | ||
months for the first violation of:
| ||
(1) Refusing to submit to or failure to complete a test | ||
or tests to
determine the driver's blood concentration of | ||
alcohol, other drug, or both,
while driving a commercial | ||
motor vehicle or, if the driver is a CDL holder, while | ||
driving a non-CMV; or
| ||
(2) Operating a commercial motor vehicle while the | ||
alcohol
concentration of the person's blood, breath or | ||
urine is at least 0.04, or any
amount of a drug, substance, | ||
or compound in the person's blood or urine
resulting from | ||
the unlawful use or consumption of cannabis listed in the
| ||
Cannabis Control Act, a controlled substance listed in the | ||
Illinois
Controlled Substances Act, or methamphetamine as | ||
listed in the Methamphetamine Control and Community | ||
Protection Act as indicated by a police officer's sworn | ||
report or
other verified evidence; or operating a | ||
non-commercial motor vehicle while the alcohol | ||
concentration of the person's blood, breath, or urine was | ||
above the legal limit defined in Section 11-501.1 or |
11-501.8 or any amount of a drug, substance, or compound in | ||
the person's blood or urine resulting from the unlawful use | ||
or consumption of cannabis listed in the Cannabis Control | ||
Act, a controlled substance listed in the Illinois | ||
Controlled Substances Act, or methamphetamine as listed in | ||
the Methamphetamine Control and Community Protection Act
| ||
as indicated by a police officer's sworn report or other | ||
verified evidence while holding a commercial driver's | ||
license; or
| ||
(3) Conviction for a first violation of:
| ||
(i) Driving a commercial motor vehicle or, if the | ||
driver is a CDL holder, driving a non-CMV while under | ||
the influence of
alcohol, or any other drug, or | ||
combination of drugs to a degree which
renders such | ||
person incapable of safely driving; or
| ||
(ii) Knowingly leaving the scene of an accident | ||
while
operating a commercial motor vehicle or, if the | ||
driver is a CDL holder, while driving a non-CMV; or
| ||
(iii) Driving a commercial motor vehicle or, if the | ||
driver is a CDL holder, driving a non-CMV while | ||
committing any felony; or | ||
(iv) Driving a commercial motor vehicle while the | ||
person's driving privileges or driver's license or | ||
permit is revoked, suspended, or cancelled or the | ||
driver is disqualified from operating a commercial | ||
motor vehicle; or |
(v) Causing a fatality through the negligent | ||
operation of a commercial motor vehicle, including but | ||
not limited to the crimes of motor vehicle | ||
manslaughter, homicide by a motor vehicle, and | ||
negligent homicide. | ||
As used in this subdivision (a)(3)(v), "motor | ||
vehicle manslaughter" means the offense of involuntary | ||
manslaughter if committed by means of a vehicle; | ||
"homicide by a motor vehicle" means the offense of | ||
first degree murder or second degree murder, if either | ||
offense is committed by means of a vehicle; and | ||
"negligent homicide" means reckless homicide under | ||
Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 and aggravated driving under the | ||
influence of alcohol, other drug or drugs, | ||
intoxicating compound or compounds, or any combination | ||
thereof under subdivision (d)(1)(F) of Section 11-501 | ||
of this Code.
| ||
If any of the above violations or refusals occurred | ||
while
transporting hazardous material(s) required to be | ||
placarded, the person
shall be disqualified for a period of | ||
not less than 3 years.
| ||
(b) A person is disqualified for life for a second | ||
conviction of any of
the offenses specified in paragraph (a), | ||
or any combination of those
offenses, arising from 2 or more | ||
separate incidents.
|
(c) A person is disqualified from driving a commercial | ||
motor vehicle for
life if the person either (i) uses a | ||
commercial motor vehicle in the commission of any felony
| ||
involving the manufacture, distribution, or dispensing of a | ||
controlled
substance, or possession with intent to | ||
manufacture, distribute or dispense
a controlled substance or | ||
(ii) if the person is a CDL holder, uses a non-CMV in the | ||
commission of a felony involving any of those activities.
| ||
(d) The Secretary of State may, when the United States | ||
Secretary of
Transportation so authorizes, issue regulations | ||
in which a disqualification
for life under paragraph (b) may be | ||
reduced to a period of not less than 10
years.
If a reinstated | ||
driver is subsequently convicted of another disqualifying
| ||
offense, as specified in subsection (a) of this Section, he or | ||
she shall be
permanently disqualified for life and shall be | ||
ineligible to again apply for a
reduction of the lifetime | ||
disqualification.
| ||
(e) A person is disqualified from driving a commercial | ||
motor vehicle for
a period of not less than 2 months if | ||
convicted of 2 serious traffic
violations, committed in a | ||
commercial motor vehicle, non-CMV while holding a CDL, or any | ||
combination thereof, arising from separate
incidents, | ||
occurring within a 3 year period, provided the serious traffic | ||
violation committed in a non-CMV would result in the suspension | ||
or revocation of the CDL holder's non-CMV privileges. However, | ||
a person will be
disqualified from driving a commercial motor |
vehicle for a period of not less
than 4 months if convicted of | ||
3 serious traffic violations, committed in a
commercial motor | ||
vehicle, non-CMV while holding a CDL, or any combination | ||
thereof, arising from separate incidents, occurring within a 3
| ||
year period, provided the serious traffic violation committed | ||
in a non-CMV would result in the suspension or revocation of | ||
the CDL holder's non-CMV privileges. If all the convictions | ||
occurred in a non-CMV, the disqualification shall be entered | ||
only if the convictions would result in the suspension or | ||
revocation of the CDL holder's non-CMV privileges.
| ||
(e-1) (Blank).
| ||
(f) Notwithstanding any other provision of this Code, any | ||
driver
disqualified from operating a commercial motor vehicle, | ||
pursuant to this
UCDLA, shall not be eligible for restoration | ||
of commercial driving
privileges during any such period of | ||
disqualification.
| ||
(g) After suspending, revoking, or cancelling a commercial | ||
driver's
license, the Secretary of State must update the | ||
driver's records to reflect
such action within 10 days. After | ||
suspending or revoking the driving privilege
of any person who | ||
has been issued a CDL or commercial driver instruction permit
| ||
from another jurisdiction, the Secretary shall originate | ||
notification to
such issuing jurisdiction within 10 days.
| ||
(h) The "disqualifications" referred to in this Section | ||
shall not be
imposed upon any commercial motor vehicle driver, | ||
by the Secretary of
State, unless the prohibited action(s) |
occurred after March 31, 1992.
| ||
(i) A person is disqualified from driving a commercial | ||
motor vehicle in
accordance with the following:
| ||
(1) For 6 months upon a first conviction of paragraph | ||
(2) of subsection
(b) or subsection (b-3) of Section 6-507 | ||
of this Code.
| ||
(2) For 2 years upon a second conviction of paragraph | ||
(2) of subsection
(b) or subsection (b-3) or any | ||
combination of paragraphs (2) or (3) of subsection (b) or | ||
subsections (b-3) or (b-5) of Section 6-507 of this Code | ||
within a 10-year period if the second conviction is a | ||
violation of paragraph (2) of subsection (b) or subsection | ||
(b-3).
| ||
(3) For 3 years upon a third or subsequent conviction | ||
of paragraph (2) of
subsection (b) or subsection (b-3) or | ||
any combination of paragraphs (2) or (3) of subsection (b) | ||
or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||
within a 10-year period if the third or subsequent | ||
conviction is a violation of paragraph (2) of subsection | ||
(b) or subsection (b-3).
| ||
(4) For one year upon a first conviction of paragraph | ||
(3) of subsection
(b) or subsection (b-5) of Section 6-507 | ||
of this Code.
| ||
(5) For 3 years upon a second conviction of paragraph | ||
(3) of subsection
(b) or subsection (b-5) or any | ||
combination of paragraphs (2) or (3) of subsection (b) or |
subsections (b-3) or (b-5) of Section 6-507 of this Code | ||
within a 10-year period if the second conviction is a | ||
violation of paragraph (3) of subsection (b) or (b-5).
| ||
(6) For 5 years upon a third or subsequent conviction | ||
of paragraph (3) of
subsection (b) or subsection (b-5) or | ||
any combination of paragraphs (2) or (3) of subsection (b) | ||
or subsections (b-3) or (b-5) of Section 6-507 of this Code | ||
within a 10-year period if the third or subsequent | ||
conviction is a violation of paragraph (3) of subsection | ||
(b) or (b-5).
| ||
(j) Disqualification for railroad-highway grade crossing
| ||
violation.
| ||
(1) General rule. A driver who is convicted of a | ||
violation of a federal,
State, or
local law or regulation | ||
pertaining to
one of the following 6 offenses at a | ||
railroad-highway grade crossing must be
disqualified
from | ||
operating a commercial motor vehicle for the period of time | ||
specified in
paragraph (2) of this subsection (j) if the | ||
offense was committed while
operating a commercial motor | ||
vehicle:
| ||
(i) For drivers who are not required to always | ||
stop, failing to
slow down and check that the tracks | ||
are clear of an approaching train or railroad track | ||
equipment, as
described in subsection (a-5) of Section | ||
11-1201 of this Code;
| ||
(ii) For drivers who are not required to always |
stop, failing to
stop before reaching the crossing, if | ||
the tracks are not clear, as described in
subsection | ||
(a) of Section 11-1201 of this Code;
| ||
(iii) For drivers who are always required to stop, | ||
failing to stop
before driving onto the crossing, as | ||
described in Section 11-1202 of this Code;
| ||
(iv) For all drivers, failing to have sufficient | ||
space to drive
completely through the crossing without | ||
stopping, as described in subsection
(b) of Section | ||
11-1425 of this Code;
| ||
(v) For all drivers, failing to obey a traffic | ||
control device or
the directions of an enforcement | ||
official at the crossing, as described in
subdivision | ||
(a)2 of Section 11-1201 of this Code;
| ||
(vi) For all drivers, failing to negotiate a | ||
crossing because of
insufficient undercarriage | ||
clearance, as described in subsection (d-1) of
Section | ||
11-1201 of this Code.
| ||
(2) Duration of disqualification for railroad-highway | ||
grade
crossing violation.
| ||
(i) First violation. A driver must be disqualified | ||
from operating a
commercial motor vehicle
for not less | ||
than 60 days if the driver is convicted of a violation | ||
described
in paragraph
(1) of this subsection (j) and, | ||
in the three-year period preceding the
conviction, the | ||
driver
had no convictions for a violation described in |
paragraph (1) of this
subsection (j).
| ||
(ii) Second violation. A driver must be | ||
disqualified from operating a
commercial
motor vehicle
| ||
for not less
than 120 days if the driver is convicted
| ||
of a violation described in paragraph (1) of this | ||
subsection (j) and, in the
three-year
period preceding | ||
the conviction, the driver had one other conviction for | ||
a
violation
described in paragraph (1) of this | ||
subsection (j) that was committed in a
separate
| ||
incident.
| ||
(iii) Third or subsequent violation. A driver must | ||
be disqualified from
operating a
commercial motor | ||
vehicle
for not less than one year if the driver is | ||
convicted
of a violation described in paragraph (1) of | ||
this subsection (j) and, in the
three-year
period | ||
preceding the conviction, the driver had 2 or more | ||
other convictions for
violations
described in | ||
paragraph (1) of this subsection (j) that were | ||
committed in
separate incidents.
| ||
(k) Upon notification of a disqualification of a driver's | ||
commercial motor vehicle privileges imposed by the U.S. | ||
Department of Transportation, Federal Motor Carrier Safety | ||
Administration, in accordance with 49 C.F.R. 383.52, the | ||
Secretary of State shall immediately record to the driving | ||
record the notice of disqualification and confirm to the driver | ||
the action that has been taken.
|
(Source: P.A. 96-544, eff. 1-1-10; 96-1080, eff. 7-16-10; | ||
96-1244, eff. 1-1-11; 97-333, eff. 8-12-11.)
| ||
(625 ILCS 5/6-708) (from Ch. 95 1/2, par. 6-708)
| ||
Sec. 6-708. Construction and Severability. (a) This | ||
compact shall be liberally construed so as to effectuate the
| ||
purposes thereof. The provisions of this compact shall be | ||
severable and if
any phrase, clause, sentence or provision of | ||
this compact is declared to be
contrary to the constitution of | ||
any party state or of the United States or
the applicability | ||
thereof to any government, agency, person or circumstance
is | ||
held invalid, the validity of the remainder of this compact and | ||
the
applicability thereof to any government, agency, person or | ||
circumstance
shall not be affected thereby. If this compact | ||
shall be held contrary to
the constitution of any state party | ||
thereto, the compact shall remain in
full force and effect as | ||
to the remaining states and in full force and
effect as to the | ||
state affected as to all severable matters.
| ||
(b) As used in the compact, the term "licensing authority" | ||
with
reference to this state, means the Secretary of State. The | ||
Secretary of
State shall furnish to the appropriate authorities | ||
of any other party state
any information or documents | ||
reasonably necessary to facilitate the
administration of | ||
Sections 6-702, 6-703 and 6-704 of the compact.
| ||
(c) The compact administrator provided for in Section 6-706 | ||
of the
compact shall not be entitled to any additional |
compensation on account of
his service as such administrator, | ||
but shall be entitled to expenses
incurred in connection with | ||
his duties and responsibilities as such
administrator, in the | ||
same manner as for expenses incurred in connection
with any | ||
other duties or responsibilities of his office or employment.
| ||
(d) As used in the compact, with reference to this state, | ||
the term
"executive head" shall mean the Governor.
| ||
(e) The phrase "manslaughter or negligent homicide," as | ||
used in
subparagraph (1) of paragraph (a) of Section 6-703 of | ||
the compact includes
the offense of reckless homicide as | ||
defined in Section 9-3 of the " Criminal
Code of 1961 or the | ||
Criminal Code of 2012 , " as heretofore or hereafter amended, or | ||
in any predecessor
statute, as well as the offenses of second | ||
degree murder and involuntary
manslaughter.
| ||
The offense described in subparagraph (2) of paragraph (a) | ||
of Section
6-703 of the compact includes any violation of | ||
Section 11-501 of this
Code or any similar provision of a local | ||
ordinance.
| ||
The offense described in subparagraph (4) of paragraph (a) | ||
of Section
6-703 of the compact includes any violation of | ||
paragraph (a) of Section
11-401 of this Code.
| ||
(Source: P.A. 85-951.)
| ||
(625 ILCS 5/11-204.1) (from Ch. 95 1/2, par. 11-204.1)
| ||
Sec. 11-204.1. Aggravated fleeing or attempting
to elude a | ||
peace
officer. |
(a) The offense of aggravated fleeing or attempting to | ||
elude a peace officer
is committed by any driver or operator of | ||
a motor vehicle who flees or attempts
to elude a peace officer, | ||
after being given a visual or audible
signal
by a peace officer | ||
in the manner prescribed in subsection (a) of
Section
11-204 of | ||
this Code, and such flight or attempt to elude:
| ||
(1) is at a rate of speed at least 21 miles per hour | ||
over the legal
speed
limit;
| ||
(2) causes bodily injury to any individual;
| ||
(3) causes damage in excess of $300 to property;
| ||
(4) involves disobedience of 2 or more official traffic | ||
control
devices; or
| ||
(5) involves the concealing or altering of the | ||
vehicle's registration plate. | ||
(b) Any person convicted of a first violation of this | ||
Section shall be
guilty of a Class 4 felony. Upon notice of | ||
such a conviction the Secretary
of State shall forthwith revoke | ||
the driver's license of the person so
convicted, as provided in | ||
Section 6-205 of this Code. Any person convicted
of a second or | ||
subsequent violation of this Section shall be guilty of a Class
| ||
3
felony,
and upon notice of such a conviction the Secretary of | ||
State shall forthwith
revoke the driver's license of the person | ||
convicted, as provided in Section
6-205 of the Code.
| ||
(c) The motor vehicle used in a violation of this Section | ||
is subject to
seizure and forfeiture as provided in Sections | ||
36-1 and 36-2 of the Criminal
Code of 2012 1961 .
|
(Source: P.A. 96-328, eff. 8-11-09; 97-743, eff. 1-1-13.)
| ||
(625 ILCS 5/11-208.7) | ||
Sec. 11-208.7. Administrative fees and procedures for | ||
impounding vehicles for specified violations. | ||
(a) Any municipality may, consistent with this Section, | ||
provide by ordinance procedures for the release of properly | ||
impounded vehicles and for the imposition of a reasonable | ||
administrative fee related to its administrative and | ||
processing costs associated with the investigation, arrest, | ||
and detention of an offender, or the removal, impoundment, | ||
storage, and release of the vehicle. The administrative fee | ||
imposed by the municipality may be in addition to any fees
| ||
charged for the towing and storage of an impounded vehicle. The | ||
administrative fee shall be waived by the municipality upon | ||
verifiable proof that the vehicle was stolen at the time the | ||
vehicle was impounded. | ||
(b) Any ordinance establishing procedures for the release | ||
of properly impounded vehicles under this Section may impose | ||
fees for the following violations: | ||
(1) operation or use of a motor vehicle in the | ||
commission of, or in the attempt to commit, an offense for | ||
which a motor vehicle may be seized and forfeited pursuant | ||
to Section 36-1 of the Criminal Code of 2012 1961 ; or | ||
(2) driving under the influence of alcohol, another | ||
drug or drugs, an intoxicating compound or compounds, or |
any combination thereof, in violation of Section 11-501 of | ||
this Code; or | ||
(3) operation or use of a motor vehicle in the | ||
commission of, or in the attempt to commit, a felony or in | ||
violation of the Cannabis Control Act; or | ||
(4) operation or use of a motor vehicle in the | ||
commission of, or in the attempt to commit, an offense in | ||
violation of the Illinois Controlled Substances Act; or | ||
(5) operation or use of a motor vehicle in the | ||
commission of, or in the attempt to commit, an offense in | ||
violation of Section 24-1, 24-1.5, or 24-3.1 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 ; or | ||
(6) driving while a driver's license, permit, or | ||
privilege to operate a motor vehicle is suspended or | ||
revoked pursuant to Section 6-303 of this Code; except that | ||
vehicles shall not be subjected to seizure or impoundment | ||
if the suspension is for an unpaid citation (parking or | ||
moving) or due to failure to comply with emission testing; | ||
or | ||
(7) operation or use of a motor vehicle while | ||
soliciting, possessing, or attempting to solicit or | ||
possess cannabis or a controlled substance, as defined by | ||
the Cannabis Control Act or the Illinois Controlled | ||
Substances Act; or | ||
(8) operation or use of a motor vehicle with an expired | ||
driver's license, in violation of Section 6-101 of this |
Code, if the period of expiration is greater than one year; | ||
or | ||
(9) operation or use of a motor vehicle without ever | ||
having been issued a driver's license or permit, in | ||
violation of Section 6-101 of this Code, or operating a | ||
motor vehicle without ever having been issued a driver's | ||
license or permit due to a person's age; or | ||
(10) operation or use of a motor vehicle by a person | ||
against whom a warrant has been issued by a circuit clerk | ||
in Illinois for failing to answer charges that the driver | ||
violated Section 6-101, 6-303, or 11-501 of this Code; or | ||
(11) operation or use of a motor vehicle in the | ||
commission of, or in the attempt to commit, an offense in | ||
violation of Article 16 or 16A of the Criminal Code of 1961 | ||
or the Criminal Code of 2012 ; or | ||
(12) operation or use of a motor vehicle in the | ||
commission of, or in the attempt to commit, any other
| ||
misdemeanor or felony offense in violation of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 , when so provided | ||
by
local ordinance. | ||
(c) The following shall apply to any fees imposed for | ||
administrative and processing costs pursuant to subsection | ||
(b): | ||
(1) All administrative fees and towing and storage | ||
charges shall be imposed on the registered owner of the | ||
motor vehicle or the agents of that owner. |
(2) The fees shall be in addition to (i) any other | ||
penalties that may be assessed by a court of law for the | ||
underlying violations; and (ii) any towing or storage fees, | ||
or both, charged by the towing company. | ||
(3) The fees shall be uniform for all similarly | ||
situated vehicles. | ||
(4) The fees shall be collected by and paid to the | ||
municipality imposing the fees. | ||
(5) The towing or storage fees, or both, shall be | ||
collected by and paid to the person, firm, or entity that | ||
tows and stores the impounded vehicle. | ||
(d) Any ordinance establishing procedures for the release | ||
of properly impounded vehicles under this Section shall provide | ||
for an opportunity for a hearing, as provided in subdivision | ||
(b)(4) of Section 11-208.3 of this Code, and for the release of | ||
the vehicle to the owner of record, lessee, or a lienholder of | ||
record upon payment of all administrative fees and towing and | ||
storage fees. | ||
(e) Any ordinance establishing procedures for the | ||
impoundment
and release of vehicles under this Section shall | ||
include the following provisions concerning notice of | ||
impoundment: | ||
(1) Whenever
a police officer has cause to believe that | ||
a motor vehicle is subject to impoundment, the officer
| ||
shall provide for the towing of the vehicle to a facility | ||
authorized by the municipality. |
(2) At the
time the vehicle is towed, the municipality | ||
shall notify or make a reasonable attempt to notify the
| ||
owner, lessee, or person identifying himself or herself as | ||
the owner or lessee of the vehicle, or any person
who is | ||
found to be in control of the vehicle at the time of the | ||
alleged offense, of the fact of the
seizure, and of the | ||
vehicle owner's or lessee's right to an administrative | ||
hearing. | ||
(3) The municipality shall
also provide notice that the | ||
motor vehicle will remain impounded pending the completion | ||
of an
administrative hearing, unless the owner or lessee of | ||
the vehicle or a lienholder posts with the
municipality a | ||
bond equal to the administrative fee as provided by | ||
ordinance and pays for all
towing and storage charges. | ||
(f) Any ordinance establishing procedures for the | ||
impoundment and
release of vehicles under this Section shall | ||
include a provision providing that the
registered owner or | ||
lessee of the vehicle and any lienholder of record shall be | ||
provided with a
notice of hearing. The notice shall: | ||
(1) be served upon the owner, lessee, and any | ||
lienholder of record either by personal service or by first | ||
class mail to the interested party's address as registered | ||
with the Secretary of State; | ||
(2) be served upon interested parties within 10 days | ||
after a vehicle is impounded by the municipality; and | ||
(3) contain the date, time, and location of the |
administrative hearing. An
initial hearing shall be | ||
scheduled and convened no later than 45 days after the date | ||
of
the mailing of the notice of hearing. | ||
(g) In addition to the requirements contained in
| ||
subdivision (b)(4) of Section 11-208.3 of this Code relating to | ||
administrative hearings, any ordinance providing for the | ||
impoundment
and release of vehicles under this Section shall | ||
include the following requirements concerning administrative | ||
hearings: | ||
(1) administrative hearings shall be conducted by a | ||
hearing officer who is an attorney licensed to practice law | ||
in this State for a minimum of 3 years; | ||
(2) at the conclusion of the administrative hearing, | ||
the hearing officer shall issue
a written decision either | ||
sustaining or overruling the vehicle impoundment; | ||
(3) if the basis for the vehicle
impoundment is | ||
sustained by the administrative hearing officer, any | ||
administrative fee posted to
secure the release of the | ||
vehicle shall be forfeited to the municipality; | ||
(4) all final decisions of the administrative hearing | ||
officer shall be subject to
review under the provisions of | ||
the Administrative Review Law; and | ||
(5) unless the administrative hearing
officer | ||
overturns the basis for the vehicle impoundment, no vehicle | ||
shall be released to the owner, lessee, or lienholder of | ||
record until
all administrative fees and towing and storage |
charges are paid. | ||
(h) Vehicles not retrieved from the towing facility or | ||
storage facility
within 35 days after the administrative | ||
hearing officer issues a written decision shall be deemed | ||
abandoned and disposed of in accordance with the provisions of | ||
Article II of Chapter
4 of this Code. | ||
(i) Unless stayed by a court of competent jurisdiction, any | ||
fine, penalty, or administrative fee imposed under this
Section | ||
which remains unpaid in whole or in part after the expiration | ||
of the deadline for seeking judicial
review under the | ||
Administrative Review Law may be enforced in the same manner as | ||
a judgment entered by a court of
competent jurisdiction.
| ||
(Source: P.A. 97-109, eff. 1-1-12.) | ||
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501) | ||
Sec. 11-501. Driving while under the influence of alcohol, | ||
other drug or drugs, intoxicating compound or compounds or any | ||
combination thereof.
| ||
(a) A person shall not drive or be in actual physical | ||
control of any vehicle within this State while: | ||
(1) the alcohol concentration in the person's blood or | ||
breath is 0.08 or more based on the definition of blood and | ||
breath units in Section 11-501.2; | ||
(2) under the influence of alcohol; | ||
(3) under the influence of any intoxicating compound or | ||
combination of intoxicating compounds to a degree that |
renders the person incapable of driving safely; | ||
(4) under the influence of any other drug or | ||
combination of drugs to a degree that renders the person | ||
incapable of safely driving; | ||
(5) under the combined influence of alcohol, other drug | ||
or drugs, or intoxicating compound or compounds to a degree | ||
that renders the person incapable of safely driving; or | ||
(6) there is any amount of a drug, substance, or | ||
compound in the person's breath, blood, or urine resulting | ||
from the unlawful use or consumption of cannabis listed in | ||
the Cannabis Control Act, a controlled substance listed in | ||
the Illinois Controlled Substances Act, an intoxicating | ||
compound listed in the Use of Intoxicating Compounds Act, | ||
or methamphetamine as listed in the Methamphetamine | ||
Control and Community Protection Act.
| ||
(b) The fact that any person charged with violating this | ||
Section is or has been legally entitled to use alcohol, other | ||
drug or drugs, or intoxicating compound or compounds, or any | ||
combination thereof, shall not constitute a defense against any | ||
charge of violating this Section. | ||
(c) Penalties. | ||
(1) Except as otherwise provided in this Section, any | ||
person convicted of violating subsection (a) of this | ||
Section is guilty of a Class A misdemeanor. | ||
(2) A person who violates subsection (a) or a similar | ||
provision a second time shall be sentenced to a mandatory |
minimum term of either 5 days of imprisonment or 240 hours | ||
of community service in addition to any other criminal or | ||
administrative sanction. | ||
(3) A person who violates subsection (a) is subject to | ||
6 months of imprisonment, an additional mandatory minimum | ||
fine of $1,000, and 25 days of community service in a | ||
program benefiting children if the person was transporting | ||
a person under the age of 16 at the time of the violation. | ||
(4) A person who violates subsection (a) a first time, | ||
if the alcohol concentration in his or her blood, breath, | ||
or urine was 0.16 or more based on the definition of blood, | ||
breath, or urine units in Section 11-501.2, shall be | ||
subject, in addition to any other penalty that may be | ||
imposed, to a mandatory minimum of 100 hours of community | ||
service and a mandatory minimum fine of $500. | ||
(5) A person who violates subsection (a) a second time, | ||
if at the time of the second violation the alcohol | ||
concentration in his or her blood, breath, or urine was | ||
0.16 or more based on the definition of blood, breath, or | ||
urine units in Section 11-501.2, shall be subject, in | ||
addition to any other penalty that may be imposed, to a | ||
mandatory minimum of 2 days of imprisonment and a mandatory | ||
minimum fine of $1,250. | ||
(d) Aggravated driving under the influence of alcohol, | ||
other drug or drugs, or intoxicating compound or compounds, or | ||
any combination thereof.
|
(1) Every person convicted of committing a violation of | ||
this Section shall be guilty of aggravated driving under | ||
the influence of alcohol, other drug or drugs, or | ||
intoxicating compound or compounds, or any combination | ||
thereof if: | ||
(A) the person committed a violation of subsection | ||
(a) or a similar provision for the third or subsequent | ||
time; | ||
(B) the person committed a violation of subsection | ||
(a) while driving a school bus with persons 18 years of | ||
age or younger on board; | ||
(C) the person in committing a violation of | ||
subsection (a) was involved in a motor vehicle accident | ||
that resulted in great bodily harm or permanent | ||
disability or disfigurement to another, when the | ||
violation was a proximate cause of the injuries; | ||
(D) the person committed a violation of subsection | ||
(a) and has been previously convicted of violating | ||
Section 9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 or a similar provision of a law | ||
of another state relating to reckless homicide in which | ||
the person was determined to have been under the | ||
influence of alcohol, other drug or drugs, or | ||
intoxicating compound or compounds as an element of the | ||
offense or the person has previously been convicted | ||
under subparagraph (C) or subparagraph (F) of this |
paragraph (1); | ||
(E) the person, in committing a violation of | ||
subsection (a) while driving at any speed in a school | ||
speed zone at a time when a speed limit of 20 miles per | ||
hour was in effect under subsection (a) of Section | ||
11-605 of this Code, was involved in a motor vehicle | ||
accident that resulted in bodily harm, other than great | ||
bodily harm or permanent disability or disfigurement, | ||
to another person, when the violation of subsection (a) | ||
was a proximate cause of the bodily harm; | ||
(F) the person, in committing a violation of | ||
subsection (a), was involved in a motor vehicle, | ||
snowmobile, all-terrain vehicle, or watercraft | ||
accident that resulted in the death of another person, | ||
when the violation of subsection (a) was a proximate | ||
cause of the death; | ||
(G) the person committed a violation of subsection | ||
(a) during a period in which the defendant's driving | ||
privileges are revoked or suspended, where the | ||
revocation or suspension was for a violation of | ||
subsection (a) or a similar provision, Section | ||
11-501.1, paragraph (b) of Section 11-401, or for | ||
reckless homicide as defined in Section 9-3 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 ; | ||
(H) the person committed the violation while he or | ||
she did not possess a driver's license or permit or a |
restricted driving permit or a judicial driving permit | ||
or a monitoring device driving permit; | ||
(I) the person committed the violation while he or | ||
she knew or should have known that the vehicle he or | ||
she was driving was not covered by a liability | ||
insurance policy; | ||
(J) the person in committing a violation of | ||
subsection (a) was involved in a motor vehicle accident | ||
that resulted in bodily harm, but not great bodily | ||
harm, to the child under the age of 16 being | ||
transported by the person, if the violation was the | ||
proximate cause of the injury; or | ||
(K) the person in committing a second violation of | ||
subsection (a) or a similar provision was transporting | ||
a person under the age of 16. | ||
(2)(A) Except as provided otherwise, a person | ||
convicted of aggravated driving under the influence of | ||
alcohol, other drug or drugs, or intoxicating compound or | ||
compounds, or any combination thereof is guilty of a Class | ||
4 felony. | ||
(B) A third violation of this Section or a similar | ||
provision is a Class 2 felony. If at the time of the third | ||
violation the alcohol concentration in his or her blood, | ||
breath, or urine was 0.16 or more based on the definition | ||
of blood, breath, or urine units in Section 11-501.2, a | ||
mandatory minimum of 90 days of imprisonment and a |
mandatory minimum fine of $2,500 shall be imposed in | ||
addition to any other criminal or administrative sanction. | ||
If at the time of the third violation, the defendant was | ||
transporting a person under the age of 16, a mandatory fine | ||
of $25,000 and 25 days of community service in a program | ||
benefiting children shall be imposed in addition to any | ||
other criminal or administrative sanction. | ||
(C) A fourth violation of this Section or a similar | ||
provision is a Class 2 felony, for which a sentence of | ||
probation or conditional discharge may not be imposed. If | ||
at the time of the violation, the alcohol concentration in | ||
the defendant's blood, breath, or urine was 0.16 or more | ||
based on the definition of blood, breath, or urine units in | ||
Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||
be imposed in addition to any other criminal or | ||
administrative sanction. If at the time of the fourth | ||
violation, the defendant was transporting a person under | ||
the age of 16 a mandatory fine of $25,000 and 25 days of | ||
community service in a program benefiting children shall be | ||
imposed in addition to any other criminal or administrative | ||
sanction. | ||
(D) A fifth violation of this Section or a similar | ||
provision is a Class 1 felony, for which a sentence of | ||
probation or conditional discharge may not be imposed. If | ||
at the time of the violation, the alcohol concentration in | ||
the defendant's blood, breath, or urine was 0.16 or more |
based on the definition of blood, breath, or urine units in | ||
Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||
be imposed in addition to any other criminal or | ||
administrative sanction. If at the time of the fifth | ||
violation, the defendant was transporting a person under | ||
the age of 16, a mandatory fine of $25,000, and 25 days of | ||
community service in a program benefiting children shall be | ||
imposed in addition to any other criminal or administrative | ||
sanction. | ||
(E) A sixth or subsequent violation of this Section or | ||
similar provision is a Class X felony. If at the time of | ||
the violation, the alcohol concentration in the | ||
defendant's blood, breath, or urine was 0.16 or more based | ||
on the definition of blood, breath, or urine units in | ||
Section 11-501.2, a mandatory minimum fine of $5,000 shall | ||
be imposed in addition to any other criminal or | ||
administrative sanction. If at the time of the violation, | ||
the defendant was transporting a person under the age of | ||
16, a mandatory fine of $25,000 and 25 days of community | ||
service in a program benefiting children shall be imposed | ||
in addition to any other criminal or administrative | ||
sanction. | ||
(F) For a violation of subparagraph (C) of paragraph | ||
(1) of this subsection (d), the defendant, if sentenced to | ||
a term of imprisonment, shall be sentenced to not less than | ||
one year nor more than 12 years. |
(G) A violation of subparagraph (F) of paragraph (1) of | ||
this subsection (d) is a Class 2 felony, for which the | ||
defendant, unless the court determines that extraordinary | ||
circumstances exist and require probation, shall be | ||
sentenced to: (i) a term of imprisonment of not less than 3 | ||
years and not more than 14 years if the violation resulted | ||
in the death of one person; or (ii) a term of imprisonment | ||
of not less than 6 years and not more than 28 years if the | ||
violation resulted in the deaths of 2 or more persons. | ||
(H) For a violation of subparagraph (J) of paragraph | ||
(1) of this subsection (d), a mandatory fine of $2,500, and | ||
25 days of community service in a program benefiting | ||
children shall be imposed in addition to any other criminal | ||
or administrative sanction. | ||
(I) A violation of subparagraph (K) of paragraph (1) of | ||
this subsection (d), is a Class 2 felony and a mandatory | ||
fine of $2,500, and 25 days of community service in a | ||
program benefiting children shall be imposed in addition to | ||
any other criminal or administrative sanction. If the child | ||
being transported suffered bodily harm, but not great | ||
bodily harm, in a motor vehicle accident, and the violation | ||
was the proximate cause of that injury, a mandatory fine of | ||
$5,000 and 25 days of community service in a program | ||
benefiting children shall be imposed in addition to any | ||
other criminal or administrative sanction. | ||
(J) A violation of subparagraph (D) of paragraph (1) of |
this subsection (d) is a Class 3 felony, for which a | ||
sentence of probation or conditional discharge may not be | ||
imposed. | ||
(3) Any person sentenced under this subsection (d) who | ||
receives a term of probation or conditional discharge must | ||
serve a minimum term of either 480 hours of community | ||
service or 10 days of imprisonment as a condition of the | ||
probation or conditional discharge in addition to any other | ||
criminal or administrative sanction. | ||
(e) Any reference to a prior violation of subsection (a) or | ||
a similar provision includes any violation of a provision of a | ||
local ordinance or a provision of a law of another state or an | ||
offense committed on a military installation that is similar to | ||
a violation of subsection (a) of this Section. | ||
(f) The imposition of a mandatory term of imprisonment or | ||
assignment of community service for a violation of this Section | ||
shall not be suspended or reduced by the court. | ||
(g) Any penalty imposed for driving with a license that has | ||
been revoked for a previous violation of subsection (a) of this | ||
Section shall be in addition to the penalty imposed for any | ||
subsequent violation of subsection (a). | ||
(h) For any prosecution under this Section, a certified | ||
copy of the driving abstract of the defendant shall be admitted | ||
as proof of any prior conviction.
| ||
(Source: P.A. 95-149, eff. 8-14-07; 95-355, eff. 1-1-08; | ||
95-400, eff. 1-1-09; 95-578, eff. 6-1-08; 95-778, eff. 8-4-08; |
95-876, eff. 8-21-08; 96-289, eff. 8-11-09.)
| ||
(625 ILCS 5/11-501.1)
| ||
Sec. 11-501.1. Suspension of drivers license; statutory | ||
summary
alcohol, other drug or drugs, or intoxicating compound | ||
or
compounds related suspension or revocation; implied | ||
consent. | ||
(a) Any person who drives or is in actual physical control | ||
of a motor
vehicle upon the public highways of this State shall | ||
be deemed to have given
consent, subject to the provisions of | ||
Section 11-501.2, to a chemical test or
tests of blood, breath, | ||
or urine for the purpose of determining the content of
alcohol, | ||
other drug or drugs, or intoxicating compound or compounds or
| ||
any combination thereof in the person's blood if arrested,
as | ||
evidenced by the issuance of a Uniform Traffic Ticket, for any | ||
offense
as defined in Section 11-501 or a similar provision of | ||
a local ordinance, or if arrested for violating Section 11-401.
| ||
If a law enforcement officer has probable cause to believe the | ||
person was under the influence of alcohol, other drug or drugs, | ||
intoxicating compound or compounds, or any combination | ||
thereof, the law enforcement officer shall request a chemical | ||
test or tests which shall be administered at the direction of | ||
the arresting
officer. The law enforcement agency employing the | ||
officer shall designate which
of the aforesaid tests shall be | ||
administered. A urine test may be administered
even after a | ||
blood or breath test or both has
been administered. For |
purposes of this Section, an Illinois law
enforcement officer | ||
of this State who is investigating the person for any
offense | ||
defined in Section 11-501 may travel into an adjoining state, | ||
where
the person has been transported for medical care, to | ||
complete an
investigation and to request that the person submit | ||
to the test or tests
set forth in this Section. The | ||
requirements of this Section that the
person be arrested are | ||
inapplicable, but the officer shall issue the person
a Uniform | ||
Traffic Ticket for an offense as defined in Section 11-501 or a
| ||
similar provision of a local ordinance prior to requesting that | ||
the person
submit to the test or tests. The issuance of the | ||
Uniform Traffic Ticket
shall not constitute an arrest, but | ||
shall be for the purpose of notifying
the person that he or she | ||
is subject to the provisions of this Section and
of the | ||
officer's belief of the existence of probable cause to
arrest. | ||
Upon returning to this State, the officer shall file the | ||
Uniform
Traffic Ticket with the Circuit Clerk of the county | ||
where the offense was
committed, and shall seek the issuance of | ||
an arrest warrant or a summons
for the person. | ||
(b) Any person who is dead, unconscious, or who is | ||
otherwise in a condition
rendering the person incapable of | ||
refusal, shall be deemed not to have
withdrawn the consent | ||
provided by paragraph (a) of this Section and the test or
tests | ||
may be administered, subject to the provisions of Section | ||
11-501.2. | ||
(c) A person requested to submit to a test as provided |
above shall
be warned by the law enforcement officer requesting | ||
the test that a
refusal to submit to the test will result in | ||
the statutory summary
suspension of the person's privilege to | ||
operate a motor vehicle, as provided
in Section 6-208.1 of this | ||
Code, and will also result in the disqualification of the | ||
person's privilege to operate a commercial motor vehicle, as | ||
provided in Section 6-514 of this Code, if the person is a CDL | ||
holder. The person shall also be warned that a refusal to | ||
submit to the test, when the person was involved in a motor | ||
vehicle accident that caused personal injury or death to | ||
another, will result in the statutory summary revocation of the | ||
person's privilege to operate a motor vehicle, as provided in | ||
Section 6-208.1, and will also result in the disqualification | ||
of the person's privilege to operate a commercial motor | ||
vehicle, as provided in Section 6-514 of this Code, if the | ||
person is a CDL holder. The person shall also be warned by the | ||
law
enforcement officer that if the person submits to the test | ||
or tests
provided in paragraph (a) of this Section and the | ||
alcohol concentration in
the person's blood or breath is 0.08 | ||
or greater, or any amount of
a
drug, substance, or compound | ||
resulting from the unlawful use or consumption
of cannabis as | ||
covered by the Cannabis Control Act, a controlled
substance
| ||
listed in the Illinois Controlled Substances Act, an | ||
intoxicating compound
listed in the Use of Intoxicating | ||
Compounds Act, or methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection Act is |
detected in the person's
blood or urine, a statutory summary | ||
suspension of the person's privilege to
operate a motor | ||
vehicle, as provided in Sections 6-208.1 and 11-501.1 of this
| ||
Code, and a disqualification of
the person's privilege to | ||
operate a commercial motor vehicle, as provided in Section | ||
6-514 of this Code, if the person is a CDL holder, will be | ||
imposed. | ||
A person who is under the age of 21 at the time the person | ||
is requested to
submit to a test as provided above shall, in | ||
addition to the warnings provided
for in this Section, be | ||
further warned by the law enforcement officer
requesting the | ||
test that if the person submits to the test or tests provided | ||
in
paragraph (a) of this Section and the alcohol concentration | ||
in the person's
blood or breath is greater than 0.00 and less | ||
than 0.08, a
suspension of the
person's privilege to operate a | ||
motor vehicle, as provided under Sections
6-208.2 and 11-501.8 | ||
of this Code, will be imposed. The results of this test
shall | ||
be admissible in a civil or criminal action or proceeding | ||
arising from an
arrest for an offense as defined in Section | ||
11-501 of this Code or a similar
provision of a local ordinance | ||
or pursuant to Section 11-501.4 in prosecutions
for reckless | ||
homicide brought under the Criminal Code of 1961 or the | ||
Criminal Code of 2012 . These test
results, however, shall be | ||
admissible only in actions or proceedings directly
related to | ||
the incident upon which the test request was made. | ||
(d) If the person refuses testing or submits to a test that |
discloses
an alcohol concentration of 0.08 or more, or any | ||
amount of a drug,
substance, or intoxicating compound in the | ||
person's breath, blood,
or urine resulting from the
unlawful | ||
use or consumption of cannabis listed in the Cannabis Control | ||
Act, a controlled substance listed in the Illinois Controlled | ||
Substances
Act, an intoxicating compound listed in the Use of | ||
Intoxicating Compounds
Act, or methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection Act, the law | ||
enforcement officer shall immediately submit a sworn report to
| ||
the
circuit court of venue and the Secretary of State, | ||
certifying that the test or
tests was or were requested under | ||
paragraph (a) and the person refused to
submit to a test, or | ||
tests, or submitted to testing that disclosed an alcohol
| ||
concentration of 0.08 or more. | ||
(e) Upon receipt of the sworn report of a law enforcement | ||
officer
submitted under paragraph (d), the Secretary of State | ||
shall enter the
statutory summary suspension or revocation and | ||
disqualification for the periods specified in Sections
6-208.1 | ||
and 6-514, respectively,
and effective as provided in paragraph | ||
(g). | ||
If the person is a first offender as defined in Section | ||
11-500 of this
Code, and is not convicted of a violation of | ||
Section 11-501
of this Code or a similar provision of a local | ||
ordinance, then reports
received by the Secretary of State | ||
under this Section shall, except during
the actual time the | ||
Statutory Summary Suspension is in effect, be
privileged |
information and for use only by the courts, police officers,
| ||
prosecuting authorities or the Secretary of State, unless the | ||
person is a CDL holder, is operating a commercial motor vehicle | ||
or vehicle required to be placarded for hazardous materials, in | ||
which case the suspension shall not be privileged. Reports | ||
received by the Secretary of State under this Section shall | ||
also be made available to the parent or guardian of a person | ||
under the age of 18 years that holds an instruction permit or a | ||
graduated driver's license, regardless of whether the | ||
statutory summary suspension is in effect. A statutory summary | ||
revocation shall not be privileged information. | ||
(f) The law enforcement officer submitting the sworn report | ||
under paragraph
(d) shall serve immediate notice of the | ||
statutory summary suspension or revocation on the
person and | ||
the suspension or revocation and disqualification shall be | ||
effective as provided in paragraph (g). In
cases where the | ||
blood alcohol concentration of 0.08 or greater or
any amount of
| ||
a drug, substance, or compound resulting from the unlawful use | ||
or consumption
of cannabis as covered by the Cannabis Control | ||
Act, a controlled
substance
listed in the Illinois Controlled | ||
Substances Act,
an intoxicating compound
listed in the Use of | ||
Intoxicating Compounds Act, or methamphetamine as listed in the | ||
Methamphetamine Control and Community Protection Act is | ||
established by a
subsequent
analysis of blood or urine | ||
collected at the time of arrest, the arresting
officer or | ||
arresting agency shall give notice as provided in this Section |
or by
deposit in the United States mail of the notice in an | ||
envelope with postage
prepaid and addressed to the person at | ||
his address as shown on the Uniform
Traffic Ticket and the | ||
statutory summary suspension and disqualification shall begin | ||
as provided in
paragraph (g). The officer shall confiscate any | ||
Illinois driver's license or
permit on the person at the time | ||
of arrest. If the person has a valid driver's
license or | ||
permit, the officer shall issue the person a receipt, in
a form | ||
prescribed by the Secretary of State, that will allow that | ||
person
to drive during the periods provided for in paragraph | ||
(g). The officer
shall immediately forward the driver's license | ||
or permit to the circuit
court of venue along with the sworn | ||
report provided for in
paragraph (d). | ||
(g) The statutory summary suspension or revocation and | ||
disqualification
referred to in this Section shall
take effect | ||
on the 46th day following the date the notice of the statutory
| ||
summary suspension or revocation was given to the person. | ||
(h) The following procedure shall apply
whenever a person | ||
is arrested for any offense as defined in Section 11-501
or a | ||
similar provision of a local ordinance: | ||
Upon receipt of the sworn report from the law enforcement | ||
officer,
the Secretary of State shall confirm the statutory | ||
summary suspension or revocation by
mailing a notice of the | ||
effective date of the suspension or revocation to the person | ||
and
the court of venue. The Secretary of State shall also mail | ||
notice of the effective date of the disqualification to the |
person. However, should the sworn report be defective by not
| ||
containing sufficient information or be completed in error, the
| ||
confirmation of the statutory summary suspension or revocation | ||
shall not be mailed to the
person or entered to the record; | ||
instead, the sworn report shall
be
forwarded to the court of | ||
venue with a copy returned to the issuing agency
identifying | ||
any defect. | ||
(i) As used in this Section, "personal injury" includes any | ||
Type A injury as indicated on the traffic accident report | ||
completed by a law enforcement officer that requires immediate | ||
professional attention in either a doctor's office or a medical | ||
facility. A Type A injury includes severely bleeding wounds, | ||
distorted extremities, and injuries that require the injured | ||
party to be carried from the scene. | ||
(Source: P.A. 96-1080, eff. 7-16-10; 96-1344, eff. 7-1-11; | ||
97-333, eff. 8-12-11; 97-471, eff. 8-22-11.)
| ||
(625 ILCS 5/11-501.4) (from Ch. 95 1/2, par. 11-501.4)
| ||
Sec. 11-501.4.
Admissibility of chemical tests of blood or | ||
urine conducted in
the regular course of providing emergency | ||
medical treatment.
| ||
(a) Notwithstanding any other provision of law, the results | ||
of
blood or urine tests performed for the purpose of | ||
determining the content of alcohol,
other drug or drugs, or | ||
intoxicating compound or compounds, or any
combination | ||
thereof, of an individual's blood or urine conducted upon |
persons
receiving
medical treatment in a hospital emergency | ||
room are admissible in evidence as a
business record exception | ||
to the hearsay rule only in prosecutions for any
violation of | ||
Section 11-501 of this Code or a similar provision of a local
| ||
ordinance, or in prosecutions for reckless homicide brought | ||
under the Criminal
Code of 1961 or the Criminal Code of 2012 , | ||
when each of the following criteria are met:
| ||
(1) the chemical tests performed upon an individual's | ||
blood or urine were ordered
in the
regular course of | ||
providing emergency medical treatment and not at the
| ||
request of law enforcement authorities;
| ||
(2) the chemical tests performed upon an individual's | ||
blood or urine were performed
by the laboratory routinely | ||
used by the hospital; and
| ||
(3) results of chemical tests performed upon an | ||
individual's blood or urine are
admissible into evidence | ||
regardless of the time that the records were
prepared.
| ||
(b) The confidentiality provisions of law pertaining to | ||
medical records
and medical treatment shall not be applicable | ||
with regard to chemical tests
performed upon an individual's | ||
blood or urine under the provisions of this Section in
| ||
prosecutions as specified in subsection (a) of this Section. No | ||
person shall
be liable for civil damages as a result of the | ||
evidentiary use of chemical
testing of an individual's blood or | ||
urine test results under this Section, or as a
result of that | ||
person's testimony made available under this Section.
|
(Source: P.A. 96-289, eff. 8-11-09.)
| ||
(625 ILCS 5/11-501.4-1)
| ||
Sec. 11-501.4-1.
Reporting of test results of blood or | ||
urine conducted in
the regular course of providing emergency | ||
medical treatment.
| ||
(a) Notwithstanding any other provision of law, the results | ||
of blood or
urine
tests performed for the purpose of | ||
determining the content of alcohol, other
drug or drugs, or | ||
intoxicating compound or compounds, or any combination
| ||
thereof, in an individual's blood or urine conducted upon | ||
persons
receiving medical treatment in a hospital emergency | ||
room for injuries resulting
from a motor vehicle accident shall | ||
be disclosed
to the Department
of State Police
or local law | ||
enforcement agencies of jurisdiction, upon request.
Such blood | ||
or urine tests are admissible in evidence as a business record
| ||
exception to the hearsay rule only in prosecutions for any | ||
violation of Section
11-501 of this Code or a similar provision | ||
of a local ordinance, or in
prosecutions for reckless homicide | ||
brought under the Criminal Code of 1961 or the Criminal Code of | ||
2012 .
| ||
(b) The confidentiality provisions of law pertaining to | ||
medical records and
medical treatment shall not be applicable | ||
with regard to tests performed upon
an
individual's blood or | ||
urine under the provisions of subsection (a) of this
Section. | ||
No person shall be liable for civil damages or professional |
discipline
as a result of the disclosure or reporting of the | ||
tests or the evidentiary
use of an
individual's blood or urine | ||
test results under this Section or Section 11-501.4
or as a | ||
result of that person's testimony made available under this | ||
Section or
Section 11-501.4, except for willful or wanton | ||
misconduct.
| ||
(Source: P.A. 90-779, eff. 1-1-99; 91-125, eff. 1-1-00.)
| ||
(625 ILCS 5/12-612)
| ||
Sec. 12-612. False or secret compartment in a vehicle.
| ||
(a) Offenses. It is unlawful for any person: | ||
(1) to own or operate with criminal intent any
vehicle | ||
he or
she knows to contain a false or secret compartment | ||
that is used or has been used to conceal a firearm as | ||
prohibited by paragraph (a)(4) of Section 24-1 or paragraph | ||
(a)(1) of Section 24-1.6 of the Criminal Code of 2012 1961 , | ||
or controlled substance as prohibited by the Illinois | ||
Controlled Substances Act or the Methamphetamine Control | ||
and Community Protection Act; or | ||
(2) to install, create, build, or fabricate in any | ||
vehicle a false
or secret compartment knowing that another | ||
person intends to use the compartment to conceal a firearm | ||
as prohibited by paragraph (a)(4) of Section 24-1 of the | ||
Criminal Code of 2012 1961 , or controlled substance as | ||
prohibited by the Illinois Controlled Substances Act or the | ||
Methamphetamine Control and Community Protection Act.
|
(b) Definitions. For purposes of this Section: | ||
(1) "False or secret
compartment" means an enclosure | ||
integrated into a vehicle that is a modification of the | ||
vehicle as built by the original manufacturer. | ||
(2) "Vehicle" means any of the following vehicles | ||
without regard to whether the vehicles are private or | ||
commercial, including, but not limited to, cars, trucks, | ||
buses, aircraft, and watercraft.
| ||
(c) Forfeiture. Any vehicle containing a false or secret | ||
compartment used in violation of this Section,
as well as any | ||
items within that compartment, shall be subject to seizure by
| ||
the Department of State Police or by any municipal or other | ||
local law
enforcement agency within whose jurisdiction that | ||
property is found as provided
in Sections 36-1 and 36-2 of the | ||
Criminal Code of 2012 1961 (720 ILCS 5/36-1 and
5/36-2). The | ||
removal of the false or secret compartment from the
vehicle, or | ||
the promise to do so, shall not be the basis for a defense to
| ||
forfeiture of the motor vehicle under Section 36-2 of the | ||
Criminal Code of 2012 1961
and shall not be the basis for the | ||
court to release the vehicle to the owner.
| ||
(d) Sentence. A violation of this Section is a Class 4 | ||
felony. The sentence imposed for violation of this Section | ||
shall be served consecutively to any other sentence imposed in | ||
connection with the firearm, controlled substance, or other | ||
contraband concealed in the false or secret compartment. | ||
(e) For purposes of this Section, a new owner is not |
responsible for any conduct that occurred or knowledge of | ||
conduct that occurred prior to transfer of title.
| ||
(Source: P.A. 96-202, eff. 1-1-10.)
| ||
(625 ILCS 5/16-108)
| ||
Sec. 16-108. Claims of diplomatic immunity.
| ||
(a) This Section applies only to an individual that | ||
displays to a police
officer a
driver's license issued by the | ||
U.S. Department of State or that otherwise
claims
immunities or | ||
privileges under Title 22, Chapter 6 of the United States Code
| ||
with
respect to the individual's violation of Section 9-3 or | ||
Section 9-3.2 of the
Criminal Code
of 2012 1961 or his or her | ||
violation of a traffic regulation governing the movement
of | ||
vehicles
under this Code or a similar provision of a local | ||
ordinance.
| ||
(b) If a driver subject to this Section is stopped by a | ||
police officer that
has
probable cause to believe that the | ||
driver has committed a violation described
in
subsection (a) of | ||
this Section, the police officer shall:
| ||
(1) as soon as practicable contact the U.S. Department | ||
of State office in
order to verify the driver's status and | ||
immunity, if any;
| ||
(2) record all relevant information from any driver's | ||
license or
identification card, including a driver's | ||
license or identification card issued
by the
U.S. | ||
Department of State; and
|
(3) within 5 workdays after the date of the stop, | ||
forward the following to
the Secretary of State of | ||
Illinois:
| ||
(A) a vehicle accident report, if the driver was | ||
involved in a vehicle
accident;
| ||
(B) if a citation or charge was issued to the | ||
driver, a copy of the
citation or charge; and
| ||
(C) if a citation or charge was not issued to the | ||
driver, a written
report of the incident.
| ||
(c) Upon receiving material submitted under paragraph (3) | ||
of subsection (b)
of
this Section, the Secretary of State | ||
shall:
| ||
(1) file each vehicle accident report, citation or | ||
charge, and incident
report
received;
| ||
(2) keep convenient records or make suitable notations | ||
showing each:
| ||
(A) conviction;
| ||
(B) disposition of court supervision for any | ||
violation of Section 11-501
of this Code; and
| ||
(C) vehicle accident; and
| ||
(3) send a copy of each document and record described | ||
in paragraph (2) of
this subsection (c) to the Bureau of | ||
Diplomatic Security, Office of Foreign
Missions, of the | ||
U.S. Department of State.
| ||
(d) This Section does not prohibit or limit the application | ||
of any law to a
criminal
or motor vehicle violation by an |
individual who has or claims immunities or
privileges
under | ||
Title 22, Chapter 6 of the United States Code.
| ||
(Source: P.A. 92-160, eff. 7-25-01.)
| ||
Section 580. The Snowmobile Registration and Safety Act is | ||
amended by changing Sections 5-7.4 and 5-7.6 as follows:
| ||
(625 ILCS 40/5-7.4)
| ||
Sec. 5-7.4.
Admissibility of chemical tests of blood or | ||
urine conducted in the
regular course of providing emergency | ||
medical treatment.
| ||
(a) Notwithstanding any other provision of law, the results | ||
of
blood or urine tests performed for the purpose of | ||
determining the content of
alcohol, other drug or drugs, | ||
intoxicating compound or compounds, or any
combination of them | ||
in an individual's blood or urine conducted upon persons | ||
receiving
medical treatment in a
hospital
emergency room, are | ||
admissible in evidence as a business record exception
to the
| ||
hearsay rule only in prosecutions for a violation of Section | ||
5-7 of this
Act or a similar provision of a local ordinance or | ||
in prosecutions for reckless
homicide brought under the | ||
Criminal Code of 1961 or the Criminal Code of 2012 .
| ||
The results of the tests are admissible only when
each of | ||
the following criteria are met:
| ||
1. The chemical tests performed upon an individual's | ||
blood or urine were
ordered
in the
regular course of |
providing emergency treatment and not at the request of law
| ||
enforcement authorities; and
| ||
2. The chemical tests performed upon an individual's | ||
blood or urine were
performed by the
laboratory routinely | ||
used by the hospital.
| ||
3. (Blank).
| ||
Results of chemical tests performed upon an individual's | ||
blood or urine
are
admissible into evidence regardless of the | ||
time that the records were
prepared.
| ||
(b) The confidentiality provisions of law pertaining to | ||
medical records and
medical treatment are not applicable with | ||
regard to chemical tests
performed upon a person's blood or | ||
urine under the provisions of this
Section in prosecutions as | ||
specified in
subsection (a) of this Section. No person
shall be | ||
liable for civil damages as
a result of the evidentiary use of | ||
the results of chemical testing of the
individual's blood or | ||
urine under this
Section or as a result of that person's | ||
testimony made available under this
Section.
| ||
(Source: P.A. 96-289, eff. 8-11-09.)
| ||
(625 ILCS 40/5-7.6)
| ||
Sec. 5-7.6.
Reporting of test results of blood or urine | ||
conducted in the
regular course of providing emergency medical | ||
treatment.
| ||
(a) Notwithstanding any other provision of law, the results | ||
of blood or
urine tests performed for the purpose of |
determining the content of alcohol,
other drug or drugs, | ||
intoxicating compound or compounds, or any combination
of them | ||
in an individual's blood or
urine, conducted upon persons | ||
receiving medical treatment in a hospital
emergency room for | ||
injuries resulting from a snowmobile accident, shall be
| ||
disclosed to the Department of Natural Resources, or local law | ||
enforcement
agencies of jurisdiction, upon request. The blood | ||
or urine tests are
admissible in evidence as a business record | ||
exception to the hearsay rule only
in prosecutions for | ||
violations of Section 5-7 of this Code or a similar
provision | ||
of a local ordinance, or in prosecutions for reckless homicide
| ||
brought under the Criminal Code of
1961 or the Criminal Code of | ||
2012 .
| ||
(b) The confidentiality provisions of the law pertaining to | ||
medical records
and medical treatment shall not be applicable | ||
with regard to tests performed
upon an individual's blood or | ||
urine under the provisions of subsection (a) of
this Section. | ||
No person shall
be liable for civil damages or professional | ||
discipline as a result of
disclosure or reporting of the tests | ||
or the evidentiary use of an individual's
blood or urine test | ||
results under this Section or Section 5-7.4 or as a result
of | ||
that person's testimony made available under this Section or | ||
Section 5-7.4,
except for willful or wanton misconduct.
| ||
(Source: P.A. 93-156, eff. 1-1-04.)
| ||
Section 585. The Boat Registration and Safety Act is |
amended by changing Sections 5-16a and 5-16a.1 as follows:
| ||
(625 ILCS 45/5-16a) (from Ch. 95 1/2, par. 315-11a)
| ||
Sec. 5-16a.
Admissibility of chemical tests of blood or | ||
urine conducted in the regular course of providing emergency | ||
medical
treatment.
| ||
(a) Notwithstanding any other provision of law, the written | ||
results of
blood or urine alcohol tests conducted upon persons | ||
receiving medical treatment in a
hospital emergency room are | ||
admissible in evidence as a business record
exception to the | ||
hearsay rule only in prosecutions for any violation of
Section | ||
5-16 of this Act or a similar provision of a local
ordinance or | ||
in prosecutions for reckless homicide brought under the | ||
Criminal
Code of 1961 or the Criminal Code of 2012 , when:
| ||
(1) the chemical tests performed upon an individual's | ||
blood or urine were ordered
in the regular course of | ||
providing emergency treatment and not at the request
of law | ||
enforcement authorities; and
| ||
(2) the chemical tests performed upon an individual's | ||
blood or urine
were performed by the laboratory routinely | ||
used by the hospital.
| ||
Results of
chemical tests performed upon an individual's | ||
blood or urine are admissible into
evidence regardless of the | ||
time that the records were prepared.
| ||
(b) The confidentiality provisions of law pertaining to | ||
medical records
and medical treatment shall not be applicable |
with regard to chemical
tests performed upon an individual's | ||
blood or urine under the provisions of
this Section in | ||
prosecutions as
specified in subsection (a) of this Section. No | ||
person shall be liable for
civil damages as a result of the | ||
evidentiary use of the results of chemical
testing of an | ||
individual's blood or urine under this Section or as a result | ||
of that person's testimony made
available under this Section.
| ||
(Source: P.A. 96-289, eff. 8-11-09.)
| ||
(625 ILCS 45/5-16a.1)
| ||
Sec. 5-16a.1.
Reporting of test results of blood or urine | ||
conducted in the
regular course of
providing emergency medical | ||
treatment.
| ||
(a) Notwithstanding any other provision of law, the results | ||
of blood or
urine
tests
performed for the purpose of | ||
determining the content of alcohol, other drug or
drugs, | ||
intoxicating compound or compounds, or any combination of them | ||
in an
individual's blood or
urine, conducted upon persons | ||
receiving medical treatment in a hospital
emergency room for
| ||
injuries resulting from a boating accident, shall be disclosed | ||
to the
Department
of Natural
Resources or local law enforcement | ||
agencies of jurisdiction, upon request. The
blood or urine
| ||
tests are admissible in evidence as a business record exception | ||
to the hearsay
rule only in
prosecutions for violations of | ||
Section 5-16 of this Code or a similar provision
of a local
| ||
ordinance, or in prosecutions for reckless homicide brought |
under the Criminal
Code of 1961 or the Criminal Code of 2012 .
| ||
(b) The confidentiality provisions of the law pertaining to | ||
medical records
and medical
treatment shall not be applicable | ||
with regard to tests performed upon an
individual's blood or
| ||
urine under the provisions of subsection (a) of this Section. | ||
No person is
liable for civil damages
or professional | ||
discipline as a result of disclosure or reporting of the tests
| ||
or the evidentiary use
of an individual's blood or urine test | ||
results under this Section or
Section 5-16a, or as a
result of | ||
that person's testimony made available under this Section or | ||
Section
5-16a, except for
willful or wanton misconduct.
| ||
(Source: P.A. 93-156, eff. 1-1-04.)
| ||
Section 590. The Clerks of Courts Act is amended by | ||
changing Sections 27.3a, 27.5, and 27.6 as follows:
| ||
(705 ILCS 105/27.3a)
| ||
Sec. 27.3a. Fees for automated record keeping, probation | ||
and court services operations, and State and Conservation | ||
Police operations.
| ||
1. The expense of establishing and maintaining automated | ||
record
keeping systems in the offices of the clerks of the | ||
circuit court shall
be borne by the county. To defray such | ||
expense in any county having
established such an automated | ||
system or which elects to establish such a
system, the county | ||
board may require the clerk of the circuit court in
their |
county to charge and collect a court automation fee of not less | ||
than
$1 nor more than $15 to be charged and collected by the | ||
clerk of the court.
Such fee shall be paid at the time of | ||
filing the first pleading, paper or
other appearance filed by | ||
each party in all civil cases or by the defendant
in any | ||
felony, traffic, misdemeanor, municipal ordinance, or | ||
conservation
case upon a judgment of guilty or grant of | ||
supervision, provided that
the record keeping system which | ||
processes the case
category for which the fee is charged is | ||
automated or has been approved for
automation by the county | ||
board, and provided further that no additional fee
shall be | ||
required if more than one party is presented in a single | ||
pleading,
paper or other appearance. Such fee shall be | ||
collected in the manner in
which all other fees or costs are | ||
collected.
| ||
1.1. Starting on July 6, 2012 ( the effective date of Public | ||
Act 97-761) this amendatory Act of the 97th General Assembly | ||
and pursuant to an administrative order from the chief judge of | ||
the circuit or the presiding judge of the county authorizing | ||
such collection, a clerk of the circuit court in any county | ||
that imposes a fee pursuant to subsection 1 of this Section | ||
shall also charge and collect an additional $10 operations fee | ||
for probation and court services department operations. | ||
This additional fee shall be paid by the defendant in any | ||
felony, traffic, misdemeanor, local ordinance, or conservation | ||
case upon a judgment of guilty or grant of supervision, except |
such $10 operations fee shall not be charged and collected in | ||
cases governed by Supreme Court Rule 529 in which the bail | ||
amount is $120 or less. | ||
1.2. With respect to the fee imposed and collected under | ||
subsection 1.1 of this Section, each clerk shall transfer all | ||
fees monthly to the county treasurer for deposit into the | ||
probation and court services fund created under Section 15.1 of | ||
the Probation and Probation Officers Act, and such monies shall | ||
be disbursed from the fund only at the direction of the chief | ||
judge of the circuit or another judge designated by the Chief | ||
Circuit Judge in accordance with the policies and guidelines | ||
approved by the Supreme Court. | ||
1.5. Starting on the effective date of this amendatory Act | ||
of the 96th General Assembly, a clerk of the circuit court in | ||
any county that imposes a fee pursuant to subsection 1 of this | ||
Section, shall charge and collect an additional fee in an | ||
amount equal to the amount of the fee imposed pursuant to | ||
subsection 1 of this Section. This additional fee shall be paid | ||
by the defendant in any felony, traffic, misdemeanor, or local | ||
ordinance case upon a judgment of guilty or grant of | ||
supervision. This fee shall not be paid by the defendant for | ||
any conservation violation listed in subsection 1.6 of this | ||
Section. | ||
1.6. Starting on July 1, 2012 (the effective date of Public | ||
Act 97-46), a clerk of the circuit court in any county that | ||
imposes a fee pursuant to subsection 1 of this Section shall |
charge and collect an additional fee in an amount equal to the | ||
amount of the fee imposed pursuant to subsection 1 of this | ||
Section. This additional fee shall be paid by the defendant | ||
upon a judgment of guilty or grant of supervision for a | ||
conservation violation under the State Parks Act, the | ||
Recreational Trails of Illinois Act, the Illinois Explosives | ||
Act, the Timber Buyers Licensing Act, the Forest Products | ||
Transportation Act, the Firearm Owners Identification Card | ||
Act, the Environmental Protection Act, the Fish and Aquatic | ||
Life Code, the Wildlife Code, the Cave Protection Act, the | ||
Illinois Exotic Weed Act, the Illinois Forestry Development | ||
Act, the Ginseng Harvesting Act, the Illinois Lake Management | ||
Program Act, the Illinois Natural Areas Preservation Act, the | ||
Illinois Open Land Trust Act, the Open Space Lands Acquisition | ||
and Development Act, the Illinois Prescribed Burning Act, the | ||
State Forest Act, the Water Use Act of 1983, the Illinois | ||
Veteran, Youth, and Young Adult Conservation Jobs Act, the | ||
Snowmobile Registration and Safety Act, the Boat Registration | ||
and Safety Act, the Illinois Dangerous Animals Act, the Hunter | ||
and Fishermen Interference Prohibition Act, the Wrongful Tree | ||
Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427, | ||
11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of | ||
the Illinois Vehicle Code, or Section 48-3 or 48-10 of the | ||
Criminal Code of 2012 1961 . | ||
2. With respect to the fee imposed under subsection 1 of | ||
this Section, each clerk shall commence such charges and |
collections upon receipt
of written notice from the chairman of | ||
the county board together with a
certified copy of the board's | ||
resolution, which the clerk shall file of
record in his office.
| ||
3. With respect to the fee imposed under subsection 1 of | ||
this Section, such fees shall be in addition to all other fees | ||
and charges of such
clerks, and assessable as costs, and may be | ||
waived only if the judge
specifically provides for the waiver | ||
of the court automation fee. The
fees shall be remitted monthly | ||
by such clerk to the county treasurer, to be
retained by him in | ||
a special fund designated as the court automation fund.
The | ||
fund shall be audited by the county auditor, and the board | ||
shall make
expenditure from the fund in payment of any cost | ||
related to the automation
of court records, including hardware, | ||
software, research and development
costs and personnel related | ||
thereto, provided that the expenditure is
approved by the clerk | ||
of the court and by the chief judge of the circuit
court or his | ||
designate.
| ||
4. With respect to the fee imposed under subsection 1 of | ||
this Section, such fees shall not be charged in any matter | ||
coming to any such clerk
on change of venue, nor in any | ||
proceeding to review the decision of any
administrative | ||
officer, agency or body.
| ||
5. With respect to the additional fee imposed under | ||
subsection 1.5 of this Section, the fee shall be remitted by | ||
the circuit clerk to the State Treasurer within one month after | ||
receipt for deposit into the State Police Operations Assistance |
Fund. | ||
6. With respect to the additional fees imposed under | ||
subsection 1.5 of this Section, the Director of State Police | ||
may direct the use of these fees for homeland security purposes | ||
by transferring these fees on a quarterly basis from the State | ||
Police Operations Assistance Fund into the Illinois Law | ||
Enforcement Alarm Systems (ILEAS) Fund for homeland security | ||
initiatives programs. The transferred fees shall be allocated, | ||
subject to the approval of the ILEAS Executive Board, as | ||
follows: (i) 66.6% shall be used for homeland security | ||
initiatives and (ii) 33.3% shall be used for airborne | ||
operations. The ILEAS Executive Board shall annually supply the | ||
Director of State Police with a report of the use of these | ||
fees. | ||
7. With respect to the additional fee imposed under | ||
subsection 1.6 of this Section, the fee shall be remitted by | ||
the circuit clerk to the State Treasurer within one month after | ||
receipt for deposit into the Conservation Police Operations | ||
Assistance Fund. | ||
(Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12; | ||
97-453, eff. 8-19-11; 97-738, eff. 7-5-12; 97-761, eff. 7-6-12; | ||
97-813, eff. 7-13-12; 97-1108, eff. 1-1-13; revised 9-20-12.)
| ||
(705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
| ||
Sec. 27.5. (a) All fees, fines, costs, additional | ||
penalties, bail balances
assessed or forfeited, and any other |
amount paid by a person to the circuit
clerk that equals an | ||
amount less than $55, except 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 otherwise | ||
provided in this Section, shall be disbursed within 60 days | ||
after receipt by the circuit
clerk as follows: 47% shall be | ||
disbursed to the entity authorized by law to
receive the fine | ||
imposed in the case; 12% shall be disbursed to the State
| ||
Treasurer; and 41% shall be disbursed to the county's general | ||
corporate fund.
Of the 12% disbursed to the State Treasurer, | ||
1/6 shall be deposited by the
State Treasurer into the Violent | ||
Crime Victims Assistance Fund, 1/2 shall be
deposited into the | ||
Traffic and Criminal Conviction Surcharge Fund, and 1/3
shall | ||
be deposited into the Drivers Education Fund. For fiscal years | ||
1992 and
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, Section 16-104c of the Illinois Vehicle | ||
Code, and subsection (a) of Section 5-1101 of the Counties | ||
Code, 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. Unless a court ordered payment schedule | ||
is implemented or fee requirements are waived pursuant to a |
court order, the circuit clerk may add to any unpaid fees and | ||
costs a delinquency amount equal to 5% of the unpaid fees that | ||
remain unpaid after 30 days, 10% of the unpaid fees that remain | ||
unpaid after 60 days, and 15% of the unpaid fees that remain | ||
unpaid after 90 days. Notice to those parties may be made by | ||
signage posting or publication. The additional delinquency | ||
amounts collected under this Section shall be deposited in the | ||
Circuit Court Clerk Operation and Administrative Fund to be | ||
used to defray administrative costs incurred by the circuit | ||
clerk in performing the duties required to collect and disburse | ||
funds. 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) 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 or 48-1 of the Criminal Code | ||
of
1961 or the Criminal Code of 2012 ;
| ||
(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 or 48-1 of the Criminal
| ||
Code of 1961 or the Criminal Code of 2012 ; 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
or 48-1 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 .
| ||
(c) Any person who receives a disposition of court | ||
supervision for a violation of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance shall, in addition to | ||
any other fines, fees, and court costs, pay an additional fee | ||
of $29, to be disbursed as provided in Section 16-104c of the | ||
Illinois Vehicle Code. In addition to the fee of $29, the | ||
person shall also pay a fee of $6, if not waived by the court. | ||
If this $6 fee is collected, $5.50 of the fee shall be | ||
deposited into the Circuit Court Clerk Operation and | ||
Administrative Fund created by the Clerk of the Circuit Court | ||
and 50 cents of the fee shall be deposited into the Prisoner | ||
Review Board Vehicle and Equipment Fund in the State treasury. | ||
(d) Any person convicted of, pleading guilty to, or placed | ||
on supervision for a serious traffic violation, as defined in | ||
Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||
Section 11-501 of the Illinois Vehicle Code, or a violation of | ||
a similar provision of a local ordinance shall pay an | ||
additional fee of $35, to be disbursed as provided in Section | ||
16-104d of that Code. | ||
This subsection (d) becomes inoperative 7 years after the | ||
effective date of Public Act 95-154.
| ||
(e) In all counties having a population of 3,000,000 or | ||
more inhabitants: |
(1) A person who is found guilty of or pleads guilty to | ||
violating subsection (a) of Section 11-501 of the Illinois | ||
Vehicle Code, including any person placed on court | ||
supervision for violating subsection (a), shall be fined | ||
$750 as provided for by subsection (f) of Section 11-501.01 | ||
of the Illinois Vehicle Code, payable to the circuit clerk, | ||
who shall distribute the money pursuant to subsection (f) | ||
of Section 11-501.01 of the Illinois Vehicle Code. | ||
(2) When a crime laboratory DUI analysis fee of $150, | ||
provided for by Section 5-9-1.9 of the Unified Code of | ||
Corrections is assessed, it shall be disbursed by the | ||
circuit clerk as provided by subsection (f) of Section | ||
5-9-1.9 of the Unified Code of Corrections. | ||
(3) When a fine for a violation of subsection (a) of | ||
Section 11-605 of the Illinois Vehicle Code is $150 or | ||
greater, the additional $50 which is charged as provided | ||
for by subsection (f) of Section 11-605 of the Illinois | ||
Vehicle Code shall be disbursed by the circuit clerk to a | ||
school district or districts for school safety purposes as | ||
provided by subsection (f) of Section 11-605. | ||
(4) When a fine for a violation of subsection (a) of | ||
Section 11-1002.5 of the Illinois Vehicle Code is $150 or | ||
greater, the additional $50 which is charged as provided | ||
for by subsection (c) of Section 11-1002.5 of the Illinois | ||
Vehicle Code shall be disbursed by the circuit clerk to a | ||
school district or districts for school safety purposes as |
provided by subsection (c) of Section 11-1002.5 of the | ||
Illinois Vehicle Code. | ||
(5) When a mandatory drug court fee of up to $5 is | ||
assessed as provided in subsection (f) of Section 5-1101 of | ||
the Counties Code, it shall be disbursed by the circuit | ||
clerk as provided in subsection (f) of Section 5-1101 of | ||
the Counties Code. | ||
(6) When a mandatory teen court, peer jury, youth | ||
court, or other youth diversion program fee is assessed as | ||
provided in subsection (e) of Section 5-1101 of the | ||
Counties Code, it shall be disbursed by the circuit clerk | ||
as provided in subsection (e) of Section 5-1101 of the | ||
Counties Code. | ||
(7) When a Children's Advocacy Center fee is assessed | ||
pursuant to subsection (f-5) of Section 5-1101 of the | ||
Counties Code, it shall be disbursed by the circuit clerk | ||
as provided in subsection (f-5) of Section 5-1101 of the | ||
Counties Code. | ||
(8) When a victim impact panel fee is assessed pursuant | ||
to subsection (b) of Section 11-501.01 of the Illinois | ||
Vehicle Code, it shall be disbursed by the circuit clerk to | ||
the victim impact panel to be
attended by the defendant. | ||
(9) When a new fee collected in traffic cases is | ||
enacted after January 1, 2010 (the effective date of Public | ||
Act 96-735), it shall be excluded from the percentage | ||
disbursement provisions of this Section unless otherwise |
indicated by law. | ||
(f) Any person who receives a disposition of court | ||
supervision for a violation of Section 11-501 of the Illinois | ||
Vehicle Code shall, in addition to any other fines, fees, and | ||
court costs, pay an additional fee of $50, which shall
be | ||
collected by the circuit clerk and then remitted to the State | ||
Treasurer for deposit into the Roadside Memorial Fund, a | ||
special fund in the State treasury. However, the court may | ||
waive the fee if full restitution is complied with. Subject to | ||
appropriation, all moneys in the Roadside Memorial Fund shall | ||
be used by the Department of Transportation to pay fees imposed | ||
under subsection (f) of Section 20 of the Roadside Memorial | ||
Act. The fee shall be remitted by the circuit clerk within one | ||
month after receipt to the State Treasurer for deposit into the | ||
Roadside Memorial Fund. | ||
(g) For any conviction or disposition of court supervision | ||
for a violation of Section 11-1429 of the Illinois Vehicle | ||
Code, the circuit clerk shall distribute the fines paid by the | ||
person as specified by subsection (h) of Section 11-1429 of the | ||
Illinois Vehicle Code. | ||
(Source: P.A. 96-286, eff. 8-11-09; 96-576, eff. 8-18-09; | ||
96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; | ||
96-1000, eff. 7-2-10; 96-1175, eff. 9-20-10; 96-1342, eff. | ||
1-1-11; 97-333, eff. 8-12-11; 97-1108, eff. 1-1-13.)
| ||
(705 ILCS 105/27.6)
|
(Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, | ||
96-667, 96-1175, 96-1342, 97-434, 97-1051, and 97-1108) | ||
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 fine imposed by Section | ||
5-9-1.15
of the Unified Code of Corrections, the additional fee | ||
required
by subsections (b) and (c), restitution under Section | ||
5-5-6 of the
Unified Code of Corrections, contributions to a | ||
local anti-crime program ordered pursuant to Section | ||
5-6-3(b)(13) or Section 5-6-3.1(c)(13) 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 otherwise provided in this | ||
Section
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 Healthcare and Family Services. 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 the | ||
Criminal Code of 2012 or a person sentenced for a violation of | ||
the Cannabis
Control Act, the Illinois Controlled Substances | ||
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,
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 or 48-1 of the Criminal Code | ||
of
1961 or the Criminal Code of 2012 ;
| ||
(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 or 48-1 of the Criminal
| ||
Code of 1961 or the Criminal Code of 2012 ; 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 or 48-1 of the
Criminal | ||
Code of 1961 or the Criminal Code of 2012 .
| ||
(e) Any person who receives a disposition of court | ||
supervision for a violation of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance shall, in addition to | ||
any other fines, fees, and court costs, pay an additional fee | ||
of $29, to be disbursed as provided in Section 16-104c of the | ||
Illinois Vehicle Code. In addition to the fee of $29, the | ||
person shall also pay a fee of $6, if not waived by the court. | ||
If this $6 fee is collected, $5.50 of the fee shall be | ||
deposited into the Circuit Court Clerk Operation and | ||
Administrative Fund created by the Clerk of the Circuit Court | ||
and 50 cents of the fee shall be deposited into the Prisoner | ||
Review Board Vehicle and Equipment Fund in the State treasury.
| ||
(f) This Section does not apply to the additional child | ||
pornography fines assessed and collected under Section | ||
5-9-1.14 of the Unified Code of Corrections.
|
(g) (Blank). | ||
(h) (Blank). | ||
(i)
Of the amounts collected as fines under subsection (b) | ||
of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||
deposited into the Illinois Military Family Relief Fund and 1% | ||
shall be deposited into the Circuit Court Clerk Operation and | ||
Administrative Fund created by the Clerk of the Circuit Court | ||
to be used to offset the costs incurred by the Circuit Court | ||
Clerk in performing the additional duties required to collect | ||
and disburse funds to entities of State and local government as | ||
provided by law.
| ||
(j) Any person convicted of, pleading guilty to, or placed | ||
on supervision for a serious traffic violation, as defined in | ||
Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||
Section 11-501 of the Illinois Vehicle Code, or a violation of | ||
a similar provision of a local ordinance shall pay an | ||
additional fee of $35, to be disbursed as provided in Section | ||
16-104d of that Code. | ||
This subsection (j) becomes inoperative 7 years after the | ||
effective date of Public Act 95-154. | ||
(k) For any conviction or disposition of court supervision | ||
for a violation of Section 11-1429 of the Illinois Vehicle | ||
Code, the circuit clerk shall distribute the fines paid by the | ||
person as specified by subsection (h) of Section 11-1429 of the | ||
Illinois Vehicle Code. | ||
(l) Any person who receives a disposition of court |
supervision for a violation of Section 11-501 of the Illinois | ||
Vehicle Code or a similar provision of a local ordinance shall, | ||
in addition to any other fines, fees, and court costs, pay an | ||
additional fee of $50, which shall
be collected by the circuit | ||
clerk and then remitted to the State Treasurer for deposit into | ||
the Roadside Memorial Fund, a special fund in the State | ||
treasury. However, the court may waive the fee if full | ||
restitution is complied with. Subject to appropriation, all | ||
moneys in the Roadside Memorial Fund shall be used by the | ||
Department of Transportation to pay fees imposed under | ||
subsection (f) of Section 20 of the Roadside Memorial Act. The | ||
fee shall be remitted by the circuit clerk within one month | ||
after receipt to the State Treasurer for deposit into the | ||
Roadside Memorial Fund. | ||
(m) Of the amounts collected as fines under subsection (c) | ||
of Section 411.4 of the Illinois Controlled Substances Act or | ||
subsection (c) of Section 90 of the Methamphetamine Control and | ||
Community Protection Act, 99% shall be deposited to the law | ||
enforcement agency or fund specified and 1% shall be deposited | ||
into the Circuit Court Clerk Operation and Administrative Fund | ||
to be used to offset the costs incurred by the Circuit Court | ||
Clerk in performing the additional duties required to collect | ||
and disburse funds to entities of State and local government as | ||
provided by law. | ||
(n) In addition to any other fines and court costs assessed | ||
by the courts, any person who is convicted of or pleads guilty |
to a violation of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 , or a similar provision of a local ordinance, or | ||
who is convicted of, pleads guilty to, or receives a | ||
disposition of court supervision for a violation of the | ||
Illinois Vehicle Code, or a similar provision of a local | ||
ordinance, shall pay an additional fee of $15 to the clerk of | ||
the circuit court. This additional fee of $15 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. | ||
This amount, less 2.5% that shall be used to defray | ||
administrative costs incurred by the clerk, shall be remitted | ||
by the clerk to the State Treasurer within 60 days after | ||
receipt for deposit into the State Police Merit Board Public | ||
Safety Fund. | ||
(Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, | ||
eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08; | ||
96-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff. | ||
8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175, | ||
eff. 9-20-10; 96-1342, eff. 1-1-11; 97-1051, eff. 1-1-13; | ||
97-1108, eff. 1-1-13; revised 9-20-12.) | ||
(Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, | ||
96-735, 96-1175, 96-1342, 97-434, 97-1051, and 97-1108) | ||
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 fine imposed by Section | ||
5-9-1.15
of the Unified Code of Corrections, the additional fee | ||
required
by subsections (b) and (c), restitution under Section | ||
5-5-6 of the
Unified Code of Corrections, contributions to a | ||
local anti-crime program ordered pursuant to Section | ||
5-6-3(b)(13) or Section 5-6-3.1(c)(13) 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 otherwise provided in this | ||
Section
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 Healthcare and Family Services. 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, Section 16-104c of the Illinois Vehicle | ||
Code, and subsection (a) of Section 5-1101 of the Counties | ||
Code, 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. Unless a court ordered payment schedule | ||
is implemented or fee requirements are waived pursuant to court | ||
order, the clerk of the court may add to any unpaid fees and | ||
costs a delinquency amount equal to 5% of the unpaid fees that | ||
remain unpaid after 30 days, 10% of the unpaid fees that remain | ||
unpaid after 60 days, and 15% of the unpaid fees that remain | ||
unpaid after 90 days. Notice to those parties may be made by | ||
signage posting or publication. The additional delinquency | ||
amounts collected under this Section shall be deposited in the | ||
Circuit Court Clerk Operation and Administrative Fund to be | ||
used to defray administrative costs incurred by the circuit | ||
clerk in performing the duties required to collect and disburse | ||
funds. 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 the | ||
Criminal Code of 2012 or a person sentenced for a violation of | ||
the Cannabis
Control Act, the Illinois Controlled Substances | ||
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,
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 or 48-1 of the Criminal Code | ||
of
1961 or the Criminal Code of 2012 ;
| ||
(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 or 48-1 of the Criminal
| ||
Code of 1961 or the Criminal Code of 2012 ; 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 or 48-1 of the
Criminal | ||
Code of 1961 or the Criminal Code of 2012 .
| ||
(e) Any person who receives a disposition of court | ||
supervision for a violation of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance shall, in addition to | ||
any other fines, fees, and court costs, pay an additional fee | ||
of $29, to be disbursed as provided in Section 16-104c of the | ||
Illinois Vehicle Code. In addition to the fee of $29, the |
person shall also pay a fee of $6, if not waived by the court. | ||
If this $6 fee is collected, $5.50 of the fee shall be | ||
deposited into the Circuit Court Clerk Operation and | ||
Administrative Fund created by the Clerk of the Circuit Court | ||
and 50 cents of the fee shall be deposited into the Prisoner | ||
Review Board Vehicle and Equipment Fund in the State treasury.
| ||
(f) This Section does not apply to the additional child | ||
pornography fines assessed and collected under Section | ||
5-9-1.14 of the Unified Code of Corrections.
| ||
(g) Any person convicted of or pleading guilty to a serious | ||
traffic violation, as defined in Section 1-187.001 of the | ||
Illinois Vehicle Code, shall pay an additional fee of $35, to | ||
be disbursed as provided in Section 16-104d of that Code. This | ||
subsection (g) becomes inoperative 7 years after the effective | ||
date of Public Act 95-154. | ||
(h) In all counties having a population of 3,000,000 or | ||
more inhabitants, | ||
(1) A person who is found guilty of or pleads guilty to | ||
violating subsection (a) of Section 11-501 of the Illinois | ||
Vehicle Code, including any person placed on court | ||
supervision for violating subsection (a), shall be fined | ||
$750 as provided for by subsection (f) of Section 11-501.01 | ||
of the Illinois Vehicle Code, payable to the circuit clerk, | ||
who shall distribute the money pursuant to subsection (f) | ||
of Section 11-501.01 of the Illinois Vehicle Code. | ||
(2) When a crime laboratory DUI analysis fee of $150, |
provided for by Section 5-9-1.9 of the Unified Code of | ||
Corrections is assessed, it shall be disbursed by the | ||
circuit clerk as provided by subsection (f) of Section | ||
5-9-1.9 of the Unified Code of Corrections. | ||
(3) When a fine for a violation of Section 11-605.1 of | ||
the Illinois Vehicle Code is $250 or greater, the person | ||
who violated that Section shall be charged an additional | ||
$125 as provided for by subsection (e) of Section 11-605.1 | ||
of the Illinois Vehicle Code, which shall be disbursed by | ||
the circuit clerk to a State or county Transportation | ||
Safety Highway Hire-back Fund as provided by subsection (e) | ||
of Section 11-605.1 of the Illinois Vehicle Code. | ||
(4) When a fine for a violation of subsection (a) of | ||
Section 11-605 of the Illinois Vehicle Code is $150 or | ||
greater, the additional $50 which is charged as provided | ||
for by subsection (f) of Section 11-605 of the Illinois | ||
Vehicle Code shall be disbursed by the circuit clerk to a | ||
school district or districts for school safety purposes as | ||
provided by subsection (f) of Section 11-605. | ||
(5) When a fine for a violation of subsection (a) of | ||
Section 11-1002.5 of the Illinois Vehicle Code is $150 or | ||
greater, the additional $50 which is charged as provided | ||
for by subsection (c) of Section 11-1002.5 of the Illinois | ||
Vehicle Code shall be disbursed by the circuit clerk to a | ||
school district or districts for school safety purposes as | ||
provided by subsection (c) of Section 11-1002.5 of the |
Illinois Vehicle Code. | ||
(6) When a mandatory drug court fee of up to $5 is | ||
assessed as provided in subsection (f) of Section 5-1101 of | ||
the Counties Code, it shall be disbursed by the circuit | ||
clerk as provided in subsection (f) of Section 5-1101 of | ||
the Counties Code. | ||
(7) When a mandatory teen court, peer jury, youth | ||
court, or other youth diversion program fee is assessed as | ||
provided in subsection (e) of Section 5-1101 of the | ||
Counties Code, it shall be disbursed by the circuit clerk | ||
as provided in subsection (e) of Section 5-1101 of the | ||
Counties Code. | ||
(8) When a Children's Advocacy Center fee is assessed | ||
pursuant to subsection (f-5) of Section 5-1101 of the | ||
Counties Code, it shall be disbursed by the circuit clerk | ||
as provided in subsection (f-5) of Section 5-1101 of the | ||
Counties Code. | ||
(9) When a victim impact panel fee is assessed pursuant | ||
to subsection (b) of Section 11-501.01 of the Vehicle Code, | ||
it shall be disbursed by the circuit clerk to the victim | ||
impact panel to be attended by the defendant. | ||
(10) When a new fee collected in traffic cases is | ||
enacted after the effective date of this subsection (h), it | ||
shall be excluded from the percentage disbursement | ||
provisions of this Section unless otherwise indicated by | ||
law. |
(i)
Of the amounts collected as fines under subsection (b) | ||
of Section 3-712 of the Illinois Vehicle Code, 99% shall be | ||
deposited into the Illinois Military Family Relief Fund and 1% | ||
shall be deposited into the Circuit Court Clerk Operation and | ||
Administrative Fund created by the Clerk of the Circuit Court | ||
to be used to offset the costs incurred by the Circuit Court | ||
Clerk in performing the additional duties required to collect | ||
and disburse funds to entities of State and local government as | ||
provided by law.
| ||
(j) (Blank). | ||
(k) For any conviction or disposition of court supervision | ||
for a violation of Section 11-1429 of the Illinois Vehicle | ||
Code, the circuit clerk shall distribute the fines paid by the | ||
person as specified by subsection (h) of Section 11-1429 of the | ||
Illinois Vehicle Code. | ||
(l) Any person who receives a disposition of court | ||
supervision for a violation of Section 11-501 of the Illinois | ||
Vehicle Code or a similar provision of a local ordinance shall, | ||
in addition to any other fines, fees, and court costs, pay an | ||
additional fee of $50, which shall
be collected by the circuit | ||
clerk and then remitted to the State Treasurer for deposit into | ||
the Roadside Memorial Fund, a special fund in the State | ||
treasury. However, the court may waive the fee if full | ||
restitution is complied with. Subject to appropriation, all | ||
moneys in the Roadside Memorial Fund shall be used by the | ||
Department of Transportation to pay fees imposed under |
subsection (f) of Section 20 of the Roadside Memorial Act. The | ||
fee shall be remitted by the circuit clerk within one month | ||
after receipt to the State Treasurer for deposit into the | ||
Roadside Memorial Fund. | ||
(m) Of the amounts collected as fines under subsection (c) | ||
of Section 411.4 of the Illinois Controlled Substances Act or | ||
subsection (c) of Section 90 of the Methamphetamine Control and | ||
Community Protection Act, 99% shall be deposited to the law | ||
enforcement agency or fund specified and 1% shall be deposited | ||
into the Circuit Court Clerk Operation and Administrative Fund | ||
to be used to offset the costs incurred by the Circuit Court | ||
Clerk in performing the additional duties required to collect | ||
and disburse funds to entities of State and local government as | ||
provided by law. | ||
(n) In addition to any other fines and court costs assessed | ||
by the courts, any person who is convicted of or pleads guilty | ||
to a violation of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 , or a similar provision of a local ordinance, or | ||
who is convicted of, pleads guilty to, or receives a | ||
disposition of court supervision for a violation of the | ||
Illinois Vehicle Code, or a similar provision of a local | ||
ordinance, shall pay an additional fee of $15 to the clerk of | ||
the circuit court. This additional fee of $15 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. | ||
This amount, less 2.5% that shall be used to defray |
administrative costs incurred by the clerk, shall be remitted | ||
by the clerk to the State Treasurer within 60 days after | ||
receipt for deposit into the State Police Merit Board Public | ||
Safety Fund. | ||
(Source: P.A. 96-576, eff. 8-18-09; 96-578, eff. 8-18-09; | ||
96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; | ||
96-1175, eff. 9-20-10; 96-1342, eff. 1-1-11; 97-434, eff. | ||
1-1-12; 97-1051, eff. 1-1-13; 97-1108, eff. 1-1-13; revised | ||
9-20-12.) | ||
Section 595. The Juror Protection Act is amended by | ||
changing Section 15 as follows: | ||
(705 ILCS 320/15)
| ||
Sec. 15. Violation. Any attempt to contact a member of the | ||
jury panel following that member's refusal to speak as outlined | ||
in subsection (e) of Section 10 shall be deemed a violation of | ||
Section 32-4 of the Criminal Code of 2012 1961 .
| ||
(Source: P.A. 94-186, eff. 1-1-06.) | ||
Section 600. The Juvenile Court Act of 1987 is amended by | ||
changing Sections 1-2, 1-3, 1-7, 1-8, 2-3, 2-10, 2-13, 2-17, | ||
2-18, 2-25, 2-27, 3-19, 3-26, 3-40, 4-16, 4-23, 5-125, 5-130, | ||
5-155, 5-170, 5-401.5, 5-407, 5-415, 5-605, 5-615, 5-710, | ||
5-715, 5-730, 5-805, 5-901, and 5-905 as follows:
|
(705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
| ||
Sec. 1-2. Purpose and policy.
| ||
(1) The purpose of this Act is to secure for each minor | ||
subject hereto
such care and guidance, preferably in his or her | ||
own home, as will serve
the safety and moral, emotional, | ||
mental, and physical
welfare of the minor and the best | ||
interests of the community; to preserve
and strengthen the | ||
minor's family ties whenever possible, removing him or
her from | ||
the custody of his or her parents only when his or her safety | ||
or
welfare or the protection of the public cannot be adequately | ||
safeguarded
without removal;
if the child is removed from the | ||
custody of his or her parent, the Department
of Children and | ||
Family Services immediately shall consider concurrent | ||
planning,
as described in Section 5 of the Children and Family | ||
Services Act so that
permanency may occur at the earliest | ||
opportunity; consideration should be given
so that if | ||
reunification fails or is delayed, the placement made is
the | ||
best available placement to provide permanency for the child;
| ||
and, when the minor is removed from his or her own family,
to | ||
secure for him or her custody, care and discipline as nearly as | ||
possible
equivalent to that which should be given by his or her | ||
parents, and in
cases where it should and can properly be done | ||
to place the minor in a
family home so that he or she may become | ||
a member of the family by legal
adoption or otherwise. Provided | ||
that a ground for unfitness under the Adoption
Act can be met, | ||
it may be appropriate to expedite termination of parental
|
rights:
| ||
(a) when reasonable efforts are inappropriate, or have | ||
been provided and
were unsuccessful, and there are | ||
aggravating circumstances including, but not
limited to, | ||
those cases in which (i) the child or another child of
that | ||
child's parent was (A)
abandoned, (B) tortured, or (C) | ||
chronically abused or (ii) the parent is
criminally | ||
convicted of (A) first degree murder or second degree | ||
murder of any
child, (B) attempt or conspiracy to commit | ||
first degree murder or second degree
murder of any child, | ||
(C) solicitation to commit murder, solicitation to commit
| ||
murder for hire, solicitation to commit second degree | ||
murder of any
child, or aggravated assault in violation of | ||
subdivision (a)(13) of Section
12-2 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 , or
(D)
aggravated | ||
criminal sexual assault in violation of Section | ||
11-1.40(a)(1) or 12-14.1(a)(1) 12-14(b)(1) of the
Criminal | ||
Code of 1961 or the Criminal Code of 2012 ; or
| ||
(b) when the parental rights of a parent with respect | ||
to another child
of the parent have been involuntarily | ||
terminated; or
| ||
(c) in those extreme cases in which the parent's | ||
incapacity to care for
the child, combined with an | ||
extremely poor prognosis for treatment or
rehabilitation, | ||
justifies expedited termination of parental rights.
| ||
(2) In all proceedings under this Act the court may direct |
the
course thereof so as promptly to ascertain the | ||
jurisdictional facts and
fully to gather information bearing | ||
upon the current condition and
future welfare of persons | ||
subject to this Act. This Act shall be
administered in a spirit | ||
of humane concern, not only for the rights of
the parties, but | ||
also for the fears and the limits of understanding of
all who | ||
appear before the court.
| ||
(3) In all procedures under this Act, the following shall | ||
apply:
| ||
(a) The procedural rights assured to the minor shall be | ||
the rights of
adults unless specifically precluded by laws | ||
which enhance the
protection of such minors.
| ||
(b) Every child has a right to services necessary to | ||
his or her safety
and proper development, including health, | ||
education and social services.
| ||
(c) The parents' right to the custody of their child | ||
shall not prevail
when the court determines that it is | ||
contrary to the health, safety, and
best interests of the | ||
child.
| ||
(4) This Act shall be liberally construed to carry out the | ||
foregoing
purpose and policy.
| ||
(Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by P.A. | ||
90-443);
90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443, eff. | ||
8-16-97; 90-608, eff.
6-30-98.)
| ||
(705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
|
Sec. 1-3. Definitions. Terms used in this Act, unless the | ||
context
otherwise requires, have the following meanings | ||
ascribed to them:
| ||
(1) "Adjudicatory hearing" means a hearing to
determine | ||
whether the allegations of a petition under Section 2-13, 3-15 | ||
or
4-12 that a minor under 18 years of age is abused, neglected | ||
or dependent, or
requires authoritative intervention, or | ||
addicted, respectively, are supported
by a preponderance of the | ||
evidence or whether the allegations of a petition
under Section | ||
5-520 that a minor is delinquent are proved beyond a reasonable
| ||
doubt.
| ||
(2) "Adult" means a person 21 years of age or older.
| ||
(3) "Agency" means a public or private child care facility
| ||
legally authorized or licensed by this State for placement or | ||
institutional
care or for both placement and institutional | ||
care.
| ||
(4) "Association" means any organization, public or
| ||
private, engaged in welfare functions which include services to | ||
or on behalf of
children but does not include "agency" as | ||
herein defined.
| ||
(4.05) Whenever a "best interest" determination is
| ||
required, the following factors shall be considered in the | ||
context of the
child's age and developmental needs:
| ||
(a) the physical safety and welfare of the child, | ||
including food, shelter,
health, and clothing;
| ||
(b) the development of the child's identity;
|
(c) the child's background and ties, including | ||
familial,
cultural, and religious;
| ||
(d) the child's sense of attachments, including:
| ||
(i) where the child actually feels love, | ||
attachment, and a sense of
being valued (as opposed to | ||
where adults believe the child should
feel such love, | ||
attachment, and a sense of being valued);
| ||
(ii) the child's sense of security;
| ||
(iii) the child's sense of familiarity;
| ||
(iv) continuity of affection for the child;
| ||
(v) the least disruptive placement alternative for | ||
the child;
| ||
(e) the child's wishes and long-term goals;
| ||
(f) the child's community ties, including church, | ||
school, and friends;
| ||
(g) the child's need for permanence which includes the | ||
child's need for
stability and continuity of relationships | ||
with parent figures and with siblings
and other relatives;
| ||
(h) the uniqueness of every family and child;
| ||
(i) the risks attendant to entering and being in | ||
substitute care; and
| ||
(j) the preferences of the persons available to care | ||
for the child.
| ||
(4.1) "Chronic truant" shall have the definition
ascribed | ||
to it in Section 26-2a of the School Code.
| ||
(5) "Court" means the circuit court in a session or |
division
assigned to hear proceedings under this Act.
| ||
(6) "Dispositional hearing" means a hearing to
determine | ||
whether a minor should be adjudged to be a ward of the court, | ||
and to
determine what order of disposition should be made in | ||
respect to a minor
adjudged to be a ward of the court.
| ||
(7) "Emancipated minor" means any minor 16 years of age or | ||
over who has
been completely or partially emancipated under the | ||
Emancipation of
Minors Act or
under this Act.
| ||
(8) "Guardianship of the person" of a minor
means the duty | ||
and authority to act in the best interests of the minor, | ||
subject
to residual parental rights and responsibilities, to | ||
make important decisions
in matters having a permanent effect | ||
on the life and development of the minor
and to be concerned | ||
with his or her general welfare. It includes but is not
| ||
necessarily limited to:
| ||
(a) the authority to consent to marriage, to enlistment | ||
in the armed
forces of the United States, or to a major | ||
medical, psychiatric, and
surgical treatment; to represent | ||
the minor in legal actions; and to make
other decisions of | ||
substantial legal significance concerning the minor;
| ||
(b) the authority and duty of reasonable visitation, | ||
except to the
extent that these have been limited in the | ||
best interests of the minor by
court order;
| ||
(c) the rights and responsibilities of legal custody | ||
except where legal
custody has been vested in another | ||
person or agency; and
|
(d) the power to consent to the adoption of the minor, | ||
but only if
expressly conferred on the guardian in | ||
accordance with Section 2-29, 3-30, or
4-27.
| ||
(9) "Legal custody" means the relationship created by an
| ||
order of court in the best interests of the minor which imposes | ||
on the
custodian the responsibility of physical possession of a | ||
minor and the duty to
protect, train and discipline him and to | ||
provide him with food, shelter,
education and ordinary medical | ||
care, except as these are limited by residual
parental rights | ||
and responsibilities and the rights and responsibilities of the
| ||
guardian of the person, if any.
| ||
(9.1) "Mentally capable adult relative" means a person 21 | ||
years of age or older who is not suffering from a mental | ||
illness that prevents him or her from providing the care | ||
necessary to safeguard the physical safety and welfare of a | ||
minor who is left in that person's care by the parent or | ||
parents or other person responsible for the minor's welfare. | ||
(10) "Minor" means a person under the age of 21 years | ||
subject to
this Act.
| ||
(11) "Parent" means the father or mother of a child and
| ||
includes any adoptive parent. It also includes a man (i)
whose | ||
paternity
is presumed or has been established under the law of | ||
this or another
jurisdiction or (ii) who has registered with | ||
the Putative Father Registry in
accordance with Section 12.1 of | ||
the Adoption Act and whose paternity has not
been ruled out | ||
under the law of this or another jurisdiction. It does not
|
include a
parent whose rights in respect to the
minor have been | ||
terminated in any manner provided by law. It does not include a | ||
person who has been or could be determined to be a parent under | ||
the Illinois Parentage Act of 1984, or similar parentage law in | ||
any other state, if that person has been convicted of or pled | ||
nolo contendere to a crime that resulted in the conception of | ||
the child under Section 11-1.20, 11-1.30, 11-1.40, 11-11, | ||
12-13, 12-14, 12-14.1, subsection (a) or (b) (but not | ||
subsection (c)) of Section 11-1.50 or 12-15, or subsection (a), | ||
(b), (c), (e), or (f) (but not subsection (d)) of Section | ||
11-1.60 or 12-16 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012, or similar statute in another jurisdiction unless | ||
upon motion of any party, other than the offender, to the | ||
juvenile court proceedings the court finds it is in the child's | ||
best interest to deem the offender a parent for purposes of the | ||
juvenile court proceedings.
| ||
(11.1) "Permanency goal" means a goal set by the court as | ||
defined in
subdivision (2) of Section 2-28.
| ||
(11.2) "Permanency hearing" means a hearing to set the | ||
permanency goal and
to review and determine (i) the | ||
appropriateness of the services contained in
the plan and | ||
whether those services have been provided, (ii) whether | ||
reasonable
efforts have been made by all the parties to the | ||
service plan to achieve the
goal, and (iii) whether the plan | ||
and goal have been achieved.
| ||
(12) "Petition" means the petition provided for in Section
|
2-13, 3-15, 4-12 or 5-520, including any supplemental petitions | ||
thereunder
in Section 3-15, 4-12 or 5-520.
| ||
(12.1) "Physically capable adult relative" means a person | ||
21 years of age or older who does not have a severe physical | ||
disability or medical condition, or is not suffering from | ||
alcoholism or drug addiction, that prevents him or her from | ||
providing the care necessary to safeguard the physical safety | ||
and welfare of a minor who is left in that person's care by the | ||
parent or parents or other person responsible for the minor's | ||
welfare. | ||
(12.2) "Post Permanency Sibling Contact Agreement" has the | ||
meaning ascribed to the term in Section 7.4 of the Children and | ||
Family Services Act. | ||
(13) "Residual parental
rights and responsibilities" means | ||
those rights and responsibilities remaining
with the parent | ||
after the transfer of legal custody or guardianship of the
| ||
person, including, but not necessarily limited to, the right to | ||
reasonable
visitation (which may be limited by the court in the | ||
best interests of the
minor as provided in subsection (8)(b) of | ||
this Section), the right to consent
to adoption, the right to | ||
determine the minor's religious affiliation, and the
| ||
responsibility for his support.
| ||
(14) "Shelter" means the temporary care of a minor in
| ||
physically unrestricting facilities pending court disposition | ||
or execution of
court order for placement.
| ||
(14.1) "Sibling Contact Support Plan" has the meaning |
ascribed to the term in Section 7.4 of the Children and Family | ||
Services Act. | ||
(15) "Station adjustment" means the informal
handling of an | ||
alleged offender by a juvenile police officer.
| ||
(16) "Ward of the court" means a minor who is so
adjudged | ||
under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
| ||
requisite jurisdictional facts, and thus is subject to the | ||
dispositional powers
of the court under this Act.
| ||
(17) "Juvenile police officer" means a sworn
police officer | ||
who has completed a Basic Recruit Training Course, has been
| ||
assigned to the position of juvenile police officer by his or | ||
her chief law
enforcement officer and has completed the | ||
necessary juvenile officers training
as prescribed by the | ||
Illinois Law Enforcement Training Standards Board, or in
the | ||
case of a State police officer, juvenile officer
training | ||
approved by the Director of the Department of State Police.
| ||
(18) "Secure child care facility" means any child care | ||
facility licensed
by the Department of Children and Family | ||
Services to provide secure living
arrangements for children | ||
under 18 years of age who are subject to placement in
| ||
facilities under the Children and Family Services Act and who | ||
are not subject
to placement in facilities for whom standards | ||
are established by the Department
of Corrections under Section | ||
3-15-2 of the Unified Code of Corrections.
"Secure child care | ||
facility" also means a
facility that is designed and operated | ||
to ensure that all entrances and
exits
from the facility, a |
building, or a distinct part of the building are under the
| ||
exclusive control of the staff of the facility, whether or not | ||
the child has
the freedom of movement within the perimeter of | ||
the facility, building, or
distinct part of the building.
| ||
(Source: P.A. 96-168, eff. 8-10-09; 97-568, eff. 8-25-11; | ||
97-1076, eff. 8-24-12.)
| ||
(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, or, when necessary | ||
for the discharge of its official duties in connection with | ||
a particular investigation of the conduct of a law | ||
enforcement officer, an independent agency or its staff | ||
created by ordinance and charged by a unit of local | ||
government with the duty of investigating the conduct of |
law enforcement officers. 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 only if the agency | ||
or officer believes that there is an imminent threat of | ||
physical harm to students, school personnel, or others who | ||
are present in the school or on school grounds. | ||
(A) Inspection and copying
shall be limited to law | ||
enforcement records transmitted to the appropriate
| ||
school official or officials whom the school has | ||
determined to have a legitimate educational or safety | ||
interest 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) any violation of Article 24 of the Criminal | ||
Code of
1961 or the Criminal Code of 2012 ;
|
(ii) a violation of the Illinois Controlled | ||
Substances Act;
| ||
(iii) a violation of the Cannabis Control Act;
| ||
(iv) a forcible felony as defined in Section 2-8 of | ||
the Criminal Code
of 1961 or the Criminal Code of 2012 ; | ||
(v) a violation of the Methamphetamine Control and | ||
Community Protection Act;
| ||
(vi) a violation of Section 1-2 of the Harassing | ||
and Obscene Communications Act; | ||
(vii) a violation of the Hazing Act; or | ||
(viii) a violation of Section 12-1, 12-2, 12-3, | ||
12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 12-5, 12-7.3, | ||
12-7.4, 12-7.5, 25-1, or 25-5 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 . | ||
The information derived from the law enforcement | ||
records shall be kept separate from and shall not | ||
become a part of the official school record of that | ||
child and shall not be a public record. The information | ||
shall be used solely by the appropriate school official | ||
or officials whom the school has determined to have a | ||
legitimate educational or safety interest to aid in the | ||
proper rehabilitation of the child and to protect the | ||
safety of students and employees in the school. If the | ||
designated law enforcement and school officials deem | ||
it to be in the best interest of the minor, the student | ||
may be referred to in-school or community based social |
services if those services are available. | ||
"Rehabilitation services" may include interventions by | ||
school support personnel, evaluation for eligibility | ||
for special education, referrals to community-based | ||
agencies such as youth services, behavioral healthcare | ||
service providers, drug and alcohol prevention or | ||
treatment programs, and other interventions as deemed | ||
appropriate for the student. | ||
(B) Any information provided to appropriate school | ||
officials whom the school has determined to have a | ||
legitimate educational or safety interest by local law | ||
enforcement officials about a minor who is the subject | ||
of a current police investigation that is directly | ||
related to school safety shall consist of oral | ||
information only, and not written law enforcement | ||
records, and shall be used solely by the appropriate | ||
school official or officials to protect the safety of | ||
students and employees in the school and aid in the | ||
proper rehabilitation of the child. The information | ||
derived orally from the local law enforcement | ||
officials shall be kept separate from and shall not | ||
become a part of the official school record of the | ||
child and shall not be a public record. This limitation | ||
on the use of information about a minor who is the | ||
subject of a current police investigation shall in no | ||
way limit the use of this information by prosecutors in |
pursuing criminal charges arising out of the | ||
information disclosed during a police investigation of | ||
the minor. For purposes of this paragraph, | ||
"investigation" means an official systematic inquiry | ||
by a law enforcement agency into actual or suspected | ||
criminal activity.
| ||
(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.
| ||
(10) The president of a park district. Inspection and | ||
copying shall be limited to law enforcement records | ||
transmitted to the president of the park district by the | ||
Illinois State Police under Section 8-23 of the Park | ||
District Code or Section 16a-5 of the Chicago Park District | ||
Act concerning a person who is seeking employment with that | ||
park district and who has been adjudicated a juvenile |
delinquent for any of the offenses listed in subsection (c) | ||
of Section 8-23 of the Park District Code or subsection (c) | ||
of Section 16a-5 of the Chicago Park District Act.
| ||
(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 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 or the Criminal | ||
Code of 2012 , a Class X or Class 1 felony, a forcible | ||
felony as
defined in Section 2-8 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 , 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, or of an | ||
independent agency created by ordinance and charged by a unit | ||
of local government with the duty of investigating the conduct | ||
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 | ||
presiding over matters pursuant to this Act 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. For purposes of obtaining documents | ||
pursuant to this Section, a civil subpoena is not an order of | ||
the court. | ||
(1) In cases where the law enforcement, or independent | ||
agency, records concern a pending juvenile court case, the | ||
party seeking to inspect the records shall provide actual |
notice to the attorney or guardian ad litem of the minor | ||
whose records are sought. | ||
(2) In cases where the records concern a juvenile court | ||
case that is no longer pending, the party seeking to | ||
inspect the records shall provide actual notice to the | ||
minor or the minor's parent or legal guardian, and the | ||
matter shall be referred to the chief judge presiding over | ||
matters pursuant to this Act. | ||
(3) In determining whether the records should be | ||
available for inspection, the court shall consider the | ||
minor's interest in confidentiality and rehabilitation | ||
over the moving party's interest in obtaining the | ||
information. Any records obtained in violation of this | ||
subsection (C) shall not be admissible in any criminal or | ||
civil proceeding, or operate to disqualify a minor from | ||
subsequently holding public office or securing employment, | ||
or operate as a forfeiture of any public benefit, right, | ||
privilege, or right to receive any license granted by | ||
public authority.
| ||
(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, and personnel of an | ||
independent agency created by ordinance and charged by a unit | ||
of local government with the duty of investigating the conduct | ||
of 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. 96-419, eff. 8-13-09; 97-700, eff. 6-22-12; | ||
97-1083, eff. 8-24-12; 97-1104, eff. 1-1-13; revised 9-20-12.)
| ||
(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 Violent 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.
| ||
(A-1) Findings and exclusions of paternity entered in | ||
proceedings occurring under Article II of this Act shall be | ||
disclosed, in a manner and form approved by the Presiding Judge | ||
of the Juvenile Court, to the Department of Healthcare and | ||
Family Services when necessary to discharge the duties of the | ||
Department of Healthcare and Family Services under Article X of | ||
the Illinois Public Aid Code. | ||
(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 | ||
presiding over matters pursuant to this Act. | ||
(0.1) In cases where the records concern a pending | ||
juvenile court case, the party seeking to inspect the | ||
juvenile court records shall provide actual notice to the | ||
attorney or guardian ad litem of the minor whose records | ||
are sought. | ||
(0.2) In cases where the records concern a juvenile | ||
court case that is no longer pending, the party seeking to | ||
inspect the juvenile court records shall provide actual | ||
notice to the minor or the minor's parent or legal | ||
guardian, and the matter shall be referred to the chief | ||
judge presiding over matters pursuant to this Act. | ||
(0.3) In determining whether the records should be | ||
available for inspection, the court shall consider the | ||
minor's interest in confidentiality and rehabilitation | ||
over the moving party's interest in obtaining the | ||
information. The State's Attorney, the minor, and the | ||
minor's parents, guardian, and counsel shall at all times | ||
have the right to examine court files and records. For | ||
purposes of obtaining documents pursuant to this Section, a | ||
civil subpoena is not an order of the court. | ||
(0.4) Any records obtained in violation of this |
subsection (C) shall not be admissible in any criminal or | ||
civil proceeding, or operate to disqualify a minor from | ||
subsequently holding public office, or operate as a | ||
forfeiture of any public benefit, right, privilege, or | ||
right to receive any license granted by public authority.
| ||
(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, (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, | ||
(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 11-1.20 through 11-1.60 or | ||
12-13 through 12-16 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 ,
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 or the | ||
Criminal Code of 2012 , 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. 96-212, eff. 8-10-09; 96-1551, eff. 7-1-11; | ||
97-813, eff. 7-13-12.)
| ||
(705 ILCS 405/2-3) (from Ch. 37, par. 802-3) | ||
Sec. 2-3. Neglected or abused minor. | ||
(1) Those who are neglected include: | ||
(a) any minor under 18 years of age who is not | ||
receiving
the proper or necessary support, education as
| ||
required by law, or medical or other remedial care | ||
recognized under
State law as necessary for a minor'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 parent or parents or | ||
other person or persons responsible for
the minor's | ||
welfare, except that a minor shall not be considered | ||
neglected
for the sole reason that the minor's parent or |
parents or other person or persons responsible for the
| ||
minor's welfare have left the minor in the care of an adult | ||
relative for any
period of time, who the parent or parents | ||
or other person responsible for the minor's welfare know is | ||
both a mentally capable adult relative and physically | ||
capable adult relative, as defined by this Act; or | ||
(b) any minor under 18 years of age whose environment | ||
is injurious
to his or her welfare; or | ||
(c) any 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, as now or hereafter amended, or a
| ||
metabolite of a controlled substance, with the exception of | ||
controlled
substances or metabolites of such substances, | ||
the presence of which in the
newborn infant is the result | ||
of medical treatment administered to the
mother or the | ||
newborn infant; or | ||
(d) any minor under the age of 14 years whose parent or | ||
other person
responsible for the minor's welfare leaves the | ||
minor without
supervision for an unreasonable period of | ||
time without regard for the mental or
physical health, | ||
safety, or welfare of that minor; or | ||
(e) any minor who has been provided with interim crisis | ||
intervention
services under Section 3-5 of this Act and | ||
whose parent, guardian, or custodian
refuses to permit the | ||
minor to return home unless the minor is an immediate |
physical danger to himself, herself, or others living in | ||
the home.
| ||
Whether the minor was left without regard for the mental or | ||
physical health,
safety, or welfare of that minor or the period | ||
of time was unreasonable shall
be determined by considering the | ||
following factors, including but not limited
to: | ||
(1) the age of the minor; | ||
(2) the number of minors left at the location; | ||
(3) special needs of the minor, including whether the | ||
minor is physically
or mentally handicapped, or otherwise | ||
in need of ongoing prescribed medical
treatment such as | ||
periodic doses of insulin or other medications; | ||
(4) the duration of time in which the minor was left | ||
without supervision; | ||
(5) the condition and location of the place where the | ||
minor was left
without supervision; | ||
(6) the time of day or night when the minor was left | ||
without supervision; | ||
(7) the weather conditions, including whether the | ||
minor was left in a
location with adequate protection from | ||
the natural elements such as adequate
heat or light; | ||
(8) the location of the parent or guardian at the time | ||
the minor was left
without supervision, the physical | ||
distance the minor was from the parent or
guardian at the | ||
time the minor was without supervision; | ||
(9) whether the minor's movement was restricted, or the |
minor was
otherwise locked within a room or other | ||
structure; | ||
(10) whether the minor was given a phone number of a | ||
person or location to
call in the event of an emergency and | ||
whether the minor was capable of making
an emergency call; | ||
(11) whether there was food and other provision left | ||
for the minor; | ||
(12) whether any of the conduct is attributable to | ||
economic hardship or
illness and the parent, guardian or | ||
other person having physical custody or
control of the | ||
child made a good faith effort to provide for the health | ||
and
safety of the minor; | ||
(13) the age and physical and mental capabilities of | ||
the person or persons
who provided supervision for the | ||
minor; | ||
(14) whether the minor was left under the supervision | ||
of another person; | ||
(15) any other factor that would endanger the health | ||
and safety of that
particular minor. | ||
A minor shall not be considered neglected for the sole | ||
reason that the
minor has been relinquished in accordance with | ||
the Abandoned Newborn Infant
Protection Act. | ||
(2) Those who are abused include any minor under 18 years | ||
of age whose
parent or immediate family member, or any person | ||
responsible
for the minor's welfare, or any person who is in | ||
the same family or household
as the minor, or any individual |
residing in the same home as the minor, or
a paramour of the | ||
minor's parent: | ||
(i) inflicts, causes to be inflicted, or allows to be | ||
inflicted upon
such minor 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; | ||
(ii) creates a substantial risk of physical injury to | ||
such minor by
other than accidental means which would be | ||
likely to cause death,
disfigurement, impairment of | ||
emotional health, or loss or impairment of any
bodily | ||
function; | ||
(iii) commits or allows to be committed any sex offense | ||
against such
minor, as such sex offenses are defined in the | ||
Criminal Code of 1961 or the Criminal Code of 2012 , as
| ||
amended, or in the Wrongs to Children Act, and extending | ||
those definitions of sex offenses to include minors
under | ||
18 years of age; | ||
(iv) commits or allows to be committed an act or acts | ||
of torture upon
such minor; | ||
(v) inflicts excessive corporal punishment; | ||
(vi) commits or allows to be committed the offense of | ||
involuntary servitude, involuntary sexual servitude of a | ||
minor, or trafficking in persons as defined in Section 10-9 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012 , | ||
upon such minor; or |
(vii) allows, encourages or requires a minor to commit | ||
any act of prostitution, as defined in the Criminal Code of | ||
1961 or the Criminal Code of 2012 , and extending those | ||
definitions to include minors under 18 years of age. | ||
A minor shall not be considered abused for the sole reason | ||
that the minor
has been relinquished in accordance with the | ||
Abandoned Newborn Infant
Protection Act. | ||
(3) This Section does not apply to a minor who would be | ||
included
herein solely for the purpose of qualifying for | ||
financial assistance for
himself, his parents, guardian or | ||
custodian. | ||
(Source: P.A. 96-168, eff. 8-10-09; 96-1464, eff. 8-20-10; | ||
97-897, eff. 1-1-13.)
| ||
(705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
| ||
Sec. 2-10. Temporary custody hearing. At the appearance of | ||
the
minor before the court at the temporary custody hearing, | ||
all
witnesses present shall be examined before the court in | ||
relation to any
matter connected with the allegations made in | ||
the petition.
| ||
(1) If the court finds that there is not probable cause to | ||
believe
that the minor is abused, neglected or dependent it | ||
shall release
the minor and dismiss the petition.
| ||
(2) If the court finds that there is probable cause to | ||
believe that
the minor is abused, neglected or dependent, the | ||
court shall state in writing
the factual basis supporting its |
finding and the minor, his or her parent,
guardian, custodian | ||
and other persons able to give relevant testimony
shall be | ||
examined before the court. The Department of Children and
| ||
Family Services shall give testimony concerning indicated | ||
reports of abuse
and neglect, of which they are aware of | ||
through the central registry,
involving the minor's parent, | ||
guardian or custodian. After such
testimony, the court may, | ||
consistent with
the health,
safety and best interests of the | ||
minor,
enter an order that the minor shall be released
upon the | ||
request of parent, guardian or custodian if the parent, | ||
guardian
or custodian appears to take custody. If it is | ||
determined that a parent's, guardian's, or custodian's | ||
compliance with critical services mitigates the necessity for | ||
removal of the minor from his or her home, the court may enter | ||
an Order of Protection setting forth reasonable conditions of | ||
behavior that a parent, guardian, or custodian must observe for | ||
a specified period of time, not to exceed 12 months, without a | ||
violation; provided, however, that the 12-month period shall | ||
begin anew after any violation. Custodian shall include any | ||
agency of
the State which has been given custody or wardship of | ||
the child. If it is
consistent with the health, safety and best | ||
interests of the
minor, the
court may also prescribe shelter | ||
care and
order that the minor be kept in a suitable place | ||
designated by the court or in
a shelter care facility | ||
designated by the Department of Children and Family
Services or | ||
a licensed child welfare
agency; however, a minor charged with |
a
criminal offense under the Criminal Code of 1961 or the | ||
Criminal Code of 2012 or adjudicated delinquent
shall not be | ||
placed in the custody of or committed to the Department of
| ||
Children and Family Services by any court, except a minor less | ||
than 15
years of age and committed to the Department of | ||
Children and Family Services
under Section 5-710 of this Act or | ||
a minor for whom an independent
basis of
abuse, neglect, or | ||
dependency exists.
An independent basis exists when the | ||
allegations or adjudication of abuse, neglect, or dependency do | ||
not arise from the same facts, incident, or circumstances which | ||
give rise to a charge or adjudication of delinquency.
| ||
In placing the minor, the Department or other
agency shall, | ||
to the extent
compatible with the court's order, comply with | ||
Section 7 of the Children and
Family Services Act.
In | ||
determining
the health, safety and best interests of the minor | ||
to prescribe shelter
care, the court must
find that it is a | ||
matter of immediate and urgent necessity for the safety
and | ||
protection
of the minor or of the person or property of another | ||
that the minor be placed
in a shelter care facility or that he | ||
or she is likely to flee the jurisdiction
of the court, and | ||
must further find that reasonable efforts have been made or
| ||
that, consistent with the health, safety and best interests of
| ||
the minor, no efforts reasonably can be made to
prevent or | ||
eliminate the necessity of removal of the minor from his or her
| ||
home. The court shall require documentation from the Department | ||
of Children and
Family Services as to the reasonable efforts |
that were made to prevent or
eliminate the necessity of removal | ||
of the minor from his or her home or the
reasons why no efforts | ||
reasonably could be made to prevent or eliminate the
necessity | ||
of removal. When a minor is placed in the home of a relative, | ||
the
Department of Children and Family Services shall complete a | ||
preliminary
background review of the members of the minor's | ||
custodian's household in
accordance with Section 4.3 of the | ||
Child Care Act of 1969 within 90 days of
that placement. If the | ||
minor is ordered placed in a shelter care facility of
the | ||
Department of Children and
Family Services or a licensed child | ||
welfare agency, the court shall, upon
request of the | ||
appropriate Department or other agency, appoint the
Department | ||
of Children and Family Services Guardianship Administrator or
| ||
other appropriate agency executive temporary custodian of the | ||
minor and the
court may enter such other orders related to the | ||
temporary custody as it
deems fit and proper, including the | ||
provision of services to the minor or
his family to ameliorate | ||
the causes contributing to the finding of probable
cause or to | ||
the finding of the existence of immediate and urgent necessity.
| ||
Where the Department of Children and Family Services | ||
Guardianship Administrator is appointed as the executive | ||
temporary custodian, the Department of Children and Family | ||
Services shall file with the court and serve on the parties a | ||
parent-child visiting plan, within 10 days, excluding weekends | ||
and holidays, after the appointment. The parent-child visiting | ||
plan shall set out the time and place of visits, the frequency |
of visits, the length of visits, who shall be present at the | ||
visits, and where appropriate, the minor's opportunities to | ||
have telephone and mail communication with the parents. | ||
Where the Department of Children and Family Services | ||
Guardianship Administrator is
appointed as the executive | ||
temporary custodian, and when the child has siblings in care,
| ||
the Department of Children and Family Services shall file with | ||
the court and serve on the
parties a sibling placement and | ||
contact plan within 10 days, excluding weekends and
holidays, | ||
after the appointment. The sibling placement and contact plan | ||
shall set forth
whether the siblings are placed together, and | ||
if they are not placed together, what, if any,
efforts are | ||
being made to place them together. If the Department has | ||
determined that it is
not in a child's best interest to be | ||
placed with a sibling, the Department shall document in
the | ||
sibling placement and contact plan the basis for its | ||
determination. For siblings placed
separately, the sibling | ||
placement and contact plan shall set the time and place for | ||
visits,
the frequency of the visits, the length of visits, who | ||
shall be present for the visits, and
where appropriate, the | ||
child's opportunities to have contact with their siblings in | ||
addition to
in person contact. If the Department determines it | ||
is not in the best interest of a sibling to
have contact with a | ||
sibling, the Department shall document in the sibling placement | ||
and
contact plan the basis for its determination. The sibling | ||
placement and contact plan shall
specify a date for development |
of the Sibling Contact Support Plan, under subsection (f) of | ||
Section 7.4 of the Children and Family Services Act, and shall | ||
remain in effect until the Sibling Contact Support Plan is | ||
developed. | ||
For good cause, the court may waive the requirement to | ||
file the parent-child visiting plan or the sibling placement | ||
and contact plan, or extend the time for filing either plan. | ||
Any party may, by motion, request the court to review the | ||
parent-child visiting plan to determine whether it is | ||
reasonably calculated to expeditiously facilitate the | ||
achievement of the permanency goal. A party may, by motion, | ||
request the court to review the parent-child visiting plan or | ||
the sibling placement and contact plan to determine whether it | ||
is consistent with the minor's best interest. The court may | ||
refer the parties to mediation where available. The frequency, | ||
duration, and locations of visitation shall be measured by the | ||
needs of the child and family, and not by the convenience of | ||
Department personnel. Child development principles shall be | ||
considered by the court in its analysis of how frequent | ||
visitation should be, how long it should last, where it should | ||
take place, and who should be present. If upon motion of the | ||
party to review either plan and after receiving evidence, the | ||
court determines that the parent-child visiting plan is not | ||
reasonably calculated to expeditiously facilitate the | ||
achievement of the permanency goal or that the restrictions | ||
placed on parent-child contact or sibling placement or contact |
are contrary to the child's best interests, the court shall put | ||
in writing the factual basis supporting the determination and | ||
enter specific findings based on the evidence. The court shall | ||
enter an order for the Department to implement changes to the | ||
parent-child visiting plan or sibling placement or contact | ||
plan, consistent with the court's findings. At any stage of | ||
proceeding, any party may by motion request the court to enter | ||
any orders necessary to implement the parent-child visiting | ||
plan, sibling placement or contact plan or subsequently | ||
developed Sibling Contact Support Plan. Nothing under this | ||
subsection (2) shall restrict the court from granting | ||
discretionary authority to the Department to increase | ||
opportunities for additional parent-child contacts or sibling | ||
contacts, without further court orders. Nothing in this | ||
subsection (2) shall restrict the Department from immediately | ||
restricting or terminating parent-child contact or sibling | ||
contacts, without either amending the parent-child visiting | ||
plan or the sibling contact plan or obtaining a court order, | ||
where the Department or its assigns reasonably believe that | ||
continuation of the contact, as set out in the plan, would be | ||
contrary to the child's health, safety, and welfare. The | ||
Department shall file with the court and serve on the parties | ||
any amendments to the plan within 10 days, excluding weekends | ||
and holidays, of the change of the visitation.
| ||
Acceptance of services shall not be considered an admission | ||
of any
allegation in a petition made pursuant to this Act, nor |
may a referral of
services be considered as evidence in any | ||
proceeding pursuant to this Act,
except where the issue is | ||
whether the Department has made reasonable
efforts to reunite | ||
the family. In making its findings that it is
consistent with | ||
the health, safety and best
interests of the minor to prescribe | ||
shelter care, the court shall state in
writing (i) the factual | ||
basis supporting its findings concerning the
immediate and | ||
urgent necessity for the protection of the minor or of the | ||
person
or property of another and (ii) the factual basis | ||
supporting its findings that
reasonable efforts were made to | ||
prevent or eliminate the removal of the minor
from his or her | ||
home or that no efforts reasonably could be made to prevent or
| ||
eliminate the removal of the minor from his or her home. The
| ||
parents, guardian, custodian, temporary custodian and minor | ||
shall each be
furnished a copy of such written findings. The | ||
temporary custodian shall
maintain a copy of the court order | ||
and written findings in the case record
for the child. The | ||
order together with the court's findings of fact in
support | ||
thereof shall be entered of record in the court.
| ||
Once the court finds that it is a matter of immediate and | ||
urgent necessity
for the protection of the minor that the minor | ||
be placed in a shelter care
facility, the minor shall not be | ||
returned to the parent, custodian or guardian
until the court | ||
finds that such placement is no longer necessary for the
| ||
protection of the minor.
| ||
If the child is placed in the temporary custody of the |
Department of
Children
and Family
Services for his or her | ||
protection, the court shall admonish the parents,
guardian,
| ||
custodian or responsible relative that the parents must | ||
cooperate with the
Department of Children and Family Services, | ||
comply
with the terms of the service plans, and correct the | ||
conditions which require
the child to be in care, or risk | ||
termination of their parental
rights.
| ||
(3) If prior to the shelter care hearing for a minor | ||
described in Sections
2-3, 2-4, 3-3 and 4-3 the moving party is | ||
unable to serve notice on the
party respondent, the shelter | ||
care hearing may proceed ex-parte. A shelter
care order from an | ||
ex-parte hearing shall be endorsed with the date and
hour of | ||
issuance and shall be filed with the clerk's office and entered | ||
of
record. The order shall expire after 10 days from the time | ||
it is issued
unless before its expiration it is renewed, at a | ||
hearing upon appearance
of the party respondent, or upon an | ||
affidavit of the moving party as to all
diligent efforts to | ||
notify the party respondent by notice as herein
prescribed. The | ||
notice prescribed shall be in writing and shall be
personally | ||
delivered to the minor or the minor's attorney and to the last
| ||
known address of the other person or persons entitled to | ||
notice. The
notice shall also state the nature of the | ||
allegations, the nature of the
order sought by the State, | ||
including whether temporary custody is sought,
and the | ||
consequences of failure to appear and shall contain a notice
| ||
that the parties will not be entitled to further written |
notices or publication
notices of proceedings in this case, | ||
including the filing of an amended
petition or a motion to | ||
terminate parental rights, except as required by
Supreme Court | ||
Rule 11; and shall explain the
right of
the parties and the | ||
procedures to vacate or modify a shelter care order as
provided | ||
in this Section. The notice for a shelter care hearing shall be
| ||
substantially as follows:
| ||
NOTICE TO PARENTS AND CHILDREN
| ||
OF SHELTER CARE HEARING
| ||
On ................ at ........., before the Honorable | ||
................,
(address:) ................., the State | ||
of Illinois will present evidence
(1) that (name of child | ||
or children) ....................... are abused,
neglected | ||
or dependent for the following reasons:
| ||
..............................................
and (2) | ||
whether there is "immediate and urgent necessity" to remove | ||
the child
or children from the responsible relative.
| ||
YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN | ||
PLACEMENT of the
child or children in foster care until a | ||
trial can be held. A trial may
not be held for up to 90 | ||
days. You will not be entitled to further notices
of | ||
proceedings in this case, including the filing of an | ||
amended petition or a
motion to terminate parental rights.
| ||
At the shelter care hearing, parents have the following | ||
rights:
| ||
1. To ask the court to appoint a lawyer if they |
cannot afford one.
| ||
2. To ask the court to continue the hearing to | ||
allow them time to
prepare.
| ||
3. To present evidence concerning:
| ||
a. Whether or not the child or children were | ||
abused, neglected
or dependent.
| ||
b. Whether or not there is "immediate and | ||
urgent necessity" to remove
the child from home | ||
(including: their ability to care for the child,
| ||
conditions in the home, alternative means of | ||
protecting the child other
than removal).
| ||
c. The best interests of the child.
| ||
4. To cross examine the State's witnesses.
| ||
The Notice for rehearings shall be substantially as | ||
follows:
| ||
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
| ||
TO REHEARING ON TEMPORARY CUSTODY
| ||
If you were not present at and did not have adequate | ||
notice of the
Shelter Care Hearing at which temporary | ||
custody of ............... was
awarded to | ||
................, you have the right to request a full | ||
rehearing
on whether the State should have temporary | ||
custody of ................. To
request this rehearing, | ||
you must file with the Clerk of the Juvenile Court
| ||
(address): ........................, in person or by |
mailing a statement
(affidavit) setting forth the | ||
following:
| ||
1. That you were not present at the shelter care | ||
hearing.
| ||
2. That you did not get adequate notice (explaining | ||
how the notice
was inadequate).
| ||
3. Your signature.
| ||
4. Signature must be notarized.
| ||
The rehearing should be scheduled within 48 hours of | ||
your filing this
affidavit.
| ||
At the rehearing, your rights are the same as at the | ||
initial shelter care
hearing. The enclosed notice explains | ||
those rights.
| ||
At the Shelter Care Hearing, children have the | ||
following rights:
| ||
1. To have a guardian ad litem appointed.
| ||
2. To be declared competent as a witness and to | ||
present testimony
concerning:
| ||
a. Whether they are abused, neglected or | ||
dependent.
| ||
b. Whether there is "immediate and urgent | ||
necessity" to be
removed from home.
| ||
c. Their best interests.
| ||
3. To cross examine witnesses for other parties.
| ||
4. To obtain an explanation of any proceedings and | ||
orders of the
court.
|
(4) If the parent, guardian, legal custodian, responsible | ||
relative,
minor age 8 or over, or counsel of the minor did not | ||
have actual notice of
or was not present at the shelter care | ||
hearing, he or she may file an
affidavit setting forth these | ||
facts, and the clerk shall set the matter for
rehearing not | ||
later than 48 hours, excluding Sundays and legal holidays,
| ||
after the filing of the affidavit. At the rehearing, the court | ||
shall
proceed in the same manner as upon the original hearing.
| ||
(5) Only when there is reasonable cause to believe that the | ||
minor
taken into custody is a person described in subsection | ||
(3) of Section
5-105 may the minor be
kept or detained in a | ||
detention home or county or municipal jail. This
Section shall | ||
in no way be construed to limit subsection (6).
| ||
(6) No minor under 16 years of age may be confined in a | ||
jail or place
ordinarily used for the confinement of prisoners | ||
in a police station. Minors
under 17 years of age must be kept | ||
separate from confined adults and may
not at any time be kept | ||
in the same cell, room, or yard with adults confined
pursuant | ||
to the criminal law.
| ||
(7) If the minor is not brought before a judicial officer | ||
within the
time period as specified in Section 2-9, the minor | ||
must immediately be
released from custody.
| ||
(8) If neither the parent, guardian or custodian appears | ||
within 24
hours to take custody of a minor released upon | ||
request pursuant to
subsection (2) of this Section, then the | ||
clerk of the court shall set the
matter for rehearing not later |
than 7 days after the original order and
shall issue a summons | ||
directed to the parent, guardian or custodian to
appear. At the | ||
same time the probation department shall prepare a report
on | ||
the minor. If a parent, guardian or custodian does not appear | ||
at such
rehearing, the judge may enter an order prescribing | ||
that the minor be kept
in a suitable place designated by the | ||
Department of Children and Family
Services or a licensed child | ||
welfare agency.
| ||
(9) Notwithstanding any other provision of this
Section any | ||
interested party, including the State, the temporary
| ||
custodian, an agency providing services to the minor or family | ||
under a
service plan pursuant to Section 8.2 of the Abused and | ||
Neglected Child
Reporting Act, foster parent, or any of their | ||
representatives, on notice
to all parties entitled to notice, | ||
may file a motion that it is in the best
interests of the minor | ||
to modify or vacate a
temporary custody order on any of the | ||
following grounds:
| ||
(a) It is no longer a matter of immediate and urgent | ||
necessity that the
minor remain in shelter care; or
| ||
(b) There is a material change in the circumstances of | ||
the natural
family from which the minor was removed and the | ||
child can be cared for at
home without endangering the | ||
child's health or safety; or
| ||
(c) A person not a party to the alleged abuse, neglect | ||
or dependency,
including a parent, relative or legal | ||
guardian, is capable of assuming
temporary custody of the |
minor; or
| ||
(d) Services provided by the Department of Children and | ||
Family Services
or a child welfare agency or other service | ||
provider have been successful in
eliminating the need for | ||
temporary custody and the child can be cared for at
home | ||
without endangering the child's health or safety.
| ||
In ruling on the motion, the court shall determine whether | ||
it is consistent
with the health, safety and best interests of | ||
the minor to modify
or vacate a temporary custody order.
| ||
The clerk shall set the matter for hearing not later than | ||
14 days after
such motion is filed. In the event that the court | ||
modifies or vacates a
temporary custody order but does not | ||
vacate its finding of probable cause,
the court may order that | ||
appropriate services be continued or initiated in
behalf of the | ||
minor and his or her family.
| ||
(10) When the court finds or has found that there is | ||
probable cause to
believe a minor is an abused minor as | ||
described in subsection (2) of Section
2-3
and that there is an | ||
immediate and urgent necessity for the abused minor to be
| ||
placed in shelter care, immediate and urgent necessity shall be | ||
presumed for
any other minor residing in the same household as | ||
the abused minor provided:
| ||
(a) Such other minor is the subject of an abuse or | ||
neglect petition
pending before the court; and
| ||
(b) A party to the petition is seeking shelter care for | ||
such other minor.
|
Once the presumption of immediate and urgent necessity has | ||
been raised, the
burden of demonstrating the lack of immediate | ||
and urgent necessity shall be on
any party that is opposing | ||
shelter care for the other minor.
| ||
(Source: P.A. 97-1076, eff. 8-24-12.)
| ||
(705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
| ||
Sec. 2-13. Petition.
| ||
(1) Any adult person, any agency or association by its
| ||
representative may file, or the court on its own motion, | ||
consistent with the
health, safety and best interests of the | ||
minor may direct the
filing through the State's Attorney of a | ||
petition in respect of a minor
under this Act. The petition and | ||
all subsequent court documents shall be
entitled "In the | ||
interest of ...., a minor".
| ||
(2) The petition shall be verified but the statements may | ||
be made
upon information and belief. It shall allege that the | ||
minor is
abused, neglected, or dependent, with citations to the | ||
appropriate
provisions of this Act,
and set forth (a) facts | ||
sufficient to bring the minor
under Section 2-3 or 2-4 and to | ||
inform respondents of the cause of action,
including, but not | ||
limited to, a plain and concise statement of the factual
| ||
allegations that form the basis for the filing of the petition; | ||
(b) the name,
age and residence of the minor; (c) the names and | ||
residences of his parents;
(d) the name and residence of his
| ||
legal guardian or the person or persons having custody or |
control of the
minor, or of the nearest known relative if no | ||
parent or guardian can be
found; and (e) if the minor upon | ||
whose behalf the petition is brought is
sheltered in custody, | ||
the date on which such temporary custody
was ordered by the
| ||
court or the date set for a temporary custody hearing. If any | ||
of the facts
herein required are not known by the petitioner, | ||
the petition shall so
state.
| ||
(3) The petition must allege that it is in the best | ||
interests of the
minor and of the public that he be adjudged a | ||
ward of the court and may
pray generally for relief available | ||
under this Act. The petition need
not specify any proposed | ||
disposition following adjudication of wardship. The petition | ||
may request that the minor remain in the custody of the parent, | ||
guardian, or custodian under an Order of Protection.
| ||
(4) If termination of parental rights and appointment of a | ||
guardian of the
person with power to consent to adoption of the | ||
minor under Section 2-29 is
sought, the petition shall so | ||
state. If the petition includes this request,
the prayer for | ||
relief shall clearly and obviously state that the parents could
| ||
permanently lose their rights as a parent at this hearing.
| ||
In addition to the foregoing, the petitioner, by motion, | ||
may request the
termination of parental rights and appointment | ||
of a guardian of the person with
power to consent to adoption | ||
of the minor under Section 2-29 at any time after
the entry of | ||
a dispositional order under Section 2-22.
| ||
(4.5) (a) With respect to any minors committed to its care |
pursuant to
this Act, the Department of Children and Family | ||
Services shall request the
State's Attorney to file a petition | ||
or motion for termination of parental
rights and appointment of | ||
guardian of the person with power to consent to
adoption of the | ||
minor under Section 2-29 if:
| ||
(i) a minor has been in foster care, as described in | ||
subsection (b), for
15 months of the most recent 22 months; | ||
or
| ||
(ii) a minor under the age of 2 years has been | ||
previously determined to be
abandoned at an adjudicatory | ||
hearing; or
| ||
(iii) the parent is criminally convicted of (A) first | ||
degree murder or
second degree murder of any child, (B) | ||
attempt or conspiracy to commit first
degree murder or | ||
second degree murder of any child, (C) solicitation to | ||
commit
murder of any child, solicitation to commit murder | ||
for hire of any child, or
solicitation to
commit second | ||
degree murder of any child, (D)
aggravated battery, | ||
aggravated battery of a child, or felony domestic battery,
| ||
any of which has resulted in serious injury to the minor or | ||
a sibling of the
minor, (E) aggravated criminal sexual | ||
assault in
violation of subdivision (a)(1) of Section | ||
11-1.40 or subdivision (a)(1) (b)(1) of Section 12-14.1 | ||
12-14 of the Criminal Code of 1961 or the Criminal Code of | ||
2012 ,
or
(F) an offense in any other state the elements of | ||
which are similar and bear a
substantial relationship to |
any of the foregoing offenses
| ||
unless:
| ||
(i) the child
is being cared for by a relative,
| ||
(ii) the Department has documented in the
case plan a | ||
compelling reason for determining that filing such | ||
petition would
not be in the best interests of the child,
| ||
(iii) the court has found within the
preceding 12 | ||
months that the Department has failed to make reasonable | ||
efforts
to reunify the child and family, or
| ||
(iv) paragraph (c) of this subsection (4.5)
provides | ||
otherwise.
| ||
(b) For purposes of this subsection, the date of entering | ||
foster care is
defined as the earlier of:
| ||
(1) The date of a judicial finding at an adjudicatory | ||
hearing that the
child is an abused, neglected, or | ||
dependent minor; or
| ||
(2) 60 days after the date on which the child is | ||
removed from his or her
parent, guardian, or legal | ||
custodian.
| ||
(c) With respect to paragraph (a)(i), the following | ||
transition rules shall
apply:
| ||
(1) If the child entered foster care after November 19, | ||
1997 and
this amendatory Act of 1998 takes effect before | ||
the child has been in
foster care for 15 months of the | ||
preceding 22 months, then the Department shall
comply with | ||
the requirements of paragraph (a) of this subsection (4.5) |
for that
child as soon as the child has been in foster care | ||
for 15 of the preceding 22
months.
| ||
(2) If the child entered foster care after November 19, | ||
1997 and
this amendatory Act of 1998 takes effect after the | ||
child has been in foster
care for 15 of the preceding 22 | ||
months, then the Department shall comply with
the | ||
requirements of paragraph (a) of this subsection (4.5) for | ||
that child
within 3 months after the end of the next | ||
regular session of the General
Assembly.
| ||
(3) If the child entered foster care prior to November | ||
19, 1997, then the
Department shall comply with the | ||
requirements of paragraph (a) of this
subsection (4.5) for | ||
that child in accordance with Department policy or rule.
| ||
(d) If the State's Attorney determines that the | ||
Department's request for
filing of a petition or motion | ||
conforms to the requirements set forth in
subdivisions (a), | ||
(b), and (c) of this subsection (4.5), then the State's
| ||
Attorney shall file the petition or motion as requested.
| ||
(5) The court shall liberally allow the petitioner to amend | ||
the petition to
set forth a cause of action or to add, amend, | ||
or supplement factual allegations
that form the basis for a | ||
cause of action up until 14 days before the
adjudicatory | ||
hearing. The petitioner may amend the petition after that date
| ||
and prior to the adjudicatory hearing if the court grants leave | ||
to amend upon a
showing of good cause.
The court may allow | ||
amendment of the
petition to conform with the evidence at any |
time prior to ruling. In all
cases in which the court has | ||
granted leave to amend based on new evidence or
new | ||
allegations, the court shall permit
the respondent an adequate | ||
opportunity to prepare a defense to the amended
petition.
| ||
(6) At any time before dismissal of the petition or before | ||
final closing
and discharge under Section 2-31, one or more | ||
motions in the best interests of
the minor may be filed. The | ||
motion shall specify sufficient facts in support
of the relief | ||
requested.
| ||
(Source: P.A. 95-405, eff. 6-1-08 .)
| ||
(705 ILCS 405/2-17) (from Ch. 37, par. 802-17)
| ||
Sec. 2-17. Guardian ad litem.
| ||
(1) Immediately upon the filing of a petition alleging that | ||
the minor is
a person described in Sections 2-3 or 2-4 of this | ||
Article, the court shall
appoint a guardian ad litem for the | ||
minor if:
| ||
(a) such petition alleges that the minor is an abused | ||
or neglected
child; or
| ||
(b) such petition alleges that charges alleging the | ||
commission
of any of the sex offenses defined in Article 11 | ||
or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||
11-1.60, 12-13,
12-14,
12-14.1,
12-15 or 12-16 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 , as | ||
amended , have been
filed against a defendant in any court | ||
and that such minor is the alleged
victim of the acts of |
defendant in the commission of such offense.
| ||
Unless the guardian ad litem appointed pursuant to this | ||
paragraph
(1) is an attorney at law he shall be represented in | ||
the performance
of his duties by counsel. The guardian ad litem | ||
shall represent the best
interests of the minor and shall | ||
present recommendations to the court
consistent with that duty.
| ||
(2) Before proceeding with the hearing, the court shall
| ||
appoint a guardian ad litem for the minor if
| ||
(a) no parent, guardian, custodian or relative of the | ||
minor appears
at the first or any subsequent hearing of the | ||
case;
| ||
(b) the petition prays for the appointment of a | ||
guardian with power
to consent to adoption; or
| ||
(c) the petition for which the minor is before the | ||
court resulted
from a report made pursuant to the Abused | ||
and Neglected Child Reporting
Act.
| ||
(3) The court may appoint a guardian ad litem for the minor | ||
whenever
it finds that there may be a conflict of interest | ||
between the minor and
his parents or other custodian or that it | ||
is otherwise in the minor's
best interest to do so.
| ||
(4) Unless the guardian ad litem is an attorney, he shall | ||
be
represented by counsel.
| ||
(5) The reasonable fees of a guardian ad litem appointed | ||
under this
Section shall be fixed by the court and charged to | ||
the parents of the
minor, to the extent they are able to pay. | ||
If the parents are unable to
pay those fees, they shall be paid |
from the general fund of the county.
| ||
(6) A guardian ad litem appointed under this Section, shall | ||
receive
copies of any and all classified reports of child abuse | ||
and neglect made
under the Abused and Neglected Child Reporting | ||
Act in which the minor who
is the subject of a report under the | ||
Abused and Neglected Child Reporting
Act, is also the minor for | ||
whom the guardian ad litem is appointed under
this Section.
| ||
(7) The appointed
guardian ad
litem shall remain the | ||
child's guardian ad litem throughout the entire juvenile
trial | ||
court
proceedings, including permanency hearings and | ||
termination of parental rights
proceedings, unless there is a | ||
substitution entered by order of the court.
| ||
(8) The guardian
ad
litem or an agent of the guardian ad | ||
litem shall have a minimum of one
in-person contact with the | ||
minor and one contact with one
of the
current foster parents or | ||
caregivers prior to the
adjudicatory hearing, and at
least one | ||
additional in-person contact with the child and one contact | ||
with
one of the
current foster
parents or caregivers after the | ||
adjudicatory hearing but
prior to the first permanency hearing
| ||
and one additional in-person contact with the child and one | ||
contact with one
of the current
foster parents or caregivers | ||
each subsequent year. For good cause shown, the
judge may | ||
excuse face-to-face interviews required in this subsection.
| ||
(9) In counties with a population of 100,000 or more but | ||
less than
3,000,000, each guardian ad litem must successfully | ||
complete a training program
approved by the Department of |
Children and Family Services. The Department of
Children and | ||
Family Services shall provide training materials and documents | ||
to
guardians ad litem who are not mandated to attend the | ||
training program. The
Department of Children and Family | ||
Services shall develop
and
distribute to all guardians ad litem | ||
a bibliography containing information
including but not | ||
limited to the juvenile court process, termination of
parental | ||
rights, child development, medical aspects of child abuse, and | ||
the
child's need for safety and permanence.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
(705 ILCS 405/2-18) (from Ch. 37, par. 802-18) | ||
Sec. 2-18. Evidence. | ||
(1) At the adjudicatory hearing, the court shall first | ||
consider only the
question whether the minor is abused, | ||
neglected or dependent. The standard of
proof and the rules of | ||
evidence in the nature of civil proceedings in this
State are | ||
applicable to proceedings under this Article. If the petition | ||
also
seeks the appointment of a guardian of the person with
| ||
power to consent to adoption of the minor under Section 2-29, | ||
the court may
also consider legally admissible evidence at the | ||
adjudicatory hearing that one
or more grounds of unfitness | ||
exists under subdivision D of Section 1 of the
Adoption Act. | ||
(2) In any hearing under this Act, the following shall | ||
constitute prima
facie evidence of abuse or neglect, as the | ||
case may be: |
(a) proof that a minor has a medical diagnosis of | ||
battered child syndrome
is prima facie evidence of abuse; | ||
(b) proof that a minor has a medical diagnosis of | ||
failure to thrive
syndrome is prima facie evidence of | ||
neglect; | ||
(c) proof that a minor has a medical diagnosis of fetal | ||
alcohol syndrome
is prima facie evidence of neglect; | ||
(d) proof that a minor has a medical diagnosis at birth | ||
of withdrawal
symptoms from narcotics or barbiturates is | ||
prima facie evidence of neglect; | ||
(e) proof of injuries sustained by a minor or of the | ||
condition of a minor
of such a nature as would ordinarily | ||
not be sustained or exist except by
reason of the acts or | ||
omissions of the parent, custodian or guardian of
such | ||
minor shall be prima facie evidence of abuse or neglect, as | ||
the case may
be; | ||
(f) proof that a parent, custodian or guardian of a | ||
minor repeatedly used
a drug, to the extent that it has or | ||
would ordinarily have the effect of
producing in the user a | ||
substantial state of stupor, unconsciousness,
| ||
intoxication, hallucination, disorientation or | ||
incompetence, or a
substantial impairment of judgment, or a | ||
substantial manifestation of
irrationality, shall be prima | ||
facie evidence of neglect; | ||
(g) proof that a parent, custodian, or guardian of a | ||
minor repeatedly
used a controlled substance, as defined in |
subsection (f) of Section 102 of the
Illinois Controlled | ||
Substances Act, in the presence of the minor or a sibling
| ||
of the minor is prima facie evidence of neglect. "Repeated | ||
use", for the
purpose of this subsection, means more than | ||
one use of a controlled substance
as defined in subsection | ||
(f) of Section 102 of the Illinois Controlled
Substances | ||
Act; | ||
(h) proof that a newborn infant's 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 of a controlled
| ||
substance, with the exception of controlled substances or | ||
metabolites of those
substances, the presence of which is | ||
the result of medical treatment
administered to the mother | ||
or the newborn, is prime facie evidence of
neglect; | ||
(i) proof that a minor was present in a structure or | ||
vehicle in which the minor's parent, custodian, or guardian | ||
was involved in the manufacture of methamphetamine | ||
constitutes prima facie evidence of abuse and neglect;
| ||
(j) proof that a parent, custodian, or guardian of a | ||
minor allows, encourages, or requires a minor to perform, | ||
offer, or agree to perform any act of sexual penetration as | ||
defined in Section 11-0.1 12-12 of the Criminal Code of | ||
2012 1961 for any money, property, token, object, or | ||
article or anything of value, or any touching or fondling | ||
of the sex organs of one person by another person, for any |
money, property, token, object, or article or anything of | ||
value, for the purpose of sexual arousal or gratification, | ||
constitutes prima facie evidence of abuse and neglect; | ||
(k) proof that a parent, custodian, or guardian of a | ||
minor commits or allows to be committed the offense of | ||
involuntary servitude, involuntary sexual servitude of a | ||
minor, or trafficking in persons as defined in Section 10-9 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012 , | ||
upon such minor, constitutes prima facie evidence of abuse | ||
and neglect. | ||
(3) In any hearing under this Act, proof of the abuse, | ||
neglect or dependency
of one minor shall be admissible evidence | ||
on the issue of the abuse, neglect or
dependency of any other | ||
minor for whom the respondent is responsible. | ||
(4) (a) Any writing, record, photograph or x-ray of any | ||
hospital or public
or private agency, whether in the form of an | ||
entry in a book or otherwise,
made as a memorandum or record of | ||
any condition, act, transaction, occurrence
or event relating | ||
to a minor in an abuse, neglect or
dependency proceeding, shall | ||
be
admissible in evidence as proof of that condition, act, | ||
transaction, occurrence
or event, if the court finds that the | ||
document was made in the regular course
of the business of the | ||
hospital or agency and that it was in the regular
course of | ||
such business to make it, at the time of the act, transaction,
| ||
occurrence or event, or within a reasonable time thereafter. A | ||
certification
by the head or responsible employee of the |
hospital or agency that the writing,
record, photograph or | ||
x-ray is the full and complete record of the condition,
act, | ||
transaction, occurrence or event and that it satisfies the | ||
conditions
of this paragraph shall be prima facie evidence of | ||
the facts contained in
such certification. A certification by | ||
someone other than the head of the
hospital or agency shall be | ||
accompanied by a photocopy of a delegation of
authority signed | ||
by both the head of the hospital or agency and by such
other | ||
employee. All other circumstances of the making of the | ||
memorandum,
record, photograph or x-ray, including lack of | ||
personal knowledge of the
maker, may be proved to affect the | ||
weight to be accorded such evidence,
but shall not affect its | ||
admissibility. | ||
(b) Any indicated report filed pursuant to the Abused and | ||
Neglected Child
Reporting Act shall be admissible in evidence. | ||
(c) Previous statements made by the minor relating to any | ||
allegations
of abuse or neglect shall be admissible in | ||
evidence. However, no such
statement, if uncorroborated and not | ||
subject to cross-examination, shall be
sufficient in itself to | ||
support a finding of abuse or neglect. | ||
(d) There shall be a rebuttable presumption that a minor is | ||
competent
to testify in abuse or neglect proceedings. The court | ||
shall determine how
much weight to give to the minor's | ||
testimony, and may allow the minor to
testify in chambers with | ||
only the court, the court reporter and attorneys
for the | ||
parties present. |
(e) The privileged character of communication between any | ||
professional
person and patient or client, except privilege | ||
between attorney and client,
shall not apply to proceedings | ||
subject to this Article. | ||
(f) Proof of the impairment of emotional health or | ||
impairment of mental
or emotional condition as a result of the | ||
failure of the respondent to exercise
a minimum degree of care | ||
toward a minor may include competent opinion or
expert | ||
testimony, and may include proof that such impairment lessened | ||
during
a period when the minor was in the care, custody or | ||
supervision of a person
or agency other than the respondent. | ||
(5) In any hearing under this Act alleging neglect for | ||
failure to
provide education as required by law under | ||
subsection (1) of Section 2-3,
proof that a minor under 13 | ||
years of age who is subject to compulsory
school attendance | ||
under the School Code is a chronic truant as defined
under the | ||
School Code shall be prima facie evidence of neglect by the
| ||
parent or guardian in any hearing under this Act and proof that | ||
a minor who
is 13 years of age or older who is subject to | ||
compulsory school attendance
under the School Code is a chronic | ||
truant shall raise a rebuttable
presumption of neglect by the | ||
parent or guardian. This subsection (5)
shall not apply in | ||
counties with 2,000,000 or more inhabitants. | ||
(6) In any hearing under this Act, the court may take | ||
judicial notice of
prior sworn testimony or evidence admitted | ||
in prior proceedings involving
the same minor if (a) the |
parties were either represented by counsel at such
prior | ||
proceedings or the right to counsel was knowingly waived and | ||
(b) the
taking of judicial notice would not result in admitting | ||
hearsay evidence at a
hearing where it would otherwise be | ||
prohibited. | ||
(Source: P.A. 96-1464, eff. 8-20-10; 97-897, eff. 1-1-13.)
| ||
(705 ILCS 405/2-25) (from Ch. 37, par. 802-25)
| ||
Sec. 2-25. Order of protection.
| ||
(1) The court may make an order of
protection in assistance | ||
of or as a condition of any other order authorized
by this Act. | ||
The order of protection shall be based on the health, safety
| ||
and best interests of the minor and may set forth reasonable | ||
conditions of
behavior to be observed for a specified period. | ||
Such an order may require a
person:
| ||
(a) to stay away from the home or the minor;
| ||
(b) to permit a parent to visit the minor at stated | ||
periods;
| ||
(c) to abstain from offensive conduct against the | ||
minor, his parent or
any person to whom custody of the | ||
minor is awarded;
| ||
(d) to give proper attention to the care of the home;
| ||
(e) to cooperate in good faith with an agency to which | ||
custody of a
minor is entrusted by the court or with an | ||
agency or association to which
the minor is referred by the | ||
court;
|
(f) to prohibit and prevent any contact whatsoever with | ||
the respondent
minor by a specified individual or | ||
individuals who are alleged in either a
criminal or | ||
juvenile proceeding to have caused injury to a respondent
| ||
minor or a sibling of a respondent minor;
| ||
(g) to refrain from acts of commission or omission that | ||
tend to make
the home not a proper place for the minor;
| ||
(h) to refrain from contacting the minor and the foster | ||
parents in any
manner that is not specified in writing in | ||
the case plan.
| ||
(2) The court shall enter an order of protection
to | ||
prohibit and prevent any contact between a respondent minor
or | ||
a sibling of a respondent minor and any person named in a | ||
petition
seeking an order of protection who has been convicted | ||
of
heinous battery or aggravated battery under subdivision | ||
(a)(2) of Section 12-3.05,
aggravated battery of a child or | ||
aggravated battery under subdivision (b)(1) of Section | ||
12-3.05, criminal sexual assault, aggravated criminal sexual | ||
assault,
predatory criminal sexual assault of a child,
criminal | ||
sexual abuse, or aggravated criminal
sexual abuse as described | ||
in the Criminal Code of 1961 or the Criminal Code of 2012 , or | ||
has been
convicted of an offense that resulted in the death of | ||
a child, or has
violated a previous order of protection under | ||
this Section.
| ||
(3) When the court issues an order of protection against | ||
any person as
provided by this Section, the court shall direct |
a copy of such order to
the Sheriff of that county. The Sheriff | ||
shall furnish a copy of the order of
protection to the | ||
Department of State Police within 24 hours of
receipt, in the | ||
form and manner required by the Department. The Department
of | ||
State Police shall maintain a complete record and index of such | ||
orders
of protection and make this data available to all local | ||
law enforcement
agencies.
| ||
(4) After notice and opportunity for hearing afforded to a | ||
person
subject to an order of protection, the order may be | ||
modified or extended
for a further specified period or both or | ||
may be terminated if the court
finds that the health, safety, | ||
and best interests of the minor and the
public will be served
| ||
thereby.
| ||
(5) An order of protection may be sought at any time during | ||
the course
of any proceeding conducted pursuant to this Act if | ||
such an order is
consistent with the
health, safety, and best | ||
interests of the minor. Any person against whom
an order of | ||
protection is sought may retain counsel to represent him at a
| ||
hearing, and has rights to be present at the hearing, to be | ||
informed prior
to the hearing in writing of the contents of the | ||
petition seeking a
protective order and of the date, place and | ||
time of such hearing, and to
cross examine witnesses called by | ||
the petitioner and to present witnesses
and argument in | ||
opposition to the relief sought in the petition.
| ||
(6) Diligent efforts shall be made by the petitioner to | ||
serve any person
or persons against whom any order of |
protection is sought with written
notice of the contents of the | ||
petition seeking a protective order and
of the date, place and | ||
time at which the hearing on the petition is to be
held. When a | ||
protective order is being sought in conjunction with a
| ||
temporary custody hearing, if the court finds that the person | ||
against whom
the protective order is being sought has been | ||
notified of the hearing or
that diligent efforts have been made | ||
to notify such person, the court may
conduct a hearing. If a | ||
protective order is sought at any time other than
in | ||
conjunction with a temporary custody hearing, the court may
not | ||
conduct a hearing on the petition in the absence of the person | ||
against
whom the order is sought unless the petitioner has | ||
notified such person by
personal service at least 3 days before | ||
the hearing or has sent written
notice by first class mail to | ||
such person's last known address at least 5
days before the | ||
hearing.
| ||
(7) A person against whom an order of protection is being | ||
sought who is
neither a parent, guardian, legal custodian or | ||
responsible relative as
described in Section 1-5 is not a party | ||
or respondent as defined in that
Section and shall not be | ||
entitled to the rights provided therein.
Such person does not | ||
have a right to appointed counsel or to be
present at any | ||
hearing other than the hearing in which the order of protection
| ||
is being sought or a hearing directly pertaining to that order. | ||
Unless the
court orders otherwise, such person does not have a | ||
right to inspect the court
file.
|
(8) All protective orders entered under this Section shall | ||
be in
writing. Unless the person against whom the order was | ||
obtained was present
in court when the order was issued, the | ||
sheriff, other law enforcement
official or special process | ||
server shall
promptly serve that order upon that person and | ||
file proof of such service,
in the manner provided for service | ||
of process in civil proceedings. The
person against whom the | ||
protective order was obtained may seek a
modification of the | ||
order by filing a written motion to modify the order
within 7 | ||
days after actual receipt by the person of a copy of the order. | ||
Any
modification of the order granted by the court must be | ||
determined to be
consistent with the best interests of the | ||
minor.
| ||
(9) If a petition is filed charging a violation of a | ||
condition contained in the
protective order and if the court | ||
determines that this violation is of a critical service | ||
necessary to the safety and welfare of the minor, the court may | ||
proceed to findings and an order for temporary custody.
| ||
(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11; | ||
96-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff. | ||
1-1-13.)
| ||
(705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
| ||
Sec. 2-27. Placement; legal custody or guardianship.
| ||
(1) If the court determines and puts in writing the factual | ||
basis supporting
the determination of whether the parents, |
guardian, or legal custodian of a
minor adjudged a ward of the | ||
court are unfit or are unable, for some reason
other than | ||
financial circumstances alone, to care for, protect, train or
| ||
discipline the minor or are unwilling to do so, and that the
| ||
health, safety, and best
interest of the minor will be | ||
jeopardized if the minor remains in the custody
of his or her | ||
parents, guardian or
custodian, the court may at this hearing | ||
and at any later point:
| ||
(a) place the minor in the custody of a suitable | ||
relative or other person
as
legal custodian or guardian;
| ||
(a-5) with the approval of the Department of Children | ||
and Family
Services, place the minor in the subsidized | ||
guardianship of a suitable relative
or
other person as | ||
legal guardian; "subsidized guardianship" means a private
| ||
guardianship arrangement for children for whom the | ||
permanency goals of return
home and adoption have been | ||
ruled out and who meet the qualifications for
subsidized | ||
guardianship as defined by the Department of Children and | ||
Family
Services in administrative rules;
| ||
(b) place the minor under the guardianship of a | ||
probation officer;
| ||
(c) commit the minor to an agency for care or | ||
placement, except an
institution under the authority of the | ||
Department of Corrections or of
the Department of Children | ||
and Family Services;
| ||
(d) commit the minor to the Department of Children and |
Family Services for
care and service; however, a minor | ||
charged with a criminal offense under the
Criminal Code of | ||
1961 or the Criminal Code of 2012 or adjudicated delinquent | ||
shall not be placed in the
custody of or committed to the | ||
Department of Children and Family Services by
any court, | ||
except (i) a minor less than 15 years of age and committed | ||
to the
Department of Children and Family Services under | ||
Section 5-710 of this Act, (ii) a minor for whom an | ||
independent basis of abuse, neglect, or dependency exists, | ||
or (iii) a minor for whom the court has granted a | ||
supplemental petition to reinstate wardship pursuant to | ||
subsection (2) of Section 2-33 of this Act. An independent | ||
basis exists when the allegations or adjudication of abuse, | ||
neglect, or dependency do not arise from the same facts, | ||
incident, or circumstances which give rise to a charge or | ||
adjudication of delinquency. The
Department shall be given | ||
due notice of the pendency of the action and the
| ||
Guardianship Administrator of the Department of Children | ||
and Family Services
shall be appointed guardian of the | ||
person of the minor. Whenever the Department
seeks to | ||
discharge a minor from its care and service, the | ||
Guardianship
Administrator shall petition the court for an
| ||
order terminating guardianship. The Guardianship | ||
Administrator may
designate one or more other officers of | ||
the Department, appointed as
Department officers by | ||
administrative order of the Department Director,
|
authorized to affix the signature of the Guardianship | ||
Administrator to
documents affecting the guardian-ward | ||
relationship of children for whom
he or she has been | ||
appointed guardian at such times as he or she is unable to
| ||
perform
the duties of his or her office. The signature | ||
authorization shall include but
not be limited to matters | ||
of consent of marriage, enlistment in the
armed forces, | ||
legal proceedings, adoption, major medical and surgical
| ||
treatment and application for driver's license. Signature | ||
authorizations
made pursuant to the provisions of this | ||
paragraph shall be filed with
the Secretary of State and | ||
the Secretary of State shall provide upon
payment of the | ||
customary fee, certified copies of the authorization to
any | ||
court or individual who requests a copy.
| ||
(1.5) In making a determination under this Section, the | ||
court shall also
consider
whether, based on health, safety, and | ||
the best interests of the minor,
| ||
(a) appropriate services aimed
at family preservation | ||
and family reunification have been unsuccessful in
| ||
rectifying the conditions that have led to a finding of | ||
unfitness or inability
to care for, protect, train, or | ||
discipline the minor, or
| ||
(b) no family preservation or family reunification
| ||
services would be appropriate,
| ||
and if the petition or amended petition
contained an allegation | ||
that the
parent is an unfit
person as defined in subdivision |
(D) of Section 1 of the Adoption Act, and the
order of
| ||
adjudication
recites that parental unfitness was established | ||
by clear and convincing
evidence, the court
shall, when | ||
appropriate and in the best interest of the minor, enter an
| ||
order terminating parental rights and
appointing a guardian | ||
with
power to
consent to adoption in accordance with Section | ||
2-29.
| ||
When making a placement, the court, wherever possible, | ||
shall
require the Department of Children and Family Services to | ||
select a person
holding the same religious belief as that of | ||
the minor or a private agency
controlled by persons of like | ||
religious faith of the minor and shall require
the Department | ||
to otherwise comply with Section 7 of the Children and Family
| ||
Services Act in placing the child. In addition, whenever | ||
alternative plans for
placement are available, the court shall | ||
ascertain and consider, to the extent
appropriate in the | ||
particular case, the views and preferences of the minor.
| ||
(2) When a minor is placed with a suitable relative or | ||
other
person pursuant to item (a) of subsection (1),
the court | ||
shall appoint him or her the legal custodian or guardian of the
| ||
person of the minor. When a minor is committed to any agency, | ||
the court
shall appoint the proper officer or representative | ||
thereof as legal
custodian or guardian of the person of the | ||
minor. Legal custodians and
guardians of the person of the | ||
minor have the respective rights and duties set
forth in | ||
subsection (9) of Section 1-3 except as otherwise provided by |
order
of court; but no guardian of the person may consent to | ||
adoption of the
minor unless that authority is conferred upon | ||
him or her in accordance with
Section 2-29. An agency whose | ||
representative is appointed guardian of the
person or legal | ||
custodian of the minor may place the minor in any child care
| ||
facility, but the facility must be licensed under the Child | ||
Care Act of
1969 or have been approved by the Department of | ||
Children and Family Services
as meeting the standards | ||
established for such licensing. No agency may
place a minor | ||
adjudicated under Sections 2-3 or 2-4 in a child care facility
| ||
unless the placement is in compliance with the rules and | ||
regulations
for placement under this Section promulgated by the | ||
Department of Children
and Family Services under Section 5 of | ||
the Children and Family Services
Act. Like authority and | ||
restrictions shall be conferred by the court upon
any probation | ||
officer who has been appointed guardian of the person of a | ||
minor.
| ||
(3) No placement by any probation officer or agency whose | ||
representative
is appointed guardian of the person or legal | ||
custodian of a minor may be
made in any out of State child care | ||
facility unless it complies with the
Interstate Compact on the | ||
Placement of Children. Placement with a parent,
however, is not | ||
subject to that Interstate Compact.
| ||
(4) The clerk of the court shall issue to the legal | ||
custodian or
guardian of the person a certified copy of the | ||
order of court, as proof
of his authority. No other process is |
necessary as authority for the
keeping of the minor.
| ||
(5) Custody or guardianship granted under this Section | ||
continues until
the court otherwise directs, but not after the | ||
minor reaches the age
of 19 years except as set forth in | ||
Section 2-31, or if the minor was previously committed to the | ||
Department of Children and Family Services for care and service | ||
and the court has granted a supplemental petition to reinstate | ||
wardship pursuant to subsection (2) of Section 2-33.
| ||
(6) (Blank).
| ||
(Source: P.A. 95-642, eff. 6-1-08; 96-581, eff. 1-1-10.)
| ||
(705 ILCS 405/3-19) (from Ch. 37, par. 803-19)
| ||
Sec. 3-19. Guardian ad litem.
| ||
(1) Immediately upon the filing of a
petition alleging that | ||
the minor requires authoritative intervention,
the court may | ||
appoint a guardian ad litem for the minor if
| ||
(a) such petition alleges that the minor is the victim | ||
of sexual
abuse or misconduct; or
| ||
(b) such petition alleges that charges alleging the | ||
commission
of any of the sex offenses defined in Article 11 | ||
or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||
11-1.60, 12-13,
12-14,
12-14.1,
12-15 or 12-16 of the | ||
Criminal
Code of 1961 or the Criminal Code of 2012 , as | ||
amended , have been filed against a defendant in
any court | ||
and that such minor is the alleged victim of the acts
of | ||
the defendant in the commission of such offense.
|
(2) Unless the guardian ad litem appointed pursuant to | ||
paragraph
(1) is an attorney at law he shall be represented in | ||
the performance
of his duties by counsel.
| ||
(3) Before proceeding with the hearing, the court shall
| ||
appoint a guardian ad litem for the minor if
| ||
(a) no parent, guardian, custodian or relative of the | ||
minor appears
at the first or any subsequent hearing of the | ||
case;
| ||
(b) the petition prays for the appointment of a | ||
guardian with power
to consent to adoption; or
| ||
(c) the petition for which the minor is before the | ||
court resulted
from a report made pursuant to the Abused | ||
and Neglected Child Reporting Act.
| ||
(4) The court may appoint a guardian ad litem for the minor | ||
whenever
it finds that there may be a conflict of interest | ||
between the minor and
his parents or other custodian or that it | ||
is otherwise in the minor's
interest to do so.
| ||
(5) The reasonable fees of a guardian ad litem appointed | ||
under this
Section shall be fixed by the court and charged to | ||
the parents of the
minor, to the extent they are able to pay. | ||
If the parents are unable to
pay those fees, they shall be paid | ||
from the general fund of the county.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
(705 ILCS 405/3-26) (from Ch. 37, par. 803-26)
| ||
Sec. 3-26. Order of protection.
|
(1) The court may make an order of
protection in assistance | ||
of or as a
condition of any other order authorized by this Act. | ||
The order of
protection may set forth reasonable conditions of | ||
behavior to be observed
for a specified period. Such an order | ||
may require a person:
| ||
(a) To stay away from the home or the minor;
| ||
(b) To permit a parent to visit the minor at stated | ||
periods;
| ||
(c) To abstain from offensive conduct against the | ||
minor, his parent or
any person to whom custody of the | ||
minor is awarded;
| ||
(d) To give proper attention to the care of the home;
| ||
(e) To cooperate in good faith with an agency to which | ||
custody of a
minor is entrusted by the court or with an | ||
agency or association to which
the minor is referred by the | ||
court;
| ||
(f) To prohibit and prevent any contact whatsoever with | ||
the respondent
minor by a specified individual or | ||
individuals who are alleged in either a
criminal or | ||
juvenile proceeding to have caused injury to a respondent
| ||
minor or a sibling of a respondent minor;
| ||
(g) To refrain from acts of commission or omission that | ||
tend to make
the home not a proper place for the minor.
| ||
(2) The court shall enter an order of protection
to | ||
prohibit and prevent any contact between a respondent minor
or | ||
a sibling of a respondent minor and any person named in a |
petition
seeking an order of protection who has been convicted | ||
of
heinous battery or aggravated battery under subdivision | ||
(a)(2) of Section 12-3.05,
aggravated battery of a child or | ||
aggravated battery under subdivision (b)(1) of Section | ||
12-3.05, criminal sexual assault, aggravated criminal sexual | ||
assault,
predatory criminal sexual assault of a child,
criminal | ||
sexual abuse, or aggravated criminal
sexual abuse as described | ||
in the Criminal Code of 1961 or the Criminal Code of 2012 , or | ||
has been
convicted of an offense that resulted in the death of | ||
a child, or has
violated a previous order of protection under | ||
this Section.
| ||
(3) When the court issues an order of protection against | ||
any person as
provided by this Section, the court shall direct | ||
a copy of such order to
the Sheriff of that county. The Sheriff | ||
shall furnish a copy of the
order of protection to the | ||
Department of State Police within 24
hours of
receipt, in the | ||
form and manner required by the Department. The Department
of | ||
State Police shall maintain a complete record and index of such | ||
orders
of protection and make this data available to all local | ||
law enforcement
agencies.
| ||
(4) After notice and opportunity for hearing afforded to a | ||
person
subject to an order of protection, the order may be | ||
modified or extended
for a further specified period or both or | ||
may be terminated if the court
finds that the best interests of | ||
the minor and the public will be served
thereby.
| ||
(5) An order of protection may be sought at any time during |
the course
of any proceeding conducted pursuant to this Act. | ||
Any person against whom
an order of protection is sought may | ||
retain counsel to represent him at a
hearing, and has rights to | ||
be present at the hearing, to be informed prior
to the hearing | ||
in writing of the contents of the petition seeking a
protective | ||
order and of the date, place and time of such hearing, and to
| ||
cross examine witnesses called by the petitioner and to present | ||
witnesses
and argument in opposition to the relief sought in | ||
the petition.
| ||
(6) Diligent efforts shall be made by the petitioner to | ||
serve any person
or persons against whom any order of | ||
protection is sought with written
notice of the contents of the | ||
petition seeking a protective order and
of the date, place and | ||
time at
which the hearing on the petition is to be held. When a | ||
protective order
is being sought in conjunction with a shelter | ||
care hearing, if
the court finds that the person against whom | ||
the protective order is being
sought has been notified of the | ||
hearing or that diligent efforts have been
made to notify such | ||
person, the court may conduct a hearing. If a
protective order | ||
is sought at any time other than in conjunction with a
shelter | ||
care hearing, the court may not conduct a hearing on
the | ||
petition in the absence of the person against whom the order is | ||
sought
unless the petitioner has notified such person by | ||
personal service at least
3 days before the hearing or has sent | ||
written notice by first class
mail to such person's last known | ||
address at least 5 days before the hearing.
|
(7) A person against whom an order of protection is being | ||
sought who is
neither a parent, guardian, legal custodian or | ||
responsible relative as
described in Section 1-5 is not a party | ||
or respondent as defined in that
Section and shall not be | ||
entitled to the rights provided therein.
Such person does not | ||
have a right to appointed counsel or to be
present at any | ||
hearing other than the hearing in which the order of
protection | ||
is being sought or a hearing directly pertaining to that order.
| ||
Unless the court orders otherwise, such person does not have a | ||
right to
inspect the court file.
| ||
(8) All protective orders entered under this Section shall | ||
be in
writing. Unless the person against whom the order was | ||
obtained was present
in court when the order was issued,
the | ||
sheriff, other law enforcement official or special process | ||
server shall
promptly serve that order upon that person and | ||
file proof of such service,
in the manner provided for service | ||
of process in civil proceedings. The
person against whom the | ||
protective order was obtained may seek a
modification of the | ||
order by filing a written motion to modify the order
within 7 | ||
days after actual receipt by the person of a copy of the order.
| ||
(Source: P.A. 96-1551, Article 1, Section 995, eff. 7-1-11; | ||
96-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff. | ||
1-1-13.) | ||
(705 ILCS 405/3-40) | ||
Sec. 3-40. Minors involved in electronic dissemination of |
indecent visual depictions in need of supervision. | ||
(a) For the purposes of this Section: | ||
"Computer" has the meaning ascribed to it in Section 17-0.5 | ||
of the Criminal Code of 2012 1961 . | ||
"Electronic communication device" means an electronic | ||
device, including but not limited to a wireless telephone, | ||
personal digital assistant, or a portable or mobile computer, | ||
that is capable of transmitting images or pictures. | ||
"Indecent visual depiction" means a depiction or portrayal | ||
in any pose, posture, or setting involving a lewd exhibition of | ||
the unclothed or transparently clothed genitals, pubic area, | ||
buttocks, or, if such person is female, a fully or partially | ||
developed breast of the person. | ||
"Minor" means a person under 18 years of age. | ||
(b) A minor shall not distribute or disseminate an indecent | ||
visual depiction of another minor through the use of a computer | ||
or electronic communication device. | ||
(c) Adjudication. A minor who violates subsection (b) of | ||
this Section may be subject to a petition for adjudication and | ||
adjudged a minor in need of supervision. | ||
(d) Kinds of dispositional orders. A minor found to be in | ||
need of supervision under this Section may be: | ||
(1) ordered to obtain counseling or other supportive | ||
services to address the acts that led to the need for | ||
supervision; or | ||
(2) ordered to perform community service. |
(e) Nothing in this Section shall be construed to prohibit | ||
a prosecution for disorderly conduct, public indecency, child | ||
pornography, a violation of Article 26.5 Harassing and Obscene | ||
Communications of the Criminal Code of 2012 1961 , or any other | ||
applicable provision of law.
| ||
(Source: P.A. 96-1087, eff. 1-1-11; 97-1108, eff. 1-1-13.)
| ||
(705 ILCS 405/4-16) (from Ch. 37, par. 804-16)
| ||
Sec. 4-16. Guardian ad litem.
| ||
(1) Immediately upon the filing of a
petition alleging that | ||
the minor is a person described in Section 4-3 of
this Act, the | ||
court may appoint a guardian ad litem for the minor if:
| ||
(a) such petition alleges that the minor is the victim | ||
of sexual
abuse or misconduct; or
| ||
(b) such petition alleges that charges alleging the | ||
commission
of any of the sex offenses defined in Article 11 | ||
or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||
11-1.60, 12-13,
12-14,
12-14.1,
12-15 or 12-16 of the | ||
Criminal
Code of 1961 or the Criminal Code of 2012 , as | ||
amended , have been filed against a defendant in
any court | ||
and that such minor is the alleged victim of the acts
of | ||
the defendant in the commission of such offense.
| ||
Unless the guardian ad litem appointed pursuant to this | ||
paragraph
(1) is an attorney at law he shall be represented in | ||
the performance
of his duties by counsel.
| ||
(2) Before proceeding with the hearing, the court shall
|
appoint a guardian ad litem for the minor if
| ||
(a) no parent, guardian, custodian or relative of the | ||
minor appears
at the first or any subsequent hearing of the | ||
case;
| ||
(b) the petition prays for the appointment of a | ||
guardian with power
to consent to adoption; or
| ||
(c) the petition for which the minor is before the | ||
court resulted
from a report made pursuant to the Abused | ||
and Neglected Child Reporting Act.
| ||
(3) The court may appoint a guardian ad litem for the minor | ||
whenever
it finds that there may be a conflict of interest | ||
between the minor and
his parents or other custodian or that it | ||
is otherwise in the minor's
interest to do so.
| ||
(4) Unless the guardian ad litem is an attorney, he shall | ||
be
represented by counsel.
| ||
(5) The reasonable fees of a guardian ad litem appointed | ||
under this
Section shall be fixed by the court and charged to | ||
the parents of the
minor, to the extent they are able to pay. | ||
If the parents are unable to
pay those fees, they shall be paid | ||
from the general fund of the county.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
(705 ILCS 405/4-23) (from Ch. 37, par. 804-23)
| ||
Sec. 4-23. Order of protection.
| ||
(1) The court may make an order of
protection in assistance | ||
of or as a
condition of any other order authorized by this Act. |
The order of
protection may set forth reasonable conditions of | ||
behavior to be observed
for a specified period. Such an order | ||
may require a person:
| ||
(a) To stay away from the home or the minor;
| ||
(b) To permit a parent to visit the minor at stated | ||
periods;
| ||
(c) To abstain from offensive conduct against the | ||
minor, his parent or
any person to whom custody of the | ||
minor is awarded;
| ||
(d) To give proper attention to the care of the home;
| ||
(e) To cooperate in good faith with an agency to which | ||
custody of a
minor is entrusted by the court or with an | ||
agency or association to which
the minor is referred by the | ||
court;
| ||
(f) To prohibit and prevent any contact whatsoever with | ||
the respondent
minor by a specified individual or | ||
individuals who are alleged in either a
criminal or | ||
juvenile proceeding to have caused injury to a respondent
| ||
minor or a sibling of a respondent minor;
| ||
(g) To refrain from acts of commission or omission that | ||
tend to make
the home not a proper place for the minor.
| ||
(2) The court shall enter an order of protection
to | ||
prohibit and prevent any contact between a respondent minor
or | ||
a sibling of a respondent minor and any person named in a | ||
petition
seeking an order of protection who has been convicted | ||
of
heinous battery or aggravated battery under subdivision |
(a)(2) of Section 12-3.05,
aggravated battery of a child or | ||
aggravated battery under subdivision (b)(1) of Section | ||
12-3.05, criminal sexual assault, aggravated criminal sexual | ||
assault,
predatory criminal sexual assault of a child,
criminal | ||
sexual abuse, or aggravated criminal
sexual abuse as described | ||
in the Criminal Code of 1961 or the Criminal Code of 2012 , or | ||
has been
convicted of an offense that resulted in the death of | ||
a child, or has
violated a previous order of protection under | ||
this Section.
| ||
(3) When the court issues an order of protection against | ||
any person as
provided by this Section, the court shall direct | ||
a copy of such order to
the Sheriff of that county. The Sheriff | ||
shall furnish a copy of the
order of protection to the | ||
Department of State Police within 24
hours of
receipt, in the | ||
form and manner required by the Department. The Department
of | ||
State Police shall maintain a complete record and index of such | ||
orders
of protection and make this data available to all local | ||
law enforcement
agencies.
| ||
(4) After notice and opportunity for hearing afforded to a | ||
person
subject to an order of protection, the order may be | ||
modified or extended
for a further specified period or both or | ||
may be terminated if the court
finds that the best interests of | ||
the minor and the public will be served
thereby.
| ||
(5) An order of protection may be sought at any time during | ||
the course
of any proceeding conducted pursuant to this Act. | ||
Any person against whom
an order of protection is sought may |
retain counsel to represent him at a
hearing, and has rights to | ||
be present at the hearing, to be informed prior
to the hearing | ||
in writing of the contents of the petition seeking a
protective | ||
order and of the date, place and time of such hearing, and to
| ||
cross examine witnesses called by the petitioner and to present | ||
witnesses
and argument in opposition to the relief sought in | ||
the petition.
| ||
(6) Diligent efforts shall be made by the petitioner to | ||
serve any person
or persons against whom any order of | ||
protection is sought with written
notice of the contents of the | ||
petition seeking a protective order and
of the date, place and | ||
time at
which the hearing on the petition is to be held. When a | ||
protective order
is being sought in conjunction with a shelter | ||
care hearing, if
the court finds that the person against whom | ||
the protective order is being
sought has been notified of the | ||
hearing or that diligent efforts have been
made to notify such | ||
person, the court may conduct a hearing. If a
protective order | ||
is sought at any time other than in conjunction with a
shelter | ||
care hearing, the court may not conduct a hearing on
the | ||
petition in the absence of the person against whom the order is | ||
sought
unless the petitioner has notified such person by | ||
personal service at least
3 days before the hearing or has sent | ||
written notice by first class
mail to such person's last known | ||
address at least 5 days before the hearing.
| ||
(7) A person against whom an order of protection is being | ||
sought who is
neither a parent, guardian, legal custodian or |
responsible relative as
described in Section 1-5 is not a party | ||
or respondent as defined in that
Section and shall not be | ||
entitled to the rights provided therein.
Such person does not | ||
have a right to appointed counsel or to be
present at any | ||
hearing other than the hearing in which the order of
protection | ||
is being sought or a hearing directly pertaining to that order.
| ||
Unless the court orders otherwise, such person does not have a | ||
right to
inspect the court file.
| ||
(8) All protective orders entered under this Section shall | ||
be in
writing. Unless the person against whom the order was | ||
obtained was present
in court when the order was issued,
the | ||
sheriff, other law enforcement official or special process | ||
server shall
promptly serve that order upon that person and | ||
file proof of such service,
in the manner provided for service | ||
of process in civil proceedings. The
person against whom the | ||
protective order was obtained may seek a
modification of the | ||
order by filing a written motion to modify the order
within 7 | ||
days after actual receipt by the person of a copy of the order.
| ||
(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11; | ||
96-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff. | ||
1-1-13.)
| ||
(705 ILCS 405/5-125)
| ||
Sec. 5-125. Concurrent jurisdiction. Any minor alleged to | ||
have violated a traffic, boating, or fish and game law,
or a | ||
municipal or county ordinance, may be prosecuted for the |
violation and if
found
guilty punished under any statute or | ||
ordinance relating to the violation,
without reference to the | ||
procedures set out in this Article, except that any
detention, | ||
must be in compliance with this Article.
| ||
For the purpose of this Section, "traffic violation" shall | ||
include a
violation of Section 9-3 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012 relating to the offense
of
| ||
reckless homicide, Section 11-501 of the Illinois Vehicle Code, | ||
or any similar
county or municipal ordinance.
| ||
(Source: P.A. 90-590, eff. 1-1-99.)
| ||
(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: (i) first degree murder, (ii) aggravated
criminal | ||
sexual assault, (iii) aggravated battery with a firearm as | ||
described in Section 12-4.2 or subdivision (e)(1), (e)(2), | ||
(e)(3), or (e)(4) of Section 12-3.05
where the minor personally | ||
discharged a firearm as defined in Section 2-15.5 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 , (iv) armed | ||
robbery when the
armed robbery was committed with a firearm, or | ||
(v)
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.
| ||
(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 or the Criminal Code of 2012 .
| ||
(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 Juvenile Justice 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) (Blank).
|
(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 or the Criminal Code of 2012 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 Juvenile Justice 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 or the Criminal Code of 2012 .
| ||
(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 Juvenile Justice
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 or the Criminal Code | ||
of 2012 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 Juvenile Justice 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) 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, prior to August 12, 2005 (the effective date of | ||
Public Act 94-574), a minor is charged with a violation of | ||
Section 401 of the Illinois Controlled Substances Act under the | ||
criminal laws of this State, 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. 96-1551, eff. 7-1-11 .)
| ||
(705 ILCS 405/5-155)
| ||
Sec. 5-155.
Any weapon in possession of a minor found to be | ||
a
delinquent under Section 5-105 for an offense involving the | ||
use of a weapon
or for being in possession of a weapon during | ||
the commission of an offense
shall be confiscated and disposed | ||
of by the juvenile court whether the
weapon is the property of | ||
the minor or his or her parent or guardian.
Disposition
of the | ||
weapon by the court shall be in accordance with Section 24-6 of | ||
the
Criminal Code of 2012 1961 .
| ||
(Source: P.A. 90-590, eff. 1-1-99.)
|
(705 ILCS 405/5-170)
| ||
Sec. 5-170. Representation by counsel.
| ||
(a) In a proceeding
under this Article, a minor who was | ||
under 13 years of age at the time of the
commission of an act | ||
that if committed by an adult would be a violation of
Section | ||
9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 11-1.20, 11-1.30, | ||
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1,
12-15, or | ||
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||
must be represented by counsel
during the entire custodial | ||
interrogation of the minor. | ||
(b) In a judicial proceeding
under this Article, a minor | ||
may not waive the right to the assistance of counsel in his or | ||
her defense.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
(705 ILCS 405/5-401.5)
| ||
Sec. 5-401.5. When statements by minor may be used.
| ||
(a) In this Section, "custodial interrogation" means any | ||
interrogation
(i) during which a reasonable person in the | ||
subject's position
would consider himself or herself to be in | ||
custody and (ii) during which
a
question is asked that is | ||
reasonably likely to elicit an incriminating
response.
| ||
In this Section, "electronic recording" includes motion | ||
picture,
audiotape, videotape, or digital recording.
| ||
In this Section, "place of detention" means a building
or a |
police station that is a place of operation for a municipal | ||
police
department or county sheriff department or other law | ||
enforcement agency
at which persons are or may be held in | ||
detention in
connection with criminal charges against those | ||
persons or allegations that
those
persons are delinquent | ||
minors.
| ||
(b) An oral, written, or sign language statement of a minor | ||
who, at the time
of the
commission of the offense was under the | ||
age of 17
years, made as a
result of a custodial interrogation | ||
conducted at a police station or other
place of detention on or | ||
after
the effective date of
this amendatory Act of the 93rd | ||
General Assembly shall be presumed to be
inadmissible as | ||
evidence against the
minor in
any criminal proceeding or | ||
juvenile court proceeding,
for an act that if committed by an | ||
adult would be
brought under Section 9-1, 9-1.2, 9-2, 9-2.1, | ||
9-3, 9-3.2, or 9-3.3,
of the Criminal Code of 1961 or the | ||
Criminal Code of 2012,
or under clause (d)(1)(F) of Section | ||
11-501 of the Illinois Vehicle Code
unless:
| ||
(1) an electronic recording
is made of the custodial | ||
interrogation; and
| ||
(2) the recording is substantially accurate and not | ||
intentionally altered.
| ||
(c) Every electronic recording required under this Section
| ||
must be preserved
until such time as the
minor's adjudication
| ||
for any
offense relating to the statement is final and all | ||
direct and habeas corpus
appeals are
exhausted,
or the |
prosecution of such offenses is barred by law.
| ||
(d) If the court finds, by a preponderance of the evidence, | ||
that the
minor
was
subjected to a custodial interrogation in | ||
violation of this Section,
then any statements made
by the
| ||
minor during or following that non-recorded custodial | ||
interrogation, even
if
otherwise in compliance with this | ||
Section, are presumed to be inadmissible in
any criminal
| ||
proceeding or juvenile court proceeding against the minor | ||
except for the
purposes of impeachment.
| ||
(e) Nothing in this Section precludes the admission (i) of | ||
a statement made
by the
minor in open court in any criminal | ||
proceeding or juvenile court proceeding,
before a grand jury, | ||
or
at a
preliminary hearing,
(ii) of a
statement made during a
| ||
custodial interrogation that was not recorded as required by
| ||
this
Section because electronic recording was not feasible, | ||
(iii) of a
voluntary
statement,
whether or not the result of a | ||
custodial interrogation, that has a bearing on
the
credibility | ||
of the accused as a witness, (iv)
of a spontaneous statement
| ||
that is not made in response to a question,
(v) of a statement | ||
made after questioning that is routinely
asked during the | ||
processing of the arrest of the suspect, (vi) of a statement
| ||
made during a custodial interrogation by a suspect who | ||
requests, prior to
making
the statement, to respond to the
| ||
interrogator's questions only if
an electronic recording is not | ||
made of the statement, provided that an
electronic
recording is | ||
made of the statement of agreeing to respond to
the |
interrogator's question, only if a recording is not made of the | ||
statement,
(vii)
of a statement made
during a custodial
| ||
interrogation that is conducted out-of-state,
(viii)
of a
| ||
statement given at a time when the interrogators are unaware | ||
that a death
has in fact occurred, or (ix) of any
other | ||
statement that may be admissible under law. The State shall | ||
bear the
burden of proving, by a preponderance of the evidence, | ||
that one of the
exceptions described in this subsection (e) is | ||
applicable. Nothing in this
Section precludes the admission of | ||
a statement, otherwise inadmissible under
this Section, that is | ||
used only for impeachment and not as substantive
evidence.
| ||
(f) The presumption of inadmissibility of a statement made | ||
by a suspect at
a custodial interrogation at a police station | ||
or other place of detention may
be overcome by a preponderance | ||
of the evidence
that
the statement was voluntarily given and is | ||
reliable, based on the totality of
the
circumstances.
| ||
(g) Any electronic recording of any statement made by a | ||
minor during a
custodial interrogation that is compiled by any | ||
law enforcement agency as
required by this Section for the | ||
purposes of fulfilling the requirements of
this
Section shall | ||
be confidential and exempt from public inspection and copying, | ||
as
provided under Section 7 of the Freedom of Information Act, | ||
and the information
shall not be transmitted to anyone except | ||
as needed to comply with this
Section.
| ||
(h) A statement, admission, confession, or incriminating | ||
information made by or obtained from a minor related to the |
instant offense, as part of any behavioral health screening, | ||
assessment, evaluation, or treatment, whether or not | ||
court-ordered, shall not be admissible as evidence against the | ||
minor on the issue of guilt only in the instant juvenile court | ||
proceeding. The provisions of this subsection (h) are in | ||
addition to and do not override any existing statutory and | ||
constitutional prohibition on the admission into evidence in | ||
delinquency proceedings of information obtained during | ||
screening, assessment, or treatment. | ||
(Source: P.A. 96-1251, eff. 1-1-11.)
| ||
(705 ILCS 405/5-407)
| ||
Sec. 5-407. Processing of juvenile in possession of a | ||
firearm.
| ||
(a) If a law enforcement officer detains a minor pursuant | ||
to Section
10-27.1A of the
School Code, the officer shall | ||
deliver the minor to the nearest juvenile
officer, in the | ||
manner
prescribed by subsection (2) of Section 5-405 of this | ||
Act. The juvenile
officer shall deliver the
minor without | ||
unnecessary delay to the court or to the place designated by | ||
rule
or order of court
for the reception of minors. In no event | ||
shall the minor be eligible for any
other disposition by
the | ||
juvenile police officer, notwithstanding the provisions of | ||
subsection (3)
of Section 5-405 of
this Act.
| ||
(b) Minors not excluded from this Act's jurisdiction under | ||
subsection (3)(a)
of Section 5-130 of this Act shall be brought |
before a judicial officer within
40 hours,
exclusive of | ||
Saturdays,
Sundays, and court-designated holidays, for a | ||
detention hearing to determine
whether he or she
shall be | ||
further held in custody. If the court finds that there is | ||
probable
cause to believe that the
minor is a delinquent minor | ||
by virtue of his or her violation of item (4) of
subsection (a) | ||
of
Section 24-1 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012
while on school grounds, that finding shall create | ||
a presumption that immediate
and urgent necessity exists under
| ||
subdivision (2) of Section 5-501 of this Act. Once the | ||
presumption of
immediate and urgent necessity has been raised, | ||
the burden of demonstrating the
lack of immediate and urgent | ||
necessity shall be on any party that is opposing
detention for | ||
the minor. Should the court order detention pursuant to this
| ||
Section, the minor
shall be detained, pending the results of a | ||
court-ordered
psychological
evaluation to determine if the | ||
minor is a risk to himself, herself, or others.
Upon receipt of | ||
the
psychological evaluation, the court shall review the | ||
determination regarding
the existence of
urgent and immediate | ||
necessity. The court shall consider the psychological
| ||
evaluation in
conjunction with the other factors identified in | ||
subdivision (2) of Section
5-501 of this Act in
order to make a | ||
de novo determination regarding whether it is a matter of
| ||
immediate and urgent
necessity for the protection of the minor | ||
or of the person or property of
another that the minor be
| ||
detained or placed in a shelter care facility. In addition to |
the pre-trial
conditions found in
Section 5-505 of this Act, | ||
the court may order the minor to receive counseling
and any | ||
other
services recommended by the psychological evaluation as a | ||
condition for release
of the minor.
| ||
(c) Upon making a determination that the student presents a | ||
risk to himself,
herself, or
others, the court shall issue an | ||
order restraining the student from entering
the property of the
| ||
school if he or she has been suspended or expelled from the | ||
school as a result
of possessing a
firearm. The order shall | ||
restrain the student from entering the school and
school
owned | ||
or leased
property, including any conveyance owned, leased, or | ||
contracted by the school
to transport
students to or from | ||
school or a school-related activity. The order shall
remain in | ||
effect until such
time as the court determines that the student | ||
no longer presents a risk to
himself, herself, or
others.
| ||
(d) Psychological evaluations ordered pursuant to | ||
subsection (b) of this
Section and
statements made by the minor | ||
during the course of these evaluations, shall not
be admissible | ||
on
the issue of delinquency during the course of any | ||
adjudicatory hearing held
under this Act.
| ||
(e) In this Section:
| ||
"School" means any public or
private
elementary or | ||
secondary school.
| ||
"School grounds" includes the real
property comprising
any | ||
school, any conveyance owned, leased, or contracted by a school | ||
to
transport students to or
from school or a school-related |
activity, or any public way within 1,000
feet of the real
| ||
property comprising any school.
| ||
(Source: P.A. 91-11, eff. 6-4-99.)
| ||
(705 ILCS 405/5-415)
| ||
Sec. 5-415. Setting of detention or shelter care hearing; | ||
release.
| ||
(1) Unless sooner released, a minor alleged to be a | ||
delinquent minor taken
into temporary custody must be brought | ||
before a judicial officer within 40
hours for a detention or | ||
shelter care hearing to determine whether he or she
shall be
| ||
further held in custody. If a minor alleged to be a delinquent | ||
minor taken into
custody is hospitalized or is receiving | ||
treatment for a physical or mental
condition, and is unable to | ||
be brought before a judicial officer for a
detention or shelter | ||
care hearing, the 40 hour period will not commence until
the | ||
minor is released from the hospital or place of treatment. If | ||
the minor
gives false information to law enforcement officials | ||
regarding the minor's
identity or age, the 40 hour period will | ||
not commence until the court rules
that the minor is subject to | ||
this Act and not subject to prosecution under the
Criminal Code | ||
of 1961 or the Criminal Code of 2012 . Any
other delay | ||
attributable to a minor alleged to be a delinquent minor who is
| ||
taken into temporary custody shall act to toll the 40 hour time | ||
period. The 40 hour time period shall be tolled to allow | ||
counsel for the minor to prepare for the detention or shelter |
care hearing, upon a motion filed by such counsel and granted | ||
by the court. In all
cases, the 40 hour time period is | ||
exclusive of Saturdays, Sundays and
court-designated holidays.
| ||
(2) If the State's Attorney or probation officer (or other | ||
public
officer designated by the court in a county having more | ||
than 3,000,000
inhabitants) determines that the minor should be | ||
retained in custody, he or she
shall
cause a petition to be | ||
filed as provided in Section 5-520 of this Article, and
the | ||
clerk of the court shall set the matter for hearing on the | ||
detention or
shelter care hearing calendar. Immediately upon | ||
the filing of a petition in the case of a minor retained in | ||
custody, the court shall cause counsel to be appointed to | ||
represent the minor. When a parent, legal guardian, custodian, | ||
or
responsible relative is present and so requests, the | ||
detention or shelter care
hearing shall be held immediately if | ||
the court is in session
and the State is ready to proceed, | ||
otherwise at the earliest feasible time.
In no event shall a | ||
detention or shelter care hearing be held until the minor has | ||
had adequate opportunity to consult with counsel. The probation | ||
officer or such other public officer designated by the court in | ||
a
county having more than 3,000,000 inhabitants shall notify | ||
the minor's parent,
legal guardian, custodian, or responsible | ||
relative of the time and place of the
hearing. The notice may | ||
be given orally.
| ||
(3) The minor must be released from custody at the | ||
expiration of the 40
hour period specified by this Section if |
not brought before a judicial officer
within that period.
| ||
(4) After the initial 40 hour period has lapsed, the court | ||
may review the
minor's custodial status at any time prior to | ||
the trial or sentencing
hearing. If during this time period new | ||
or additional information becomes
available concerning the | ||
minor's conduct, the court may conduct a hearing to
determine | ||
whether the minor should be placed in a detention or shelter | ||
care
facility. If the court finds that there is probable cause | ||
that the minor is a
delinquent minor and that it is a matter of | ||
immediate and urgent necessity for
the protection of the minor | ||
or of the person or property of another, or that he
or she is | ||
likely to flee the jurisdiction of the court, the court may | ||
order
that the minor be placed in detention or shelter care.
| ||
(Source: P.A. 95-846, eff. 1-1-09.)
| ||
(705 ILCS 405/5-605)
| ||
Sec. 5-605.
Trials, pleas, guilty but mentally ill and not | ||
guilty by
reason of insanity.
| ||
(1) Method of trial. All delinquency proceedings shall be | ||
heard by the
court except those proceedings under this Act | ||
where the right to trial by jury
is specifically set forth. At | ||
any time a minor may waive his or her right to
trial by jury.
| ||
(2) Pleas of guilty and guilty but mentally ill.
| ||
(a) Before or during trial, a plea of guilty may be | ||
accepted when the
court has informed the minor of the | ||
consequences of his or her plea and of the
maximum
penalty |
provided by law which may be imposed upon acceptance of the | ||
plea.
Upon acceptance of a plea of guilty, the court shall | ||
determine the factual
basis of a plea.
| ||
(b) Before or during trial, a plea of guilty but | ||
mentally ill may be
accepted by the court
when:
| ||
(i) the minor has undergone an examination by a | ||
clinical psychologist or
psychiatrist and has waived | ||
his or her right to trial; and
| ||
(ii) the judge has examined the psychiatric or | ||
psychological report or
reports; and
| ||
(iii) the judge has held a hearing, at which either | ||
party may present
evidence, on the issue of the minor's | ||
mental health and, at the conclusion of
the hearing, is | ||
satisfied that there is a factual basis that the minor | ||
was
mentally ill at the time of the offense to which | ||
the plea is entered.
| ||
(3) Trial by the court.
| ||
(a) A trial shall be conducted in the presence of the | ||
minor unless he or
she
waives the right to be present. At | ||
the trial, the court shall consider the
question whether | ||
the minor is delinquent. The standard of proof and the | ||
rules
of evidence in the nature of criminal proceedings in | ||
this State are applicable
to that consideration.
| ||
(b) Upon conclusion of the trial the court shall enter | ||
a general finding,
except that, when the affirmative | ||
defense of insanity has been presented during
the trial and |
acquittal is based solely upon the defense of insanity, the | ||
court
shall enter a finding of not guilty by reason of | ||
insanity. In the event of a
finding of not guilty by reason | ||
of insanity, a hearing shall be held pursuant
to the Mental | ||
Health and Developmental
Disabilities Code to determine | ||
whether the minor is subject to involuntary
admission.
| ||
(c) When the minor has asserted a defense of insanity, | ||
the court may find
the minor guilty but mentally ill if, | ||
after hearing all of the evidence, the
court finds that:
| ||
(i) the State has proven beyond a reasonable doubt | ||
that the minor is
guilty of the offense charged; and
| ||
(ii) the minor has failed to prove his or her | ||
insanity as required in
subsection
(b) of Section 3-2 | ||
of the Criminal Code of 2012 1961 , and subsections
(a), | ||
(b) and (e) of Section 6-2 of the Criminal Code of 2012 | ||
1961 ; and
| ||
(iii) the minor has proven by a preponderance of | ||
the evidence that he
was
mentally ill, as defined in | ||
subsections (c) and (d) of Section 6-2 of the
Criminal | ||
Code of 2012 1961 at the time of the offense.
| ||
(4) Trial by court and jury.
| ||
(a) Questions of law shall be decided by the court and | ||
questions of fact
by the jury.
| ||
(b) The jury shall consist of 12 members.
| ||
(c) Upon request the parties shall be furnished with a | ||
list of prospective
jurors with their addresses if known.
|
(d) Each party may challenge jurors for cause. If a | ||
prospective juror has
a physical impairment, the court | ||
shall consider the prospective juror's
ability to perceive | ||
and appreciate the evidence when considering a challenge
| ||
for cause.
| ||
(e) A minor tried alone shall be allowed 7 peremptory | ||
challenges; except
that, in a single trial of more than one | ||
minor, each minor shall be allowed 5
peremptory challenges. | ||
If several charges against a minor or minors are
| ||
consolidated for trial, each minor shall be allowed | ||
peremptory challenges upon
one charge only, which single | ||
charge shall be the charge against that minor
authorizing | ||
the greatest maximum penalty. The State shall be allowed | ||
the same
number of peremptory challenges as all of the | ||
minors.
| ||
(f) After examination by the court, the jurors may be | ||
examined, passed
upon, accepted and tendered by opposing | ||
counsel as provided by Supreme Court
Rules.
| ||
(g) After the jury is impaneled and sworn, the court | ||
may direct the
selection of 2 alternate jurors who shall | ||
take the same oath as the regular
jurors. Each party shall | ||
have one additional peremptory challenge for each
| ||
alternate juror. If before the final submission of a cause | ||
a member of the
jury dies or is discharged, he or she shall | ||
be replaced by an alternate juror
in the
order of | ||
selection.
|
(h) A trial by the court and jury shall be conducted in | ||
the presence of
the minor unless he or she waives the right | ||
to be present.
| ||
(i) After arguments of counsel the court shall instruct | ||
the jury as to the
law.
| ||
(j) Unless the affirmative defense of insanity has been | ||
presented during
the trial, the jury shall return a general | ||
verdict as to each offense charged.
When the affirmative | ||
defense of insanity has been presented during the trial,
| ||
the court shall provide the jury not only with general | ||
verdict forms but also
with a special verdict form of not | ||
guilty by reason of insanity, as to each
offense charged, | ||
and in the event the court shall separately instruct the | ||
jury
that a special verdict of not guilty by reason of | ||
insanity may be returned
instead of a general verdict but | ||
the special verdict requires a unanimous
finding by the | ||
jury that the minor committed the acts charged but at the | ||
time
of
the commission of those acts the minor was insane. | ||
In the event of a verdict
of not guilty
by reason of | ||
insanity, a hearing shall be held pursuant to the Mental | ||
Health
and Developmental Disabilities Code to determine | ||
whether the minor is subject
to involuntary admission. When | ||
the affirmative defense of insanity has been
presented | ||
during the trial, the court, where warranted by the | ||
evidence, shall
also provide the jury with a special | ||
verdict form of guilty but mentally ill,
as to each offense |
charged and shall separately instruct the jury that a
| ||
special verdict of guilty but mentally ill may be returned | ||
instead of a general
verdict, but that the special verdict | ||
requires a unanimous finding by the jury
that: (i) the | ||
State has proven beyond a reasonable doubt that the minor | ||
is
guilty of the offense charged; and (ii) the minor has | ||
failed to prove his or
her
insanity as required in | ||
subsection (b) of Section 3-2 of the Criminal Code of
2012 | ||
1961
and subsections (a), (b) and (e) of Section 6-2 of the | ||
Criminal Code of 2012 1961 ;
and (iii) the minor has proven | ||
by a preponderance of the evidence that
he or she was | ||
mentally ill, as defined in subsections (c) and (d) of | ||
Section
6-2 of
the Criminal Code of 2012 1961 at the time | ||
of the offense.
| ||
(k) When, at the close of the State's evidence or at | ||
the close of all of
the evidence, the evidence is | ||
insufficient to support a finding or verdict of
guilty the | ||
court may and on motion of the minor shall make a finding | ||
or direct
the jury to return a verdict of not guilty, enter | ||
a judgment of acquittal and
discharge the minor.
| ||
(l) When the jury retires to consider its verdict, an | ||
officer of the court
shall be
appointed to keep them | ||
together and to prevent conversation between the jurors
and | ||
others; however, if any juror is deaf, the jury may be | ||
accompanied by and
may communicate with a court-appointed | ||
interpreter during its deliberations.
Upon agreement |
between the State and minor or his or her counsel, and the
| ||
parties
waive polling of the jury, the jury may seal and | ||
deliver its verdict to the
clerk of the court, separate, | ||
and then return the verdict in open court at its
next | ||
session.
| ||
(m) In a trial, any juror who is a member of a panel or | ||
jury which has
been impaneled and sworn as a panel or as a | ||
jury shall be permitted to separate
from other jurors | ||
during every period of adjournment to a later day, until
| ||
final submission of the cause to the jury for | ||
determination, except that no
such separation shall be | ||
permitted in any trial
after the court, upon motion by the | ||
minor or the State or upon its own motion,
finds a | ||
probability that prejudice to the minor or to the State | ||
will result
from the separation.
| ||
(n) The members of the jury shall be entitled to take | ||
notes during the
trial, and the sheriff of the county in | ||
which the jury is sitting shall provide
them with writing | ||
materials for this purpose. The notes shall remain
| ||
confidential, and shall be destroyed by the sheriff after | ||
the verdict has been
returned or a mistrial declared.
| ||
(o) A minor tried by the court and jury shall only be | ||
found guilty, guilty
but mentally ill, not guilty or not | ||
guilty by reason of insanity, upon the
unanimous verdict of | ||
the jury.
| ||
(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, | ||
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 or the Criminal Code of | ||
2012
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 or paragraph (4) of subsection (a) of Section 21-1 or the | ||
Criminal Code of 2012 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 or paragraph (2) of subsection | ||
(c) of Section 12-2 of the
Criminal Code of 1961 or the | ||
Criminal Code of 2012 , a violation of any Section of Article 24 | ||
of the
Criminal Code of 1961 or the Criminal Code of 2012 , 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 or the Criminal Code of 2012 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 $50 | ||
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.
| ||
(11) If a minor is placed on supervision for a violation of
| ||
subsection (a-7) of Section 1 of the Prevention of Tobacco Use | ||
by Minors Act, the
court may, in its discretion, and upon
|
recommendation by the State's Attorney, order that minor and | ||
his or her parents
or legal
guardian to attend a smoker's | ||
education or youth diversion program as defined
in that Act if | ||
that
program is available in the jurisdiction where the | ||
offender resides.
Attendance at a smoker's education or youth | ||
diversion program
shall be time-credited against any community | ||
service time imposed for any
first violation of subsection | ||
(a-7) of Section 1 of that Act. In addition to any
other
| ||
penalty
that the court may impose for a violation of subsection | ||
(a-7) of Section 1 of
that Act, the
court, upon request by the | ||
State's Attorney, may in its discretion
require
the offender to | ||
remit a fee for his or her attendance at a smoker's
education | ||
or
youth diversion program.
| ||
For purposes of this Section, "smoker's education program" | ||
or "youth
diversion program" includes, but is not limited to, a | ||
seminar designed to
educate a person on the physical and | ||
psychological effects of smoking tobacco
products and the | ||
health consequences of smoking tobacco products that can be
| ||
conducted with a locality's youth diversion program.
| ||
In addition to any other penalty that the court may impose | ||
under this
subsection
(11):
| ||
(a) If a minor violates subsection (a-7) of Section 1 | ||
of the Prevention of
Tobacco Use by Minors Act, the court | ||
may
impose a sentence of 15 hours of
community service or a | ||
fine of $25 for a first violation.
| ||
(b) A second violation by a minor of subsection (a-7) |
of Section 1 of that Act
that occurs
within 12 months after | ||
the first violation is punishable by a fine of $50 and
25
| ||
hours of community service.
| ||
(c) A third or subsequent violation by a minor of | ||
subsection (a-7) of Section
1 of that Act
that
occurs | ||
within 12 months after the first violation is punishable by | ||
a $100
fine
and 30 hours of community service.
| ||
(d) Any second or subsequent violation not within the | ||
12-month time period
after the first violation is | ||
punishable as provided for a first violation.
| ||
(Source: P.A. 96-179, eff. 8-10-09; 96-1414, eff. 1-1-11.)
| ||
(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 Juvenile Justice | ||
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 15 years of age or, pursuant | ||
to Article II of this Act, a minor for whom an | ||
independent basis of abuse, neglect, or dependency | ||
exists. An independent basis exists when the | ||
allegations or adjudication of abuse, neglect, or | ||
dependency do not arise from the same facts, incident, | ||
or circumstances which give rise to a charge or | ||
adjudication of delinquency;
| ||
(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 15 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 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;
| ||
(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; or | ||
(x) placed in electronic home detention under Part | ||
7A of this Article.
| ||
(b) A minor found to be guilty may be committed to the | ||
Department of
Juvenile Justice under Section 5-750 if the | ||
minor is 13 years of age or
older,
provided that the | ||
commitment to the Department of Juvenile Justice 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, 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
Juvenile Justice 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. Notwithstanding | ||
any other provision of this Act, in instances in which | ||
educational services are to be provided to a minor in a | ||
residential facility where the minor has been placed by the | ||
court, costs incurred in the provision of those educational | ||
services must be allocated based on the requirements of the | ||
School Code.
| ||
(7) In no event shall a guilty minor be committed to the | ||
Department of
Juvenile Justice 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 or the | ||
Criminal Code of 2012 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 or paragraph (4) of | ||
subsection (a) of Section 21-1 of the Criminal Code of 2012 | ||
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 | ||
or the Criminal Code of 2012 , a violation of
any
Section of | ||
Article 24 of the Criminal Code of 1961 or the Criminal Code of | ||
2012 , 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 Juvenile Justice, 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 or the Criminal | ||
Code of 2012
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
Juvenile Justice. 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.
| ||
(11) If the court determines that the offense was committed | ||
in furtherance of the criminal activities of an organized gang, |
as provided in subsection (10), and that the offense involved | ||
the operation or use of a motor vehicle or the use of a | ||
driver's license or permit, the court shall notify the | ||
Secretary of State of that determination and of the period for | ||
which the minor shall be denied driving privileges. If, at the | ||
time of the determination, the minor does not hold a driver's | ||
license or permit, the court shall provide that the minor shall | ||
not be issued a driver's license or permit until his or her | ||
18th birthday. If the minor holds a driver's license or permit | ||
at the time of the determination, the court shall provide that | ||
the minor's driver's license or permit shall be revoked until | ||
his or her 21st birthday, or until a later date or occurrence | ||
determined by the court. If the minor holds a driver's license | ||
at the time of the determination, the court may direct the | ||
Secretary of State to issue the minor a judicial driving | ||
permit, also known as a JDP. The JDP shall be subject to the | ||
same terms as a JDP issued under Section 6-206.1 of the | ||
Illinois Vehicle Code, except that the court may direct that | ||
the JDP be effective immediately.
| ||
(12) If a minor is found to be guilty of a violation of
| ||
subsection (a-7) of Section 1 of the Prevention of Tobacco Use | ||
by Minors Act, the
court may, in its discretion, and upon
| ||
recommendation by the State's Attorney, order that minor and | ||
his or her parents
or legal
guardian to attend a smoker's | ||
education or youth diversion program as defined
in that Act if | ||
that
program is available in the jurisdiction where the |
offender resides.
Attendance at a smoker's education or youth | ||
diversion program
shall be time-credited against any community | ||
service time imposed for any
first violation of subsection | ||
(a-7) of Section 1 of that Act. In addition to any
other
| ||
penalty
that the court may impose for a violation of subsection | ||
(a-7) of Section 1 of
that Act, the
court, upon request by the | ||
State's Attorney, may in its discretion
require
the offender to | ||
remit a fee for his or her attendance at a smoker's
education | ||
or
youth diversion program.
| ||
For purposes of this Section, "smoker's education program" | ||
or "youth
diversion program" includes, but is not limited to, a | ||
seminar designed to
educate a person on the physical and | ||
psychological effects of smoking tobacco
products and the | ||
health consequences of smoking tobacco products that can be
| ||
conducted with a locality's youth diversion program.
| ||
In addition to any other penalty that the court may impose | ||
under this
subsection
(12):
| ||
(a) If a minor violates subsection (a-7) of Section 1 | ||
of the Prevention of
Tobacco Use by Minors Act, the court | ||
may
impose a sentence of 15 hours of
community service or a | ||
fine of $25 for a first violation.
| ||
(b) A second violation by a minor of subsection (a-7) | ||
of Section 1 of that Act
that occurs
within 12 months after | ||
the first violation is punishable by a fine of $50 and
25
| ||
hours of community service.
| ||
(c) A third or subsequent violation by a minor of |
subsection (a-7) of Section
1 of that Act
that
occurs | ||
within 12 months after the first violation is punishable by | ||
a $100
fine
and 30 hours of community service.
| ||
(d) Any second or subsequent violation not within the | ||
12-month time period
after the first violation is | ||
punishable as provided for a first violation.
| ||
(Source: P.A. 95-337, eff. 6-1-08; 95-642, eff. 6-1-08; 95-844, | ||
eff. 8-15-08; 95-876, eff. 8-21-08; 96-179, eff. 8-10-09; | ||
96-293, eff. 1-1-10; 96-1000, eff. 7-2-10.) | ||
(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, | ||
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
(4) of subsection (a) of Section 21-1 of the
| ||
Criminal Code of 2012 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
$50 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. 96-1414, eff. 1-1-11; 97-1108, eff. 1-1-13.)
| ||
(705 ILCS 405/5-730)
| ||
Sec. 5-730. Order of protection.
| ||
(1) The court may make an order of protection in assistance | ||
of or as a
condition of any other order authorized by this Act. | ||
The order of protection
may set forth reasonable conditions of | ||
behavior to be observed for a specified
period. The order may | ||
require a
person:
| ||
(a) to stay away from the home or the minor;
| ||
(b) to permit a parent to visit the minor at stated | ||
periods;
| ||
(c) to abstain from offensive conduct against the | ||
minor, his or her parent
or any
person to whom custody of | ||
the minor is awarded;
| ||
(d) to give proper attention to the care of the home;
| ||
(e) to cooperate in good faith with an agency to which | ||
custody of a minor
is entrusted by the court or with an | ||
agency or association to which the minor
is referred by the | ||
court;
| ||
(f) to prohibit and prevent any contact whatsoever with |
the respondent
minor by a specified individual or | ||
individuals who are alleged in either a
criminal or | ||
juvenile proceeding to have caused injury to a respondent | ||
minor or
a sibling of a respondent minor;
| ||
(g) to refrain from acts of commission or omission that | ||
tend to make the
home not a proper place for the minor.
| ||
(2) The court shall enter an order of protection to | ||
prohibit and prevent
any contact between a respondent minor or | ||
a sibling of a respondent minor and
any person named in a | ||
petition seeking an order of protection who has been
convicted | ||
of heinous battery or aggravated battery under subdivision | ||
(a)(2) of Section 12-3.05, aggravated battery of a child or | ||
aggravated battery under subdivision (b)(1) of Section | ||
12-3.05, criminal
sexual assault, aggravated criminal sexual | ||
assault, predatory criminal sexual assault of a child, criminal | ||
sexual abuse, or aggravated criminal sexual abuse as described | ||
in the Criminal
Code of 1961 or the Criminal Code of 2012 , or | ||
has been convicted of an offense that resulted in the death of
| ||
a child, or has violated a previous order of protection under | ||
this Section.
| ||
(3) When the court issues an order of protection against | ||
any person as
provided by this Section, the court shall direct | ||
a copy of such order to the
sheriff of that county. The sheriff | ||
shall furnish a copy of the order of
protection to the | ||
Department of State Police within 24 hours of receipt, in the
| ||
form and manner required by the Department. The Department of |
State Police
shall maintain a complete record and index of the | ||
orders of protection and
make this data available to all local | ||
law enforcement agencies.
| ||
(4) After notice and opportunity for hearing afforded to a | ||
person subject
to an order of protection, the order may be | ||
modified or extended for a further
specified period or both or | ||
may be terminated if the court finds that the best
interests of | ||
the minor and the public will be served by the modification,
| ||
extension, or termination.
| ||
(5) An order of protection may be sought at any time during | ||
the course of
any proceeding conducted under this Act. Any | ||
person against whom an
order of protection is sought may retain | ||
counsel to represent him or her at a
hearing,
and has rights to | ||
be present at the hearing, to be informed prior to the
hearing | ||
in writing of the contents of the petition seeking a protective | ||
order
and of the date, place, and time of the hearing, and to | ||
cross-examine
witnesses called by the petitioner and to present | ||
witnesses and argument in
opposition to the relief sought in | ||
the petition.
| ||
(6) Diligent efforts shall be made by the petitioner to | ||
serve any person
or persons against whom any order of | ||
protection is sought with written notice
of the contents of the | ||
petition seeking a protective order and of the date,
place and | ||
time at which the hearing on the petition is to be held. When a
| ||
protective order is being sought in conjunction with a shelter | ||
care or
detention hearing, if the court finds that the person |
against whom the
protective order is being sought has been | ||
notified of the hearing or that
diligent efforts have been made | ||
to notify the person, the court may conduct a
hearing. If a | ||
protective order is sought at any
time other than in | ||
conjunction with a shelter care or detention hearing, the
court | ||
may not conduct a hearing on the petition in the absence of the | ||
person
against whom the order is sought unless the petitioner | ||
has notified the person
by personal service at least 3 days | ||
before the hearing or has sent written
notice by first class | ||
mail to the person's last known address at least 5 days
before | ||
the hearing.
| ||
(7) A person against whom an order of protection is being | ||
sought who is
neither a parent, guardian, or legal custodian or | ||
responsible relative as
described in Section 1-5 of this Act or | ||
is not a party or respondent as defined
in
that
Section shall | ||
not be entitled to the rights provided in that Section. The
| ||
person does not have a right to appointed counsel or to be | ||
present at
any hearing other than the hearing in which the | ||
order of protection is being
sought or a hearing directly | ||
pertaining to that order. Unless the court orders
otherwise, | ||
the person does not have a right to inspect the court file.
| ||
(8) All protective orders entered under this Section shall | ||
be in writing.
Unless the person against whom the order was | ||
obtained was present in court when
the order was issued, the | ||
sheriff, other law enforcement official, or special
process | ||
server shall promptly serve that order upon that person and |
file proof
of that service, in the manner provided for service | ||
of process in civil
proceedings. The person against whom the | ||
protective order was obtained may
seek a modification of the | ||
order by filing a written motion to modify the order
within 7 | ||
days
after actual receipt by the person of a copy of the order.
| ||
(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11; | ||
96-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff. | ||
1-1-13.)
| ||
(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, 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 or the | ||
Criminal Code of 2012 ; (vi) an act in violation of Section | ||
401 of the Illinois Controlled Substances Act which is a | ||
Class X felony, while in a school, regardless of the time | ||
of day or the time of year, or on any conveyance owned, | ||
leased, or contracted by a school to transport students to | ||
or from school or a school related activity, or on | ||
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 | ||
(vii) an act in violation of Section 401 of the Illinois | ||
Controlled Substances Act and the offense is alleged to | ||
have occurred while in a school 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 when the | ||
delivery or intended delivery of any amount of the | ||
controlled substance is to a person under 17 years of age, | ||
(to qualify for a presumptive transfer under paragraph (vi) | ||
or (vii) of this clause (2)(a), the violation cannot be | ||
based upon subsection (b) of Section 407 of the Illinois | ||
Controlled Substances Act) 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 age of the minor;
| ||
(ii) the history of the minor, including:
|
(A) any previous delinquent or criminal | ||
history of the minor, | ||
(B) any previous abuse or neglect history of | ||
the minor, and
| ||
(C) any mental health, physical or educational | ||
history of the minor or combination of these | ||
factors;
| ||
(iii) the circumstances of the offense, including:
| ||
(A) the seriousness of the offense,
| ||
(B) whether the minor is charged through | ||
accountability,
| ||
(C) whether there is evidence the offense was | ||
committed in an aggressive and premeditated | ||
manner,
| ||
(D) whether there is evidence the offense | ||
caused serious bodily harm,
| ||
(E) whether there is evidence the minor | ||
possessed a deadly weapon;
| ||
(iv) the advantages of treatment within the | ||
juvenile justice system including whether there are | ||
facilities or programs, or both, particularly | ||
available in the juvenile system;
| ||
(v) whether the security of the public requires | ||
sentencing under Chapter V of the Unified Code of | ||
Corrections:
| ||
(A) the minor's history of services, including |
the minor's willingness to participate | ||
meaningfully in available services;
| ||
(B) whether there is a reasonable likelihood | ||
that the minor can be rehabilitated before the | ||
expiration of the juvenile court's jurisdiction;
| ||
(C) the adequacy of the punishment or | ||
services.
| ||
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.
| ||
For purposes of clauses (2)(a)(vi) and (vii): | ||
"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.
| ||
(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 age of the minor;
| ||
(ii) the history of the minor, including:
| ||
(A) any previous delinquent or criminal | ||
history of the minor,
| ||
(B) any previous abuse or neglect history of | ||
the minor, and
| ||
(C) any mental health, physical, or | ||
educational history of the minor or combination of | ||
these factors;
| ||
(iii) the circumstances of the offense, including:
| ||
(A) the seriousness of the offense,
| ||
(B) whether the minor is charged through | ||
accountability,
| ||
(C) whether there is evidence the offense was | ||
committed in an aggressive and premeditated | ||
manner,
| ||
(D) whether there is evidence the offense | ||
caused serious bodily harm,
|
(E) whether there is evidence the minor | ||
possessed a deadly weapon;
| ||
(iv) the advantages of treatment within the | ||
juvenile justice system including whether there are | ||
facilities or programs, or both, particularly | ||
available in the juvenile system;
| ||
(v) whether the security of the public requires | ||
sentencing under Chapter V of the Unified Code of | ||
Corrections:
| ||
(A) the minor's history of services, including | ||
the minor's willingness to participate | ||
meaningfully in available services;
| ||
(B) whether there is a reasonable likelihood | ||
that the minor can be rehabilitated before the | ||
expiration of the juvenile court's jurisdiction;
| ||
(C) the adequacy of the punishment or | ||
services.
| ||
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. 94-556, eff. 9-11-05; 94-574, eff. 8-12-05; | ||
95-331, eff. 8-21-07.)
| ||
(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
Juvenile Justice when a juvenile | ||
offender has been placed in the custody of the
Department of | ||
Juvenile Justice.
| ||
(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, (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, (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 or the | ||
Criminal Code of 2012 , 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. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06 .)
| ||
(705 ILCS 405/5-905)
| ||
Sec. 5-905. Law enforcement records.
| ||
(1) Law Enforcement Records.
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 and when
necessary for the discharge of their |
official duties:
| ||
(a) A judge of the circuit court and members of the | ||
staff of the court
designated by the judge;
| ||
(b) Law enforcement officers, probation officers or | ||
prosecutors or their
staff, or, when necessary for the | ||
discharge of its official duties in connection with a | ||
particular investigation of the conduct of a law | ||
enforcement officer, an independent agency or its staff | ||
created by ordinance and charged by a unit of local | ||
government with the duty of investigating the conduct of | ||
law enforcement officers;
| ||
(c) The minor, the minor's parents or legal guardian | ||
and their attorneys,
but only when the juvenile has been | ||
charged with an offense;
| ||
(d) Adult and Juvenile Prisoner Review Boards;
| ||
(e) Authorized military personnel;
| ||
(f) Persons engaged in bona fide research, with the | ||
permission of the
judge of 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;
| ||
(g) Individuals responsible for supervising or | ||
providing temporary or
permanent care and custody of minors | ||
pursuant to orders of the juvenile court
or directives from | ||
officials of the Department of Children and Family
Services |
or the Department of Human Services who certify in writing | ||
that the
information will not be disclosed to any other | ||
party except as provided under
law or order of court;
| ||
(h) The appropriate school official only if the agency | ||
or officer believes that there is an imminent threat of | ||
physical harm to students, school personnel, or others who | ||
are present in the school or on school grounds. | ||
(A) Inspection and copying
shall be limited to law | ||
enforcement records transmitted to the appropriate
| ||
school official or officials whom the school has | ||
determined to have a legitimate educational or safety | ||
interest 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) any violation of Article 24 of the Criminal | ||
Code of
1961 or the Criminal Code of 2012 ; | ||
(ii) a violation of the Illinois Controlled | ||
Substances Act; | ||
(iii) a violation of the Cannabis Control Act; | ||
(iv) a forcible felony as defined in Section | ||
2-8 of the Criminal Code
of 1961 or the Criminal | ||
Code of 2012 ; |
(v) a violation of the Methamphetamine Control | ||
and Community Protection Act; | ||
(vi) a violation of Section 1-2 of the | ||
Harassing and Obscene Communications Act; | ||
(vii) a violation of the Hazing Act; or | ||
(viii) a violation of Section 12-1, 12-2, | ||
12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||
12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 . | ||
The information derived from the law enforcement | ||
records shall be kept separate from and shall not | ||
become a part of the official school record of that | ||
child and shall not be a public record. The information | ||
shall be used solely by the appropriate school official | ||
or officials whom the school has determined to have a | ||
legitimate educational or safety interest to aid in the | ||
proper rehabilitation of the child and to protect the | ||
safety of students and employees in the school. If the | ||
designated law enforcement and school officials deem | ||
it to be in the best interest of the minor, the student | ||
may be referred to in-school or community based social | ||
services if those services are available. | ||
"Rehabilitation services" may include interventions by | ||
school support personnel, evaluation for eligibility | ||
for special education, referrals to community-based | ||
agencies such as youth services, behavioral healthcare |
service providers, drug and alcohol prevention or | ||
treatment programs, and other interventions as deemed | ||
appropriate for the student. | ||
(B) Any information provided to appropriate school | ||
officials whom the school has determined to have a | ||
legitimate educational or safety interest by local law | ||
enforcement officials about a minor who is the subject | ||
of a current police investigation that is directly | ||
related to school safety shall consist of oral | ||
information only, and not written law enforcement | ||
records, and shall be used solely by the appropriate | ||
school official or officials to protect the safety of | ||
students and employees in the school and aid in the | ||
proper rehabilitation of the child. The information | ||
derived orally from the local law enforcement | ||
officials shall be kept separate from and shall not | ||
become a part of the official school record of the | ||
child and shall not be a public record. This limitation | ||
on the use of information about a minor who is the | ||
subject of a current police investigation shall in no | ||
way limit the use of this information by prosecutors in | ||
pursuing criminal charges arising out of the | ||
information disclosed during a police investigation of | ||
the minor. For purposes of this paragraph, | ||
"investigation" means an official systematic inquiry | ||
by a law enforcement agency into actual or suspected |
criminal activity ; .
| ||
(i) The president of a park district. Inspection and | ||
copying shall be limited to law enforcement records | ||
transmitted to the president of the park district by the | ||
Illinois State Police under Section 8-23 of the Park | ||
District Code or Section 16a-5 of the Chicago Park District | ||
Act concerning a person who is seeking employment with that | ||
park district and who has been adjudicated a juvenile | ||
delinquent for any of the offenses listed in subsection (c) | ||
of Section 8-23 of the Park District Code or subsection (c) | ||
of Section 16a-5 of the Chicago Park District Act. | ||
(2) 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.
| ||
(2.5) If the minor is a victim of aggravated battery, | ||
battery, attempted first degree murder, or other non-sexual | ||
violent offense, the identity of the victim may be disclosed to | ||
appropriate school officials, for the purpose of preventing | ||
foreseeable future violence involving minors, by a local law | ||
enforcement agency pursuant to an agreement established | ||
between the school district and a local law enforcement agency | ||
subject to the approval by the presiding judge of the juvenile | ||
court. | ||
(3) Relevant information, reports and records shall be made |
available to the
Department of Juvenile Justice when a juvenile | ||
offender has been placed in the
custody of the Department of | ||
Juvenile Justice.
| ||
(4) Nothing in 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 | ||
or disclosure is conducted in the
presence of a law enforcement | ||
officer for purposes of identification or
apprehension of any | ||
person in the course of any criminal investigation or
| ||
prosecution.
| ||
(5) The records of law enforcement officers, or of an | ||
independent agency created by ordinance and charged by a unit | ||
of local government with the duty of investigating the conduct | ||
of law enforcement officers, concerning all minors under
17 | ||
years of age must be maintained separate from the records of | ||
adults 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 under Section 5-130 or 5-805 or required
under | ||
Section
5-130 or 5-805 or such a person has been convicted of a | ||
crime and is the
subject of
pre-sentence investigation or when | ||
provided by law.
| ||
(6) Except as otherwise provided in this subsection (6), | ||
law enforcement
officers, and personnel of an independent | ||
agency created by ordinance and charged by a unit of local | ||
government with the duty of investigating the conduct of 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.
Any victim or parent or legal guardian of a victim may | ||
petition the court to
disclose the name and address of the | ||
minor and the minor's parents or legal
guardian, or both. Upon | ||
a finding by clear and convincing evidence that the
disclosure | ||
is either necessary for the victim to pursue a civil remedy | ||
against
the minor or the minor's parents or legal guardian, or | ||
both, or to protect the
victim's person or property from the | ||
minor, then the court may order the
disclosure of the | ||
information to the victim or to the parent or legal guardian
of | ||
the victim only for the purpose of the victim pursuing a civil | ||
remedy
against the minor or the minor's parents or legal | ||
guardian, or both, or to
protect the victim's person or | ||
property from the minor.
| ||
(7) Nothing contained in this Section shall prohibit law | ||
enforcement
agencies when acting in their official capacity | ||
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. The information
provided under this | ||
subsection (7) shall remain confidential and shall not
be | ||
publicly disclosed, except as otherwise allowed by law.
| ||
(8) No person shall disclose information under this Section | ||
except when
acting in his or her official capacity and as |
provided by law or order of
court.
| ||
(Source: P.A. 96-419, eff. 8-13-09; 96-1414, eff. 1-1-11; | ||
97-700, eff. 6-22-12; 97-1104, eff. 1-1-13; revised 9-20-12.)
| ||
Section 605. The Criminal Code of 2012 is amended by | ||
changing Sections 1-6, 2-13, 11-6, 11-6.5, 11-9.1, 11-9.1A, | ||
11-9.3, 11-23, 16-1, 17-10.5, 19-6, 26.5-5, 33G-3, 36-1, 37-1, | ||
and 48-8 as follows:
| ||
(720 ILCS 5/1-6) (from Ch. 38, par. 1-6)
| ||
Sec. 1-6. Place of trial.
| ||
(a) Generally.
| ||
Criminal actions shall be tried
in the county where the | ||
offense was committed, except as otherwise provided
by law. The | ||
State is not required to prove during trial that the alleged
| ||
offense occurred in any particular county in this State. When a | ||
defendant
contests the place of trial under this Section, all | ||
proceedings regarding this
issue shall be conducted under | ||
Section 114-1 of the Code of Criminal Procedure
of 1963. All | ||
objections of improper place of trial are waived by a defendant
| ||
unless made before trial.
| ||
(b) Assailant and Victim in Different Counties.
| ||
If a person committing an offense upon the person of | ||
another is
located in one county and his victim is located in | ||
another county at the
time of the commission of the offense, | ||
trial may be had in either of
said counties.
|
(c) Death and Cause of Death in Different Places or | ||
Undetermined.
| ||
If cause of death is inflicted in one county and death | ||
ensues in
another county, the offender may be tried in either | ||
county. If neither
the county in which the cause of death was | ||
inflicted nor the county in which
death ensued are known before | ||
trial, the offender may be tried in the county
where the body | ||
was found.
| ||
(d) Offense Commenced Outside the State.
| ||
If the commission of an offense commenced outside the State | ||
is
consummated within this State, the offender shall be tried | ||
in the county
where the offense is consummated.
| ||
(e) Offenses Committed in Bordering Navigable Waters.
| ||
If an offense is committed on any of the navigable waters | ||
bordering
on this State, the offender may be tried in any | ||
county adjacent to such
navigable water.
| ||
(f) Offenses Committed while in Transit.
| ||
If an offense is committed upon any railroad car, vehicle, | ||
watercraft
or aircraft passing within this State, and it cannot | ||
readily be
determined in which county the offense was | ||
committed, the offender may
be tried in any county through | ||
which such railroad car, vehicle,
watercraft or aircraft has | ||
passed.
| ||
(g) Theft.
| ||
A person who commits theft of property may be tried in any | ||
county in
which he exerted control over such property.
|
(h) Bigamy.
| ||
A person who commits the offense of bigamy may be tried in | ||
any county
where the bigamous marriage or bigamous cohabitation | ||
has occurred.
| ||
(i) Kidnaping.
| ||
A person who commits the offense of kidnaping may be tried | ||
in any
county in which his victim has traveled or has been | ||
confined during the
course of the offense.
| ||
(j) Pandering.
| ||
A person who commits the offense of pandering as set forth | ||
in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 may be | ||
tried in any
county in which the prostitution was practiced or | ||
in any county in which
any act in furtherance of the offense | ||
shall have been committed.
| ||
(k) Treason.
| ||
A person who commits the offense of treason may be tried in | ||
any
county.
| ||
(l) Criminal Defamation.
| ||
If criminal defamation is spoken, printed or written in one | ||
county
and is received or circulated in another or other | ||
counties, the offender
shall be tried in the county where the | ||
defamation is spoken, printed or
written. If the defamation is | ||
spoken, printed or written outside this
state, or the offender | ||
resides outside this state, the offender may be
tried in any | ||
county in this state in which the defamation was circulated
or | ||
received.
|
(m) Inchoate Offenses.
| ||
A person who commits an inchoate offense may be tried in | ||
any county
in which any act which is an element of the offense, | ||
including the
agreement in conspiracy, is committed.
| ||
(n) Accountability for Conduct of Another.
| ||
Where a person in one county solicits, aids, abets, agrees, | ||
or
attempts to aid another in the planning or commission of an | ||
offense in
another county, he may be tried for the offense in | ||
either county.
| ||
(o) Child Abduction.
| ||
A person who commits the offense of child abduction may be | ||
tried in any
county in which his victim has traveled, been | ||
detained, concealed or
removed to during the course of the | ||
offense. Notwithstanding the foregoing,
unless for good cause | ||
shown, the preferred place of trial shall be the
county of the | ||
residence of the lawful custodian.
| ||
(p) A person who commits the offense of narcotics | ||
racketeering may be
tried in any county where cannabis or a | ||
controlled substance which is the
basis for the charge of | ||
narcotics racketeering was used; acquired;
transferred or | ||
distributed to, from or through; or any county where any act
| ||
was performed to further the use; acquisition, transfer or | ||
distribution of
said cannabis or controlled substance; any | ||
money, property, property
interest, or any other asset | ||
generated by narcotics activities was
acquired, used, sold, | ||
transferred or distributed to, from or through; or,
any |
enterprise interest obtained as a result of narcotics | ||
racketeering was
acquired, used, transferred or distributed | ||
to, from or through, or where
any activity was conducted by the | ||
enterprise or any conduct to further the
interests of such an | ||
enterprise.
| ||
(q) A person who commits the offense of money laundering | ||
may be tried in
any county where any part of a financial | ||
transaction in criminally derived
property took place or in any | ||
county where any money or monetary instrument
which is the | ||
basis for the offense was acquired, used, sold, transferred or
| ||
distributed to, from or through.
| ||
(r) A person who commits the offense of cannabis | ||
trafficking or
controlled substance trafficking may be tried in | ||
any county. | ||
(s) A person who commits the offense of online sale of | ||
stolen property, online theft by deception, or electronic | ||
fencing may be tried in any county where any one or more | ||
elements of the offense took place, regardless of whether the | ||
element of the offense was the result of acts by the accused, | ||
the victim or by another person, and regardless of whether the | ||
defendant was ever physically present within the boundaries of | ||
the county. | ||
(t) A person who commits the offense of identity theft or | ||
aggravated identity theft may be tried in any one of the | ||
following counties in which: (1) the offense occurred;
(2) the | ||
information used to commit the offense was illegally used;
or |
(3) the victim resides. | ||
If a person is charged with more than one violation of | ||
identity theft or aggravated identity theft and those | ||
violations may be tried in more than one county, any of those | ||
counties is a proper venue for all of the violations.
| ||
(Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11 .)
| ||
(720 ILCS 5/2-13) (from Ch. 38, par. 2-13)
| ||
Sec. 2-13. "Peace officer". "Peace officer" means (i) any | ||
person who by
virtue of his office or public
employment is | ||
vested by law with a duty to maintain public order or to make
| ||
arrests for offenses, whether that duty extends to all offenses | ||
or is
limited to specific offenses, or (ii) any person who, by | ||
statute, is granted and authorized to exercise powers similar | ||
to those conferred upon any peace officer employed by a law | ||
enforcement agency of this State.
| ||
For purposes of Sections concerning unlawful use of | ||
weapons,
for the purposes of assisting an Illinois peace | ||
officer in an arrest, or when
the commission of any offense | ||
under Illinois law is directly observed by the
person, and | ||
statutes involving the false personation of a peace officer, | ||
false personation of a peace officer while carrying a deadly | ||
weapon, false personation of a peace officer in attempting or | ||
committing a felony, and false personation of a peace officer | ||
in attempting or committing a forcible felony aggravated false | ||
personation of a peace officer , then officers, agents, or |
employees of the federal government
commissioned by
federal | ||
statute to make arrests for violations of federal criminal laws
| ||
shall be considered "peace officers" under this Code, | ||
including, but not
limited to all criminal investigators of:
| ||
(1) the United States Department of Justice, the | ||
Federal Bureau of
Investigation, the Drug Enforcement | ||
Agency and the Department of
Immigration and | ||
Naturalization;
| ||
(2) the United States Department of the Treasury, the | ||
Secret Service,
the Bureau of Alcohol, Tobacco and Firearms | ||
and the Customs Service;
| ||
(3) the United States Internal Revenue Service;
| ||
(4) the United States General Services Administration;
| ||
(5) the United States Postal Service;
| ||
(6) all United States Marshals or Deputy United States | ||
Marshals whose
duties involve the enforcement of federal | ||
criminal laws; and
| ||
(7) the United States Department of Defense.
| ||
(Source: P.A. 94-730, eff. 4-17-06; 94-846, eff. 1-1-07; 95-24, | ||
eff. 1-1-08; 95-331, eff. 8-21-07; 95-750, eff. 7-23-08; | ||
95-1007, eff. 12-15-08.)
| ||
(720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
| ||
Sec. 11-6. Indecent solicitation of a child.
| ||
(a) A person of the age of 17 years and upwards commits
| ||
indecent solicitation of a child if the person, with the intent |
that the
offense of aggravated criminal sexual assault, | ||
criminal sexual assault,
predatory criminal sexual assault of a | ||
child, or aggravated criminal sexual
abuse be committed, | ||
knowingly solicits a child or one whom he or she believes
to be | ||
a child to perform an act of sexual penetration or sexual | ||
conduct as
defined in Section 11-0.1 of this Code.
| ||
(a-5) A person of the age of 17 years and upwards commits
| ||
indecent solicitation of a child if the person knowingly | ||
discusses an act of sexual conduct or sexual penetration with a | ||
child or with one whom he or she believes
to be a child by means | ||
of the Internet with the intent that the offense of aggravated | ||
criminal sexual assault, predatory criminal sexual assault of a | ||
child, or aggravated criminal sexual abuse be committed. | ||
(a-6) It is not a defense to subsection (a-5) that the | ||
person did not solicit the child to perform sexual conduct or | ||
sexual penetration with the person.
| ||
(b) Definitions. As used in this Section:
| ||
"Solicit" means to command, authorize, urge, incite, | ||
request, or
advise another to perform an act by any means | ||
including, but not limited to, in
person, over the phone, | ||
in writing, by computer, or by advertisement of any
kind.
| ||
"Child" means a person under 17 years of age.
| ||
"Internet" has the meaning set forth in Section 16-0.1 | ||
16J-5 of this Code.
| ||
"Sexual penetration" or "sexual conduct" are defined | ||
in Section 11-0.1 of this Code.
|
(c) Sentence. Indecent solicitation of a child under | ||
subsection (a) is:
| ||
(1) a Class 1 felony when the act, if done, would be | ||
predatory criminal
sexual assault of a child or aggravated | ||
criminal sexual assault;
| ||
(2) a Class 2 felony when the act, if done, would be | ||
criminal sexual
assault;
| ||
(3) a Class 3 felony when the act, if done, would be | ||
aggravated criminal
sexual abuse.
| ||
Indecent solicitation of a child under subsection (a-5) is | ||
a Class 4 felony.
| ||
(Source: P.A. 95-143, eff. 1-1-08; 96-1551, eff. 7-1-11 .)
| ||
(720 ILCS 5/11-6.5)
| ||
Sec. 11-6.5. Indecent solicitation of an adult.
| ||
(a) A person commits indecent solicitation of an adult if | ||
the person knowingly:
| ||
(1) Arranges for a person 17 years of age or over to | ||
commit an act of
sexual penetration as defined in Section | ||
11-0.1 with a person:
| ||
(i) Under the age of 13 years; or
| ||
(ii) Thirteen years of age or over but under the | ||
age of 17 years; or
| ||
(2) Arranges for a person 17 years of age or over to | ||
commit an act of
sexual conduct as defined in Section | ||
11-0.1 with a person:
|
(i) Under the age of 13 years; or
| ||
(ii) Thirteen years of age or older but under the | ||
age of 17 years.
| ||
(b) Sentence.
| ||
(1) Violation of paragraph (a)(1)(i) is a Class X | ||
felony.
| ||
(2) Violation of paragraph (a)(1)(ii) is a Class 1 | ||
felony.
| ||
(3) Violation of
paragraph (a)(2)(i) is a Class 2 | ||
felony.
| ||
(4) Violation of paragraph (a)(2)(ii)
is a Class A | ||
misdemeanor.
| ||
(c) For the purposes of this Section, "arranges" includes | ||
but is not
limited to oral or written communication and
| ||
communication by telephone, computer, or other electronic | ||
means. "Computer"
has the meaning ascribed to it in Section | ||
17-0.5 16D-2 of this Code.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
(720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)
| ||
Sec. 11-9.1. Sexual exploitation of a child.
| ||
(a) A person commits sexual exploitation of a child if in | ||
the presence
or virtual presence, or both, of a child and with | ||
knowledge that a child or one whom he or she believes to be a | ||
child would view his or her
acts, that person:
| ||
(1) engages in a sexual act; or
|
(2) exposes his or her sex organs, anus or breast for | ||
the purpose of
sexual arousal or gratification of such | ||
person or the child or one whom he or she believes to be a | ||
child.
| ||
(a-5) A person commits sexual exploitation of a child who | ||
knowingly
entices, coerces, or persuades a child to remove the | ||
child's clothing for the
purpose of sexual arousal or | ||
gratification of the person or the child, or
both.
| ||
(b) Definitions. As used in this Section:
| ||
"Sexual act" means masturbation, sexual conduct or sexual | ||
penetration
as defined in Section 11-0.1 of this Code.
| ||
"Sex offense" means any violation
of
Article 11 of this | ||
Code or Section 12-5.01 12-16.2 of this Code.
| ||
"Child" means a person under 17 years of age.
| ||
"Virtual presence" means an environment that is created | ||
with software and presented to the user and or receiver via the | ||
Internet, in such a way that the user appears in front of the | ||
receiver on the computer monitor or screen or hand held | ||
portable electronic device, usually through a web camming | ||
program. "Virtual presence" includes primarily experiencing | ||
through sight or sound, or both, a video image that can be | ||
explored interactively at a personal computer or hand held | ||
communication device, or both. | ||
"Webcam" means a video capturing device connected to a | ||
computer or computer network that is designed to take digital | ||
photographs or live or recorded video which allows for the live |
transmission to an end user over the Internet. | ||
(c) Sentence.
| ||
(1) Sexual exploitation of a child is a Class A | ||
misdemeanor. A second
or subsequent violation of this | ||
Section or a substantially similar law of another state is | ||
a Class 4 felony.
| ||
(2) Sexual exploitation of a child is a Class 4 felony | ||
if the person has
been previously convicted of a sex | ||
offense. | ||
(3) Sexual exploitation of a child is a Class 4 felony | ||
if the victim was under 13 years of age at the time of the | ||
commission of the offense.
| ||
(4) Sexual exploitation of a child is a Class 4 felony | ||
if committed by a person 18 years of age or older who is on | ||
or within 500 feet of elementary or secondary school | ||
grounds when children are present on the grounds. | ||
(Source: P.A. 96-1090, eff. 1-1-11; 96-1098, eff. 1-1-11; | ||
96-1551, eff. 7-1-11; 97-333, eff. 8-12-11.)
| ||
(720 ILCS 5/11-9.1A)
| ||
Sec. 11-9.1A. Permitting sexual abuse of a child. | ||
(a) A person responsible for a child's welfare commits
| ||
permitting sexual
abuse of a child if the person has actual | ||
knowledge of and permits an act of
sexual
abuse upon the
child, | ||
or permits the child to engage in prostitution as
defined in | ||
Section
11-14 of this the Criminal Code of 1961 . |
(b) In this Section: | ||
"Actual knowledge" includes credible allegations made by | ||
the child. | ||
"Child" means a minor under the age of 17 years. | ||
"Person responsible for the child's welfare" means the | ||
child's parent,
step-parent, legal guardian, or other person | ||
having custody of a child, who is
responsible
for the child's | ||
care at the time of the alleged sexual abuse. | ||
"Prostitution" means prostitution as defined in Section | ||
11-14 of this the
Criminal Code of 1961 . | ||
"Sexual abuse" includes criminal sexual abuse or criminal | ||
sexual assault as
defined
in Section 11-1.20, 11-1.30, 11-1.40, | ||
11-1.50, or 11-1.60 of this the Criminal Code of
1961 . | ||
(c) This Section does not apply to a person responsible for | ||
the child's
welfare who, having
reason to believe that sexual | ||
abuse has occurred, makes timely and reasonable
efforts to
stop | ||
the sexual abuse by reporting the sexual abuse in conformance | ||
with the
Abused and
Neglected Child Reporting Act or by | ||
reporting the sexual abuse, or causing a
report to be made,
to | ||
medical or
law enforcement authorities or anyone who is a | ||
mandated reporter under Section
4
of the Abused and Neglected | ||
Child Reporting Act. | ||
(d) Whenever a law enforcement officer has reason to | ||
believe that the child
or the
person responsible for the | ||
child's welfare has been abused by a family or
household member | ||
as defined by the Illinois Domestic Violence Act of 1986, the
|
officer
shall immediately use all reasonable means to prevent | ||
further abuse under
Section 112A-30 of the Code of Criminal | ||
Procedure of 1963. | ||
(e) An order of protection under Section 111-8 of the Code | ||
of Criminal
Procedure of 1963 shall be sought in all cases | ||
where there is reason to believe
that a child has been sexually | ||
abused by a family or household member. In
considering | ||
appropriate available remedies, it shall be presumed that | ||
awarding
physical care or custody to the abuser is not in the | ||
child's best interest. | ||
(f) A person may not be charged with the offense of | ||
permitting sexual abuse
of a child under this Section until the | ||
person who committed the offense is
charged with criminal | ||
sexual assault, aggravated criminal sexual assault,
predatory
| ||
criminal sexual assault of a child, criminal sexual abuse, | ||
aggravated
criminal sexual
abuse, or prostitution. | ||
(g) A person convicted of permitting the sexual abuse of a | ||
child is
guilty
of a Class 1
felony.
As
a condition of any | ||
sentence of supervision, probation, conditional discharge,
or | ||
mandatory
supervised release, any person convicted under this | ||
Section shall be ordered to
undergo
child sexual abuse, | ||
domestic violence, or other appropriate
counseling for a
| ||
specified duration with a qualified social or mental health | ||
worker. | ||
(h) It is an affirmative defense to a charge of permitting | ||
sexual abuse of a
child under this Section that the person |
responsible for the child's welfare
had
a reasonable | ||
apprehension that timely action to stop the abuse or | ||
prostitution
would result in the imminent infliction of death, | ||
great bodily harm, permanent
disfigurement, or permanent | ||
disability to that person or another in retaliation
for | ||
reporting.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
(720 ILCS 5/11-9.3)
| ||
Sec. 11-9.3. Presence within school zone by child sex
| ||
offenders prohibited; approaching, contacting, residing with, | ||
or communicating with a child within certain places by child | ||
sex offenders prohibited.
| ||
(a) It is unlawful for a child sex offender to knowingly be | ||
present in any
school building, on 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 when persons under the age of 18 are
present | ||
in the building, on the grounds or in
the conveyance, unless | ||
the offender is a parent or guardian of a student attending the | ||
school and the parent or guardian is: (i) attending a | ||
conference at the school with school personnel to discuss the | ||
progress of his or her child academically or socially, (ii) | ||
participating in child review conferences in which evaluation | ||
and placement decisions may be made with respect to his or her | ||
child regarding special education services, or (iii) attending |
conferences to discuss other student issues concerning his or | ||
her child such as retention and promotion and notifies the | ||
principal of the school of his or her presence at the school or | ||
unless the
offender has permission to be present from the
| ||
superintendent or the school board or in the case of a private | ||
school from the
principal. In the case of a public school, if | ||
permission is granted, the
superintendent or school board | ||
president must inform the principal of the
school where the sex | ||
offender will be present. Notification includes the
nature of | ||
the sex offender's visit and the hours in which the sex | ||
offender will
be present in the school. The sex offender is | ||
responsible for notifying the
principal's office when he or she | ||
arrives on school property and when he or she
departs from | ||
school property. If the sex offender is to be present in the
| ||
vicinity of children, the sex offender has the duty to remain | ||
under the direct
supervision of a school official.
| ||
(a-5) It is unlawful for a child sex offender to knowingly | ||
be present within 100 feet of a site posted as a pick-up or | ||
discharge stop for a conveyance owned, leased, or contracted by | ||
a school to transport students to or from school or a school | ||
related activity when one or more persons under the age of 18 | ||
are present at the site.
| ||
(a-10) It is unlawful for a child sex offender to knowingly | ||
be present in any
public park building or on real property | ||
comprising any public park
when persons under the age of
18 are
| ||
present in the building or on the grounds
and to approach, |
contact, or communicate with a child under 18 years of
age,
| ||
unless the
offender
is a parent or guardian of a person under | ||
18 years of age present in the
building or on the
grounds. | ||
(b) It is unlawful for a child sex offender to knowingly | ||
loiter within 500 feet of a school building or real property | ||
comprising any school
while persons under the age of 18 are | ||
present in the building or on the
grounds,
unless the offender | ||
is a parent or guardian of a student attending the school and | ||
the parent or guardian is: (i) attending a conference at the | ||
school with school personnel to discuss the progress of his or | ||
her child academically or socially, (ii) participating in child | ||
review conferences in which evaluation and placement decisions | ||
may be made with respect to his or her child regarding special | ||
education services, or (iii) attending conferences to discuss | ||
other student issues concerning his or her child such as | ||
retention and promotion and notifies the principal of the | ||
school of his or her presence at the school or has permission | ||
to be present from the
superintendent or the school board or in | ||
the case of a private school from the
principal. In the case of | ||
a public school, if permission is granted, the
superintendent | ||
or school board president must inform the principal of the
| ||
school where the sex offender will be present. Notification | ||
includes the
nature of the sex offender's visit and the hours | ||
in which the sex offender will
be present in the school. The | ||
sex offender is responsible for notifying the
principal's | ||
office when he or she arrives on school property and when he or |
she
departs from school property. If the sex offender is to be | ||
present in the
vicinity of children, the sex offender has the | ||
duty to remain under the direct
supervision of a school | ||
official.
| ||
(b-2) It is unlawful for a child sex offender to knowingly | ||
loiter on a public
way within 500 feet of a public park | ||
building or real property comprising any
public park
while | ||
persons under the age of 18 are present in the building or on | ||
the
grounds
and to approach, contact, or communicate with a | ||
child under 18 years of
age,
unless the offender
is a parent or | ||
guardian of a person under 18 years of age present in the
| ||
building or on the grounds. | ||
(b-5) It is unlawful for a child sex offender to knowingly | ||
reside within
500 feet of a school building or the real | ||
property comprising any school that
persons under the age of 18 | ||
attend. Nothing in this subsection (b-5) prohibits
a child sex | ||
offender from residing within 500 feet of a school building or | ||
the
real property comprising any school that persons under 18 | ||
attend if the
property is owned by the child sex offender and | ||
was purchased before July 7, 2000 (the
effective date of Public | ||
Act 91-911).
| ||
(b-10) It is unlawful for a child sex offender to knowingly | ||
reside within
500 feet of a playground, child care institution, | ||
day care center, part day child care facility, day care home, | ||
group day care home, or a facility providing programs or | ||
services
exclusively directed toward persons under 18 years of |
age. Nothing in this
subsection (b-10) prohibits a child sex | ||
offender from residing within 500 feet
of a playground or a | ||
facility providing programs or services exclusively
directed | ||
toward persons under 18 years of age if the property is owned | ||
by the
child sex offender and was purchased before July 7, | ||
2000. Nothing in this
subsection (b-10) prohibits a child sex | ||
offender from residing within 500 feet
of a child care | ||
institution, day care center, or part day child care facility | ||
if the property is owned by the
child sex offender and was | ||
purchased before June 26, 2006. Nothing in this subsection | ||
(b-10) prohibits a child sex offender from residing within 500 | ||
feet of a day care home or group day care home if the property | ||
is owned by the child sex offender and was purchased before | ||
August 14, 2008 (the effective date of Public Act 95-821). | ||
(b-15) It is unlawful for a child sex offender to knowingly | ||
reside within
500 feet of the victim of the sex offense. | ||
Nothing in this
subsection (b-15) prohibits a child sex | ||
offender from residing within 500 feet
of the victim if the | ||
property in which the child sex offender resides is owned by | ||
the
child sex offender and was purchased before August 22, | ||
2002. | ||
This subsection (b-15) does not apply if the victim of the | ||
sex offense
is 21 years of age or older. | ||
(b-20) It is unlawful for a child sex offender to knowingly | ||
communicate, other than for a lawful purpose under Illinois | ||
law, using the Internet or any other digital media, with a |
person under 18 years of age or with a person whom he or she | ||
believes to be a person under 18 years of age,
unless the | ||
offender
is a parent or guardian of the person under 18 years | ||
of age. | ||
(c) It is unlawful for a child sex offender to knowingly | ||
operate, manage,
be employed by, volunteer at, be associated | ||
with, or knowingly be present at
any: (i) facility providing
| ||
programs or services exclusively directed toward persons under | ||
the age of 18; (ii) day care center; (iii) part day child care | ||
facility; (iv) child care institution; (v) school providing | ||
before and after school programs for children under 18 years of | ||
age; (vi) day care home; or (vii) group day care home.
This | ||
does not prohibit a child sex offender from owning the real | ||
property upon
which the programs or services are offered or | ||
upon which the day care center, part day child care facility, | ||
child care institution, or school providing before and after | ||
school programs for children under 18 years of age is located, | ||
provided the child sex offender
refrains from being present on | ||
the premises for the hours during which: (1) the
programs or | ||
services are being offered or (2) the day care center, part day | ||
child care facility, child care institution, or school | ||
providing before and after school programs for children under | ||
18 years of age, day care home, or group day care home is | ||
operated. | ||
(c-2) It is unlawful for a child sex offender to | ||
participate in a holiday event involving children under 18 |
years of age, including but not limited to distributing candy | ||
or other items to children on Halloween, wearing a Santa Claus | ||
costume on or preceding Christmas, being employed as a | ||
department store Santa Claus, or wearing an Easter Bunny | ||
costume on or preceding Easter. For the purposes of this | ||
subsection, child sex offender has the meaning as defined in | ||
this Section, but does not include as a sex offense under | ||
paragraph (2) of subsection (d) of this Section, the offense | ||
under subsection (c) of Section 11-1.50 of this Code. This | ||
subsection does not apply to a child sex offender who is a | ||
parent or guardian of children under 18 years of age that are | ||
present in the home and other non-familial minors are not | ||
present. | ||
(c-5) It is unlawful for a child sex offender to knowingly | ||
operate, manage, be employed by, or be associated with any | ||
county fair when persons under the age of 18 are present. | ||
(c-6) It is unlawful for a child sex offender who owns and | ||
resides at residential real estate to knowingly rent any | ||
residential unit within the same building in which he or she | ||
resides to a person who is the parent or guardian of a child or | ||
children under 18 years of age. This subsection shall apply | ||
only to leases or other rental arrangements entered into after | ||
January 1, 2009 (the effective date of Public Act 95-820). | ||
(c-7) It is unlawful for a child sex offender to knowingly | ||
offer or provide any programs or services to persons under 18 | ||
years of age in his or her residence or the residence of |
another or in any facility for the purpose of offering or | ||
providing such programs or services, whether such programs or | ||
services are offered or provided by contract, agreement, | ||
arrangement, or on a volunteer basis. | ||
(c-8) It is unlawful for a child sex offender to knowingly | ||
operate, whether authorized to do so or not, any of the | ||
following vehicles: (1) a vehicle which is specifically | ||
designed, constructed or modified and equipped to be used for | ||
the retail sale of food or beverages, including but not limited | ||
to an ice cream truck; (2) an authorized emergency vehicle; or | ||
(3) a rescue vehicle. | ||
(d) Definitions. In this Section:
| ||
(1) "Child sex offender" means any person who:
| ||
(i) has been charged under Illinois law, or any | ||
substantially similar
federal law
or law of another | ||
state, with a sex offense set forth in
paragraph (2) of | ||
this subsection (d) or the attempt to commit an | ||
included sex
offense, and the victim is a person under | ||
18 years of age at the time of the offense; and:
| ||
(A) is convicted of such offense or an attempt | ||
to commit such offense;
or
| ||
(B) is found not guilty by reason of insanity | ||
of such offense or an
attempt to commit such | ||
offense; or
| ||
(C) is found not guilty by reason of insanity | ||
pursuant to subsection
(c) of Section 104-25 of the |
Code of Criminal Procedure of 1963 of such offense
| ||
or an attempt to commit such offense; or
| ||
(D) is the subject of a finding not resulting | ||
in an acquittal at a
hearing conducted pursuant to | ||
subsection (a) of Section 104-25 of the Code of
| ||
Criminal Procedure of 1963 for the alleged | ||
commission or attempted commission
of such | ||
offense; or
| ||
(E) is found not guilty by reason of insanity | ||
following a hearing
conducted pursuant to a | ||
federal law or the law of another state | ||
substantially
similar to subsection (c) of Section | ||
104-25 of the Code of Criminal Procedure
of 1963 of | ||
such offense or of the attempted commission of such | ||
offense; or
| ||
(F) is the subject of a finding not resulting | ||
in an acquittal at a
hearing
conducted pursuant to | ||
a federal law or the law of another state | ||
substantially
similar to subsection (a) of Section | ||
104-25 of the Code of Criminal Procedure
of 1963 | ||
for the alleged violation or attempted commission | ||
of such offense; or
| ||
(ii) is certified as a sexually dangerous person | ||
pursuant to the
Illinois
Sexually Dangerous Persons | ||
Act, or any substantially similar federal
law or the | ||
law of another state, when any conduct giving rise to |
such
certification is committed or attempted against a | ||
person less than 18 years of
age; or
| ||
(iii) is subject to the provisions of Section 2 of | ||
the Interstate
Agreements on Sexually Dangerous | ||
Persons Act.
| ||
Convictions that result from or are connected with the | ||
same act, or result
from offenses committed at the same | ||
time, shall be counted for the purpose of
this Section as | ||
one conviction. Any conviction set aside pursuant to law is
| ||
not a conviction for purposes of this Section.
| ||
(2) Except as otherwise provided in paragraph (2.5), | ||
"sex offense"
means:
| ||
(i) A violation of any of the following Sections of | ||
the Criminal Code of
1961 or the Criminal Code of 2012 : | ||
10-4 (forcible detention), 10-7 (aiding or abetting | ||
child abduction under Section 10-5(b)(10)),
| ||
10-5(b)(10) (child luring), 11-1.40 (predatory | ||
criminal sexual assault of a child), 11-6 (indecent | ||
solicitation of a child), 11-6.5
(indecent | ||
solicitation of an adult),
11-9.1 (sexual exploitation | ||
of a child), 11-9.2 (custodial sexual misconduct), | ||
11-9.5 (sexual misconduct with a person with a | ||
disability), 11-11 (sexual relations within families), | ||
11-14.3(a)(1) (promoting prostitution by advancing | ||
prostitution), 11-14.3(a)(2)(A) (promoting | ||
prostitution by profiting from prostitution by |
compelling a person to be a prostitute), | ||
11-14.3(a)(2)(C) (promoting prostitution by profiting | ||
from prostitution by means other than as described in | ||
subparagraphs (A) and (B) of paragraph (2) of | ||
subsection (a) of Section 11-14.3), 11-14.4 (promoting | ||
juvenile prostitution), 11-18.1
(patronizing a | ||
juvenile prostitute), 11-20.1 (child pornography), | ||
11-20.1B (aggravated child pornography), 11-21 | ||
(harmful
material), 11-25 (grooming), 11-26 (traveling | ||
to meet a minor), 12-33 (ritualized abuse of a
child), | ||
11-20 (obscenity) (when that offense was committed in | ||
any school, on
real property comprising any school, in | ||
any conveyance owned,
leased, or contracted by a school | ||
to transport students to or from school or a
school | ||
related activity, or in a public park), 11-30 (public | ||
indecency) (when committed in a school, on real | ||
property
comprising a school, in any conveyance owned, | ||
leased, or contracted by a
school to transport students | ||
to or from school or a school related activity, or in a | ||
public park). An attempt to commit any of these | ||
offenses.
| ||
(ii) A violation of any of the following Sections | ||
of the Criminal Code
of 1961 or the Criminal Code of | ||
2012 , when the victim is a person under 18 years of | ||
age: 11-1.20 (criminal
sexual assault), 11-1.30 | ||
(aggravated criminal sexual assault), 11-1.50 |
(criminal
sexual abuse), 11-1.60 (aggravated criminal | ||
sexual abuse). An attempt to commit
any of these | ||
offenses.
| ||
(iii) A violation of any of the following Sections | ||
of the Criminal Code
of 1961 or the Criminal Code of | ||
2012 , when the victim is a person under 18 years of age | ||
and the defendant is
not a parent of the victim:
| ||
10-1 (kidnapping),
| ||
10-2 (aggravated kidnapping),
| ||
10-3 (unlawful restraint),
| ||
10-3.1 (aggravated unlawful restraint),
| ||
11-9.1(A) (permitting sexual abuse of a child).
| ||
An attempt to commit any of these offenses.
| ||
(iv) A violation of any former law of this State | ||
substantially
equivalent to any offense listed in | ||
clause (2)(i) or (2)(ii) of subsection (d) of this
| ||
Section.
| ||
(2.5) For the purposes of subsections (b-5) and (b-10) | ||
only, a sex offense means:
| ||
(i) A violation of any of the following Sections of | ||
the Criminal Code of
1961 or the Criminal Code of 2012 :
| ||
10-5(b)(10) (child luring), 10-7 (aiding or | ||
abetting child abduction
under Section 10-5(b)(10)), | ||
11-1.40 (predatory criminal sexual assault of a | ||
child), 11-6 (indecent solicitation of
a
child), | ||
11-6.5 (indecent solicitation of an adult), 11-9.2 |
(custodial sexual misconduct), 11-9.5 (sexual | ||
misconduct with a person with a disability), 11-11 | ||
(sexual relations within families), 11-14.3(a)(1) | ||
(promoting prostitution by advancing prostitution), | ||
11-14.3(a)(2)(A) (promoting prostitution by profiting | ||
from prostitution by compelling a person to be a | ||
prostitute), 11-14.3(a)(2)(C) (promoting prostitution | ||
by profiting from prostitution by means other than as | ||
described in subparagraphs (A) and (B) of paragraph (2) | ||
of subsection (a) of Section 11-14.3), 11-14.4 | ||
(promoting juvenile prostitution), 11-18.1
| ||
(patronizing a juvenile prostitute), 11-20.1 (child | ||
pornography), 11-20.1B (aggravated child pornography), | ||
11-25 (grooming), 11-26 (traveling to meet a minor), or | ||
12-33 (ritualized abuse of a
child). An attempt
to | ||
commit any of
these offenses.
| ||
(ii) A violation of any of the following Sections | ||
of the Criminal Code
of 1961 or the Criminal Code of | ||
2012 , when the victim is a person under 18 years of | ||
age: 11-1.20 (criminal
sexual assault), 11-1.30 | ||
(aggravated criminal sexual assault), 11-1.60
| ||
(aggravated criminal sexual abuse), and subsection (a) | ||
of Section 11-1.50
(criminal sexual abuse). An attempt | ||
to commit
any of these offenses.
| ||
(iii) A violation of any of the following Sections | ||
of the Criminal Code
of 1961 or the Criminal Code of |
2012 , when the victim is a person under 18 years of age | ||
and the defendant is
not a parent of the victim:
| ||
10-1 (kidnapping),
| ||
10-2 (aggravated kidnapping),
| ||
10-3 (unlawful restraint),
| ||
10-3.1 (aggravated unlawful restraint),
| ||
11-9.1(A) (permitting sexual abuse of a child).
| ||
An attempt to commit any of these offenses.
| ||
(iv) A violation of any former law of this State | ||
substantially
equivalent to any offense listed in this | ||
paragraph (2.5) of
this subsection.
| ||
(3) A conviction for an offense of federal law or the | ||
law of another state
that is substantially equivalent to | ||
any offense listed in paragraph (2) of
subsection (d) of | ||
this Section shall constitute a conviction for the purpose | ||
of
this Section. A finding or adjudication as a sexually | ||
dangerous person under
any federal law or law of another | ||
state that is substantially equivalent to the
Sexually | ||
Dangerous Persons Act shall constitute an adjudication for | ||
the
purposes of this Section.
| ||
(4) "Authorized emergency vehicle", "rescue vehicle", | ||
and "vehicle" have the meanings ascribed to them in | ||
Sections 1-105, 1-171.8 and 1-217, respectively, of the | ||
Illinois Vehicle Code. | ||
(5) "Child care institution" has the meaning ascribed | ||
to it in Section 2.06 of the Child Care Act of 1969. |
(6) "Day care center" has the meaning ascribed to it in | ||
Section 2.09 of the Child Care Act of 1969. | ||
(7) "Day care home" has the meaning ascribed to it in | ||
Section 2.18 of the Child Care Act of 1969. | ||
(8) "Facility providing programs or services directed | ||
towards persons under the age of 18" means any facility | ||
providing programs or services exclusively directed | ||
towards persons under the age of 18. | ||
(9) "Group day care home" has the meaning ascribed to | ||
it in Section 2.20 of the Child Care Act of 1969. | ||
(10) "Internet" has the meaning set forth in Section | ||
16-0.1 16J-5 of this Code.
| ||
(11) "Loiter" means:
| ||
(i) Standing, sitting idly, whether or not the | ||
person is in a vehicle, or
remaining in or around | ||
school or public park property.
| ||
(ii) Standing, sitting idly, whether or not the | ||
person is in a vehicle,
or remaining in or around | ||
school or public park property, for the purpose of | ||
committing or
attempting to commit a sex offense.
| ||
(iii) Entering or remaining in a building in or | ||
around school property, other than the offender's | ||
residence. | ||
(12) "Part day child care facility" has the meaning | ||
ascribed to it in Section 2.10 of the Child Care Act of | ||
1969. |
(13) "Playground" means a piece of land owned or | ||
controlled by a unit
of
local government that is designated | ||
by the unit of local government for use
solely or primarily | ||
for children's recreation. | ||
(14) "Public park" includes a park, forest preserve, | ||
bikeway, trail, or
conservation
area
under the | ||
jurisdiction of the State or a unit of local government. | ||
(15) "School" means a public or private preschool or | ||
elementary or secondary school.
| ||
(16) "School official"
means the principal, a teacher, | ||
or any other certified employee of the
school, the | ||
superintendent of schools or a member of the school board.
| ||
(e) For the purposes of this Section, the 500 feet distance | ||
shall be measured from: (1) the edge of the property of the | ||
school building or the real property comprising the school that | ||
is closest to the edge of the property of the child sex | ||
offender's residence or where he or she is loitering, and (2) | ||
the edge of the property comprising the public park building or | ||
the real property comprising the public park, playground, child | ||
care institution, day care center, part day child care | ||
facility, or facility providing programs or services | ||
exclusively directed toward persons under 18 years of age, or a | ||
victim of the sex offense who is under 21 years of age, to the | ||
edge of the child sex offender's place of residence or place | ||
where he or she is loitering.
| ||
(f) Sentence. A person who violates this Section is guilty |
of a Class 4
felony.
| ||
(Source: P.A. 96-328, eff. 8-11-09; 96-710, eff. 1-1-10; | ||
96-1551, eff. 7-1-11; 97-698, eff. 1-1-13; 97-699, eff. 1-1-13; | ||
revised 7-10-12.)
| ||
(720 ILCS 5/11-23)
| ||
Sec. 11-23. Posting of identifying or graphic information | ||
on a pornographic
Internet site or possessing graphic | ||
information with pornographic material. | ||
(a) A person at least 17 years of age who knowingly | ||
discloses on an adult obscenity or
child
pornography Internet | ||
site the name, address, telephone number, or e-mail
address of | ||
a person
under 17 years of age at the time of the commission of
| ||
the offense or of a person at least 17 years of age without the | ||
consent of
the person at least 17 years of age is guilty of | ||
posting of
identifying information on a pornographic Internet | ||
site.
| ||
(a-5) Any person who knowingly places, posts, reproduces, | ||
or maintains on an adult obscenity or child pornography | ||
Internet site a photograph, video, or digital image of a person | ||
under 18 years of age that is not child pornography under | ||
Section 11-20.1, without the knowledge and consent of the | ||
person under 18 years of age, is guilty of posting of graphic | ||
information on a pornographic Internet site. This provision | ||
applies even if the person under 18 years of age is fully or | ||
properly clothed in the photograph, video, or digital image. |
(a-10) Any person who knowingly places, posts, reproduces, | ||
or maintains on an adult obscenity or child pornography | ||
Internet site, or possesses with obscene or child pornographic | ||
material a photograph, video, or digital image of a person | ||
under 18 years of age in which the child is posed in a | ||
suggestive manner with the focus or concentration of the image | ||
on the child's clothed genitals, clothed pubic area, clothed | ||
buttocks area, or if the child is female, the breast exposed | ||
through transparent clothing, and the photograph, video, or | ||
digital image is not child pornography under Section 11-20.1, | ||
is guilty of posting of graphic information on a pornographic | ||
Internet site or possessing graphic information with | ||
pornographic material. | ||
(b) Sentence. A person who violates subsection (a) of this | ||
Section is guilty of a Class 4
felony if the victim is at least | ||
17 years of age at the time of the offense and
a
Class 3 felony | ||
if the victim is under 17 years of age at the time of the
| ||
offense. A person who violates subsection (a-5) of this Section | ||
is guilty of a Class 4 felony. A person who violates subsection | ||
(a-10) of this Section is guilty of a Class 3 felony.
| ||
(c) Definitions. For purposes of this Section:
| ||
(1) "Adult obscenity or child pornography Internet | ||
site" means a site on
the Internet that contains material | ||
that is obscene as defined in Section 11-20
of this Code or
| ||
that is child pornography as defined in Section 11-20.1 of | ||
this Code.
|
(2) "Internet" has the meaning set forth in Section | ||
16-0.1 16J-5 of this Code.
| ||
(Source: P.A. 95-983, eff. 6-1-09; 96-1551, eff. 7-1-11 .)
| ||
(720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
| ||
Sec. 16-1. Theft.
| ||
(a) A person commits theft when he or she knowingly:
| ||
(1) Obtains or exerts unauthorized control over | ||
property of the
owner; or
| ||
(2) Obtains by deception control over property of the | ||
owner; or
| ||
(3) Obtains by threat control over property of the | ||
owner; or
| ||
(4) Obtains control over stolen property knowing the | ||
property to
have been stolen or under such circumstances as | ||
would
reasonably induce him or her to believe that the | ||
property was stolen; or
| ||
(5) Obtains or exerts control over property in the | ||
custody of any law
enforcement agency which any law | ||
enforcement officer or any individual acting in behalf of a | ||
law enforcement agency explicitly represents to the person | ||
as being stolen or represents to the person such | ||
circumstances as would reasonably induce the person to | ||
believe that the property was stolen, and
| ||
(A) Intends to deprive the owner permanently of the | ||
use or
benefit of the property; or
|
(B) Knowingly uses, conceals or abandons the | ||
property in such
manner as to deprive the owner | ||
permanently of such use or benefit; or
| ||
(C) Uses, conceals, or abandons the property | ||
knowing such use,
concealment or abandonment probably | ||
will deprive the owner permanently
of such use or | ||
benefit.
| ||
(b) Sentence.
| ||
(1) Theft of property not from the person and
not | ||
exceeding $500 in value is a Class A misdemeanor.
| ||
(1.1) Theft of property not from the person and
not | ||
exceeding $500 in value is a Class 4 felony if the theft | ||
was committed in a
school or place of worship or if the | ||
theft was of governmental property.
| ||
(2) A person who has been convicted of theft of | ||
property not from the
person and not exceeding
$500 in | ||
value who has been
previously convicted of any type of | ||
theft, robbery, armed robbery,
burglary, residential | ||
burglary, possession of burglary tools, home
invasion, | ||
forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or | ||
4-103.3
of the Illinois Vehicle Code relating to the | ||
possession of a stolen or
converted motor vehicle, or a | ||
violation of Section 17-36 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, or Section 8 of the Illinois | ||
Credit
Card and Debit Card Act is guilty of a Class 4 | ||
felony.
|
(3) (Blank).
| ||
(4) Theft of property from the person not exceeding | ||
$500 in value, or
theft of
property exceeding $500 and not | ||
exceeding $10,000 in value, is a
Class 3 felony.
| ||
(4.1) Theft of property from the person not exceeding | ||
$500 in value, or
theft of property exceeding $500 and not | ||
exceeding $10,000 in value, is a Class
2 felony if the | ||
theft was committed in a school or place of worship or if | ||
the theft was of governmental property.
| ||
(5) Theft of property exceeding $10,000 and not | ||
exceeding
$100,000 in value is a Class 2 felony.
| ||
(5.1) Theft of property exceeding $10,000 and not | ||
exceeding $100,000 in
value is a Class 1 felony
if the | ||
theft was committed in a school or place of worship or if | ||
the theft was of governmental property.
| ||
(6) Theft of property exceeding $100,000 and not | ||
exceeding $500,000 in
value is a Class 1 felony.
| ||
(6.1) Theft of property exceeding $100,000 in value is | ||
a Class X felony
if the theft was committed in a school or | ||
place of worship or if the theft was of governmental | ||
property.
| ||
(6.2) Theft of property exceeding $500,000 and not | ||
exceeding $1,000,000 in value is a Class 1
| ||
non-probationable
felony.
| ||
(6.3) Theft of property exceeding $1,000,000 in value | ||
is a Class X felony.
|
(7) Theft by deception, as described by paragraph (2) | ||
of
subsection (a) of
this Section, in which the offender | ||
obtained money or property valued at
$5,000 or more from a | ||
victim 60 years of age or older is a Class 2 felony.
| ||
(8) Theft by deception, as described by paragraph (2) | ||
of
subsection (a) of
this Section, in which the offender | ||
falsely poses as a landlord or agent or employee of the | ||
landlord and obtains a rent payment or a security deposit | ||
from a tenant is a Class 3 felony if the rent payment or | ||
security deposit obtained does not exceed $500. | ||
(9) Theft by deception, as described by paragraph (2) | ||
of
subsection (a) of
this Section, in which the offender | ||
falsely poses as a landlord or agent or employee of the | ||
landlord and obtains a rent payment or a security deposit | ||
from a tenant is a Class 2 felony if the rent payment or | ||
security deposit obtained exceeds $500 and does not exceed | ||
$10,000. | ||
(10) Theft by deception, as described by paragraph (2) | ||
of
subsection (a) of
this Section, in which the offender | ||
falsely poses as a landlord or agent or employee of the | ||
landlord and obtains a rent payment or a security deposit | ||
from a tenant is a Class 1 felony if the rent payment or | ||
security deposit obtained exceeds $10,000 and does not | ||
exceed $100,000. | ||
(11) Theft by deception, as described by paragraph (2) | ||
of
subsection (a) of
this Section, in which the offender |
falsely poses as a landlord or agent or employee of the | ||
landlord and obtains a rent payment or a security deposit | ||
from a tenant is a Class X felony if the rent payment or | ||
security deposit obtained exceeds $100,000. | ||
(c) When a charge of theft of property exceeding a | ||
specified value
is brought, the value of the property involved | ||
is an element of the offense
to be resolved by the trier of | ||
fact as either exceeding or not exceeding
the specified value.
| ||
(d) Theft by lessee; permissive inference. The trier of | ||
fact may infer evidence that a person intends to deprive the | ||
owner permanently of the use or benefit of the property (1) if | ||
a
lessee of the personal property of another fails to return it | ||
to the
owner within 10 days after written demand from the owner | ||
for its
return or (2) if a lessee of the personal property of | ||
another fails to return
it to the owner within 24 hours after | ||
written demand from the owner for its
return and the lessee had | ||
presented identification to the owner that contained
a | ||
materially fictitious name, address, or telephone number. A | ||
notice in
writing, given after the expiration of the leasing | ||
agreement, addressed and
mailed, by registered mail, to the | ||
lessee at the address given by him and shown
on the leasing | ||
agreement shall constitute proper demand. | ||
(e) Permissive inference; evidence of intent that a person | ||
obtains by deception control over property. The trier of fact | ||
may infer that a person
"knowingly obtains by deception control | ||
over property of the owner" when he or she
fails to return, |
within 45 days after written demand from the owner, the
| ||
downpayment and any additional payments accepted under a | ||
promise, oral or
in writing, to perform services for the owner | ||
for consideration of $3,000
or more, and the promisor knowingly | ||
without good cause failed to
substantially perform pursuant to | ||
the agreement after taking a down payment
of 10% or more of the | ||
agreed upon consideration.
This provision shall not apply where | ||
the owner initiated the suspension of
performance under the | ||
agreement, or where the promisor responds to the
notice within | ||
the 45-day notice period. A notice in writing, addressed and
| ||
mailed, by registered mail, to the promisor at the last known | ||
address of
the promisor, shall constitute proper demand. | ||
(f) Offender's interest in the property. | ||
(1) It is no defense to a charge of theft of property | ||
that the offender
has an interest therein, when the owner | ||
also has an interest to which the
offender is not entitled. | ||
(2) Where the property involved is that of the | ||
offender's spouse, no
prosecution for theft may be | ||
maintained unless the parties were not living
together as | ||
man and wife and were living in separate abodes at the time | ||
of
the alleged theft. | ||
(Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09; | ||
96-1000, eff. 7-2-10; 96-1301, eff. 1-1-11; 96-1532, eff. | ||
1-1-12; 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12.) | ||
(720 ILCS 5/17-10.5)
|
Sec. 17-10.5. Insurance fraud. | ||
(a) Insurance fraud. | ||
(1) A person commits insurance fraud when he or she | ||
knowingly
obtains, attempts to obtain, or causes to be
| ||
obtained, by deception, control over the property of an | ||
insurance
company or self-insured entity by
the making of a | ||
false claim or by causing a false claim to be made on any
| ||
policy of insurance issued by an insurance
company or by | ||
the making of a false claim or by causing a false claim to | ||
be made to a self-insured entity,
intending to deprive an | ||
insurance
company or self-insured entity permanently of | ||
the use and
benefit of that property. | ||
(2) A person commits health care benefits fraud against | ||
a provider, other than a governmental unit or agency, when | ||
he or she knowingly obtains or attempts to obtain, by | ||
deception, health care benefits and that obtaining or | ||
attempt to obtain health care benefits does not involve | ||
control over property of the provider. | ||
(b) Aggravated insurance fraud. | ||
(1) A person commits aggravated insurance fraud on a | ||
private entity when he or she commits insurance fraud 3 or | ||
more times within an 18-month period arising out of | ||
separate incidents or transactions. | ||
(2) A person commits being an organizer of an | ||
aggravated insurance fraud on a private entity conspiracy | ||
if aggravated insurance fraud on a private entity forms the |
basis for a charge of conspiracy under Section 8-2 of this | ||
Code and the person occupies a position of organizer, | ||
supervisor, financer, or other position of management | ||
within the conspiracy. | ||
(c) Conspiracy to commit insurance fraud. If aggravated | ||
insurance fraud on a private entity forms the basis for charges | ||
of conspiracy under Section 8-2 of this Code, the person or | ||
persons with whom the accused is alleged to have agreed to | ||
commit the 3 or more violations of this Section need not be the | ||
same person or persons for each violation, as long as the | ||
accused was a part of the common scheme or plan to engage in | ||
each of the 3 or more alleged violations. | ||
If aggravated insurance fraud on a private entity forms the | ||
basis for a charge of conspiracy under Section 8-2 of this | ||
Code, and the accused occupies a position of organizer, | ||
supervisor, financer, or other position of management within | ||
the conspiracy, the person or persons with whom the accused is | ||
alleged to have agreed to commit the 3 or more violations of | ||
this Section need not be the same person or persons for each | ||
violation as long as the accused occupied a position of | ||
organizer, supervisor, financer, or other position of | ||
management in each of the 3 or more alleged violations. | ||
(d) Sentence. | ||
(1) A violation of paragraph (a)(1) in which the value | ||
of the property
obtained, attempted to be obtained, or | ||
caused to be obtained is $300 or less is a Class A |
misdemeanor. | ||
(2) A violation of paragraph (a)(1) in which the value | ||
of the property
obtained, attempted to be obtained, or | ||
caused to be obtained is more than $300 but not more than
| ||
$10,000 is a Class 3 felony. | ||
(3) A violation of paragraph (a)(1) in which the value | ||
of the property
obtained, attempted to be obtained, or | ||
caused to be obtained is more than $10,000 but not more | ||
than
$100,000 is a Class 2 felony. | ||
(4) A violation of paragraph (a)(1) in which the value | ||
of the property
obtained, attempted to be obtained, or | ||
caused to be obtained is more than $100,000 is a Class 1 | ||
felony. | ||
(5) A violation of paragraph (a)(2) is a Class A | ||
misdemeanor. | ||
(6) A violation of paragraph (b)(1) is a Class 1 | ||
felony, regardless of the value of the property obtained, | ||
attempted to be obtained, or caused to be obtained. | ||
(7) A violation of paragraph (b)(2) is a Class X | ||
felony. | ||
(8) A person convicted of insurance fraud, vendor | ||
fraud, or a federal criminal violation associated with | ||
defrauding the Medicaid program shall be ordered to pay
| ||
monetary
restitution to the insurance company or | ||
self-insured entity or any other person for any
financial | ||
loss
sustained as a result of a violation of this Section, |
including any court costs
and attorney's
fees. An order of | ||
restitution shall include expenses incurred and paid by the | ||
State of Illinois or
an insurance company or self-insured | ||
entity
in connection with any medical evaluation or | ||
treatment services. | ||
(9) Notwithstanding Section 8-5 of this Code, a person | ||
may be convicted and sentenced both for the offense of | ||
conspiracy to commit insurance fraud or the offense of | ||
being an organizer of an aggravated insurance fraud | ||
conspiracy and for any other offense that is the object of | ||
the conspiracy. | ||
(e) Civil damages for insurance fraud. | ||
(1) A person who knowingly obtains, attempts to obtain, | ||
or causes to be
obtained, by deception, control over the | ||
property of any insurance company by
the making of a false | ||
claim or by causing a false claim to be made on a
policy of | ||
insurance issued by an insurance
company, or by the making | ||
of a false claim or by causing a false claim to be
made to a | ||
self-insured entity,
intending to deprive an insurance | ||
company
or self-insured entity permanently of the use and
| ||
benefit of that property, shall be civilly liable to the | ||
insurance company or
self-insured entity that
paid the | ||
claim or against whom the claim was made or to the subrogee | ||
of that
insurance company or self-insured entity in an | ||
amount equal to either 3
times the value of the property
| ||
wrongfully obtained or, if no property was wrongfully |
obtained, twice the
value of the property attempted to be
| ||
obtained, whichever amount is greater, plus reasonable | ||
attorney's fees. | ||
(2) An insurance company or self-insured entity that | ||
brings an action
against a person under
paragraph (1) of | ||
this subsection in bad faith shall be liable to that person | ||
for
twice the value of the property claimed, plus | ||
reasonable attorney's fees. In
determining whether an | ||
insurance company or self-insured entity acted in
bad | ||
faith, the court shall
relax the rules of evidence to allow | ||
for the introduction of any facts or other
information on | ||
which the insurance company or self-insured entity may have
| ||
relied in bringing an
action under paragraph (1) of this | ||
subsection. | ||
(f) Determination of property value. For the purposes of | ||
this Section, if the exact value of the property
attempted to | ||
be obtained is either not alleged by the claimant or not
| ||
specifically set by the terms of a policy of insurance, the | ||
value
of the
property shall be the fair market replacement | ||
value of the property claimed to
be lost, the reasonable costs | ||
of reimbursing a vendor or other claimant for
services to be | ||
rendered, or both. | ||
(g) Actions by State licensing agencies. | ||
(1) All State licensing agencies, the Illinois State | ||
Police, and
the
Department of Financial and Professional | ||
Regulation shall coordinate enforcement efforts relating |
to acts
of
insurance fraud. | ||
(2) If a person who is licensed or registered under the | ||
laws of the State of
Illinois to engage in a business or | ||
profession is convicted of or pleads
guilty to engaging
in | ||
an act of insurance fraud, the Illinois State Police must | ||
forward
to each
State agency by which the person is | ||
licensed or registered a copy of the
conviction or
plea and | ||
all supporting evidence. | ||
(3) Any agency that receives information under this | ||
Section shall, not later
than
6 months after the date on | ||
which it receives the information, publicly report the | ||
final action
taken
against the convicted person, including | ||
but not limited to the revocation or
suspension
of the | ||
license or any other disciplinary action taken. | ||
(h) Definitions. For the purposes of this Section, | ||
"obtain", "obtains control", "deception", "property", and | ||
"permanent deprivation" have the meanings ascribed to those | ||
terms in Article 15 of this Code.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .) | ||
(720 ILCS 5/19-6) (was 720 ILCS 5/12-11) | ||
Sec. 19-6. Home Invasion. | ||
(a) A person who is not a peace officer acting
in the line | ||
of duty commits home invasion when
without authority he or she | ||
knowingly enters the dwelling place of another when
he or she | ||
knows or has reason to know that one or more persons is present
|
or he or she knowingly enters the dwelling place of another and | ||
remains
in the dwelling place until he or she knows or has | ||
reason to know that one
or more persons is present or who | ||
falsely represents himself or herself, including but not | ||
limited to, falsely representing himself or herself to be a | ||
representative of any unit of government or a construction, | ||
telecommunications, or utility company, for the purpose of | ||
gaining entry to the dwelling place of another when he or she | ||
knows or has reason to know that one or more persons are | ||
present and | ||
(1) While armed with a dangerous weapon, other than a | ||
firearm, uses
force or threatens the
imminent
use of force | ||
upon any person or persons within the dwelling place | ||
whether
or not injury occurs, or | ||
(2) Intentionally causes any injury, except as | ||
provided in subsection
(a)(5), to any person or persons | ||
within the dwelling place, or | ||
(3) While armed with a firearm uses force or threatens | ||
the imminent use of
force upon any person or persons within | ||
the dwelling place whether or not
injury occurs, or | ||
(4) Uses force or threatens the imminent use of force | ||
upon any person or
persons within the dwelling place | ||
whether or not injury occurs and during the
commission of | ||
the offense personally discharges a firearm, or | ||
(5) Personally discharges a firearm that proximately | ||
causes great bodily
harm, permanent disability, permanent |
disfigurement, or death to another
person within the | ||
dwelling place, or | ||
(6) Commits, against any person or persons within that | ||
dwelling place, a
violation of Section 11-1.20, 11-1.30, | ||
11-1.40, 11-1.50, or 11-1.60 , 12-13, 12-14, 12-14.1, | ||
12-15, or 12-16 of this the Criminal
Code of 1961 . | ||
(b) It is an affirmative defense to a charge of home | ||
invasion that
the accused who knowingly enters the dwelling | ||
place of another and remains
in the dwelling place until he or | ||
she knows or has reason to know that one
or more persons is | ||
present either immediately leaves the premises or
surrenders to | ||
the person or persons lawfully present therein without either
| ||
attempting to cause or causing serious bodily injury to any | ||
person present
therein. | ||
(c) Sentence. Home invasion in violation of subsection | ||
(a)(1),
(a)(2) or (a)(6) is a Class X felony.
A violation of | ||
subsection (a)(3) is a Class X felony for
which 15 years shall | ||
be added to the term of imprisonment imposed by the
court. A | ||
violation of subsection (a)(4) is a Class X felony for which 20 | ||
years
shall be added to the term of imprisonment imposed by the | ||
court. A violation of
subsection (a)(5) is a Class X felony for | ||
which 25 years or up to a term of
natural life shall be added to | ||
the term of imprisonment imposed by the court. | ||
(d) For purposes of this Section, "dwelling place of | ||
another" includes
a dwelling place where the defendant
| ||
maintains a tenancy interest but from which the defendant has |
been barred by a
divorce decree, judgment of dissolution of | ||
marriage, order of protection, or
other court order. | ||
(Source: P.A. 96-1113, eff. 1-1-11; 96-1551, eff. 7-1-11; | ||
97-1108, eff. 1-1-13.) | ||
(720 ILCS 5/26.5-5) | ||
Sec. 26.5-5. Sentence. | ||
(a) Except as provided in
subsection (b), a
person who | ||
violates any of the provisions of
Section 26.5-1, 26.5-2, or | ||
26.5-3 of this Article
is guilty of a Class B misdemeanor.
| ||
Except as provided
in subsection (b), a second or subsequent
| ||
violation of Section 26.5-1, 26.5-2, or 26.5-3 of this
Article | ||
is a Class A
misdemeanor, for which the
court
shall impose a | ||
minimum of 14 days in
jail or, if public or
community service | ||
is established in the county in which the offender was
| ||
convicted, 240 hours of public or community service. | ||
(b) In any of the following circumstances, a person who | ||
violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article | ||
shall be guilty of a Class 4 felony: | ||
(1) The person has 3 or more prior violations in the | ||
last 10 years of
harassment
by
telephone, harassment | ||
through electronic
communications, or any similar offense | ||
of any
other state; | ||
(2) The person has previously violated the harassment | ||
by telephone
provisions, or the harassment through | ||
electronic
communications provisions, or committed any |
similar
offense in any other state with the same victim or | ||
a member of the victim's family or
household; | ||
(3) At the time of the offense, the offender was under | ||
conditions of bail,
probation, conditional discharge, | ||
mandatory supervised release or was the subject of an order | ||
of
protection, in this or any other state, prohibiting | ||
contact with the victim or
any member of the victim's | ||
family or household; | ||
(4) In the course of the offense, the offender | ||
threatened to kill the
victim or any member of the victim's | ||
family or household; | ||
(5) The person has been convicted in the last 10 years | ||
of a forcible
felony
as defined in Section 2-8 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 ; | ||
(6) The person violates paragraph (5) of Section 26.5-2 | ||
or paragraph
(4) of Section 26.5-3; or | ||
(7) The person was at least 18 years of age at the time | ||
of the commission of the offense and the victim was under | ||
18 years of age at the time of the commission of the | ||
offense. | ||
(c) The court may order any person
convicted under this | ||
Article to submit to a psychiatric examination.
| ||
(Source: P.A. 97-1108, eff. 1-1-13.) | ||
(720 ILCS 5/33G-3) | ||
(Section scheduled to be repealed on June 11, 2017) |
Sec. 33G-3. Definitions. As used in this Article: | ||
(a) "Another state" means any State of the United States | ||
(other than the State of Illinois), or the District of | ||
Columbia, or the Commonwealth of Puerto Rico, or any territory | ||
or possession of the United States, or any political | ||
subdivision, or any department, agency, or instrumentality | ||
thereof. | ||
(b) "Enterprise" includes: | ||
(1) any partnership, corporation, association, | ||
business or charitable trust, or other legal entity; and | ||
(2) any group of individuals or other legal entities, | ||
or any combination thereof, associated in fact although not | ||
itself a legal entity. An association in fact must be held | ||
together by a common purpose of engaging in a course of | ||
conduct, and it may be associated together for purposes | ||
that are both legal and illegal. An association in fact | ||
must: | ||
(A) have an ongoing organization or structure, | ||
either formal or informal; | ||
(B) the various members of the group must function | ||
as a continuing unit, even if the group changes | ||
membership by gaining or losing members over time; and | ||
(C) have an ascertainable structure distinct from | ||
that inherent in the conduct of a pattern of predicate | ||
activity. | ||
As used in this Article, "enterprise" includes licit and |
illicit enterprises. | ||
(c) "Labor organization" includes any organization, labor | ||
union, craft union, or any voluntary unincorporated | ||
association designed to further the cause of the rights of | ||
union labor that is constituted for the purpose, in whole or in | ||
part, of collective bargaining or of dealing with employers | ||
concerning grievances, terms or conditions of employment, or | ||
apprenticeships or applications for apprenticeships, or of | ||
other mutual aid or protection in connection with employment, | ||
including apprenticeships or applications for apprenticeships. | ||
(d) "Operation or management" means directing or carrying | ||
out the enterprise's affairs and is limited to any person who | ||
knowingly serves as a leader, organizer, operator, manager, | ||
director, supervisor, financier, advisor, recruiter, supplier, | ||
or enforcer of an enterprise in violation of this Article. | ||
(e) "Predicate activity" means any act that is a Class 2 | ||
felony or higher and constitutes a violation or violations of | ||
any of the following provisions of the laws of the State of | ||
Illinois (as amended or revised as of the date the activity | ||
occurred or, in the instance of a continuing offense, the date | ||
that charges under this Article are filed in a particular | ||
matter in the State of Illinois) or any act under the law of | ||
another jurisdiction for an offense that could be charged as a | ||
Class 2 felony or higher in this State: | ||
(1) under the Criminal Code of 1961 or the Criminal | ||
Code of 2012 : 8-1.2 (solicitation of murder for hire), 9-1 |
(first degree murder), 9-3.3 (drug-induced homicide), 10-1 | ||
(kidnapping), 10-2 (aggravated kidnapping), 10-3.1 | ||
(aggravated unlawful restraint), 10-4 (forcible | ||
detention), 10-5(b)(10) (child abduction), 10-9 | ||
(trafficking in persons, involuntary servitude, and | ||
related offenses), 11-1.20 (criminal sexual assault), | ||
11-1.30 (aggravated criminal sexual assault), 11-1.40 | ||
(predatory criminal sexual assault of a child), 11-1.60 | ||
(aggravated criminal sexual abuse), 11-6 (indecent | ||
solicitation of a child), 11-6.5 (indecent solicitation of | ||
an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting | ||
prostitution), 11-14.4 (promoting juvenile prostitution), | ||
11-18.1 (patronizing a minor engaged in prostitution; | ||
patronizing a juvenile prostitute), 12-3.05 (aggravated | ||
battery), 12-6.4 (criminal street gang recruitment), | ||
12-6.5 (compelling organization membership of persons), | ||
12-7.3 (stalking), 12-7.4 (aggravated stalking), 12-7.5 | ||
(cyberstalking), 12-11 or 19-6 (home invasion), 12-11.1 or | ||
18-6 (vehicular invasion), 18-1 (robbery ; aggravated | ||
robbery ), 18-2 (armed robbery), 18-3 (vehicular | ||
hijacking), 18-4 (aggravated vehicular hijacking), 18-5 | ||
(aggravated robbery), 19-1 (burglary), 19-3 (residential | ||
burglary), 20-1 (arson ; residential arson; place of | ||
worship arson ), 20-1.1 (aggravated arson), 20-1.2 | ||
(residential arson), 20-1.3 (place of worship arson), | ||
24-1.2 (aggravated discharge of a firearm), 24-1.2-5 |
(aggravated discharge of a machine gun or silencer equipped | ||
firearm), 24-1.8 (unlawful possession of a firearm by a | ||
street gang member), 24-3.2 (unlawful discharge of firearm | ||
projectiles), 24-3.9 (aggravated possession of a stolen | ||
firearm), 24-3A (gunrunning), 26-5 or 48-1 (dog-fighting), | ||
29D-14.9 (terrorism), 29D-15 (soliciting support for | ||
terrorism), 29D-15.1 (causing a catastrophe), 29D-15.2 | ||
(possession of a deadly substance), 29D-20 (making a | ||
terrorist threat), 29D-25 (falsely making a terrorist | ||
threat), 29D-29.9 (material support for terrorism), 29D-35 | ||
(hindering prosecution of terrorism), 31A-1.2 | ||
(unauthorized contraband in a penal institution), or 33A-3 | ||
(armed violence); | ||
(2) under the Cannabis Control Act: Sections 5 | ||
(manufacture or delivery of cannabis), 5.1 (cannabis | ||
trafficking), or 8 (production or possession of cannabis | ||
plants), provided the offense either involves more than 500 | ||
grams of any substance containing cannabis or involves more | ||
than 50 cannabis sativa plants; | ||
(3) under the Illinois Controlled Substances Act: | ||
Sections 401 (manufacture or delivery of a controlled | ||
substance), 401.1 (controlled substance trafficking), 405 | ||
(calculated criminal drug conspiracy), or 405.2 (street | ||
gang criminal drug conspiracy); or | ||
(4) under the Methamphetamine Control and Community | ||
Protection Act: Sections 15 (methamphetamine |
manufacturing), or 55 (methamphetamine delivery). | ||
(f) "Pattern of predicate activity" means: | ||
(1) at least 3 occurrences of predicate activity that | ||
are in some way related to each other and that have | ||
continuity between them, and that are separate acts. Acts | ||
are related to each other if they are not isolated events, | ||
including if they have similar purposes, or results, or | ||
participants, or victims, or are committed a similar way, | ||
or have other similar distinguishing characteristics, or | ||
are part of the affairs of the same enterprise. There is | ||
continuity between acts if they are ongoing over a | ||
substantial period, or if they are part of the regular way | ||
some entity does business or conducts its affairs; and | ||
(2) which occurs after the effective date of this | ||
Article, and the last of which falls within 3 years | ||
(excluding any period of imprisonment) after the first | ||
occurrence of predicate activity. | ||
(g) "Unlawful death" includes the following offenses: | ||
under the Criminal Code of 1961 or the Criminal Code of 2012 : | ||
Sections 9-1 (first degree murder) or 9-2 (second degree | ||
murder).
| ||
(Source: P.A. 97-686, eff. 6-11-12.)
| ||
(720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
| ||
Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used | ||
with the knowledge
and consent of the owner in the commission |
of, or in the attempt to commit as
defined in Section 8-4 of | ||
this Code, an offense prohibited by (a) Section 9-1,
9-3,
10-2, | ||
11-1.20, 11-1.30, 11-1.40, 11-6, 11-14.4 except for keeping a | ||
place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2, | ||
11-20.1, 11-20.1B, 11-20.3,
12-4.1, 12-4.2, 12-4.2-5, 12-4.3, | ||
12-4.6,
12-7.3, 12-7.4, 12-13, 12-14,
16-1 if the theft is of | ||
precious metal or of scrap metal, 18-2, 19-1, 19-2, 19-3, 20-1, | ||
20-2,
24-1.2,
24-1.2-5,
24-1.5, 28-1, or 29D-15.2 of this Code, | ||
subdivision (a)(1), (a)(2), (a)(4), (b)(1), (e)(1), (e)(2), | ||
(e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05,
| ||
paragraph (a) of Section 12-4 of this Code, paragraph (a) of | ||
Section 11-1.50,
paragraph (a) of Section 12-15, paragraph (a), | ||
(c), or (d) of Section 11-1.60, or paragraphs (a), (c) or (d) | ||
of Section
12-16 of this Code, or paragraph (a)(6) or (a)(7) of | ||
Section
24-1 of this Code;
(b) Section 21, 22, 23, 24 or 26 of | ||
the Cigarette Tax
Act if the vessel, vehicle or aircraft | ||
contains more than 10 cartons of
such cigarettes; (c) Section | ||
28, 29 or 30 of the Cigarette Use Tax Act if
the vessel, | ||
vehicle or aircraft contains more than 10 cartons of such
| ||
cigarettes; (d) Section 44 of the Environmental Protection Act; | ||
(e)
11-204.1
of the Illinois Vehicle Code; (f)
(1) driving | ||
under the influence of alcohol or other drug or drugs, | ||
intoxicating compound or compounds or any
combination thereof | ||
under Section 11-501 of the Illinois Vehicle Code during a | ||
period in which his
or her driving privileges are revoked or | ||
suspended where
the revocation or suspension was for driving |
under the influence of alcohol or other drug or drugs, | ||
intoxicating compound or compounds or any
combination thereof, | ||
Section 11-501.1, paragraph (b) of Section
11-401, or for | ||
reckless homicide as defined in Section 9-3
of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 ; (2)
driving while | ||
under the influence of alcohol, other drug or drugs, | ||
intoxicating compound or compounds or any combination thereof | ||
and has been previously convicted of reckless homicide or a | ||
similar provision of a law of another state relating to | ||
reckless homicide in which the person was determined to have | ||
been under the influence of alcohol, other drug or drugs, or | ||
intoxicating compound or compounds as an element of the offense | ||
or the person has previously been convicted of committing a | ||
violation of
driving under the influence of alcohol or other | ||
drug or drugs, intoxicating compound or compounds or any
| ||
combination thereof and was involved in a motor vehicle | ||
accident that resulted in death, great bodily harm, or | ||
permanent disability or disfigurement to another, when the | ||
violation was a proximate cause of the death or injuries; (3) | ||
the person committed a violation of driving under the influence | ||
of alcohol or other drug or drugs, intoxicating compound or | ||
compounds or any
combination thereof under Section 11-501 of | ||
the Illinois Vehicle Code or a similar provision for the third | ||
or subsequent
time; (4) the person committed the violation | ||
while he
or she did not possess a driver's license or permit or | ||
a restricted driving permit or a judicial driving permit or a |
monitoring device driving permit; or (5) the person committed | ||
the violation while he or she knew or should have known that | ||
the vehicle he or she was driving was not covered by a | ||
liability insurance policy; (g) an offense described in | ||
subsection (g) of Section 6-303 of the
Illinois Vehicle Code; | ||
or (h) an offense described in subsection (e) of
Section 6-101 | ||
of the Illinois Vehicle Code;
may be
seized and delivered | ||
forthwith to the sheriff of the county of seizure.
| ||
Within 15 days after such delivery the sheriff shall give | ||
notice of seizure
to each person according to the following | ||
method: Upon each such person
whose right, title or interest is | ||
of record in the office of the Secretary
of State, the | ||
Secretary of Transportation, the Administrator of the Federal
| ||
Aviation Agency, or any other Department of this State, or any | ||
other state
of the United States if such vessel, vehicle or | ||
aircraft is required to be
so registered, as the case may be, | ||
by mailing a copy of the notice by
certified mail to the | ||
address as given upon the records of the Secretary of
State, | ||
the Department of Aeronautics, Department of Public Works and
| ||
Buildings or any other Department of this State or the United | ||
States if
such vessel, vehicle or aircraft is required to be so | ||
registered. Within
that 15 day period the sheriff shall also | ||
notify the State's Attorney of
the county of seizure about the | ||
seizure.
| ||
In addition, any mobile or portable equipment used in the | ||
commission of an
act which is in violation of Section 7g of the |
Metropolitan Water Reclamation
District Act shall be subject to | ||
seizure and forfeiture under the same
procedures provided in | ||
this Article for the seizure and forfeiture of vessels,
| ||
vehicles and aircraft, and any such equipment shall be deemed a | ||
vessel, vehicle
or aircraft for purposes of this Article.
| ||
When a person discharges a firearm at another individual | ||
from a vehicle with
the knowledge and consent of the owner of | ||
the vehicle and with the intent to
cause death or great bodily | ||
harm to that individual and as a result causes
death or great | ||
bodily harm to that individual, the vehicle shall be subject to
| ||
seizure and forfeiture under the same procedures provided in | ||
this Article for
the seizure and forfeiture of vehicles used in | ||
violations of clauses (a), (b),
(c), or (d) of this Section.
| ||
If the spouse of the owner of a vehicle seized for
an | ||
offense described in subsection (g) of Section 6-303 of the
| ||
Illinois Vehicle Code,
a violation of
subdivision (d)(1)(A), | ||
(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I)
of Section | ||
11-501 of the Illinois Vehicle
Code, or Section 9-3 of this
| ||
Code makes a showing
that the seized vehicle is the only source | ||
of transportation and it is
determined that the financial | ||
hardship to the family as a result of the seizure
outweighs the | ||
benefit to the State from the seizure, the vehicle may be
| ||
forfeited to the spouse or family member and the title to the | ||
vehicle shall be
transferred to the spouse or family member who | ||
is properly licensed and who
requires the use of the vehicle | ||
for employment or family transportation
purposes. A written |
declaration of forfeiture of a vehicle under this
Section shall | ||
be sufficient cause for the title to be transferred to the | ||
spouse
or family member. The provisions of this paragraph shall | ||
apply only to one
forfeiture per vehicle. If the vehicle is the | ||
subject of a subsequent
forfeiture proceeding by virtue of a | ||
subsequent conviction of either spouse or
the family member, | ||
the spouse or family member to whom the vehicle was
forfeited | ||
under the first forfeiture proceeding may not utilize the
| ||
provisions of this paragraph in another forfeiture proceeding. | ||
If the owner of
the vehicle seized owns more than one vehicle,
| ||
the procedure set out in this paragraph may be used for only | ||
one vehicle.
| ||
Property declared contraband under Section 40 of the | ||
Illinois Streetgang
Terrorism Omnibus Prevention Act may be | ||
seized and forfeited under this
Article.
| ||
(Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10; | ||
96-1000, eff. 7-2-10; 96-1267, eff. 7-26-10; 96-1289, eff. | ||
1-1-11; 96-1551, Article 1, Section 960, eff. 7-1-11; 96-1551, | ||
Article 2, Section 1035, eff. 7-1-11; 97-333, eff. 8-12-11; | ||
97-1109, eff. 1-1-13.)
| ||
(720 ILCS 5/37-1) (from Ch. 38, par. 37-1)
| ||
Sec. 37-1. Maintaining Public Nuisance. Any building used | ||
in the commission of offenses prohibited by Sections
9-1, 10-1, | ||
10-2, 11-14, 11-15, 11-16, 11-17, 11-20, 11-20.1, 11-20.1B, | ||
11-20.3, 11-21, 11-22,
12-5.1, 16-1, 20-2, 23-1, 23-1(a)(1), |
24-1(a)(7), 24-3, 28-1, 28-3, 31-5 or
39A-1, or subdivision | ||
(a)(1), (a)(2)(A), or (a)(2)(B) of Section 11-14.3, of this the | ||
Criminal Code of
1961 , or
prohibited by the Illinois Controlled | ||
Substances Act, the Methamphetamine Control and Community | ||
Protection Act, or the Cannabis
Control Act, or used in the | ||
commission of an inchoate offense
relative to any of the | ||
aforesaid principal offenses, or any real property
erected, | ||
established, maintained, owned, leased, or used by a streetgang | ||
for
the purpose of conducting streetgang related activity as | ||
defined in Section 10
of the Illinois Streetgang Terrorism | ||
Omnibus Prevention Act is a public
nuisance.
| ||
(b) Sentence. A person convicted of knowingly maintaining | ||
such a public
nuisance commits a Class A misdemeanor. Each | ||
subsequent offense under this
Section is a Class 4 felony.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
(720 ILCS 5/48-8) | ||
Sec. 48-8. Service animal Guide dog access. | ||
(a) When a blind, hearing impaired or physically | ||
handicapped
person with a physical, mental, or intellectual | ||
disability requiring the use of a service animal or a person | ||
who is subject to epilepsy or other seizure disorders is
| ||
accompanied by a service animal a dog which serves as a guide, | ||
leader, seizure-alert, or
seizure-response dog for the person | ||
or when a trainer of a service animal guide, leader,
| ||
seizure-alert, or seizure-response dog is accompanied by a |
service animal guide, leader,
seizure-alert, or | ||
seizure-response dog or a dog that is being trained to be a
| ||
guide, leader, seizure-alert, or seizure-response dog , neither | ||
the person nor
the service animal dog shall be denied the right | ||
of entry and use of facilities of any public
place of | ||
accommodation as defined in Section 5-101 of the Illinois Human
| ||
Rights Act , if the dog is wearing a harness and the person | ||
presents
credentials for inspection issued by a school for | ||
training guide, leader,
seizure-alert, or seizure-response | ||
dogs . | ||
For the purposes of this Section, "service animal" means a | ||
dog or miniature horse trained or being trained as a hearing | ||
animal, a guide animal, an assistance animal, a seizure alert | ||
animal, a mobility animal, a psychiatric service animal, an | ||
autism service animal, or an animal trained for any other | ||
physical, mental, or intellectual disability. "Service animal" | ||
includes a miniature horse that a public
place of accommodation | ||
shall make reasonable accommodation so long as the public
place | ||
of accommodation takes into consideration: (1) the type, size, | ||
and weight of the miniature horse and whether the facility can | ||
accommodate its features; (2) whether the handler has | ||
sufficient control of the miniature horse; (3) whether the | ||
miniature horse is housebroken; and (4) whether the miniature | ||
horse's presence in the facility compromises legitimate safety | ||
requirements necessary for operation. | ||
(b) A person who knowingly violates this Section commits a |
Class C misdemeanor.
| ||
(Source: P.A. 97-1108, eff. 1-1-13; incorporates 97-956, eff. | ||
8-14-12; revised 10-3-12.) | ||
(720 ILCS 5/Art. 16C rep.) | ||
(720 ILCS 5/Art. 16D rep.) | ||
(720 ILCS 5/Art. 17B rep.) | ||
Section 610. The Criminal Code of 2012 is amended by | ||
repealing Articles 16C, 16D, and 17B. | ||
Section 620. The Cannabis Control Act is amended by | ||
changing Section 10 as follows:
| ||
(720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
| ||
Sec. 10. (a)
Whenever any person who has not previously | ||
been convicted of, or placed
on probation or court supervision | ||
for, any offense under this Act or any
law of the United States | ||
or of any State relating to cannabis, or controlled
substances | ||
as defined in the Illinois Controlled Substances Act, pleads
| ||
guilty to or is found guilty of violating Sections 4(a), 4(b), | ||
4(c),
5(a), 5(b), 5(c) or 8 of this Act, the court may, without | ||
entering a
judgment and with the consent of such person, | ||
sentence him 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 possession of 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, provided 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:
| ||
(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 for drug
addiction or alcoholism;
| ||
(5) attend or reside in a facility established for the | ||
instruction or
residence of defendants on probation;
| ||
(6) support his dependents;
|
(7) refrain from possessing a firearm or other | ||
dangerous weapon;
| ||
(7-5) refrain from having in his or her body the | ||
presence of any illicit
drug prohibited by the Cannabis | ||
Control Act, 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;
| ||
(8) and in addition, if a minor:
| ||
(i) reside with his parents or in a foster home;
| ||
(ii) attend school;
| ||
(iii) attend a non-residential program for youth;
| ||
(iv) contribute to his 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 such person and dismiss
| ||
the proceedings against him.
| ||
(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 | ||
disqualification or disabilities imposed by law upon |
conviction of
a crime (including the additional penalty imposed | ||
for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) | ||
of this Act).
| ||
(h) Discharge and dismissal under this Section,
Section 410 | ||
of the Illinois Controlled Substances Act, Section 70 of the | ||
Methamphetamine Control and Community Protection Act, Section | ||
5-6-3.3 of the Unified Code of Corrections, or subsection (c) | ||
of Section 11-14 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 may occur only once
with respect to any person.
| ||
(i) If a person is convicted of an offense under this Act, | ||
the Illinois
Controlled Substances Act, or the Methamphetamine | ||
Control and Community Protection Act within 5 years
subsequent | ||
to a discharge and dismissal under this Section, the discharge | ||
and
dismissal under this Section shall be admissible in the | ||
sentencing proceeding
for that conviction
as a factor in | ||
aggravation.
| ||
(Source: P.A. 97-1118, eff. 1-1-13.)
| ||
Section 625. The Illinois Controlled Substances Act is | ||
amended by changing Section 410 as follows:
| ||
(720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
| ||
Sec. 410. (a) Whenever any person who has not previously | ||
been convicted
of, or placed on probation or court supervision | ||
for any offense under this
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 a | ||
controlled or counterfeit substance under subsection (c) of | ||
Section
402 or of unauthorized possession of prescription form | ||
under Section 406.2, the court, without entering a judgment and | ||
with the consent of such
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, provided 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:
| ||
(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;
| ||
(6-5) refrain from having in his or her body the | ||
presence of any illicit
drug prohibited by the Cannabis | ||
Control Act, 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;
| ||
(7) and in addition, 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;
| ||
(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 him or her.
| ||
(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 10 of the Cannabis Control Act, Section | ||
70 of the Methamphetamine Control and Community Protection Act, | ||
Section 5-6-3.3 of the Unified Code of Corrections, or | ||
subsection (c) of Section 11-14 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 with respect to any person.
| ||
(i) If a person is convicted of an offense under this Act, | ||
the Cannabis
Control Act, or the Methamphetamine Control and | ||
Community Protection Act within 5 years
subsequent to a | ||
discharge and dismissal under this Section, the discharge and
| ||
dismissal under this Section shall be admissible in the | ||
sentencing proceeding
for that conviction
as evidence in | ||
aggravation.
| ||
(Source: P.A. 97-334, eff. 1-1-12; 97-1118, eff. 1-1-13.)
| ||
Section 630. The Methamphetamine Control and Community |
Protection Act is amended by changing Section 70 as follows: | ||
(720 ILCS 646/70)
| ||
Sec. 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, Section 10 of the Cannabis Control Act, Section 5-6-3.3 of | ||
the Unified Code of Corrections, or subsection (c) of Section | ||
11-14 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||
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.
| ||
(Source: P.A. 97-1118, eff. 1-1-13.) | ||
Section 635. The Code of Criminal Procedure of 1963 is | ||
amended by changing Sections 102-2, 103-2.1, 103-8, 108-4, | ||
108-12, 108B-3, 108B-7.5, 108B-8, 109-3, 110-2, 110-4, 110-5, | ||
110-5.1, 110-6, 110-6.3, 110-7, 110-10, 110-12, 111-1, 111-2, | ||
111-3, 111-4, 111-8, 112A-3, 112A-11.1, 112A-11.2, 112A-14, | ||
112A-16, 112A-23, 112A-26, 112A-30, 114-1, 114-4, 114-11, | ||
114-12, 115-3, 115-4, 115-6, 115-7, 115-7.2, 115-7.3, 115-10, | ||
115-10.2a, 115-10.3, 115-10.6, 115-11, 115-11.1, 115-13, | ||
115-15, 115-16, 115-17b, 116-2.1, 116-4, 124B-10, 124B-100, | ||
124B-300, 124B-405, 124B-415, 124B-420, 124B-500, 124B-600, | ||
124B-610, 124B-700, 124B-710, 124B-800, 124B-905, and | ||
124B-1000 as follows:
| ||
(725 ILCS 5/102-2) (from Ch. 38, par. 102-2)
| ||
Sec. 102-2. Reference to criminal code for words and | ||
phrases not described.
| ||
A word or phrase not described in this Code but which is | ||
described in
Article 2 of the " Criminal Code of 2012 1961", |
approved July 28, 1961, as
heretofore and hereafter amended, | ||
shall have the meaning therein
described, except when a | ||
particular context in this Code clearly requires a
different | ||
meaning.
| ||
(Source: Laws 1963, p. 2836.)
| ||
(725 ILCS 5/103-2.1)
| ||
Sec. 103-2.1. When statements by accused may be used.
| ||
(a) In this Section, "custodial interrogation" means any | ||
interrogation
during which (i) a reasonable person in the | ||
subject's position would consider
himself or herself to be in | ||
custody and (ii) during which
a question is asked that is | ||
reasonably likely to elicit an incriminating
response.
| ||
In this Section, "place of detention" means a building or a | ||
police station
that is a place of operation for a municipal | ||
police department or county
sheriff department or other law | ||
enforcement agency, not a courthouse, that
is owned or operated | ||
by a
law enforcement agency at which persons are or may be held | ||
in detention in
connection with criminal charges against those | ||
persons.
| ||
In this Section, "electronic recording" includes motion | ||
picture,
audiotape, or videotape, or digital recording.
| ||
(b) An oral, written, or sign language statement of an | ||
accused made as a
result of a
custodial
interrogation at a | ||
police station or other place of detention shall be presumed
to | ||
be inadmissible as
evidence against the
accused in any
criminal
|
proceeding brought under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, | ||
9-3.2, or 9-3.3
of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 or under clause (d)(1)(F) of Section 11-501 of the | ||
Illinois Vehicle Code
unless:
| ||
(1) an electronic recording
is made of the custodial | ||
interrogation; and
| ||
(2) the recording is substantially accurate and not | ||
intentionally altered.
| ||
(c) Every electronic recording required under this Section
| ||
must be preserved
until such time as the
defendant's conviction
| ||
for any
offense relating to the statement is final and all | ||
direct and habeas corpus
appeals are
exhausted,
or the | ||
prosecution of such offenses is barred by law.
| ||
(d) If the court finds, by a preponderance of the evidence, | ||
that the
defendant
was
subjected to a custodial interrogation | ||
in violation of this Section, then any
statements made
by the
| ||
defendant during or following that non-recorded custodial | ||
interrogation, even
if
otherwise in compliance with this | ||
Section, are presumed to be inadmissible in
any criminal
| ||
proceeding against the defendant except for the purposes of | ||
impeachment.
| ||
(e) Nothing in this Section precludes the admission (i) of | ||
a statement made
by the
accused in open court at his or her | ||
trial, before a grand jury, or at
a preliminary hearing, (ii)
| ||
of a
statement made during a
custodial interrogation that was | ||
not recorded as required by
this
Section, because electronic |
recording was not feasible, (iii) of a
voluntary
statement,
| ||
whether or not the result of a custodial interrogation, that | ||
has a bearing on
the
credibility of the accused as a witness,
| ||
(iv) of a spontaneous statement that is
not made in response to | ||
a question,
(v) of a statement made after questioning that is | ||
routinely
asked during the processing of the arrest of the | ||
suspect, (vi) of a statement
made
during a custodial | ||
interrogation by a suspect who requests, prior to making the
| ||
statement, to respond to the
interrogator's questions only if
| ||
an electronic recording is not made of the statement, provided | ||
that an
electronic
recording is made of the statement of | ||
agreeing to respond to
the interrogator's question, only if a | ||
recording is not made of the statement,
(vii) of a
statement | ||
made
during a custodial
interrogation that is conducted | ||
out-of-state, (viii)
of a statement
given at a time when the | ||
interrogators are unaware that a death has in fact
occurred, or | ||
(ix) of any other
statement that may be
admissible under law. | ||
The State shall bear the burden of proving, by a
preponderance | ||
of the evidence, that one of the exceptions described in this
| ||
subsection (e) is
applicable.
Nothing in
this Section precludes | ||
the admission of a statement, otherwise inadmissible
under
this | ||
Section, that is used only for impeachment and not as | ||
substantive
evidence.
| ||
(f) The presumption of inadmissibility of a statement made | ||
by a suspect at
a custodial interrogation at a police station | ||
or other place of detention may
be overcome by a preponderance |
of the evidence
that
the statement was voluntarily given and is | ||
reliable, based on the totality of
the
circumstances.
| ||
(g) Any electronic recording of any statement made by an | ||
accused during a
custodial interrogation that is compiled by | ||
any law enforcement agency as
required by this Section for the | ||
purposes of fulfilling the requirements of
this
Section shall | ||
be confidential and exempt from public inspection and copying, | ||
as
provided under Section 7 of the Freedom of Information Act, | ||
and the information
shall not be transmitted to anyone except | ||
as needed to comply with this
Section.
| ||
(Source: P.A. 93-206, eff. 7-18-05; 93-517, eff. 8-6-05; | ||
94-117, eff. 7-5-05.)
| ||
(725 ILCS 5/103-8) (from Ch. 38, par. 103-8)
| ||
Sec. 103-8. Mandatory duty of officers.
| ||
Any peace officer who intentionally prevents the exercise | ||
by an accused
of any right conferred by this Article or who | ||
intentionally fails to
perform any act required of him by this | ||
Article shall be guilty of official
misconduct and may be | ||
punished in accordance with Section 33-3 of the
" Criminal Code | ||
of 2012 1961" approved July 28, 1961, as heretofore and | ||
hereafter
amended .
| ||
(Source: Laws 1963, p. 2836.)
| ||
(725 ILCS 5/108-4) (from Ch. 38, par. 108-4)
| ||
Sec. 108-4. Issuance of search warrant.
|
(a) All warrants upon written complaint shall state the | ||
time
and date of issuance and be the warrants of the judge | ||
issuing the same and
not the warrants of the court in which he | ||
is then sitting and such warrants
need not bear the seal of the | ||
court or clerk thereof. The complaint on
which the warrant is | ||
issued need not be filed with the clerk of the court
nor with | ||
the court if there is no clerk until the warrant has been | ||
executed
or has been returned "not executed".
| ||
The search warrant upon written complaint may be issued | ||
electronically or
electromagnetically
by use of a facsimile | ||
transmission machine and any such warrant shall have
the same | ||
validity as a written search warrant.
| ||
(b) Warrant upon oral testimony.
| ||
(1) General rule. When the offense in connection with
| ||
which a search warrant is sought constitutes terrorism or | ||
any related offense
as defined in Article 29D of the | ||
Criminal Code of 2012 1961 , and if the
circumstances make | ||
it reasonable to dispense, in whole or in part, with a
| ||
written affidavit, a judge may issue a warrant based upon | ||
sworn testimony
communicated by telephone or other | ||
appropriate means, including facsimile
transmission.
| ||
(2) Application. The person who is requesting the | ||
warrant shall prepare a
document to be known as a duplicate | ||
original warrant and shall read such
duplicate original | ||
warrant, verbatim, to the judge. The judge shall enter,
| ||
verbatim, what is so read to the judge on a document to be |
known
as the original warrant. The judge may direct that | ||
the warrant be modified.
| ||
(3) Issuance. If the judge is satisfied that the
| ||
offense in connection with which the search warrant is | ||
sought constitutes
terrorism or any related offense as | ||
defined in Article 29D of the Criminal Code
of 2012 1961 , | ||
that the circumstances are such as to make it reasonable to | ||
dispense
with a written affidavit, and that grounds for the | ||
application exist or that
there is probable cause to | ||
believe that they exist, the judge shall order the
issuance | ||
of a warrant by directing the person requesting the warrant | ||
to sign
the judge's name on the duplicate original warrant. | ||
The judge shall immediately
sign the original warrant and | ||
enter on the face of the original warrant the
exact time | ||
when the warrant was ordered to be issued. The finding of | ||
probable
cause for a warrant upon oral testimony may be | ||
based on the same kind of
evidence as is sufficient for a | ||
warrant upon affidavit.
| ||
(4) Recording and certification of testimony. When a
| ||
caller informs the judge that the purpose of the call is to | ||
request a warrant,
the judge shall immediately place under | ||
oath each person whose testimony forms
a basis of the | ||
application and each person applying for that warrant. If a
| ||
voice recording device is available, the judge shall record | ||
by means of the
device all of the call after the caller | ||
informs the judge that the purpose of
the call is to |
request a warrant, otherwise a stenographic or longhand | ||
verbatim
record shall be made. If a voice recording device | ||
is used or a stenographic
record made, the judge shall have | ||
the record transcribed, shall certify the
accuracy of the | ||
transcription, and shall file a copy of the original record | ||
and
the transcription with the court. If a longhand | ||
verbatim record is made, the
judge shall file a signed copy | ||
with the court.
| ||
(5) Contents. The contents of a warrant upon oral
| ||
testimony shall be the same as the contents of a warrant | ||
upon affidavit.
| ||
(6) Additional rule for execution. The person who
| ||
executes the warrant shall enter the exact time of | ||
execution on the face of the
duplicate original warrant.
| ||
(7) Motion to suppress based on failure to obtain a | ||
written affidavit.
Evidence obtained pursuant to a warrant | ||
issued under this subsection (b) is not
subject to a motion | ||
to suppress on the ground that the circumstances were not
| ||
such as to make it reasonable to dispense with a written | ||
affidavit, absent a
finding of bad faith. All other grounds | ||
to move to suppress are preserved.
| ||
(8) This subsection (b) is inoperative on and after | ||
January 1, 2005.
| ||
(9) No evidence obtained pursuant to this subsection | ||
(b) shall be
inadmissible in a court of law by virtue of | ||
subdivision (8).
|
(Source: P.A. 95-331, eff. 8-21-07.)
| ||
(725 ILCS 5/108-12) (from Ch. 38, par. 108-12)
| ||
Sec. 108-12. Disposition of obscene material. In the case | ||
of any material
seized which is alleged to have been possessed | ||
or used or intended to be
used contrary to, or is evidence of a | ||
violation of, Section 11-20 of the
" Criminal Code of 1961 or | ||
the Criminal Code of 2012 ", approved July 28, 1961, as | ||
heretofore and hereafter
amended , the court before which the | ||
material is
returned shall, upon written request of any person | ||
from whom the material
was seized or any person claiming | ||
ownership or other right to possession
of such material, enter | ||
an order providing for a hearing to determine the
obscene | ||
nature thereof not more than 10 days after such return. If the | ||
material
is determined to be obscene it shall be held pending | ||
further proceedings
as provided by Section 108-11 of this Code. | ||
If
the material is determined not to be obscene it shall be | ||
returned to the
person from whom or place from which it was | ||
seized, or to the person
claiming ownership or other right to | ||
possession of such material; provided
that enough of the record | ||
material may be retained by the State for
purposes of appellate | ||
proceedings. The decision of the court upon this
hearing shall | ||
not be admissible as evidence in any other proceeding nor
shall | ||
it be res judicata of any question in any other proceeding.
| ||
(Source: P.A. 83-334.)
|
(725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3) | ||
Sec. 108B-3. Authorization for the interception of private
| ||
communication. | ||
(a) The State's Attorney, or a person
designated in writing | ||
or
by law to act for him and to perform his duties during his | ||
absence or
disability, may authorize, in writing, an ex parte | ||
application to the chief
judge of a court of competent | ||
jurisdiction for an order authorizing the
interception of a | ||
private communication when no
party has consented to
the | ||
interception and (i) the interception may provide evidence of, | ||
or may
assist in the apprehension of a person who has | ||
committed, is committing or
is about to commit, a violation of | ||
Section 8-1(b) (solicitation of murder),
8-1.2 (solicitation | ||
of murder for hire), 9-1 (first degree murder), 10-9 | ||
(involuntary servitude, involuntary sexual servitude of a | ||
minor, or trafficking in persons), paragraph (1), (2), or (3) | ||
of subsection (a) of Section 11-14.4 (promoting juvenile | ||
prostitution), subdivision (a)(2)(A) or (a)(2)(B) of Section | ||
11-14.3 (promoting prostitution), 11-15.1 (soliciting for a | ||
minor engaged in prostitution), 11-16 (pandering), 11-17.1 | ||
(keeping a place of juvenile prostitution), 11-18.1 | ||
(patronizing a minor engaged in prostitution), 11-19.1 | ||
(juvenile pimping and aggravated juvenile pimping), or 29B-1
| ||
(money laundering) of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 ,
Section 401, 401.1 (controlled substance
| ||
trafficking), 405, 405.1 (criminal drug conspiracy) or 407 of |
the Illinois
Controlled Substances Act or any Section of the | ||
Methamphetamine Control and Community Protection Act, a | ||
violation of Section 24-2.1, 24-2.2,
24-3,
24-3.1, 24-3.3, | ||
24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6),
| ||
24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the | ||
Criminal Code of 1961 or the Criminal Code of 2012
or | ||
conspiracy to commit money laundering or
conspiracy to commit | ||
first degree murder; (ii)
in response to a clear and present | ||
danger of imminent death or great bodily
harm to persons | ||
resulting from: (1) a kidnapping or the holding of a
hostage by | ||
force or the threat of the imminent use of force; or (2) the
| ||
occupation by force or the threat of the imminent use of force | ||
of any
premises, place, vehicle, vessel or aircraft; (iii) to | ||
aid an investigation
or prosecution of a civil action brought | ||
under the Illinois Streetgang
Terrorism Omnibus Prevention Act | ||
when there is probable cause to
believe the
interception of the | ||
private communication will
provide evidence that a
streetgang | ||
is committing, has committed, or will commit a second or | ||
subsequent
gang-related offense or that the interception of the | ||
private
communication
will aid in the collection of a judgment | ||
entered under that Act; or (iv)
upon
information and belief | ||
that a streetgang has committed, is committing, or is
about to | ||
commit a felony. | ||
(b) The State's Attorney or a person designated in writing | ||
or by law to
act for the State's Attorney and to perform his or | ||
her duties during his or her
absence or disability, may |
authorize, in writing, an ex parte application to
the chief | ||
judge of a circuit court for an order authorizing
the | ||
interception of a private communication when no
party has | ||
consented to the interception and the interception may provide
| ||
evidence of, or may assist in the apprehension of a person who | ||
has committed,
is committing or is about to commit, a violation | ||
of an offense under Article
29D of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 . | ||
(b-1) Subsection (b) is inoperative on and after January 1, | ||
2005. | ||
(b-2) No conversations recorded or monitored pursuant to | ||
subsection (b)
shall be made inadmissible in a court of law by | ||
virtue of subsection (b-1). | ||
(c) As used in this Section, "streetgang" and | ||
"gang-related" have the
meanings ascribed to them in Section 10 | ||
of the Illinois Streetgang Terrorism
Omnibus Prevention Act. | ||
(Source: P.A. 96-710, eff. 1-1-10; 96-1464, eff. 8-20-10; | ||
97-897, eff. 1-1-13.)
| ||
(725 ILCS 5/108B-7.5)
| ||
Sec. 108B-7.5. Applicability.
| ||
(a) The requirements of
subdivisions (a)(3)(iv) and | ||
(a)(3)(v) of Section 108B-4, subdivision (1)(b) of
Section | ||
108B-5, and subdivision (a)(3) of Section 108B-7 of this | ||
Article
relating to the specification of
the facilities from | ||
which, or the place where, the communication is to be
|
intercepted do not apply if:
| ||
(1) in the case of an application with respect to the | ||
interception of an
oral communication:
| ||
(A) the application is by the State's Attorney, or | ||
a person
designated in writing or by law to act for the | ||
State's Attorney and to perform
his or her duties
| ||
during his or her absence or disability;
| ||
(B) the application contains a full and complete | ||
statement as to
why such specification is not practical | ||
and identifies the person
committing the offense and | ||
whose communications are to be
intercepted;
| ||
(C) the judge finds that such specification is not | ||
practical; and
| ||
(D) the order sought is in connection with an | ||
investigation of a
violation of
Article 29D of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 .
| ||
(2) in the case of an application with respect to a | ||
wire or electronic
communication:
| ||
(A) the application is by the State's Attorney, or | ||
a person designated
in writing or by law to act for the | ||
State's Attorney and to perform his or her
duties | ||
during his or her absence or disability;
| ||
(B) the application identifies the person believed | ||
to be committing the
offense and whose communications | ||
are to be intercepted and the applicant makes
a showing | ||
that there is probable cause to believe that the |
person's actions
could have the effect of thwarting | ||
interception from a specified facility;
| ||
(C) the judge finds that such showing has been | ||
adequately made;
| ||
(D) the order authorizing or approving the | ||
interception is limited to
interception only for such | ||
time as it is reasonable to presume that the person
| ||
identified in the application is or was reasonably | ||
proximate to the instrument
through which such | ||
communication will be or was transmitted; and
| ||
(E) the order sought is in connection with an | ||
investigation of a
violation of Article 29D of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 .
| ||
(b) An interception of a communication under an order with | ||
respect to which
the requirements of
subdivisions (a)(3)(iv) | ||
and (a)(3)(v) of Section 108B-4, subdivision (1)(b) of
Section | ||
108B-5, and subdivision (a)(3) of Section 108B-7 of this | ||
Article do
not apply by reason of this Section
shall not begin | ||
until the place where the communication is to be intercepted is
| ||
ascertained by the person implementing the interception order. | ||
A provider of
wire or electronic communications service that | ||
has received an order as
provided for in subdivision (a)(2) may | ||
upon notice to the People move the court
to modify or quash the
| ||
order on the ground that its assistance with respect to the | ||
interception cannot
be performed in a timely or reasonable | ||
fashion. The court
shall decide such a motion expeditiously.
|
(Source: P.A. 92-854, eff. 12-5-02.)
| ||
(725 ILCS 5/108B-8) (from Ch. 38, par. 108B-8)
| ||
Sec. 108B-8. Emergency use of eavesdropping device.
| ||
(a) Whenever,
upon informal application by the State's | ||
Attorney,
a chief judge of competent jurisdiction determines | ||
that:
| ||
(1) there may be grounds upon which an order could be | ||
issued under this
Article;
| ||
(2) there is probable cause to believe that an | ||
emergency situation exists
with respect to the | ||
investigation of an offense enumerated in Section 108B-3;
| ||
and
| ||
(3) there is probable cause to believe that a | ||
substantial danger to life
or limb exists justifying the | ||
authorization for immediate interception of
a private | ||
communication before formal application
for an order could | ||
with
due diligence be submitted to him and acted upon;
the | ||
chief judge may grant oral approval for an interception, | ||
without an order,
conditioned upon the filing with him, | ||
within 48 hours, of an application
for an order under | ||
Section 108B-4 which shall also recite the oral approval
| ||
under this Section and be retroactive to the time
of the | ||
oral approval.
| ||
(b) Interception under oral approval under this Section | ||
shall immediately
terminate when the communication sought is |
obtained or when the application
for an order is denied, | ||
whichever is earlier.
| ||
(c) In the event no formal application for an order is | ||
subsequently made
under this Section,
the content of any | ||
private communication
intercepted under oral approval
under | ||
this Section shall be treated as having been obtained in | ||
violation
of this Article.
| ||
(d) In the event no application for an order is made under | ||
this Section
or an application made under this Section is | ||
subsequently denied, the judge
shall cause an
inventory to be | ||
served under Section 108B-11 of this Article and shall require
| ||
the tape or other recording of the intercepted communication to | ||
be delivered
to, and sealed by, the judge. The evidence shall | ||
be retained by the court,
and it shall not be used or disclosed | ||
in any legal proceeding, except a
civil action brought by an | ||
aggrieved person under Section 14-6 of the Criminal
Code of | ||
1961 or the Criminal Code of 2012 , or as otherwise authorized | ||
by the order of a court of competent
jurisdiction. In addition | ||
to other remedies or penalties provided by law,
failure to | ||
deliver any tape or other recording to the chief judge shall be
| ||
punishable
as contempt by the judge directing the delivery.
| ||
(Source: P.A. 92-854, eff. 12-5-02.)
| ||
(725 ILCS 5/109-3) (from Ch. 38, par. 109-3)
| ||
Sec. 109-3.
Preliminary examination.)
(a) The judge shall | ||
hold the defendant to answer to the court having
jurisdiction |
of the offense if from the evidence it appears there is
| ||
probable cause to believe an offense has been committed by the
| ||
defendant, as provided in Section 109-3.1 of this Code, if the | ||
offense is a felony.
| ||
(b) If the defendant waives preliminary examination the | ||
judge shall hold
him to answer and may, or on the demand of the | ||
prosecuting attorney shall,
cause the witnesses for the State | ||
to be examined. After hearing the
testimony if it appears that | ||
there is not probable cause to believe the
defendant guilty of | ||
any offense the judge shall discharge him.
| ||
(c) During the examination of any witness or when the | ||
defendant is
making a statement or testifying the judge may and | ||
on the request of the
defendant or State shall exclude all | ||
other witnesses. He may also cause the
witnesses to be kept | ||
separate and to be prevented from communicating with
each other | ||
until all are examined.
| ||
(d) If the defendant is held to answer the judge may | ||
require any
material witness for the State or defendant to | ||
enter into a written
undertaking to appear at the trial, and | ||
may provide for the forfeiture of a
sum certain in the event | ||
the witness does not appear at the trial. Any
witness who | ||
refuses to execute a recognizance may be committed by the judge
| ||
to the custody of the sheriff until trial or further order of | ||
the court
having jurisdiction of the cause. Any witness who | ||
executes a recognizance
and fails to comply with its terms | ||
shall, in addition to any forfeiture
provided in the |
recognizance, be subject to the penalty provided in Section
| ||
32-10 of the " Criminal Code of 2012 1961", approved July 28, | ||
1961, as
heretofore and hereafter amended, for violation of | ||
bail bond.
| ||
(e) During preliminary hearing or examination the | ||
defendant may move for
an order of suppression of evidence | ||
pursuant to Section 114-11 or 114-12
of this Act or for other | ||
reasons, and may move for dismissal of the charge
pursuant to | ||
Section 114-1 of this Act or for other reasons.
| ||
(Source: P.A. 83-644.)
| ||
(725 ILCS 5/110-2) (from Ch. 38, par. 110-2)
| ||
Sec. 110-2. Release on own recognizance. When from all the | ||
circumstances the court is of the opinion that the
defendant | ||
will appear as required either before or after
conviction and | ||
the
defendant will not pose a danger to any person or the | ||
community
and that the
defendant will comply with all | ||
conditions of bond, which
shall include the defendant's current | ||
address with a written admonishment to
the defendant that he or | ||
she must comply with the provisions of Section 110-12
of this | ||
Code regarding any change in his or her address, the defendant | ||
may be released on his or her own recognizance. The
defendant's | ||
address shall at all times remain a matter of public record | ||
with
the clerk of the court. A failure to appear as
required by | ||
such recognizance shall constitute an offense subject to the
| ||
penalty provided in Section 32-10 of the " Criminal Code of 2012 |
1961", approved
July 28, 1961, as heretofore and hereafter | ||
amended, for violation of the
bail bond, and any obligated sum | ||
fixed in the recognizance shall be
forfeited and collected in | ||
accordance with subsection (g) of Section 110-7
of this Code.
| ||
This Section shall be liberally construed to effectuate the | ||
purpose of
relying upon contempt of court proceedings or | ||
criminal sanctions
instead of financial loss to assure the
| ||
appearance of the defendant, and that the defendant will not | ||
pose a danger to
any person or the community and that the | ||
defendant will comply with all
conditions of bond. Monetary | ||
bail should be set only when it is
determined that no other | ||
conditions of release will reasonably assure the
defendant's | ||
appearance in court, that the defendant does not present a
| ||
danger to any person or the community and that the defendant | ||
will comply
with all conditions of bond.
| ||
The State may appeal any order permitting release by | ||
personal recognizance.
| ||
(Source: P.A. 89-377, eff. 8-18-95.)
| ||
(725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
| ||
Sec. 110-4. Bailable Offenses.
| ||
(a) All persons shall be bailable before conviction, except | ||
the
following offenses where the proof is evident or the | ||
presumption great that
the defendant is guilty of the offense: | ||
capital offenses; offenses for
which a sentence of life | ||
imprisonment may be imposed as a consequence of
conviction; |
felony offenses for which a sentence of imprisonment,
without | ||
conditional and revocable release, shall be imposed
by law as a | ||
consequence of conviction, where the court after a hearing,
| ||
determines that the release of the defendant would pose a real | ||
and present
threat to the physical safety of any person or | ||
persons; stalking or
aggravated stalking, where the court, | ||
after a hearing, determines that the
release of the defendant | ||
would pose a real and present threat to the
physical safety of | ||
the alleged victim of the offense and denial of bail
is | ||
necessary to prevent fulfillment of the threat upon which the | ||
charge
is based;
or unlawful use of weapons in violation of | ||
item (4) of subsection (a) of
Section 24-1 of the
Criminal Code | ||
of 1961 or the Criminal Code of 2012 when that offense occurred | ||
in 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, or on any public way within 1,000 feet | ||
of real property comprising
any school, where
the court, after | ||
a hearing, determines that the release of the defendant would
| ||
pose a real and
present threat to the physical safety of any | ||
person and denial of bail is
necessary to prevent
fulfillment | ||
of that threat; or making a terrorist threat in violation of
| ||
Section 29D-20 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 or an attempt to commit the offense of making a | ||
terrorist threat, where the court, after a hearing, determines | ||
that the release of the defendant would pose a real and present | ||
threat to the physical safety of any person and denial of bail |
is necessary to prevent fulfillment of that threat.
| ||
(b) A person seeking release on bail who is charged with a | ||
capital
offense or an offense for which a sentence of life | ||
imprisonment may be
imposed shall not be bailable until a | ||
hearing is held wherein such person
has the burden of | ||
demonstrating that the proof of his guilt is not evident
and | ||
the presumption is not great.
| ||
(c) Where it is alleged that bail should be denied to a | ||
person upon the
grounds that the person presents a real and | ||
present threat to the physical
safety of any person or persons, | ||
the burden of proof of such allegations
shall be upon the | ||
State.
| ||
(d) When it is alleged that bail should be denied to a | ||
person
charged with stalking or aggravated stalking upon the | ||
grounds set forth in
Section 110-6.3 of this Code, the burden | ||
of proof of those allegations shall be
upon the State.
| ||
(Source: P.A. 95-952, eff. 8-29-08.)
| ||
(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
| ||
Sec. 110-5. Determining the amount of bail and conditions | ||
of release.
| ||
(a) In determining the amount of monetary bail or | ||
conditions of release, if
any,
which will reasonably assure the | ||
appearance of a defendant as required or
the safety of any | ||
other person or the community and the likelihood of
compliance | ||
by the
defendant with all the conditions of bail, the court |
shall, on the
basis of available information, take into account | ||
such matters as the
nature and circumstances of the offense | ||
charged, whether the evidence
shows that as part of the offense | ||
there was a use of violence or threatened
use of violence, | ||
whether the offense involved corruption of public
officials or | ||
employees, whether there was physical harm or threats of | ||
physical
harm to any
public official, public employee, judge, | ||
prosecutor, juror or witness,
senior citizen, child or | ||
handicapped person, whether evidence shows that
during the | ||
offense or during the arrest the defendant possessed or used a
| ||
firearm, machine gun, explosive or metal piercing ammunition or | ||
explosive
bomb device or any military or paramilitary armament,
| ||
whether the evidence
shows that the offense committed was | ||
related to or in furtherance of the
criminal activities of an | ||
organized gang or was motivated by the defendant's
membership | ||
in or allegiance to an organized gang,
the condition of the
| ||
victim, any written statement submitted by the victim or | ||
proffer or
representation by the State regarding the
impact | ||
which the alleged criminal conduct has had on the victim and | ||
the
victim's concern, if any, with further contact with the | ||
defendant if
released on bail, whether the offense was based on | ||
racial, religious,
sexual orientation or ethnic hatred,
the | ||
likelihood of the filing of a greater charge, the likelihood of
| ||
conviction, the sentence applicable upon conviction, the | ||
weight of the evidence
against such defendant, whether there | ||
exists motivation or ability to
flee, whether there is any |
verification as to prior residence, education,
or family ties | ||
in the local jurisdiction, in another county,
state or foreign | ||
country, the defendant's employment, financial resources,
| ||
character and mental condition, past conduct, prior use of | ||
alias names or
dates of birth, and length of residence in the | ||
community,
the consent of the defendant to periodic drug | ||
testing in accordance with
Section 110-6.5,
whether a foreign | ||
national defendant is lawfully admitted in the United
States of | ||
America, whether the government of the foreign national
| ||
maintains an extradition treaty with the United States by which | ||
the foreign
government will extradite to the United States its | ||
national for a trial for
a crime allegedly committed in the | ||
United States, whether the defendant is
currently subject to | ||
deportation or exclusion under the immigration laws of
the | ||
United States, whether the defendant, although a United States | ||
citizen,
is considered under the law of any foreign state a | ||
national of that state
for the purposes of extradition or | ||
non-extradition to the United States,
the amount of unrecovered | ||
proceeds lost as a result of
the alleged offense, the
source of | ||
bail funds tendered or sought to be tendered for bail,
whether | ||
from the totality of the court's consideration,
the loss of | ||
funds posted or sought to be posted for bail will not deter the
| ||
defendant from flight, whether the evidence shows that the | ||
defendant is
engaged in significant
possession, manufacture, | ||
or delivery of a controlled substance or cannabis,
either | ||
individually or in consort with others,
whether at the time of |
the offense
charged he was on bond or pre-trial release pending | ||
trial, probation,
periodic imprisonment or conditional | ||
discharge pursuant to this Code or the
comparable Code of any | ||
other state or federal jurisdiction, whether the
defendant is | ||
on bond or
pre-trial release pending the imposition or | ||
execution of sentence or appeal of
sentence for any offense | ||
under the laws of Illinois or any other state or
federal | ||
jurisdiction, whether the defendant is under parole or | ||
mandatory
supervised release or
work release from the Illinois | ||
Department of Corrections or any penal
institution or | ||
corrections department of any state or federal
jurisdiction, | ||
the defendant's record of convictions, whether the defendant | ||
has been
convicted of a misdemeanor or ordinance offense in | ||
Illinois or similar
offense in other state or federal | ||
jurisdiction within the 10 years
preceding the current charge | ||
or convicted of a felony in Illinois, whether
the defendant was | ||
convicted of an offense in another state or federal
| ||
jurisdiction that would
be a felony if committed in Illinois | ||
within the 20 years preceding the
current charge or has been | ||
convicted of such felony and released from the
penitentiary | ||
within 20 years preceding the current charge if a
penitentiary | ||
sentence was imposed in Illinois or other state or federal
| ||
jurisdiction, the defendant's records of juvenile adjudication | ||
of delinquency in any
jurisdiction, any record of appearance or | ||
failure to appear by
the defendant at
court proceedings, | ||
whether there was flight to avoid arrest or
prosecution, |
whether the defendant escaped or
attempted to escape to avoid | ||
arrest, whether the defendant refused to
identify himself, or | ||
whether there was a refusal by the defendant to be
| ||
fingerprinted as required by law. Information used by the court | ||
in its
findings or stated in or
offered in connection with this | ||
Section may be by way of proffer based upon
reliable | ||
information offered by the State or defendant.
All evidence | ||
shall be admissible if it is relevant and
reliable regardless | ||
of whether it would be admissible under the rules of
evidence | ||
applicable at criminal trials.
If the State presents evidence | ||
that the offense committed by the defendant
was related to or | ||
in furtherance of the criminal activities of an organized
gang | ||
or was motivated by the defendant's membership in or allegiance | ||
to an
organized gang, and if the court determines that the | ||
evidence may be
substantiated, the court shall prohibit the | ||
defendant from associating with
other members of the organized | ||
gang as a condition of bail or release.
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.
| ||
(b) The amount of bail shall be:
| ||
(1) Sufficient to assure compliance with the | ||
conditions set forth in the
bail bond, which shall include | ||
the defendant's current address with a written
| ||
admonishment to the defendant that he or she must comply | ||
with the provisions of
Section 110-12 regarding any change |
in his or her address. The defendant's
address shall at all | ||
times remain a matter of public record with the clerk
of | ||
the court.
| ||
(2) Not oppressive.
| ||
(3) Considerate of the financial ability of the | ||
accused.
| ||
(4) When a person is charged with a drug related | ||
offense involving
possession or delivery of cannabis or | ||
possession or delivery of a
controlled substance as defined | ||
in the Cannabis Control Act,
the Illinois Controlled | ||
Substances Act, or the Methamphetamine Control and | ||
Community Protection Act, the full street value
of the | ||
drugs seized shall be considered. "Street value" shall be
| ||
determined by the court on the basis of a proffer by the | ||
State based upon
reliable information of a law enforcement | ||
official contained in a written
report as to the amount | ||
seized and such proffer may be used by the court as
to the | ||
current street value of the smallest unit of the drug | ||
seized.
| ||
(b-5) Upon the filing of a written request demonstrating | ||
reasonable cause, the State's Attorney may request a source of | ||
bail hearing either before or after the posting of any funds.
| ||
If the hearing is granted, before the posting of any bail, the | ||
accused must file a written notice requesting that the court | ||
conduct a source of bail hearing. The notice must be | ||
accompanied by justifying affidavits stating the legitimate |
and lawful source of funds for bail. At the hearing, the court | ||
shall inquire into any matters stated in any justifying | ||
affidavits, and may also inquire into matters appropriate to | ||
the determination which shall include, but are not limited to, | ||
the following: | ||
(1) the background, character, reputation, and | ||
relationship to the accused of any surety; and | ||
(2) the source of any money or property deposited by | ||
any surety, and whether any such money or property | ||
constitutes the fruits of criminal or unlawful conduct; and | ||
(3) the source of any money posted as cash bail, and | ||
whether any such money constitutes the fruits of criminal | ||
or unlawful conduct; and | ||
(4) the background, character, reputation, and | ||
relationship to the accused of the person posting cash | ||
bail. | ||
Upon setting the hearing, the court shall examine, under | ||
oath, any persons who may possess material information. | ||
The State's Attorney has a right to attend the hearing, to | ||
call witnesses and to examine any witness in the proceeding. | ||
The court shall, upon request of the State's Attorney, continue | ||
the proceedings for a reasonable period to allow the State's | ||
Attorney to investigate the matter raised in any testimony or | ||
affidavit.
If the hearing is granted after the accused has | ||
posted bail, the court shall conduct a hearing consistent with | ||
this subsection (b-5). At the conclusion of the hearing, the |
court must issue an order either approving of disapproving the | ||
bail.
| ||
(c) When a person is charged with an offense punishable by | ||
fine only the
amount of the bail shall not exceed double the | ||
amount of the maximum penalty.
| ||
(d) When a person has been convicted of an offense and only | ||
a fine has
been imposed the amount of the bail shall not exceed | ||
double the amount of
the fine.
| ||
(e) The State may appeal any order granting bail or setting
| ||
a given amount for bail. | ||
(f) When a person is charged with a violation of an order | ||
of protection under Section 12-3.4 or 12-30 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 , | ||
(1) whether the alleged incident involved harassment | ||
or abuse, as defined in the Illinois Domestic Violence Act | ||
of 1986; | ||
(2) whether the person has a history of domestic | ||
violence, as defined in the Illinois Domestic Violence Act, | ||
or a history of other criminal acts; | ||
(3) based on the mental health of the person; | ||
(4) whether the person has a history of violating the | ||
orders of any court or governmental entity; | ||
(5) whether the person has been, or is, potentially a | ||
threat to any other person; | ||
(6) whether the person has access to deadly weapons or | ||
a history of using deadly weapons; |
(7) whether the person has a history of abusing alcohol | ||
or any controlled substance; | ||
(8) based on the severity of the alleged incident that | ||
is the basis of the alleged offense, including, but not | ||
limited to, the duration of the current incident, and | ||
whether the alleged incident involved physical injury, | ||
sexual assault, strangulation, abuse during the alleged | ||
victim's pregnancy, abuse of pets, or forcible entry to | ||
gain access to the alleged victim; | ||
(9) whether a separation of the person from the alleged | ||
victim or a termination of the relationship between the | ||
person and the alleged victim has recently occurred or is | ||
pending; | ||
(10) whether the person has exhibited obsessive or | ||
controlling behaviors toward the alleged victim, | ||
including, but not limited to, stalking, surveillance, or | ||
isolation of the alleged victim or victim's family member | ||
or members; | ||
(11) whether the person has expressed suicidal or | ||
homicidal ideations; | ||
(12) based on any information contained in the | ||
complaint and any police reports, affidavits, or other | ||
documents accompanying the complaint, | ||
the court may, in its discretion, order the respondent to | ||
undergo a risk assessment evaluation conducted by an Illinois | ||
Department of Human Services approved partner abuse |
intervention program provider, pretrial service, probation, or | ||
parole agency. These agencies shall have access to summaries of | ||
the defendant's criminal history, which shall not include | ||
victim interviews or information, for the risk evaluation. | ||
Based on the information collected from the 12 points to be | ||
considered at a bail hearing for a violation of an order of | ||
protection, the results of any risk evaluation conducted and | ||
the other circumstances of the violation, the court may order | ||
that the person, as a condition of bail, be placed under | ||
electronic surveillance as provided in Section 5-8A-7 of the | ||
Unified Code of Corrections.
| ||
(Source: P.A. 95-773, eff. 1-1-09; 96-688, eff. 8-25-09; | ||
96-1551, eff. 7-1-11 .)
| ||
(725 ILCS 5/110-5.1) | ||
Sec. 110-5.1. Bail; certain persons charged with violent | ||
crimes against family or household members. | ||
(a) Subject to subsection (c), a person who is charged with | ||
a violent crime shall appear before the court for the setting | ||
of bail if the alleged victim was a family or household member | ||
at the time of the alleged offense, and if any of the following | ||
applies: | ||
(1) the person charged, at the time of the alleged | ||
offense, was subject to the terms of an order of protection | ||
issued under Section 112A-14 of this Code or Section 214 of | ||
the Illinois Domestic Violence Act of 1986 or previously |
was convicted of a violation of an order of protection | ||
under Section 12-3.4 or 12-30 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012 or a violent crime if the | ||
victim was a family or household member at the time of the | ||
offense or a violation of a substantially similar municipal | ||
ordinance or law of this or any other state or the United | ||
States if the victim was a family or household member at | ||
the time of the offense; | ||
(2) the arresting officer indicates in a police report | ||
or other document accompanying the complaint any of the | ||
following: | ||
(A) that the arresting officer observed on the | ||
alleged victim objective manifestations of physical | ||
harm that the arresting officer reasonably believes | ||
are a result of the alleged offense; | ||
(B) that the arresting officer reasonably believes | ||
that the person had on the person's person at the time | ||
of the alleged offense a deadly weapon; | ||
(C) that the arresting officer reasonably believes | ||
that the person presents a credible threat of serious | ||
physical harm to the alleged victim or to any other | ||
person if released on bail before trial. | ||
(b) To the extent that information about any of the | ||
following is available to the court, the court shall consider | ||
all of the following, in addition to any other circumstances | ||
considered by the court, before setting bail for a person who |
appears before the court pursuant to subsection (a): | ||
(1) whether the person has a history of domestic | ||
violence or a history of other violent acts; | ||
(2) the mental health of the person; | ||
(3) whether the person has a history of violating the | ||
orders of any court or governmental entity; | ||
(4) whether the person is potentially a threat to any | ||
other person; | ||
(5) whether the person has access to deadly weapons or | ||
a history of using deadly weapons; | ||
(6) whether the person has a history of abusing alcohol | ||
or any controlled substance; | ||
(7) the severity of the alleged violence that is the | ||
basis of the alleged offense, including, but not limited | ||
to, the duration of the alleged violent incident, and | ||
whether the alleged violent incident involved serious | ||
physical injury, sexual assault, strangulation, abuse | ||
during the alleged victim's pregnancy, abuse of pets, or | ||
forcible entry to gain access to the alleged victim; | ||
(8) whether a separation of the person from the alleged | ||
victim or a termination of the relationship between the | ||
person and the alleged victim has recently occurred or is | ||
pending; | ||
(9) whether the person has exhibited obsessive or | ||
controlling behaviors toward the alleged victim, | ||
including, but not limited to, stalking, surveillance, or |
isolation of the alleged victim; | ||
(10) whether the person has expressed suicidal or | ||
homicidal ideations; | ||
(11) any information contained in the complaint and any | ||
police reports, affidavits, or other documents | ||
accompanying the complaint. | ||
(c) Upon the court's own motion or the motion of a party | ||
and upon any terms that the court may direct, a court may | ||
permit a person who is required to appear before it by | ||
subsection (a) to appear by video conferencing equipment. If, | ||
in the opinion of the court, the appearance in person or by | ||
video conferencing equipment of a person who is charged with a | ||
misdemeanor and who is required to appear before the court by | ||
subsection (a) is not practicable, the court may waive the | ||
appearance and release the person on bail on one or both of the | ||
following types of bail in an amount set by the court: | ||
(1) a bail bond secured by a deposit of 10% of the | ||
amount of the bond in cash; | ||
(2) a surety bond, a bond secured by real estate or | ||
securities as allowed by law, or the deposit of cash, at | ||
the option of the person. | ||
Subsection (a) does not create a right in a person to | ||
appear before the court for the setting of bail or prohibit a | ||
court from requiring any person charged with a violent crime | ||
who is not described in subsection (a) from appearing before | ||
the court for the setting of bail. |
(d) As used in this Section: | ||
(1) "Violent crime" has the meaning ascribed to it in | ||
Section 3 of the Rights of Crime Victims and Witnesses Act. | ||
(2) "Family or household member" has the meaning | ||
ascribed to it in Section 112A-3 of this Code.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
(725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
| ||
Sec. 110-6. (a) Upon verified application by
the State or | ||
the defendant or on its own motion the court before which the
| ||
proceeding is
pending may increase or reduce the amount of bail | ||
or may alter the
conditions of the bail bond or grant bail | ||
where it has been previously
revoked or denied.
If bail has | ||
been previously revoked pursuant to subsection (f) of this
| ||
Section or if bail has been denied to the defendant pursuant to | ||
subsection
(e) of Section 110-6.1 or subsection (e) of Section | ||
110-6.3, the defendant
shall
be required to present a
verified | ||
application setting forth in detail any new facts not known or
| ||
obtainable at the time of the previous revocation or denial of | ||
bail
proceedings. If the court grants bail where it has been | ||
previously revoked
or denied, the court shall state on the | ||
record of the proceedings the
findings of facts and conclusion | ||
of law upon which such order is based.
| ||
(b) Violation of the conditions of Section
110-10 of this | ||
Code or any special conditions of bail as ordered by the
court | ||
shall constitute grounds for the court to increase
the amount |
of bail, or otherwise alter the conditions of bail, or, where
| ||
the alleged offense committed on bail is a forcible felony in | ||
Illinois or
a Class 2 or greater offense under the Illinois
| ||
Controlled Substances Act, the
Cannabis Control Act, or the | ||
Methamphetamine Control and Community Protection Act, revoke | ||
bail
pursuant to the appropriate provisions of subsection (e) | ||
of this
Section.
| ||
(c) Reasonable notice of such application by the defendant | ||
shall be
given to the State.
| ||
(d) Reasonable notice of such application by the State | ||
shall be
given to the defendant, except as provided in | ||
subsection (e).
| ||
(e) Upon verified application by the State stating facts or
| ||
circumstances constituting a violation or a threatened
| ||
violation of any of the
conditions of the bail bond the court | ||
may issue a warrant commanding any
peace officer to bring the | ||
defendant without unnecessary delay before
the court for a | ||
hearing on the matters set forth in the application. If
the | ||
actual court before which the proceeding is pending is absent | ||
or
otherwise unavailable another court may issue a warrant | ||
pursuant to this
Section. When the defendant is charged with a | ||
felony offense and while
free on bail is charged with a | ||
subsequent felony offense and is the subject
of a proceeding | ||
set forth in Section 109-1 or 109-3 of this Code, upon the
| ||
filing of a verified petition by the State alleging a violation | ||
of Section
110-10 (a) (4) of this Code, the court shall without |
prior notice to the
defendant, grant leave to file such | ||
application and shall order the
transfer of the defendant and | ||
the application without unnecessary delay to
the court before | ||
which the previous felony matter is pending for a hearing
as | ||
provided in subsection (b) or this subsection of this Section. | ||
The
defendant shall be held
without bond pending transfer to | ||
and a hearing before such court. At
the conclusion of the | ||
hearing based on a violation of the conditions of
Section | ||
110-10 of this Code or any special conditions of bail as | ||
ordered by
the court the court may enter an order
increasing | ||
the amount of bail or alter the conditions of bail as deemed
| ||
appropriate.
| ||
(f) Where the alleged violation consists of the violation | ||
of
one or more felony statutes of any jurisdiction which would | ||
be a
forcible felony in Illinois or a Class 2 or greater | ||
offense under the
Illinois Controlled Substances Act, the
| ||
Cannabis Control Act, or the Methamphetamine Control and | ||
Community Protection Act and the
defendant is on bail for the | ||
alleged
commission of a felony, or where the defendant is on | ||
bail for a felony
domestic battery (enhanced pursuant to | ||
subsection (b) of Section 12-3.2 of the
Criminal Code of 1961 | ||
or the Criminal Code of 2012 ), aggravated
domestic battery, | ||
aggravated battery, unlawful restraint, aggravated unlawful
| ||
restraint or domestic battery in violation
of item (1) of | ||
subsection (a) of Section 12-3.2 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012
against a
family or household |
member as defined in Section 112A-3 of this Code and the
| ||
violation is an offense of domestic battery against
the same | ||
victim the court shall, on the motion of the State
or its own | ||
motion, revoke bail
in accordance with the following | ||
provisions:
| ||
(1) The court shall hold the defendant without bail | ||
pending
the hearing on the alleged breach; however, if the | ||
defendant
is not admitted to bail the
hearing shall be | ||
commenced within 10 days from the date the defendant is
| ||
taken into custody or the defendant may not be held any | ||
longer without
bail, unless delay is occasioned by the | ||
defendant. Where defendant
occasions the delay, the | ||
running of the 10 day period is temporarily
suspended and | ||
resumes at the termination of the period of delay. Where
| ||
defendant occasions the delay with 5 or fewer days | ||
remaining in the 10
day period, the court may grant a | ||
period of up to 5 additional days to
the State for good | ||
cause shown. The State, however, shall retain the
right to | ||
proceed to hearing on the alleged violation at any time, | ||
upon
reasonable notice to the defendant and the court.
| ||
(2) At a hearing on the alleged violation the State has | ||
the burden
of going forward and proving the violation by | ||
clear and convincing
evidence. The evidence shall be | ||
presented in open court with the
opportunity to testify, to | ||
present witnesses in his behalf, and to
cross-examine | ||
witnesses if any are called by the State, and |
representation
by counsel and
if the defendant is indigent | ||
to have counsel appointed for him. The
rules of evidence | ||
applicable in criminal trials in this State shall not
| ||
govern the admissibility of evidence at such hearing.
| ||
Information used by the court in its findings or stated in | ||
or offered in
connection with hearings for increase or | ||
revocation of bail may be by way
of proffer based upon | ||
reliable information offered by the State or
defendant. All | ||
evidence shall be admissible if it is relevant and reliable
| ||
regardless of whether it would be admissible under the | ||
rules of evidence
applicable at criminal trials. A motion | ||
by the defendant to suppress
evidence or to suppress a | ||
confession shall not be entertained at such a
hearing. | ||
Evidence that proof may have been obtained as a result of | ||
an
unlawful search and seizure or through improper | ||
interrogation is not
relevant to this hearing.
| ||
(3) Upon a finding by the court that the State has | ||
established by
clear and convincing evidence that the | ||
defendant has committed a
forcible felony or a Class 2 or | ||
greater offense under the Illinois Controlled
Substances | ||
Act, the Cannabis Control Act, or the Methamphetamine | ||
Control and Community Protection Act while admitted to | ||
bail, or where the
defendant is on bail for a felony | ||
domestic battery (enhanced pursuant to
subsection (b) of | ||
Section 12-3.2 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 ), aggravated
domestic battery, aggravated |
battery, unlawful
restraint, aggravated unlawful restraint | ||
or domestic battery in violation of
item (1) of subsection | ||
(a) of Section 12-3.2 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012
against
a family or household member | ||
as defined in
Section 112A-3 of this Code and the violation | ||
is an offense of domestic
battery, against the same victim, | ||
the court
shall revoke the bail of
the defendant and hold | ||
the defendant for trial without bail. Neither the
finding | ||
of the court nor any transcript or other record of the | ||
hearing
shall be admissible in the State's case in chief, | ||
but shall be admissible
for impeachment, or as provided in | ||
Section 115-10.1 of this Code or in a
perjury proceeding.
| ||
(4) If the bail of any defendant is revoked pursuant to | ||
paragraph
(f) (3) of this Section, the defendant may demand | ||
and shall be entitled
to be brought to trial on the offense | ||
with respect to which he was
formerly released on bail | ||
within 90 days after the date on which his
bail was | ||
revoked. If the defendant is not brought to trial within | ||
the
90 day period required by the preceding sentence, he | ||
shall not be held
longer without bail. In computing the 90 | ||
day period, the court shall
omit any period of delay | ||
resulting from a continuance granted at the
request of the | ||
defendant.
| ||
(5) If the defendant either is arrested on a warrant | ||
issued pursuant
to this Code or is arrested for an | ||
unrelated offense and it is subsequently
discovered that |
the defendant is a subject of another warrant or warrants
| ||
issued pursuant to this Code, the defendant shall be | ||
transferred promptly
to the court which issued such | ||
warrant. If, however, the defendant appears
initially | ||
before a court other than the court which issued such | ||
warrant,
the non-issuing court shall not alter the amount | ||
of bail heretofore set on
such warrant unless the court | ||
sets forth on the record of proceedings the
conclusions of | ||
law and facts which are the basis for such altering of
| ||
another court's bond. The non-issuing court shall not alter | ||
another courts
bail set on a warrant unless the interests | ||
of justice and public safety are
served by such action.
| ||
(g) The State may appeal any order where the court has | ||
increased or reduced
the amount of bail or altered the | ||
conditions of the bail bond or granted
bail where it has | ||
previously been revoked.
| ||
(Source: P.A. 93-417, eff. 8-5-03; 94-556, eff. 9-11-05.)
| ||
(725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)
| ||
Sec. 110-6.3. Denial of bail in stalking and aggravated | ||
stalking
offenses. | ||
(a) Upon verified petition by the State, the court shall | ||
hold a
hearing to determine whether bail should be denied to a | ||
defendant who is
charged with
stalking or aggravated stalking, | ||
when it is alleged that the defendant's
admission to bail poses | ||
a real and present threat to the physical safety of
the alleged |
victim of the offense, and denial of release on bail or
| ||
personal recognizance is necessary to prevent fulfillment of | ||
the threat
upon which the charge is based.
| ||
(1) A petition may be filed without prior notice to the | ||
defendant at the
first appearance before a judge, or within | ||
21 calendar days, except as
provided in Section 110-6, | ||
after arrest and release of the defendant upon
reasonable | ||
notice to defendant; provided that while the petition is
| ||
pending before the court, the defendant if previously | ||
released shall not be
detained.
| ||
(2) The hearing shall be held immediately upon the | ||
defendant's
appearance before the court, unless for good | ||
cause shown the defendant or
the State seeks a continuance. | ||
A continuance on motion of the defendant
may not exceed 5 | ||
calendar days, and the defendant may be held in custody
| ||
during the continuance. A continuance on the motion of the | ||
State may not
exceed 3 calendar days; however, the | ||
defendant may be held in custody
during the continuance | ||
under this provision if the defendant has been
previously | ||
found to have violated an order of protection or has been
| ||
previously convicted of, or granted court supervision for, | ||
any of the
offenses set forth in Sections 11-1.20, 11-1.30, | ||
11-1.40, 11-1.50, 11-1.60, 12-2,
12-3.05, 12-3.2, 12-3.3, | ||
12-4, 12-4.1, 12-7.3, 12-7.4, 12-13,
12-14, 12-14.1, 12-15 | ||
or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012 , against the
same person
as the alleged victim of |
the stalking or aggravated stalking offense.
| ||
(b) The court may deny bail to the defendant when, after | ||
the hearing, it
is determined that:
| ||
(1) the proof is evident or the presumption great that | ||
the defendant has
committed the offense of stalking or | ||
aggravated stalking; and
| ||
(2) the defendant poses a real and present threat to | ||
the physical safety
of the alleged victim of the offense; | ||
and
| ||
(3) the denial of release on bail or personal | ||
recognizance is
necessary to prevent fulfillment of the | ||
threat upon which the charge is based;
and
| ||
(4) the court finds that no condition or combination of | ||
conditions set
forth in subsection (b) of Section 110-10 of | ||
this Code, including mental
health treatment at a community | ||
mental health center, hospital, or
facility of the | ||
Department of Human Services,
can reasonably assure the | ||
physical safety of the alleged victim of the offense.
| ||
(c) Conduct of the hearings.
| ||
(1) The hearing on the defendant's culpability and | ||
threat to the
alleged victim of the offense shall be
| ||
conducted in accordance with the following provisions:
| ||
(A) Information used by the court in its findings | ||
or stated in or
offered
at the hearing may be by way of | ||
proffer based upon reliable information
offered by the | ||
State or by defendant. Defendant has the right to be
|
represented by counsel, and if he is indigent, to have | ||
counsel appointed
for him. Defendant shall have the | ||
opportunity to testify, to present
witnesses in his own | ||
behalf, and to cross-examine witnesses if any are
| ||
called by the State. The defendant has the right to | ||
present witnesses in
his favor. When the ends of | ||
justice so require, the court may exercise
its | ||
discretion and compel the appearance of a complaining
| ||
witness. The court shall state on the record reasons | ||
for granting a
defense request to compel the presence | ||
of a complaining witness.
Cross-examination of a | ||
complaining witness at the pretrial detention hearing | ||
for
the purpose of impeaching the witness' credibility | ||
is insufficient reason
to compel the presence of the | ||
witness. In deciding whether to compel the
appearance | ||
of a complaining witness, the court shall be | ||
considerate of the
emotional and physical well-being | ||
of the witness.
The pretrial detention hearing is not | ||
to be used for the purposes of
discovery, and the post | ||
arraignment rules of discovery do not apply. The
State | ||
shall tender to the
defendant, prior to the hearing, | ||
copies of defendant's criminal history, if
any, if | ||
available, and any written or recorded statements and | ||
the substance
of any oral statements made by any | ||
person, if relied upon by the State.
The rules | ||
concerning the admissibility of evidence in
criminal |
trials do not apply to the presentation and | ||
consideration of
information at the hearing. At the | ||
trial concerning the offense for which
the hearing was | ||
conducted neither the finding of the court nor any
| ||
transcript or other record of the hearing shall be | ||
admissible in the
State's case in chief, but shall be | ||
admissible for impeachment, or as
provided in Section | ||
115-10.1 of this Code, or in a perjury proceeding.
| ||
(B) A motion by the defendant to suppress evidence | ||
or to suppress a
confession shall not be entertained. | ||
Evidence that proof may have been
obtained as the | ||
result of an unlawful search and seizure or through
| ||
improper interrogation is not relevant to this state of | ||
the prosecution.
| ||
(2) The facts relied upon by the court to support a | ||
finding that:
| ||
(A) the
defendant poses a real and present threat | ||
to the physical safety of the
alleged victim of the | ||
offense; and
| ||
(B) the denial of release on bail or personal
| ||
recognizance is necessary to prevent fulfillment of | ||
the threat upon which
the charge is based;
| ||
shall be supported by clear and convincing evidence
| ||
presented by the State.
| ||
(d) Factors to be considered in making a determination of | ||
the threat to
the alleged victim of the offense.
The court may, |
in determining whether the defendant poses, at the time of
the | ||
hearing, a real and
present threat to the physical safety of | ||
the alleged victim of the offense,
consider but
shall not be | ||
limited to evidence or testimony concerning:
| ||
(1) The nature and circumstances of the offense | ||
charged;
| ||
(2) The history and characteristics of the defendant | ||
including:
| ||
(A) Any evidence of the defendant's prior criminal | ||
history indicative of
violent, abusive or assaultive | ||
behavior, or lack of that behavior. The
evidence may | ||
include testimony or documents received in juvenile
| ||
proceedings, criminal, quasi-criminal, civil | ||
commitment, domestic relations
or other proceedings;
| ||
(B) Any evidence of the defendant's psychological, | ||
psychiatric or other
similar social history that tends | ||
to indicate a violent, abusive, or
assaultive nature, | ||
or lack of any such history.
| ||
(3) The nature of the threat which is the basis of the | ||
charge against the defendant;
| ||
(4) Any statements made by, or attributed to the | ||
defendant, together with
the circumstances surrounding | ||
them;
| ||
(5) The age and physical condition of any person | ||
assaulted
by the defendant;
| ||
(6) Whether the defendant is known to possess or have |
access to any
weapon or weapons;
| ||
(7) Whether, at the time of the current offense or any | ||
other offense or
arrest, the defendant was on probation, | ||
parole, mandatory supervised
release or other release from | ||
custody pending trial, sentencing, appeal or
completion of | ||
sentence for an offense under federal or state law;
| ||
(8) Any other factors, including those listed in | ||
Section 110-5 of this
Code, deemed by the court to have a | ||
reasonable bearing upon the
defendant's propensity or | ||
reputation for violent, abusive or assaultive
behavior, or | ||
lack of that behavior.
| ||
(e) The court shall, in any order denying bail to a person | ||
charged with
stalking or aggravated stalking:
| ||
(1) briefly summarize the evidence of the defendant's | ||
culpability and its
reasons for concluding that the | ||
defendant should be held without bail;
| ||
(2) direct that the defendant be committed to the | ||
custody of the sheriff
for confinement in the county jail | ||
pending trial;
| ||
(3) direct that the defendant be given a reasonable | ||
opportunity for
private consultation with counsel, and for | ||
communication with others of his
choice by visitation, mail | ||
and telephone; and
| ||
(4) direct that the sheriff deliver the defendant as | ||
required for
appearances in connection with court | ||
proceedings.
|
(f) If the court enters an order for the detention of the | ||
defendant
under subsection (e) of this Section, the defendant | ||
shall be brought to
trial on the offense for which he is | ||
detained within 90 days after the date
on which the order for | ||
detention was entered. If the defendant is not
brought to trial | ||
within the 90 day period required by this subsection (f),
he | ||
shall not be held longer without bail. In computing the 90 day | ||
period,
the court shall omit any period of delay resulting from | ||
a continuance
granted at the request of the defendant.
The | ||
court shall immediately notify the alleged victim of the | ||
offense that the defendant
has been admitted to bail under this | ||
subsection.
| ||
(g) Any person shall be entitled to appeal any
order | ||
entered under this Section denying bail to the defendant.
| ||
(h) The State may appeal any order entered under this | ||
Section denying any
motion for denial of bail.
| ||
(i) Nothing in this Section shall be construed as modifying | ||
or limiting
in any way the defendant's presumption of innocence | ||
in further criminal
proceedings.
| ||
(Source: P.A. 96-1551, Article 1, Section 965, eff. 7-1-11; | ||
96-1551, Article 2, Section 1040, eff. 7-1-11; 97-1109, eff. | ||
1-1-13.)
| ||
(725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
| ||
Sec. 110-7. Deposit of Bail Security.
| ||
(a) The person for whom bail has been set shall execute the |
bail bond and
deposit with the clerk of the court before which | ||
the proceeding is pending a
sum of money equal to 10% of the | ||
bail, but in no event shall such deposit be
less than $25. The | ||
clerk of the court shall provide a space on each form for a
| ||
person other than the accused who has provided the money for | ||
the posting of
bail to so indicate and a space signed by an
| ||
accused who has executed the bail bond indicating whether a | ||
person other
than the accused has provided the money for the | ||
posting of bail. The form
shall also include a written notice | ||
to such person who has provided
the defendant with the money | ||
for the posting of bail indicating that the bail
may be used to | ||
pay costs, attorney's fees, fines, or other purposes authorized
| ||
by the court and if the
defendant fails to comply with the | ||
conditions of the bail bond, the court
shall enter an order | ||
declaring the bail to be forfeited. The written notice
must be: | ||
(1) distinguishable from the surrounding text; (2) in bold type | ||
or
underscored; and (3) in a type size at least 2 points larger | ||
than the
surrounding type. When a person for whom
bail has been | ||
set is charged with an offense under the Illinois Controlled
| ||
Substances Act or the Methamphetamine Control and Community | ||
Protection Act which is a Class X felony, or making a terrorist | ||
threat in violation of
Section 29D-20 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 or an attempt to commit the | ||
offense of making a terrorist threat, the court may require the
| ||
defendant to deposit a sum equal to 100% of the bail.
Where any | ||
person is charged with a forcible felony while free on bail and
|
is the subject of proceedings under Section 109-3 of this Code | ||
the judge
conducting the preliminary examination may also | ||
conduct a hearing upon the
application of the State pursuant to | ||
the provisions of Section 110-6 of this
Code to increase or | ||
revoke the bail for that person's prior alleged offense.
| ||
(b) Upon depositing this sum and any bond fee authorized by | ||
law, the person
shall be released
from custody subject to the | ||
conditions of the bail bond.
| ||
(c) Once bail has been given and a charge is pending or
is | ||
thereafter filed in or transferred to a court of competent
| ||
jurisdiction the latter court shall continue the original bail
| ||
in that court subject to the provisions of Section 110-6 of | ||
this Code.
| ||
(d) After conviction the court may order that the original
| ||
bail stand as bail pending appeal or deny, increase or reduce | ||
bail
subject to the provisions of Section 110-6.2.
| ||
(e) After the entry of an order by the trial court allowing
| ||
or denying bail pending appeal either party may apply to the
| ||
reviewing court having jurisdiction or to a justice thereof
| ||
sitting in vacation for an order increasing or decreasing the
| ||
amount of bail or allowing or denying bail pending appeal | ||
subject to the
provisions of Section 110-6.2.
| ||
(f) When the conditions of the bail bond have been | ||
performed
and the accused has been discharged from all | ||
obligations in the
cause the clerk of the court shall return to | ||
the accused or to the
defendant's designee by an assignment |
executed at the time the bail amount
is deposited, unless
the | ||
court orders otherwise, 90% of the sum which had been
deposited | ||
and shall retain as bail bond costs 10% of the amount
| ||
deposited. However, in no event shall the amount retained by | ||
the
clerk as bail bond costs be less than $5. Bail bond | ||
deposited by or on
behalf of a defendant in one case may be | ||
used, in the court's discretion,
to satisfy financial | ||
obligations of that same defendant incurred in a
different case | ||
due to a fine, court costs,
restitution or fees of the | ||
defendant's attorney of record. In counties with
a population | ||
of 3,000,000 or more, the court shall
not order bail bond | ||
deposited by or on behalf of a defendant in one case to
be used | ||
to satisfy financial obligations of that same defendant in a
| ||
different case until the bail bond is first used to satisfy | ||
court costs and
attorney's fees in
the case in which the bail | ||
bond has been deposited and any other unpaid child
support | ||
obligations are satisfied. In counties with a population of | ||
less than 3,000,000, the court shall
not order bail bond | ||
deposited by or on behalf of a defendant in one case to
be used | ||
to satisfy financial obligations of that same defendant in a
| ||
different case until the bail bond is first used to satisfy | ||
court costs
in
the case in which the bail bond has been | ||
deposited.
| ||
At the request of the defendant the court may order such | ||
90% of
defendant's bail deposit, or whatever amount is | ||
repayable to defendant
from such deposit, to be paid to |
defendant's attorney of record.
| ||
(g) If the accused does not comply with the conditions of
| ||
the bail bond the court having jurisdiction shall enter an
| ||
order declaring the bail to be forfeited. Notice of such order
| ||
of forfeiture shall be mailed forthwith to the accused at his
| ||
last known address. If the accused does not appear and | ||
surrender
to the court having jurisdiction within 30 days from | ||
the date of
the forfeiture or within such period satisfy the | ||
court
that appearance and surrender by the accused is | ||
impossible
and without his fault the court shall enter judgment | ||
for the State if the
charge for which the bond was given was a | ||
felony
or misdemeanor, or if the charge was quasi-criminal or | ||
traffic,
judgment for the political subdivision of the State | ||
which
prosecuted the case, against the accused for the amount | ||
of
the bail and costs of the court proceedings; however,
in | ||
counties with a population of less than 3,000,000, instead of | ||
the court
entering a judgment for the full amount
of the bond | ||
the court may, in its discretion, enter judgment for the cash
| ||
deposit on the bond, less costs, retain the deposit for further | ||
disposition or,
if a cash bond was posted for failure to appear | ||
in a matter involving
enforcement of child support or | ||
maintenance, the amount of the cash deposit on
the bond, less | ||
outstanding costs, may be awarded to the person or entity to
| ||
whom the child support or maintenance is due. The deposit
made | ||
in accordance with paragraph (a) shall be applied to
the | ||
payment of costs. If judgment is entered and any amount of such
|
deposit remains
after the payment of costs it shall be applied | ||
to payment of
the judgment and transferred to the treasury of | ||
the municipal
corporation wherein the bond was taken if the | ||
offense was a
violation of any penal ordinance of a political | ||
subdivision
of this State, or to the treasury of the county | ||
wherein the
bond was taken if the offense was a violation of | ||
any penal
statute of this State. The balance of the judgment | ||
may be
enforced and collected in the same manner as a judgment | ||
entered
in a civil action.
| ||
(h) After a judgment for a fine and court costs or either | ||
is
entered in the prosecution of a cause in which a deposit had
| ||
been made in accordance with paragraph (a) the balance of such
| ||
deposit, after deduction of bail bond costs, shall be applied
| ||
to the payment of the judgment.
| ||
(i) When a court appearance is required for an alleged | ||
violation of the Criminal Code of 1961, the Criminal Code of | ||
2012, the Illinois Vehicle Code, the Wildlife Code, the Fish | ||
and Aquatic Life Code, the Child Passenger Protection Act, or a | ||
comparable offense of a unit of local government as specified | ||
in Supreme Court Rule 551, and if the accused does not appear | ||
in court on the date set for appearance or any date to which | ||
the case may be continued and the court issues an arrest | ||
warrant for the accused, based upon his or her failure to | ||
appear when having so previously been ordered to appear by the | ||
court, the accused upon his or her admission to bail shall be | ||
assessed by the court a fee of $75. Payment of the fee shall be |
a condition of release unless otherwise ordered by the court. | ||
The fee shall be in addition to any bail that the accused is | ||
required to deposit for the offense for which the accused has | ||
been charged and may not be used for the payment of court costs | ||
or fines assessed for the offense. The clerk of the court shall | ||
remit $70 of the fee assessed to the arresting agency who | ||
brings the offender in on the arrest warrant. If the Department | ||
of State Police is the arresting agency, $70 of the fee | ||
assessed shall be remitted by the clerk of the court to the | ||
State Treasurer within one month after receipt for deposit into | ||
the State Police Operations Assistance Fund. The clerk of the | ||
court shall remit $5 of the fee assessed to the Circuit Court | ||
Clerk Operation and Administrative Fund as provided in Section | ||
27.3d of the Clerks of Courts Act.
| ||
(Source: P.A. 96-1431, eff. 1-1-11; 97-175, eff. 1-1-12.)
| ||
(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
| ||
Sec. 110-10. Conditions of bail bond.
| ||
(a) If a person is released prior to conviction, either | ||
upon payment of
bail security or on his or her own | ||
recognizance, the conditions of the bail
bond shall be that he | ||
or she will:
| ||
(1) Appear to answer the charge in the court having | ||
jurisdiction on
a day certain and thereafter as ordered by | ||
the court until discharged or
final order of the court;
| ||
(2) Submit himself or herself to the orders and process |
of the court;
| ||
(3) Not depart this State without leave of the court;
| ||
(4) Not violate any criminal statute of any | ||
jurisdiction;
| ||
(5) At a time and place designated by the court, | ||
surrender all firearms
in his or her possession to a law | ||
enforcement officer designated by the court
to take custody | ||
of and impound the firearms
and physically
surrender his or | ||
her Firearm Owner's Identification Card to the clerk of the
| ||
circuit court
when the offense the person has
been charged | ||
with is a forcible felony, stalking, aggravated stalking, | ||
domestic
battery, any violation of 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, or any
felony | ||
violation of Article 24 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 ; the court
may,
however, forgo the | ||
imposition of this condition when the
circumstances of the
| ||
case clearly do not warrant it or when its imposition would | ||
be
impractical;
if the Firearm Owner's Identification Card | ||
is confiscated, the clerk of the circuit court shall mail | ||
the confiscated card to the Illinois State Police; all | ||
legally possessed firearms shall be returned to the person | ||
upon
the charges being dismissed, or if the person is found | ||
not guilty, unless the
finding of not guilty is by reason | ||
of insanity; and
|
(6) At a time and place designated by the court, submit | ||
to a
psychological
evaluation when the person has been | ||
charged with a violation of item (4) of
subsection
(a) of | ||
Section 24-1 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 and that violation occurred in
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, or on any public way within 1,000
feet of real
| ||
property comprising any school.
| ||
Psychological evaluations ordered pursuant to this Section | ||
shall be completed
promptly
and made available to the State, | ||
the defendant, and the court. As a further
condition of bail | ||
under
these circumstances, the court shall order the defendant | ||
to refrain from
entering upon the
property of the school, | ||
including any conveyance owned, leased, or contracted
by a | ||
school to
transport students to or from school or a | ||
school-related activity, or on any public way within
1,000 feet | ||
of real property comprising any school. Upon receipt of the | ||
psychological evaluation,
either the State or the defendant may | ||
request a change in the conditions of bail, pursuant to
Section | ||
110-6 of this Code. The court may change the conditions of bail | ||
to include a
requirement that the defendant follow the | ||
recommendations of the psychological evaluation,
including | ||
undergoing psychiatric treatment. The conclusions of the
| ||
psychological evaluation and
any statements elicited from the | ||
defendant during its administration are not
admissible as |
evidence
of guilt during the course of any trial on the charged | ||
offense, unless the
defendant places his or her
mental | ||
competency in issue.
| ||
(b) The court may impose other conditions, such as the | ||
following, if the
court finds that such conditions are | ||
reasonably necessary to assure the
defendant's appearance in | ||
court, protect the public from the defendant, or
prevent the | ||
defendant's unlawful interference with the orderly | ||
administration
of justice:
| ||
(1) Report to or appear in person before such person or | ||
agency as the
court may direct;
| ||
(2) Refrain from possessing a firearm or other | ||
dangerous weapon;
| ||
(3) Refrain from approaching or communicating with | ||
particular persons or
classes of persons;
| ||
(4) Refrain from going to certain described | ||
geographical areas or
premises;
| ||
(5) Refrain from engaging in certain activities or | ||
indulging in
intoxicating liquors or in certain drugs;
| ||
(6) Undergo treatment for drug addiction or | ||
alcoholism;
| ||
(7) Undergo medical or psychiatric treatment;
| ||
(8) Work or pursue a course of study or vocational | ||
training;
| ||
(9) Attend or reside in a facility designated by the | ||
court;
|
(10) Support his or her dependents;
| ||
(11) If a minor resides with his or her parents or in a | ||
foster home,
attend school, attend a non-residential | ||
program for youths, and contribute
to his or her own | ||
support at home or in a foster home;
| ||
(12) Observe any curfew ordered by the court;
| ||
(13) Remain in the custody of such designated person or | ||
organization
agreeing to supervise his release. Such third | ||
party custodian shall be
responsible for notifying the | ||
court if the defendant fails to observe the
conditions of | ||
release which the custodian has agreed to monitor, and | ||
shall
be subject to contempt of court for failure so to | ||
notify the court;
| ||
(14) Be placed under direct supervision of the Pretrial | ||
Services
Agency, Probation Department or Court Services | ||
Department in a pretrial
bond home supervision capacity | ||
with or without the use of an approved
electronic | ||
monitoring device subject to Article 8A of Chapter V of the
| ||
Unified Code of Corrections;
| ||
(14.1) The court shall impose upon a defendant who is | ||
charged with any
alcohol, cannabis, methamphetamine, or | ||
controlled substance violation and is placed under
direct | ||
supervision of the Pretrial Services Agency, Probation | ||
Department or
Court Services Department in a pretrial bond | ||
home supervision capacity with
the use of an approved | ||
monitoring device, as a condition of such bail bond,
a fee |
that represents costs incidental to the electronic | ||
monitoring for each
day of such bail supervision ordered by | ||
the
court, unless after determining the inability of the | ||
defendant to pay the
fee, the court assesses a lesser fee | ||
or no fee as the case may be. The fee
shall be collected by | ||
the clerk of the circuit court. The clerk of the
circuit | ||
court shall pay all monies collected from this fee to the | ||
county
treasurer for deposit in the substance abuse | ||
services fund under Section
5-1086.1 of the Counties Code;
| ||
(14.2) The court shall impose upon all defendants, | ||
including those
defendants subject to paragraph (14.1) | ||
above, placed under direct supervision
of the Pretrial | ||
Services Agency, Probation Department or Court Services
| ||
Department in a pretrial bond home supervision capacity | ||
with the use of an
approved monitoring device, as a | ||
condition of such bail bond, a fee
which shall represent | ||
costs incidental to such
electronic monitoring for each day | ||
of such bail supervision ordered by the
court, unless after | ||
determining the inability of the defendant to pay the fee,
| ||
the court assesses a lesser fee or no fee as the case may | ||
be. The fee shall be
collected by the clerk of the circuit | ||
court. The clerk of the circuit court
shall pay all monies | ||
collected from this fee to the county treasurer who shall
| ||
use the monies collected to defray the costs of | ||
corrections. The county
treasurer shall deposit the fee | ||
collected in the county working cash fund under
Section |
6-27001 or Section 6-29002 of the Counties Code, as the | ||
case may
be;
| ||
(14.3) The Chief Judge of the Judicial Circuit may | ||
establish reasonable
fees to be paid by a person receiving | ||
pretrial services while under supervision
of a pretrial | ||
services agency, probation department, or court services
| ||
department. Reasonable fees may be charged for pretrial | ||
services
including, but not limited to, pretrial | ||
supervision, diversion programs,
electronic monitoring, | ||
victim impact services, drug and alcohol testing, DNA | ||
testing, GPS electronic monitoring, assessments and | ||
evaluations related to domestic violence and other | ||
victims, and
victim mediation services. The person | ||
receiving pretrial services may be
ordered to pay all costs | ||
incidental to pretrial services in accordance with his
or | ||
her ability to pay those costs;
| ||
(14.4) For persons charged with violating Section | ||
11-501 of the Illinois
Vehicle Code, refrain from operating | ||
a motor vehicle not equipped with an
ignition interlock | ||
device, as defined in Section 1-129.1 of the Illinois
| ||
Vehicle Code,
pursuant to the rules promulgated by the | ||
Secretary of State for the
installation of ignition
| ||
interlock devices. Under this condition the court may allow | ||
a defendant who is
not
self-employed to operate a vehicle | ||
owned by the defendant's employer that is
not equipped with | ||
an ignition interlock device in the course and scope of the
|
defendant's employment;
| ||
(15) Comply with the terms and conditions of an order | ||
of protection
issued by the court under the Illinois | ||
Domestic Violence Act of 1986 or an
order of protection | ||
issued by the court of another state, tribe, or United
| ||
States territory;
| ||
(16) Under Section 110-6.5 comply with the conditions | ||
of the drug testing
program; and
| ||
(17) Such other reasonable conditions as the court may | ||
impose.
| ||
(c) When a person is charged with an offense under Section | ||
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| ||
12-14.1,
12-15 or 12-16 of the " Criminal Code of 1961 " or the | ||
Criminal Code of 2012 , involving a victim who is a
minor under | ||
18 years of age living in the same household with the defendant
| ||
at the time of the offense, in granting bail or releasing the | ||
defendant on
his own recognizance, the judge shall impose | ||
conditions to restrict the
defendant's access to the victim | ||
which may include, but are not limited to
conditions that he | ||
will:
| ||
1. Vacate the Household.
| ||
2. Make payment of temporary support to his dependents.
| ||
3. Refrain from contact or communication with the child | ||
victim, except
as ordered by the court.
| ||
(d) When a person is charged with a criminal offense and | ||
the victim is
a family or household member as defined in |
Article 112A, conditions shall
be imposed at the time of the | ||
defendant's release on bond that restrict the
defendant's | ||
access to the victim.
Unless provided otherwise by the court, | ||
the
restrictions shall include
requirements that the defendant | ||
do the following:
| ||
(1) refrain from contact or communication with the | ||
victim for a
minimum period of 72 hours following the | ||
defendant's release; and
| ||
(2) refrain from entering or remaining at the victim's | ||
residence for a
minimum period of 72 hours following the | ||
defendant's release.
| ||
(e) Local law enforcement agencies shall develop | ||
standardized bond forms
for use in cases involving family or | ||
household members as defined in
Article 112A, including | ||
specific conditions of bond as provided in
subsection (d). | ||
Failure of any law enforcement department to develop or use
| ||
those forms shall in no way limit the applicability and | ||
enforcement of
subsections (d) and (f).
| ||
(f) If the defendant is admitted to bail after conviction | ||
the
conditions of the bail bond shall be that he will, in | ||
addition to the
conditions set forth in subsections (a) and (b) | ||
hereof:
| ||
(1) Duly prosecute his appeal;
| ||
(2) Appear at such time and place as the court may | ||
direct;
| ||
(3) Not depart this State without leave of the court;
|
(4) Comply with such other reasonable conditions as the | ||
court may
impose; and
| ||
(5) If the judgment is affirmed or the cause reversed | ||
and remanded
for a new trial, forthwith surrender to the | ||
officer from whose custody
he was bailed.
| ||
(g) Upon a finding of guilty for any felony offense, the | ||
defendant shall
physically surrender, at a time and place | ||
designated by the court,
any and all firearms in his or her | ||
possession and his or her Firearm Owner's
Identification Card | ||
as a condition of remaining on bond pending sentencing.
| ||
(Source: P.A. 96-340, eff. 8-11-09; 96-1551, eff. 7-1-11; | ||
97-401, eff. 1-1-12; 97-1109, eff. 1-1-13.)
| ||
(725 ILCS 5/110-12) (from Ch. 38, par. 110-12)
| ||
Sec. 110-12. Notice of change of address.
| ||
A defendant who has been admitted to bail shall file a | ||
written notice with the
clerk of the court before which the | ||
proceeding is pending of any change in
his or her address | ||
within 24 hours after such change, except that a
defendant who
| ||
has been admitted to bail for a forcible felony as defined in | ||
Section 2-8 of
the Criminal Code of 2012 1961 shall
file a | ||
written notice with the clerk of the court before which the | ||
proceeding
is pending and the clerk shall immediately deliver a | ||
time stamped copy of the
written notice to the State's Attorney | ||
charged with the prosecution within 24
hours prior to such | ||
change. The address of a defendant who has been admitted
to |
bail shall at all times remain a matter of public record with | ||
the clerk of
the court.
| ||
(Source: P.A. 89-377, eff. 8-18-95.)
| ||
(725 ILCS 5/111-1) (from Ch. 38, par. 111-1)
| ||
Sec. 111-1. Methods of prosecution.
| ||
When authorized by law a prosecution may be commenced by:
| ||
(a) A complaint;
| ||
(b) An information;
| ||
(c) An indictment.
| ||
Upon commencement of a prosecution for a violation of | ||
Section
11-501 of the The Illinois Vehicle Code, or a similar | ||
provision of a local
ordinance, or Section 9-3 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 , as amended,
relating | ||
to the offense of reckless homicide, the victims of these | ||
offenses
shall have all the rights under this Section as they | ||
do in Section 4 of the
Bill of Rights for Victims and Witnesses | ||
of Violent Crime Act.
| ||
For the purposes of this Section "victim" shall mean an | ||
individual
who has suffered personal injury as a result of the | ||
commission of a
violation of Section 11-501 of the The Illinois | ||
Vehicle Code, or a similar
provision of a local ordinance, or | ||
Section 9-3 of the Criminal Code of
1961 or the Criminal Code | ||
of 2012 , as amended, relating to the offense of reckless | ||
homicide. In regard
to a violation of Section 9-3 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 , as amended,
|
relating to the offense of reckless homicide, "victim" shall | ||
also include,
but not be limited to, spouse, guardian, parent, | ||
or other family member.
| ||
(Source: P.A. 84-272.)
| ||
(725 ILCS 5/111-2) (from Ch. 38, par. 111-2)
| ||
Sec. 111-2. Commencement of prosecutions.
| ||
(a) All prosecutions of
felonies shall be by information or | ||
by indictment. No prosecution may be
pursued by information | ||
unless a preliminary hearing has been held or
waived in | ||
accordance with Section 109-3 and at that hearing probable
| ||
cause to believe the defendant committed an offense was found, | ||
and the
provisions of Section 109-3.1 of this Code have been | ||
complied with.
| ||
(b) All other prosecutions may be by indictment, | ||
information or
complaint.
| ||
(c) Upon the filing of an information or indictment in open
| ||
court charging the defendant with the commission of a sex | ||
offense
defined in any Section of Article 11 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 ,
as amended, and a | ||
minor as defined in Section 1-3 of the Juvenile
Court Act of | ||
1987 , as amended, is alleged to be the victim of the
commission | ||
of the acts of the defendant in the commission of
such offense, | ||
the court may appoint a guardian ad litem for the
minor as | ||
provided in Section 2-17, 3-19, 4-16 or 5-610 of the
Juvenile | ||
Court Act of 1987.
|
(d) Upon the filing of an information or indictment in open | ||
court,
the court shall immediately issue a warrant for the | ||
arrest of each
person charged with an offense directed to a | ||
peace officer or some other
person specifically named | ||
commanding him to arrest such person.
| ||
(e) When the offense is bailable, the judge shall endorse | ||
on the
warrant the amount of bail required by the order of the | ||
court, and if
the court orders the process returnable | ||
forthwith, the warrant shall
require that the accused be | ||
arrested and brought immediately into court.
| ||
(f) Where the prosecution of a felony is by information or | ||
complaint
after preliminary hearing, or after a waiver of | ||
preliminary hearing in
accordance with paragraph (a) of this | ||
Section, such prosecution may be
for all offenses, arising from | ||
the same transaction or conduct of a
defendant even though the | ||
complaint or complaints filed at the
preliminary hearing | ||
charged only one or some of the offenses arising
from that | ||
transaction or conduct.
| ||
(Source: P.A. 90-590, eff. 1-1-99.)
| ||
(725 ILCS 5/111-3) (from Ch. 38, par. 111-3)
| ||
Sec. 111-3. Form of charge.
| ||
(a) A charge shall be in writing and allege the commission | ||
of an
offense by:
| ||
(1) Stating the name of the offense;
| ||
(2) Citing the statutory provision alleged to have been |
violated;
| ||
(3) Setting forth the nature and elements of the | ||
offense charged;
| ||
(4) Stating the date and county of the offense as | ||
definitely as can be
done; and
| ||
(5) Stating the name of the accused, if known, and if | ||
not known,
designate the accused by any name or description | ||
by which he can be
identified with reasonable certainty.
| ||
(b) An indictment shall be signed by the foreman of the | ||
Grand Jury and
an information shall be signed by the State's | ||
Attorney and sworn to by him
or another. A complaint shall be | ||
sworn to and signed by the complainant; provided, that when a | ||
peace officer observes the commission of a misdemeanor
and is | ||
the complaining witness, the signing of the complaint by the | ||
peace
officer is sufficient to charge the defendant with the | ||
commission of the
offense, and the complaint need not be sworn | ||
to if the officer signing the
complaint certifies that the | ||
statements set forth in the complaint are true and
correct and | ||
are subject to the penalties provided by law for false
| ||
certification
under Section 1-109 of the Code of Civil | ||
Procedure and perjury under Section
32-2 of the Criminal Code | ||
of 2012 1961 ; and further provided
, however, that when a | ||
citation is issued on a Uniform Traffic
Ticket or Uniform | ||
Conservation Ticket (in a form prescribed by the
Conference of | ||
Chief Circuit Judges and filed with the Supreme Court), the
| ||
copy of such Uniform Ticket which is filed with the circuit |
court
constitutes a complaint to which the defendant may plead, | ||
unless he
specifically requests that a verified complaint be | ||
filed.
| ||
(c) When the State seeks an enhanced sentence because of a | ||
prior
conviction, the charge shall also state the intention to | ||
seek an enhanced
sentence and shall state such prior conviction | ||
so as to give notice to the
defendant. However, the fact of | ||
such prior conviction and the State's
intention to seek an | ||
enhanced sentence are not elements of the offense and
may not | ||
be disclosed to the jury during trial unless otherwise | ||
permitted by
issues properly raised during such trial.
For the | ||
purposes of this Section, "enhanced sentence" means a sentence
| ||
which is increased by a prior conviction from one | ||
classification of offense
to another higher level | ||
classification of offense set forth in Section
5-4.5-10
of the | ||
Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not | ||
include an increase in the sentence applied within the
same | ||
level of classification of offense.
| ||
(c-5) Notwithstanding any other provision of law, in all | ||
cases in which
the
imposition of the death penalty is not a | ||
possibility, if an alleged fact (other
than the fact of a prior | ||
conviction) is not an element of an offense but is
sought to be | ||
used to increase the range of penalties for the offense beyond | ||
the
statutory maximum that could otherwise be imposed for the | ||
offense, the alleged
fact must be included in the charging | ||
instrument or otherwise provided to the
defendant through a |
written notification before trial, submitted to a trier
of fact | ||
as an aggravating factor, and proved beyond a reasonable doubt.
| ||
Failure to prove the fact beyond a reasonable doubt is not a | ||
bar to a
conviction
for commission of the offense, but is a bar | ||
to increasing, based on that fact,
the range of penalties for | ||
the offense beyond the statutory maximum that could
otherwise | ||
be imposed for that offense. Nothing in this subsection (c-5)
| ||
requires the
imposition of a sentence that increases the range | ||
of penalties for the offense
beyond the statutory maximum that | ||
could otherwise be imposed for the offense if
the imposition of | ||
that sentence is not required by law.
| ||
(d) At any time prior to trial, the State on motion shall | ||
be permitted
to amend the charge, whether brought by | ||
indictment, information or
complaint, to make the charge comply | ||
with subsection (c) or (c-5) of this
Section. Nothing in | ||
Section 103-5 of this Code precludes such an
amendment or a | ||
written notification made in accordance with subsection (c-5) | ||
of
this Section.
| ||
(e) The provisions of subsection (a) of Section 5-4.5-95 of | ||
the Unified Code of Corrections (730 ILCS 5/5-4.5-95)
shall not | ||
be affected by this Section.
| ||
(Source: P.A. 95-1052, eff. 7-1-09; 96-1206, eff. 1-1-11.)
| ||
(725 ILCS 5/111-4)
| ||
Sec. 111-4. Joinder of offenses and defendants.
| ||
(a) Two or more offenses may be charged in the same |
indictment,
information or complaint in a separate count for | ||
each offense if the
offenses charged, whether felonies or | ||
misdemeanors or both, are based on
the same act or on 2 or more | ||
acts which are part of the same comprehensive
transaction.
| ||
(b) Two or more defendants may be charged in the same | ||
indictment,
information or complaint if they are alleged to | ||
have participated in the
same act or in the same comprehensive | ||
transaction out of which the offense
or offenses arose. Such | ||
defendants may be charged in one or more counts
together or | ||
separately and all of the defendants need not be charged in
| ||
each count.
| ||
(c) Two or more acts or transactions in violation of any | ||
provision or
provisions of Sections 8A-2, 8A-3, 8A-4, 8A-4A and | ||
8A-5 of the Illinois
Public Aid Code, Section 14 of the | ||
Illinois Wage Payment and Collection Act, Sections 16-1, | ||
16-1.3, 16-2, 16-3, 16-5, 16-7, 16-8, 16-10, 16-25, 16-30, | ||
16A-3,
16B-2, 16G-15, 16G-20, 16H-15, 16H-20, 16H-25, 16H-30, | ||
16H-45, 16H-50, 16H-55, 17-1, 17-3, 17-6, 17-30, 17-56, or | ||
17-60, or item (ii) of subsection (a) or (b) of Section 17-9, | ||
or subdivision (a)(2) of Section 17-10.5, or subsection (a), | ||
(b), (c), (d), (g), (h), or (i) of Section 17-10.6, or | ||
subsection (a) of Section 17-32 of the Criminal Code of
1961 or | ||
the Criminal Code of 2012 and Section 118 of Division I of the | ||
Criminal Jurisprudence Act, may
be charged as a single offense | ||
in a single count of the same indictment,
information or | ||
complaint, if such acts or transactions by one or more
|
defendants are in furtherance of a single intention and design | ||
or if the
property, labor or services obtained are of the same | ||
person or are of
several persons having a common interest in | ||
such property, labor or
services. In such a charge, the period | ||
between the dates of the first and
the final such acts or | ||
transactions may be alleged as the date of the
offense and, if | ||
any such act or transaction by any defendant was committed
in | ||
the county where the prosecution was commenced, such county may | ||
be
alleged as the county of the offense.
| ||
(Source: P.A. 96-354, eff. 8-13-09; 96-1207, eff. 7-22-10; | ||
96-1407, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, eff. | ||
8-12-11; 97-597, eff. 1-1-12.)
| ||
(725 ILCS 5/111-8) (from Ch. 38, par. 111-8)
| ||
Sec. 111-8. Orders of protection to prohibit domestic | ||
violence.
| ||
(a) Whenever
a violation of Section 9-1, 9-2, 9-3, 10-3, | ||
10-3.1, 10-4, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||
11-1.60, 11-14.3 that involves soliciting for a prostitute, | ||
11-14.4 that involves soliciting for a juvenile prostitute, | ||
11-15, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, 11-20a, 12-1,
| ||
12-2,
12-3, 12-3.05, 12-3.2, 12-3.3, 12-3.5, 12-4, 12-4.1, | ||
12-4.3,
12-4.6, 12-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5, | ||
12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 19-4, 19-6, 21-1, | ||
21-2, 21-3, or 26.5-2
of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 or Section 1-1 of the Harassing and |
Obscene Communications Act is alleged in an information, | ||
complaint or indictment
on file, and the alleged offender and | ||
victim are family or household members,
as defined in the | ||
Illinois Domestic Violence Act, as now or hereafter amended,
| ||
the People through the respective State's Attorneys may by | ||
separate petition
and upon notice to the defendant, except as | ||
provided in subsection (c) herein,
request the court to issue | ||
an order of protection.
| ||
(b) In addition to any other remedies specified in Section | ||
208 of the
Illinois Domestic Violence Act, as now or hereafter | ||
amended, the order may
direct the defendant
to initiate no | ||
contact with the alleged victim or victims who are family
or | ||
household members and to refrain from entering the residence, | ||
school
or place of business of the alleged victim or victims.
| ||
(c) The court may grant emergency relief without notice | ||
upon a showing
of immediate and present danger of abuse to the | ||
victim or minor children of the
victim and may enter a | ||
temporary order pending notice and full hearing on the
matter.
| ||
(Source: P.A. 96-1551, Article 1, Section 965, eff. 7-1-11; | ||
P.A. 96-1551, Article 2, Section 1040, eff. 7-1-11; 97-1108, | ||
eff. 1-1-13; 97-1109, eff. 1-1-13.)
| ||
(725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)
| ||
Sec. 112A-3. Definitions. For the purposes of this Article, | ||
the
following terms shall have the following meanings:
| ||
(1) "Abuse" means physical abuse, harassment, intimidation |
of a
dependent, interference with personal liberty or willful | ||
deprivation but
does not include reasonable direction of a | ||
minor child by a parent or
person in loco parentis.
| ||
(2) "Domestic violence" means abuse as described in | ||
paragraph (1).
| ||
(3) "Family or household members" include spouses, former | ||
spouses,
parents, children, stepchildren and other persons | ||
related by blood or
by present or prior marriage, persons who | ||
share or formerly shared a
common dwelling, persons who have or | ||
allegedly have a child in common, persons
who share or | ||
allegedly share a blood relationship through a child, persons | ||
who
have or have had a dating or engagement relationship, | ||
persons with disabilities
and their personal assistants, and | ||
caregivers as defined in paragraph (3) of
subsection (b) of | ||
Section 12-21 or in subsection (e) of Section 12-4.4a of the | ||
Criminal Code of 2012 1961 .
For purposes of this paragraph, | ||
neither a casual acquaintanceship nor
ordinary fraternization | ||
between 2 individuals in business or social
contexts shall be | ||
deemed to constitute a dating relationship.
| ||
(4) "Harassment" means knowing conduct which
is not | ||
necessary to accomplish a purpose which is reasonable under the
| ||
circumstances; would cause a reasonable person emotional | ||
distress; and
does cause emotional distress to the petitioner.
| ||
Unless the presumption is rebutted by a preponderance of the | ||
evidence, the
following types of conduct shall be presumed to | ||
cause emotional distress:
|
(i) creating a disturbance at petitioner's place of | ||
employment or school;
| ||
(ii) repeatedly telephoning petitioner's place of | ||
employment, home or
residence;
| ||
(iii) repeatedly following petitioner about in a | ||
public place or places;
| ||
(iv) repeatedly keeping petitioner under surveillance | ||
by remaining
present outside his or her home, school, place | ||
of employment, vehicle or
other place occupied by | ||
petitioner or by peering in petitioner's windows;
| ||
(v) improperly concealing a minor child from | ||
petitioner, repeatedly
threatening to improperly remove a | ||
minor child of petitioner's from the
jurisdiction or from | ||
the physical care of petitioner, repeatedly threatening to
| ||
conceal a minor child from petitioner, or making a single | ||
such threat following
an actual or attempted improper | ||
removal or concealment, unless respondent was
fleeing from | ||
an incident or pattern of domestic violence; or
| ||
(vi) threatening physical force, confinement or | ||
restraint on one or more
occasions.
| ||
(5) "Interference with personal liberty" means committing | ||
or threatening
physical abuse, harassment, intimidation or | ||
willful deprivation so as to
compel another to engage in | ||
conduct from which she or he has a right to
abstain or to | ||
refrain from conduct
in which she or he has a right to engage.
| ||
(6) "Intimidation of a dependent" means subjecting a person |
who is
dependent because of age, health or disability to | ||
participation in or the
witnessing of: physical force against | ||
another or physical confinement or
restraint of another which | ||
constitutes physical abuse as defined in this
Article, | ||
regardless of whether the abused person is a family or | ||
household member.
| ||
(7) "Order of protection" means an emergency order, interim | ||
order or
plenary order, granted pursuant to this Article, which | ||
includes any or all
of the remedies authorized by Section | ||
112A-14 of this Code.
| ||
(8) "Petitioner" may mean not only any named petitioner for | ||
the order of
protection and any named victim of abuse on whose | ||
behalf the petition
is brought, but also any other person | ||
protected by this Article.
| ||
(9) "Physical abuse" includes sexual abuse and means any of | ||
the following:
| ||
(i) knowing or reckless use of physical force, | ||
confinement or restraint;
| ||
(ii) knowing, repeated and unnecessary sleep | ||
deprivation; or
| ||
(iii) knowing or reckless conduct which creates an | ||
immediate
risk of physical harm.
| ||
(9.5) "Stay away" means for the respondent to refrain from | ||
both physical presence and nonphysical contact with the | ||
petitioner whether direct, indirect (including, but not | ||
limited to, telephone calls, mail, email, faxes, and written |
notes), or through third parties who may or may not know about | ||
the order of protection.
| ||
(10) "Willful deprivation" means wilfully denying a person | ||
who because of
age, health or disability requires medication, | ||
medical care, shelter,
accessible shelter or services, food, | ||
therapeutic device, or other physical
assistance, and thereby | ||
exposing that person to the risk of physical, mental or
| ||
emotional harm, except with regard to medical care and | ||
treatment when such
dependent person has expressed the intent | ||
to forgo such medical care or
treatment. This paragraph does | ||
not create any new affirmative duty to provide
support to | ||
dependent persons.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
(725 ILCS 5/112A-11.1) | ||
Sec. 112A-11.1. Procedure for determining whether certain | ||
misdemeanor crimes
are crimes of domestic violence for purposes | ||
of federal
law. | ||
(a) When a defendant has been charged with a violation of | ||
Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 , the State | ||
may, at arraignment or no later than 45 days after arraignment, | ||
for the purpose of notification to the Department of State | ||
Police Firearm Owner's Identification Card Office, serve on the | ||
defendant and file with the court a notice alleging that | ||
conviction of the offense would subject the defendant to the |
prohibitions of 18 U.S.C. 922(g)(9) because of the relationship | ||
between the defendant and the alleged victim and the nature of | ||
the alleged offense. | ||
(b) The notice shall include the name of the person alleged | ||
to be the victim of the crime and shall specify the nature of | ||
the alleged relationship as set forth in 18 U.S.C. | ||
921(a)(33)(A)(ii). It shall also specify the element of the | ||
charged offense which requires the use or attempted use of | ||
physical force, or the threatened use of a deadly weapon, as | ||
set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include | ||
notice that the defendant is entitled to a hearing on the | ||
allegation contained in the notice and that if the allegation | ||
is sustained, that determination and conviction shall be | ||
reported to the Department of State Police Firearm Owner's | ||
Identification Card Office. | ||
(c) After having been notified as provided in subsection | ||
(b) of this Section, the defendant may stipulate or admit, | ||
orally on the record or in writing, that conviction of the | ||
offense would subject the defendant to the prohibitions of 18 | ||
U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C. | ||
922(g)(9) shall be deemed established for purposes of Section | ||
112A-11.2. If the defendant denies the applicability of 18 | ||
U.S.C. 922(g)(9) as alleged in the notice served by the State, | ||
or stands mute with respect to that allegation, then the State | ||
shall bear the burden to prove beyond a reasonable doubt that | ||
the offense is one to which the prohibitions of 18 U.S.C. |
922(g)(9) apply. The court may consider reliable hearsay | ||
evidence submitted by either party provided that it is relevant | ||
to the determination of the allegation. Facts previously proven | ||
at trial or elicited at the time of entry of a plea of guilty | ||
shall be deemed established beyond a reasonable doubt and shall | ||
not be relitigated. At the conclusion of the hearing, or upon a | ||
stipulation or admission, as applicable, the court shall make a | ||
specific written determination with respect to the allegation.
| ||
(Source: P.A. 97-1131, eff. 1-1-13.) | ||
(725 ILCS 5/112A-11.2) | ||
Sec. 112A-11.2. Notification to the Department of State | ||
Police Firearm Owner's Identification Card Office of
| ||
determinations in certain misdemeanor cases. Upon judgment of | ||
conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, | ||
12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 when the defendant has been determined, under | ||
Section 112A-11.1, to be subject to the prohibitions of 18 | ||
U.S.C. 922(g)(9), the circuit court clerk shall include | ||
notification and a copy of the written determination in a | ||
report of the conviction to the Department of State Police | ||
Firearm Owner's Identification Card Office to enable the office | ||
to report that determination to the Federal Bureau of | ||
Investigation and assist the Bureau in identifying persons | ||
prohibited from purchasing and possessing a firearm pursuant to | ||
the provisions of 18 U.S.C. 922.
|
(Source: P.A. 97-1131, eff. 1-1-13.)
| ||
(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| ||
Sec. 112A-14. Order of protection; remedies.
| ||
(a) Issuance of order. If the court finds that petitioner | ||
has been
abused by a family or household member, as defined in | ||
this Article, an
order of protection prohibiting such abuse | ||
shall issue; provided that
petitioner must also satisfy the | ||
requirements of one of the following
Sections, as appropriate: | ||
Section 112A-17 on emergency orders, Section
112A-18 on interim | ||
orders, or Section 112A-19 on
plenary orders.
Petitioner shall | ||
not be denied an order of protection because petitioner or
| ||
respondent is a minor. The court, when determining whether or | ||
not to issue
an order of protection, shall not require physical | ||
manifestations of abuse
on the person of the victim. | ||
Modification and extension of prior orders of
protection shall | ||
be in accordance with this Article.
| ||
(b) Remedies and standards. The remedies to be included in | ||
an order of
protection shall be determined in accordance with | ||
this Section and one of
the following Sections, as appropriate: | ||
Section 112A-17 on
emergency orders,
Section 112A-18 on interim | ||
orders, and Section 112A-19 on
plenary orders.
The remedies | ||
listed in this subsection shall be in addition to other civil
| ||
or criminal remedies available to petitioner.
| ||
(1) Prohibition of abuse. Prohibit respondent's | ||
harassment,
interference with personal liberty, |
intimidation of a dependent, physical
abuse or willful | ||
deprivation, as defined in this Article, if such abuse has
| ||
occurred or otherwise appears likely to occur if not | ||
prohibited.
| ||
(2) Grant of exclusive possession of residence. | ||
Prohibit respondent
from entering or remaining in any | ||
residence, household, or premises of the petitioner,
| ||
including one owned or leased by respondent, if petitioner | ||
has a right
to occupancy thereof. The grant of exclusive | ||
possession of the residence, household, or premises
shall | ||
not affect title to real property, nor shall the court be | ||
limited by
the standard set forth in Section 701 of the | ||
Illinois Marriage and
Dissolution of Marriage Act.
| ||
(A) Right to occupancy. A party has a right to | ||
occupancy of a
residence or household if it is
solely | ||
or jointly owned or leased by that party, that party's | ||
spouse, a
person with a legal duty to support that | ||
party or a minor child in that
party's care, or by any | ||
person or entity other than the opposing party that
| ||
authorizes that party's occupancy (e.g., a domestic | ||
violence shelter).
Standards set forth in subparagraph | ||
(B) shall not preclude equitable relief.
| ||
(B) Presumption of hardships. If petitioner and | ||
respondent
each has the right to occupancy of a | ||
residence or household, the court
shall balance (i) the | ||
hardships to respondent and any minor child or
|
dependent adult in respondent's care resulting from | ||
entry of this remedy with (ii)
the hardships to | ||
petitioner and any minor child or dependent adult in
| ||
petitioner's care resulting from continued exposure to | ||
the risk of abuse (should
petitioner remain at the | ||
residence or household) or from loss of possession
of | ||
the residence or household (should petitioner leave to | ||
avoid the risk
of abuse). When determining the balance | ||
of hardships, the court shall also
take into account | ||
the accessibility of the residence or household.
| ||
Hardships need not be balanced if respondent does not | ||
have a right to occupancy.
| ||
The balance of hardships is presumed to favor | ||
possession by
petitioner unless the presumption is | ||
rebutted by a preponderance of the
evidence, showing | ||
that the hardships to respondent substantially | ||
outweigh
the hardships to petitioner and any minor | ||
child or dependent adult in petitioner's
care. The | ||
court, on the request of petitioner or on its own | ||
motion,
may order respondent to provide suitable, | ||
accessible, alternate housing
for petitioner instead | ||
of
excluding respondent from a mutual residence or | ||
household.
| ||
(3) Stay away order and additional prohibitions.
Order | ||
respondent to stay away from petitioner or any other person
| ||
protected by the order of protection, or prohibit |
respondent from entering
or remaining present at | ||
petitioner's school, place of employment, or other
| ||
specified places at times when petitioner is present, or | ||
both, if
reasonable, given
the balance of hardships. | ||
Hardships need not be balanced for the court
to enter a | ||
stay away order or prohibit entry
if respondent has no | ||
right to enter the premises.
| ||
If an order of protection grants petitioner exclusive | ||
possession
of the residence, or prohibits respondent from | ||
entering the residence,
or orders respondent to stay away | ||
from petitioner or other
protected persons, then the court | ||
may allow respondent access to the
residence to remove | ||
items of clothing and personal adornment
used exclusively | ||
by respondent, medications, and other items as the court | ||
directs.
The right to access shall be exercised on only one | ||
occasion as the court directs
and in the presence of an | ||
agreed-upon adult third party or law enforcement officer.
| ||
(4) Counseling. Require or recommend the respondent to | ||
undergo
counseling for a specified duration with a social | ||
worker, psychologist,
clinical psychologist, psychiatrist, | ||
family service agency, alcohol or
substance abuse program, | ||
mental health center guidance counselor, agency
providing | ||
services to elders, program designed for domestic violence
| ||
abusers or any other guidance service the court deems | ||
appropriate. The court may order the respondent in any | ||
intimate partner relationship to report to an Illinois |
Department of Human Services protocol approved partner | ||
abuse intervention program for an assessment and to follow | ||
all recommended treatment.
| ||
(5) Physical care and possession of the minor child. In | ||
order to protect
the minor child from abuse, neglect, or | ||
unwarranted separation from the person
who has been the | ||
minor child's primary caretaker, or to otherwise protect | ||
the
well-being of the minor child, the court may do either | ||
or both of the following:
(i) grant petitioner physical | ||
care or possession of the minor child, or both, or
(ii) | ||
order respondent to return a minor child to, or not remove | ||
a minor child
from, the physical care of a parent or person | ||
in loco parentis.
| ||
If a court finds, after a hearing, that respondent has | ||
committed abuse
(as defined in Section 112A-3) of a minor | ||
child, there shall be a
rebuttable presumption that | ||
awarding physical care to respondent would not
be in the | ||
minor child's best interest.
| ||
(6) Temporary legal custody.
Award temporary legal | ||
custody to petitioner in accordance with this Section,
the | ||
Illinois Marriage
and Dissolution of Marriage Act, the | ||
Illinois Parentage Act of 1984,
and this State's Uniform | ||
Child-Custody
Jurisdiction and Enforcement Act.
| ||
If a court finds, after a hearing, that respondent
has | ||
committed abuse (as defined in Section 112A-3) of a
minor | ||
child, there shall be a rebuttable presumption that |
awarding
temporary legal custody to respondent would not be | ||
in the
child's best interest.
| ||
(7) Visitation. Determine the
visitation rights, if | ||
any, of respondent in any case in which the court
awards | ||
physical care or temporary legal custody of a minor child | ||
to
petitioner. The court shall restrict or deny | ||
respondent's visitation with
a minor child if
the court | ||
finds that respondent has done or is likely to do any of | ||
the
following: (i) abuse or endanger the minor child during | ||
visitation; (ii) use the
visitation as an opportunity to | ||
abuse or harass petitioner or
petitioner's family or | ||
household members; (iii) improperly conceal or
detain the | ||
minor child; or (iv) otherwise act in a manner that is not | ||
in
the best interests of the minor child. The court shall | ||
not be limited by the
standards set forth in Section 607.1 | ||
of the Illinois Marriage and
Dissolution of Marriage Act. | ||
If the court grants visitation, the order
shall specify | ||
dates and times for the visitation to take place or other
| ||
specific parameters or conditions that are appropriate. No | ||
order for
visitation shall refer merely to the term | ||
"reasonable visitation".
| ||
Petitioner may deny respondent access to the minor | ||
child if, when
respondent arrives for visitation, | ||
respondent is under the influence of drugs
or alcohol and | ||
constitutes a threat to the safety and well-being of
| ||
petitioner or petitioner's minor children or is behaving in |
a violent or abusive manner.
| ||
If necessary to protect any member of petitioner's | ||
family or
household from future abuse, respondent shall be | ||
prohibited from coming to
petitioner's residence to meet | ||
the minor child for visitation, and the
parties shall | ||
submit to the court their recommendations for reasonable
| ||
alternative arrangements for visitation. A person may be | ||
approved to
supervise visitation only after filing an | ||
affidavit accepting
that responsibility and acknowledging | ||
accountability to the court.
| ||
(8) Removal or concealment of minor child.
Prohibit | ||
respondent from
removing a minor child from the State or | ||
concealing the child within the
State.
| ||
(9) Order to appear. Order the respondent to
appear in | ||
court, alone
or with a minor child, to prevent abuse, | ||
neglect, removal or concealment of
the child, to return the | ||
child to the custody or care of the petitioner or
to permit | ||
any court-ordered interview or examination of the child or | ||
the
respondent.
| ||
(10) Possession of personal property. Grant petitioner | ||
exclusive
possession of personal property and, if | ||
respondent has possession or
control, direct respondent to | ||
promptly make it available to petitioner, if:
| ||
(i) petitioner, but not respondent, owns the | ||
property; or
| ||
(ii) the parties own the property jointly; sharing |
it would risk
abuse of petitioner by respondent or is | ||
impracticable; and the balance of
hardships favors | ||
temporary possession by petitioner.
| ||
If petitioner's sole claim to ownership of the property | ||
is that it is
marital property, the court may award | ||
petitioner temporary possession
thereof under the | ||
standards of subparagraph (ii) of this paragraph only if
a | ||
proper proceeding has been filed under the Illinois | ||
Marriage and
Dissolution of Marriage Act, as now or | ||
hereafter amended.
| ||
No order under this provision shall affect title to | ||
property.
| ||
(11) Protection of property. Forbid the respondent | ||
from taking,
transferring, encumbering, concealing, | ||
damaging or otherwise disposing of
any real or personal | ||
property, except as explicitly authorized by the
court, if:
| ||
(i) petitioner, but not respondent, owns the | ||
property; or
| ||
(ii) the parties own the property jointly,
and the | ||
balance of hardships favors granting this remedy.
| ||
If petitioner's sole claim to ownership of the property | ||
is that it is
marital property, the court may grant | ||
petitioner relief under subparagraph
(ii) of this | ||
paragraph only if a proper proceeding has been filed under | ||
the
Illinois Marriage and Dissolution of Marriage Act, as | ||
now or hereafter amended.
|
The court may further prohibit respondent from | ||
improperly using the
financial or other resources of an | ||
aged member of the family or household
for the profit or | ||
advantage of respondent or of any other person.
| ||
(11.5) Protection of animals. Grant the petitioner the | ||
exclusive care, custody, or control of any animal owned, | ||
possessed, leased, kept, or held by either the petitioner | ||
or the respondent or a minor child residing in the | ||
residence or household of either the petitioner or the | ||
respondent and order the respondent to stay away from the | ||
animal and forbid the respondent from taking, | ||
transferring, encumbering, concealing, harming, or | ||
otherwise disposing of the animal.
| ||
(12) Order for payment of support. Order
respondent to | ||
pay temporary
support for the petitioner or any child in | ||
the petitioner's care or
custody, when the respondent has a | ||
legal obligation to support that person,
in accordance with | ||
the Illinois Marriage and Dissolution
of Marriage Act, | ||
which shall govern, among other matters, the amount of
| ||
support, payment through the clerk and withholding of | ||
income to secure
payment. An order for child support may be | ||
granted to a petitioner with
lawful physical care or | ||
custody of a child, or an order or agreement for
physical | ||
care or custody, prior to entry of an order for legal | ||
custody.
Such a support order shall expire upon entry of a | ||
valid order granting
legal custody to another, unless |
otherwise provided in the custody order.
| ||
(13) Order for payment of losses. Order
respondent to | ||
pay petitioner
for losses suffered as a direct result of | ||
the abuse. Such losses shall
include, but not be limited | ||
to, medical expenses, lost earnings or other
support, | ||
repair or replacement of property damaged or taken, | ||
reasonable
attorney's fees, court costs and moving or other | ||
travel expenses, including
additional reasonable expenses | ||
for temporary shelter and restaurant meals.
| ||
(i) Losses affecting family needs. If a party is | ||
entitled to seek
maintenance, child support or | ||
property distribution from the other party
under the | ||
Illinois Marriage and Dissolution of Marriage Act, as | ||
now or
hereafter amended, the court may order | ||
respondent to reimburse petitioner's
actual losses, to | ||
the extent that such reimbursement would be | ||
"appropriate
temporary relief", as authorized by | ||
subsection (a)(3) of
Section 501 of that Act.
| ||
(ii) Recovery of expenses. In the case of an | ||
improper concealment
or removal of a minor child, the | ||
court may order respondent to pay the reasonable
| ||
expenses incurred or to be incurred in the search for | ||
and recovery of the
minor child, including but not | ||
limited to legal fees, court costs, private
| ||
investigator fees, and travel costs.
| ||
(14) Prohibition of entry. Prohibit the respondent |
from entering or
remaining in the residence or household | ||
while the respondent is under the
influence of alcohol or | ||
drugs and constitutes a threat to the safety and
well-being | ||
of the petitioner or the petitioner's children.
| ||
(14.5) Prohibition of firearm possession. | ||
(a) Prohibit a respondent against whom an order of | ||
protection was issued from possessing any firearms | ||
during the duration of the order if the order: | ||
(1) was issued after a hearing of which such | ||
person received
actual notice, and at which such | ||
person had an opportunity to
participate; | ||
(2) restrains such person from harassing, | ||
stalking, or
threatening an intimate partner of | ||
such person or child of such
intimate partner or | ||
person, or engaging in other conduct that
would | ||
place an intimate partner in reasonable fear of | ||
bodily
injury to the partner or child; and | ||
(3)(i) includes a finding that such person | ||
represents a
credible threat to the physical | ||
safety of such intimate partner
or child; or
(ii) | ||
by its terms explicitly prohibits the use, | ||
attempted
use, or threatened use of physical force | ||
against such intimate
partner or child that would | ||
reasonably be expected to cause
bodily injury. | ||
Any firearms in the
possession of the respondent, | ||
except as provided in subsection (b), shall be ordered |
by the court to be turned
over to the local law | ||
enforcement agency for safekeeping. The court shall | ||
issue an order that the respondent's Firearm Owner's | ||
Identification Card be turned over to the local law | ||
enforcement agency, which in turn shall immediately | ||
mail the card to the Department of State Police Firearm | ||
Owner's Identification Card Office for safekeeping.
| ||
The period of safekeeping shall be for the duration of | ||
the order of protection. The firearm or firearms and | ||
Firearm Owner's Identification Card, if unexpired, | ||
shall at the respondent's request be returned to the | ||
respondent at expiration of the order of protection.
| ||
(b) If the respondent is a peace officer as defined | ||
in Section 2-13 of
the
Criminal Code of 2012 1961 , the | ||
court shall order that any firearms used by the
| ||
respondent in the performance of his or her duties as a
| ||
peace officer be surrendered to
the chief law | ||
enforcement executive of the agency in which the | ||
respondent is
employed, who shall retain the firearms | ||
for safekeeping for the duration of the order of | ||
protection.
| ||
(c) Upon expiration of the period of safekeeping, | ||
if the firearms or Firearm Owner's Identification Card | ||
cannot be returned to respondent because respondent | ||
cannot be located, fails to respond to requests to | ||
retrieve the firearms, or is not lawfully eligible to |
possess a firearm, upon petition from the local law | ||
enforcement agency, the court may order the local law | ||
enforcement agency to destroy the firearms, use the | ||
firearms for training purposes, or for any other | ||
application as deemed appropriate by the local law | ||
enforcement agency; or that the firearms be turned over | ||
to a third party who is lawfully eligible to possess | ||
firearms, and who does not reside with respondent.
| ||
(15) Prohibition of access to records. If an order of | ||
protection
prohibits respondent from having contact with | ||
the minor child,
or if petitioner's address is omitted | ||
under subsection (b) of
Section 112A-5, or if necessary to | ||
prevent abuse or wrongful removal or
concealment of a minor | ||
child, the order shall deny respondent access to, and
| ||
prohibit respondent from inspecting, obtaining, or | ||
attempting to
inspect or obtain, school or any other | ||
records of the minor child
who is in the care of | ||
petitioner.
| ||
(16) Order for payment of shelter services. Order | ||
respondent to
reimburse a shelter providing temporary | ||
housing and counseling services to
the petitioner for the | ||
cost of the services, as certified by the shelter
and | ||
deemed reasonable by the court.
| ||
(17) Order for injunctive relief. Enter injunctive | ||
relief necessary
or appropriate to prevent further abuse of | ||
a family or household member or
to effectuate one of the |
granted remedies, if supported by the balance of
hardships. | ||
If the harm to be prevented by the injunction is abuse or | ||
any
other harm that one of the remedies listed in | ||
paragraphs (1) through (16)
of this subsection is designed | ||
to prevent, no further evidence is necessary
to establish | ||
that the harm is an irreparable injury.
| ||
(c) Relevant factors; findings.
| ||
(1) In determining whether to grant a
specific remedy, | ||
other than payment of support, the
court shall consider | ||
relevant factors, including but not limited to the
| ||
following:
| ||
(i) the nature, frequency, severity, pattern and | ||
consequences of the
respondent's past abuse of the | ||
petitioner or any family or household
member, | ||
including the concealment of his or her location in | ||
order to evade
service of process or notice, and the | ||
likelihood of danger of future abuse to
petitioner or
| ||
any member of petitioner's or respondent's family or | ||
household; and
| ||
(ii) the danger that any minor child will be abused | ||
or neglected or
improperly removed from the | ||
jurisdiction, improperly concealed within the
State or | ||
improperly separated from the child's primary | ||
caretaker.
| ||
(2) In comparing relative hardships resulting to the | ||
parties from loss
of possession of the family home, the |
court shall consider relevant
factors, including but not | ||
limited to the following:
| ||
(i) availability, accessibility, cost, safety, | ||
adequacy, location and other
characteristics of | ||
alternate housing for each party and any minor child or
| ||
dependent adult in the party's care;
| ||
(ii) the effect on the party's employment; and
| ||
(iii) the effect on the relationship of the party, | ||
and any minor
child or dependent adult in the party's | ||
care, to family, school, church
and community.
| ||
(3) Subject to the exceptions set forth in paragraph | ||
(4) of this
subsection, the court shall make its findings | ||
in an official record or in
writing, and shall at a minimum | ||
set forth the following:
| ||
(i) That the court has considered the applicable | ||
relevant factors
described in paragraphs (1) and (2) of | ||
this subsection.
| ||
(ii) Whether the conduct or actions of respondent, | ||
unless
prohibited, will likely cause irreparable harm | ||
or continued abuse.
| ||
(iii) Whether it is necessary to grant the | ||
requested relief in order
to protect petitioner or | ||
other alleged abused persons.
| ||
(4) For purposes of issuing an ex parte emergency order | ||
of protection,
the court, as an alternative to or as a | ||
supplement to making the findings
described in paragraphs |
(c)(3)(i) through (c)(3)(iii) of this subsection, may use
| ||
the following procedure:
| ||
When a verified petition for an emergency order of | ||
protection in
accordance with the requirements of Sections | ||
112A-5 and 112A-17 is
presented to the court, the court | ||
shall examine petitioner on oath or
affirmation. An | ||
emergency order of protection shall be issued by the court
| ||
if it appears from the contents of the petition and the | ||
examination of
petitioner that the averments are | ||
sufficient to indicate abuse by
respondent and to support | ||
the granting of relief under the issuance of the
emergency | ||
order of protection.
| ||
(5) Never married parties. No rights or | ||
responsibilities for a minor
child born outside of marriage | ||
attach to a putative father until a father and
child | ||
relationship has been established under the Illinois | ||
Parentage Act of
1984. Absent such an adjudication, no | ||
putative father shall be granted
temporary custody of the | ||
minor child, visitation with the minor child, or
physical | ||
care
and possession of the minor child, nor shall
an order | ||
of payment for support of the minor child be entered.
| ||
(d) Balance of hardships; findings. If the court finds that | ||
the balance
of hardships does not support the granting of a | ||
remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| ||
subsection (b) of this Section,
which may require such | ||
balancing, the court's findings shall so
indicate and shall |
include a finding as to whether granting the remedy will
result | ||
in hardship to respondent that would substantially outweigh the | ||
hardship
to petitioner
from denial of the remedy. The findings | ||
shall be an official record or in
writing.
| ||
(e) Denial of remedies. Denial of any remedy shall not be | ||
based, in
whole or in part, on evidence that:
| ||
(1) Respondent has cause for any use of force, unless | ||
that cause
satisfies the standards for justifiable use of | ||
force provided by Article
7 VII of the Criminal Code of | ||
2012 1961 ;
| ||
(2) Respondent was voluntarily intoxicated;
| ||
(3) Petitioner acted in self-defense or defense of | ||
another, provided
that, if petitioner utilized force, such | ||
force was justifiable under
Article 7 VII of the Criminal | ||
Code of 2012 1961 ;
| ||
(4) Petitioner did not act in self-defense or defense | ||
of another;
| ||
(5) Petitioner left the residence or household to avoid | ||
further abuse
by respondent;
| ||
(6) Petitioner did not leave the residence or household | ||
to avoid further
abuse by respondent;
| ||
(7) Conduct by any family or household member excused | ||
the abuse by
respondent, unless that same conduct would | ||
have excused such abuse if the
parties had not been family | ||
or household members.
| ||
(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11; |
97-158, eff. 1-1-12; 97-1131, eff. 1-1-13.)
| ||
(725 ILCS 5/112A-16) (from Ch. 38, par. 112A-16)
| ||
Sec. 112A-16. Accountability for Actions of Others. For the | ||
purposes of
issuing an order of protection,
deciding what | ||
remedies should be included and enforcing the order, Article
5 | ||
of the Criminal Code of 2012 1961 shall govern whether | ||
respondent is legally
accountable for the conduct of another | ||
person.
| ||
(Source: P.A. 84-1305.)
| ||
(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
| ||
Sec. 112A-23. Enforcement of orders of protection.
| ||
(a) When violation is crime. A violation of any order of | ||
protection,
whether issued in a civil, quasi-criminal | ||
proceeding, shall be
enforced by a
criminal court when:
| ||
(1) The respondent commits the crime of violation of an | ||
order of
protection pursuant to Section 12-3.4 or 12-30 of | ||
the Criminal Code of
1961 or the Criminal Code of 2012 , by
| ||
having knowingly violated:
| ||
(i) remedies described in paragraphs (1), (2), | ||
(3), (14),
or
(14.5)
of subsection (b) of Section | ||
112A-14,
| ||
(ii) a remedy, which is substantially similar to | ||
the remedies
authorized
under paragraphs (1), (2), | ||
(3), (14) or (14.5) of subsection (b) of Section 214
of |
the Illinois Domestic Violence Act of 1986, in a valid | ||
order of protection,
which is authorized under the laws | ||
of another state, tribe or United States
territory,
| ||
(iii) or any other remedy when the act
constitutes | ||
a crime against the protected parties as defined by the | ||
Criminal
Code of 1961 or the Criminal Code of 2012 .
| ||
Prosecution for a violation of an order of protection shall
| ||
not bar concurrent prosecution for any other crime, including | ||
any crime
that may have been committed at the time of the | ||
violation of the order
of protection; or
| ||
(2) The respondent commits the crime of child abduction | ||
pursuant
to Section 10-5 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 , by having knowingly violated:
| ||
(i) remedies described in paragraphs (5), (6) or | ||
(8) of subsection
(b)
of
Section 112A-14, or
| ||
(ii) a remedy, which is substantially similar to | ||
the remedies
authorized
under paragraphs (1),
(5), | ||
(6), or (8) of subsection (b) of Section 214
of the | ||
Illinois Domestic Violence Act of 1986, in a valid | ||
order of protection,
which is authorized under the laws | ||
of another state, tribe or United States
territory.
| ||
(b) When violation is contempt of court. A violation of any | ||
valid order of protection, whether issued in a civil or | ||
criminal
proceeding, may be enforced through civil or criminal | ||
contempt procedures,
as appropriate, by any court with | ||
jurisdiction, regardless where the act or
acts which violated |
the order of protection were committed, to the extent
| ||
consistent with the venue provisions of this Article. Nothing | ||
in this
Article shall preclude any Illinois court from | ||
enforcing any valid order of
protection issued in another | ||
state. Illinois courts may enforce orders of
protection through | ||
both criminal prosecution and contempt proceedings,
unless the | ||
action which is second in time is barred by collateral estoppel
| ||
or the constitutional prohibition against double jeopardy.
| ||
(1) In a contempt proceeding where the petition for a | ||
rule to show
cause sets forth facts evidencing an immediate | ||
danger that the
respondent will flee the jurisdiction, | ||
conceal a child, or inflict physical
abuse on the | ||
petitioner or minor children or on dependent adults in
| ||
petitioner's care, the court may order the
attachment of | ||
the respondent without prior service of the rule to show
| ||
cause or the petition for a rule to show cause. Bond shall | ||
be set unless
specifically denied in writing.
| ||
(2) A petition for a rule to show cause for violation | ||
of an order of
protection shall be treated as an expedited | ||
proceeding.
| ||
(c) Violation of custody or support orders. A violation of | ||
remedies
described in paragraphs (5), (6), (8), or (9) of | ||
subsection (b) of Section
112A-14 may be enforced by any remedy | ||
provided by Section 611 of
the Illinois Marriage and | ||
Dissolution of Marriage Act. The court may
enforce any order | ||
for support issued under paragraph (12) of subsection (b)
of |
Section 112A-14 in the manner provided for under Parts
V and | ||
VII of the
Illinois Marriage and Dissolution of Marriage Act.
| ||
(d) Actual knowledge. An order of protection may be
| ||
enforced pursuant to this Section if the respondent violates | ||
the order
after respondent has actual knowledge of its contents
| ||
as shown through one of the following means:
| ||
(1) By service, delivery, or notice under Section | ||
112A-10.
| ||
(2) By notice under Section 112A-11.
| ||
(3) By service of an order of protection under Section | ||
112A-22.
| ||
(4) By other means demonstrating actual knowledge of | ||
the contents of the order.
| ||
(e) The enforcement of an order of protection in civil or | ||
criminal court
shall not be affected by either of the | ||
following:
| ||
(1) The existence of a separate, correlative order | ||
entered under Section
112A-15.
| ||
(2) Any finding or order entered in a conjoined | ||
criminal proceeding.
| ||
(f) Circumstances. The court, when determining whether or | ||
not a
violation of an order of protection has occurred, shall | ||
not require
physical manifestations of abuse on the person of | ||
the victim.
| ||
(g) Penalties.
| ||
(1) Except as provided in paragraph (3) of this
|
subsection, where the court finds the commission of a crime | ||
or contempt of
court under subsections (a) or (b) of this | ||
Section, the penalty shall be
the penalty that generally | ||
applies in such criminal or contempt
proceedings, and may | ||
include one or more of the following: incarceration,
| ||
payment of restitution, a fine, payment of attorneys' fees | ||
and costs, or
community service.
| ||
(2) The court shall hear and take into account evidence | ||
of any factors
in aggravation or mitigation before deciding | ||
an appropriate penalty under
paragraph (1) of this | ||
subsection.
| ||
(3) To the extent permitted by law, the court is | ||
encouraged to:
| ||
(i) increase the penalty for the knowing violation | ||
of
any order of protection over any penalty previously | ||
imposed by any court
for respondent's violation of any | ||
order of protection or penal statute
involving | ||
petitioner as victim and respondent as defendant;
| ||
(ii) impose a minimum penalty of 24 hours | ||
imprisonment for respondent's
first violation of any | ||
order of protection; and
| ||
(iii) impose a minimum penalty of 48 hours | ||
imprisonment for
respondent's second or subsequent | ||
violation of an order of protection
| ||
unless the court explicitly finds that an increased penalty | ||
or that
period of imprisonment would be manifestly unjust.
|
(4) In addition to any other penalties imposed for a | ||
violation of an
order of protection, a criminal court may | ||
consider evidence of any
violations of an order of | ||
protection:
| ||
(i) to increase, revoke or modify the bail bond on | ||
an underlying
criminal charge pursuant to Section | ||
110-6;
| ||
(ii) to revoke or modify an order of probation, | ||
conditional discharge or
supervision, pursuant to | ||
Section 5-6-4 of the Unified Code of Corrections;
| ||
(iii) to revoke or modify a sentence of periodic | ||
imprisonment, pursuant
to Section 5-7-2 of the Unified | ||
Code of Corrections.
| ||
(Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11 .)
| ||
(725 ILCS 5/112A-26) (from Ch. 38, par. 112A-26)
| ||
Sec. 112A-26. Arrest without warrant.
| ||
(a) Any law enforcement officer may
make an arrest without
| ||
warrant if the officer has probable cause to believe that the | ||
person has
committed or is committing any crime, including but | ||
not limited to
violation of an order of protection, under | ||
Section 12-3.4 or 12-30 of the Criminal
Code of 1961 or the | ||
Criminal Code of 2012 , even if the crime was not committed in | ||
the presence of the
officer.
| ||
(b) The law enforcement officer may verify the existence of | ||
an order of
protection by telephone or radio communication with |
his or her law enforcement
agency or by referring to the copy | ||
of the order provided by petitioner
or respondent.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
(725 ILCS 5/112A-30) (from Ch. 38, par. 112A-30)
| ||
Sec. 112A-30. Assistance by law enforcement officers.
| ||
(a) Whenever a law enforcement officer has reason to | ||
believe that a person
has been abused by a family or household | ||
member, the officer shall immediately
use all reasonable means | ||
to prevent further abuse, including:
| ||
(1) Arresting the abusing party, where appropriate;
| ||
(2) If there is probable cause to believe that | ||
particular weapons were
used to commit the incident of | ||
abuse, subject to constitutional limitations,
seizing and | ||
taking inventory of the weapons;
| ||
(3) Accompanying the victim of abuse to his or her | ||
place of residence for
a reasonable period of time to | ||
remove necessary personal belongings and
possessions;
| ||
(4) Offering the victim of abuse immediate and adequate | ||
information
(written in a language appropriate for the | ||
victim or in Braille or communicated
in appropriate sign | ||
language), which shall include a summary of the procedures
| ||
and relief available to victims of abuse under subsection | ||
(c) of Section
112A-17 and the officer's name and badge | ||
number;
| ||
(5) Providing the victim with one referral to an |
accessible service
agency;
| ||
(6) Advising the victim of abuse about seeking medical | ||
attention and
preserving evidence (specifically including | ||
photographs of injury or damage
and damaged clothing or | ||
other property); and
| ||
(7) Providing or arranging accessible transportation | ||
for the victim of
abuse (and, at the victim's request, any | ||
minors or dependents in the
victim's care) to a medical | ||
facility for treatment of injuries or to a
nearby place of | ||
shelter or safety; or, after the close of court business
| ||
hours, providing or arranging for transportation for the | ||
victim (and, at
the victim's request, any minors or | ||
dependents in the victim's care) to the
nearest available | ||
circuit judge or associate judge so the victim may file a
| ||
petition for an emergency order of protection under | ||
subsection (c) of
Section 112A-17. When a victim of abuse | ||
chooses to leave the scene of the
offense, it shall be | ||
presumed that it is in the best interests of any minors or
| ||
dependents in the victim's care to remain with the victim | ||
or a person
designated by the victim, rather than to remain | ||
with the abusing party.
| ||
(b) Whenever a law enforcement officer does not exercise | ||
arrest powers
or otherwise initiate criminal proceedings, the | ||
officer shall:
| ||
(1) Make a police report of the investigation of any | ||
bona fide allegation
of an incident of abuse and the |
disposition of the investigation, in accordance
with | ||
subsection (a) of Section 112A-29;
| ||
(2) Inform the victim of abuse of the victim's right to | ||
request that a
criminal proceeding be initiated where | ||
appropriate, including specific times
and places for | ||
meeting with the State's Attorney's office, a warrant | ||
officer,
or other official in accordance with local | ||
procedure; and
| ||
(3) Advise the victim of the importance of seeking | ||
medical attention
and preserving evidence (specifically | ||
including photographs of injury
or damage and damaged | ||
clothing or other property).
| ||
(c) Except as provided by Section 24-6 of the Criminal Code | ||
of 2012 1961 or
under a court order, any weapon seized under | ||
subsection (a)(2) shall be
returned forthwith to the person | ||
from whom it was seized when it is no longer
needed for | ||
evidentiary purposes.
| ||
(Source: P.A. 87-1186; 88-498.)
| ||
(725 ILCS 5/114-1) (from Ch. 38, par. 114-1)
| ||
Sec. 114-1. Motion to dismiss charge.
| ||
(a) Upon the written motion of the defendant made prior to | ||
trial before
or after a plea has been entered the court may | ||
dismiss the indictment,
information or complaint upon any of | ||
the following grounds:
| ||
(1) The defendant has not been placed on trial in |
compliance
with Section 103-5 of this Code.
| ||
(2) The prosecution of the offense is barred by | ||
Sections 3-3 through
3-8 of the Criminal Code of 2012 1961, | ||
as
heretofore and hereafter amended .
| ||
(3) The defendant has received immunity from | ||
prosecution for the offense
charged.
| ||
(4) The indictment was returned by a Grand Jury which | ||
was improperly
selected and which results in substantial | ||
injustice to the defendant.
| ||
(5) The indictment was returned by a Grand Jury which | ||
acted contrary to
Article 112 of this Code and which | ||
results in substantial injustice to the
defendant.
| ||
(6) The court in which the charge has been filed does | ||
not have
jurisdiction.
| ||
(7) The county is an improper place of trial.
| ||
(8) The charge does not state an offense.
| ||
(9) The indictment is based solely upon the testimony | ||
of an incompetent
witness.
| ||
(10) The defendant is misnamed in the charge and the | ||
misnomer results in
substantial injustice to the | ||
defendant.
| ||
(11) The requirements of Section 109-3.1 have not been | ||
complied with.
| ||
(b) The court shall require any motion to dismiss to be | ||
filed within a
reasonable time after the defendant has been | ||
arraigned. Any motion not
filed within such time or an |
extension thereof shall not be considered by
the court and the | ||
grounds therefor, except as to subsections (a)(6) and
(a)(8) of | ||
this Section, are waived.
| ||
(c) If the motion presents only an issue of law the court | ||
shall
determine it without the necessity of further pleadings. | ||
If the motion
alleges facts not of record in the case the State | ||
shall file an answer
admitting or denying each of the factual | ||
allegations of the motion.
| ||
(d) When an issue of fact is presented by a motion to | ||
dismiss and the
answer of the State the court shall conduct a | ||
hearing and determine the
issues.
| ||
(d-5) When a defendant seeks dismissal of the charge upon | ||
the ground set
forth in subsection (a)(7) of this Section, the | ||
defendant shall make a prima
facie showing that the county is | ||
an improper place of trial. Upon such
showing, the State shall | ||
have the burden of proving, by a preponderance of
the evidence, | ||
that the county is the proper place of trial.
| ||
(e) Dismissal of the charge upon the grounds set forth in | ||
subsections
(a)(4) through (a)(11) of this Section shall not | ||
prevent the return of a
new indictment or the filing of a new | ||
charge, and upon such dismissal
the court may order that the | ||
defendant be held in custody or, if the
defendant had been | ||
previously released on bail, that the bail be continued for a | ||
specified time pending the return of a new
indictment or the | ||
filing of a new charge.
| ||
(f) If the court determines that the motion to dismiss |
based upon the
grounds set forth in subsections (a)(6) and | ||
(a)(7) is well founded it
may, instead of dismissal, order the | ||
cause transferred to a court of
competent jurisdiction or to a | ||
proper place of trial.
| ||
(Source: P.A. 92-16, eff. 6-28-01.)
| ||
(725 ILCS 5/114-4) (from Ch. 38, par. 114-4)
| ||
Sec. 114-4. Motion for continuance.
| ||
(a) The defendant or the State may move for a continuance. | ||
If the
motion is made more than 30 days after arraignment the | ||
court shall require
that it be in writing and supported by | ||
affidavit.
| ||
(b) A written motion for continuance made by defendant more | ||
than 30 days
after arraignment may be granted when:
| ||
(1) Counsel for the defendant is ill, has died, or is | ||
held to trial
in another cause; or
| ||
(2) Counsel for the defendant has been unable to | ||
prepare for trial
because of illness or because he has been | ||
held to trial in another
cause; or
| ||
(3) A material witness is unavailable and the defense | ||
will be
prejudiced by the absence of his testimony; | ||
however, this shall not be a
ground for continuance if the | ||
State will stipulate that the testimony of
the witness | ||
would be as alleged; or
| ||
(4) The defendant cannot stand trial because of | ||
physical or mental
incompetency; or
|
(5) Pre-trial publicity concerning the case has caused | ||
a prejudice
against defendant on the part of the community; | ||
or
| ||
(6) The amendment of a charge or a bill of particulars | ||
has taken the
defendant by surprise and he cannot fairly | ||
defend against such an
amendment without a continuance.
| ||
(c) A written motion for continuance made by the State more | ||
than 30 days
after arraignment may be granted when:
| ||
(1) The prosecutor assigned to the case is ill, has | ||
died, or is held
to trial in another cause; or
| ||
(2) A material witness is unavailable and the | ||
prosecution will be
prejudiced by the absence of his | ||
testimony; however this shall not be a
ground for | ||
continuance if the defendant will stipulate that the
| ||
testimony of the witness would be as alleged; or
| ||
(3) Pre-trial publicity concerning the case has caused | ||
a prejudice
against the prosecution on the part of the | ||
community.
| ||
(d) The court may upon the written motion of either party | ||
or upon the
court's own motion order a continuance for grounds | ||
not stated in
subsections (b) and (c) of this Section if he | ||
finds that the interests
of justice so require.
| ||
(e) All motions for continuance are addressed to the | ||
discretion of
the trial court and shall be considered in the | ||
light of the diligence
shown on the part of the movant. Where 1 | ||
year has expired since the filing
of an information or |
indictments, filed after January 1, 1980, if the court
finds | ||
that the State has failed to use due diligence in bringing the | ||
case
to trial, the court may, after a hearing had on the cause, | ||
on its own
motion, dismiss the information or indictment. Any | ||
demand that the
defendant had made for a speedy trial under | ||
Section 103-5 of this code
shall not abate if the State files a | ||
new information or the grand jury
reindicts in the cause.
| ||
After a hearing has been held upon the issue of the State's | ||
diligence and
the court has found that the State has failed to | ||
use due diligence in pursuing
the prosecution, the court may | ||
not dismiss the indictment or information
without granting the | ||
State one more court date upon which to proceed. Such
date | ||
shall be not less than 14 nor more than 30 days from the date of | ||
the
court's finding. If the State is not prepared to proceed | ||
upon that date,
the court shall dismiss the indictment or | ||
information, as provided in
this Section.
| ||
(f) After trial has begun a reasonably brief continuance | ||
may be
granted to either side in the interests of justice.
| ||
(g) During the time the General Assembly is in session, the | ||
court
shall, on motion of either party or on its own motion, | ||
grant a
continuance where the party or his attorney is a member | ||
of either house
of the General Assembly whose presence is | ||
necessary for the full, fair
trial of the cause and, in the | ||
case of an attorney, where the attorney
was retained by the | ||
party before the cause was set for trial.
| ||
(h) This Section shall be construed to the end that |
criminal cases
are tried with due diligence consonant with the | ||
rights of the defendant
and the State to a speedy, fair and | ||
impartial trial.
| ||
(i) Physical incapacity of a defendant may be grounds for a
| ||
continuance at any time. If, upon written motion of the | ||
defendant or the State
or upon the court's own motion, and | ||
after presentation of affidavits or
evidence, the court | ||
determines that the defendant is physically unable
to appear in | ||
court or to assist in his defense, or that such appearance
| ||
would endanger his health or result in substantial prejudice, a
| ||
continuance shall be granted. If such continuance precedes the
| ||
appearance of counsel for such defendant the court shall | ||
simultaneously
appoint counsel in the manner prescribed by | ||
Section 113-3 of this Act.
Such continuance shall suspend the | ||
provisions of Section 103-5 of this
Act, which periods of time | ||
limitation shall commence anew when the
court, after | ||
presentation of additional affidavits or evidence, has
| ||
determined that such physical incapacity has been | ||
substantially removed.
| ||
(j) In actions arising out of building code violations or | ||
violations
of municipal ordinances caused by the failure of a | ||
building or structure
to conform to the minimum standards of | ||
health and safety, the court shall
grant a continuance only | ||
upon a written motion by the party seeking the
continuance | ||
specifying the reason why such continuance should be granted.
| ||
(k) In prosecutions for violations of Section 10-1, 10-2, |
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| ||
12-14.1,
12-15 or 12-16 of the " Criminal Code of 1961 " or the | ||
Criminal Code of 2012 involving a victim or witness
who is a | ||
minor under 18 years of age, the court shall, in ruling on any
| ||
motion or other request for a delay or continuance of | ||
proceedings, consider
and give weight to the adverse impact the | ||
delay or continuance may have on
the well-being of a child or | ||
witness.
| ||
(l) The court shall consider the age of the victim and the | ||
condition
of the victim's health when ruling on a motion for a | ||
continuance.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
(725 ILCS 5/114-11) (from Ch. 38, par. 114-11)
| ||
Sec. 114-11. Motion to Suppress Confession.
| ||
(a) Prior to the trial of any criminal case a defendant may | ||
move to
suppress as evidence any confession given by him on the | ||
ground that it was
not voluntary.
| ||
(b) The motion shall be in writing and state facts showing | ||
wherein the
confession is involuntary.
| ||
(c) If the allegations of the motion state facts which, if | ||
true, show
that the confession was not voluntarily made the | ||
court shall conduct a
hearing into the merits of the motion.
| ||
(d) The burden of going forward with the evidence and the | ||
burden of
proving that a confession was voluntary shall be on | ||
the State. Objection to
the failure of the State to call all |
material witnesses on the issue of
whether the confession was | ||
voluntary must be made in the trial court.
| ||
(e) The motion shall be made only before a court with | ||
jurisdiction to
try the offense.
| ||
(f) The issue of the admissibility of the confession shall | ||
not be
submitted to the jury. The circumstances surrounding the | ||
making of the
confession may be submitted to the jury as | ||
bearing upon the credibility or
the weight to be given to the | ||
confession.
| ||
(g) The motion shall be made before trial unless | ||
opportunity therefor
did not exist or the defendant was not | ||
aware of the grounds for the motion.
If the motion is made | ||
during trial, and the court determines that the
motion is not | ||
untimely, and the court conducts a hearing on the merits and
| ||
enters an order suppressing the confession, the court shall | ||
terminate the
trial with respect to every defendant who was a | ||
party to the hearing and
who was within the scope of the order | ||
of suppression, without further
proceedings, unless the State | ||
files a written notice that there will be no
interlocutory | ||
appeal from such order of suppression. In the event of such
| ||
termination, the court shall proceed with the trial of other | ||
defendants not
thus affected. Such termination of trial shall | ||
be proper and shall not bar
subsequent prosecution of the | ||
identical charges and defendants; however, if
after such | ||
termination the State fails to prosecute the interlocutory
| ||
appeal until a determination of the merits of the appeal by the |
reviewing
court, the termination shall be improper within the | ||
meaning of subparagraph
(a) (3) of Section 3-4 of the " Criminal | ||
Code of 2012 1961", approved July 28,
1961, as amended, and | ||
subsequent prosecution of such defendants upon such
charges | ||
shall be barred.
| ||
(Source: P.A. 76-1096 .)
| ||
(725 ILCS 5/114-12) (from Ch. 38, par. 114-12)
| ||
Sec. 114-12. Motion to Suppress Evidence Illegally Seized.
| ||
(a) A defendant aggrieved by an unlawful search and seizure may | ||
move the
court for the return of property and to suppress as | ||
evidence anything so
obtained on the ground that:
| ||
(1) The search and seizure without a warrant was illegal; | ||
or
| ||
(2) The search and seizure with a warrant was illegal | ||
because the
warrant is insufficient on its face; the evidence | ||
seized is not that
described in the warrant; there was not | ||
probable cause for the issuance of
the warrant; or, the warrant | ||
was illegally executed.
| ||
(b) The motion shall be in writing and state facts showing | ||
wherein the
search and seizure were unlawful. The judge shall | ||
receive evidence on any
issue of fact necessary to determine | ||
the motion and the burden of proving
that the search and | ||
seizure were unlawful shall be on the defendant. If the
motion | ||
is granted the property shall be restored, unless otherwise | ||
subject
to lawful detention, and it shall not be admissible in |
evidence against the
movant at any trial.
| ||
(1) If a defendant seeks to suppress evidence because of | ||
the conduct of
a peace officer in obtaining the evidence, the | ||
State may urge that the
peace officer's conduct was taken in a | ||
reasonable and objective good faith belief that
the conduct was | ||
proper and that the evidence discovered should not be
| ||
suppressed if otherwise admissible. The court shall not | ||
suppress evidence
which is otherwise admissible in a criminal | ||
proceeding if the court
determines that the evidence was seized | ||
by a peace officer who acted in
good faith.
| ||
(2) "Good faith" means whenever a peace officer obtains | ||
evidence:
| ||
(i) pursuant to a search or an arrest warrant obtained from | ||
a neutral
and detached judge, which warrant is free from | ||
obvious defects other
than non-deliberate errors in | ||
preparation and contains no material
misrepresentation by any | ||
agent of the State, and the officer reasonably
believed the | ||
warrant to be valid; or
| ||
(ii) pursuant to a warrantless search incident to an arrest | ||
for violation of
a statute or local ordinance which is later | ||
declared unconstitutional or
otherwise invalidated.
| ||
(3) This amendatory Act of 1987 shall not be construed to | ||
limit the enforcement of any
appropriate civil remedy or | ||
criminal sanction in actions pursuant to other
provisions of | ||
law against any individual or government entity found to have
| ||
conducted an unreasonable search or seizure.
|
(4) This amendatory Act of 1987 does not apply to unlawful | ||
electronic
eavesdropping or wiretapping.
| ||
(c) The motion shall be made before trial unless | ||
opportunity therefor
did not exist or the defendant was not | ||
aware of the grounds for the motion.
If the motion is made | ||
during trial, and the court determines that the
motion is not | ||
untimely, and the court conducts a hearing on the merits and
| ||
enters an order suppressing the evidence, the court shall | ||
terminate the
trial with respect to every defendant who was a | ||
party to the hearing and
who was within the scope of the order | ||
of suppression, without further
proceedings, unless the State | ||
files a written notice that there will be no
interlocutory | ||
appeal from such order of suppression. In the event of such
| ||
termination, the court shall proceed with the trial of other | ||
defendants not
thus affected. Such termination of trial shall | ||
be proper and shall not bar
subsequent prosecution of the | ||
identical charges and defendants; however, if
after such | ||
termination the State fails to prosecute the interlocutory
| ||
appeal until a determination of the merits of the appeal by the | ||
reviewing
court, the termination shall be improper within the | ||
meaning of subparagraph
(a) (3) of Section 3-4 of the " Criminal | ||
Code of 2012 1961", approved July 28,
1961, as amended, and | ||
subsequent prosecution of such defendants upon such
charges | ||
shall be barred.
| ||
(d) The motion shall be made only before a court with | ||
jurisdiction to
try the offense.
|
(e) The order or judgment granting or denying the motion | ||
shall state the
findings of facts and conclusions of law upon | ||
which the order or judgment
is based.
| ||
(Source: P.A. 85-388.)
| ||
(725 ILCS 5/115-3) (from Ch. 38, par. 115-3)
| ||
Sec. 115-3. Trial by the Court. (a) A trial shall be | ||
conducted in
the presence of the defendant unless he waives the | ||
right to be present.
| ||
(b) Upon conclusion of the trial the court shall enter a | ||
general
finding, except that, when the affirmative defense of | ||
insanity has been
presented during the trial and acquittal is | ||
based solely upon the
defense of insanity, the court shall | ||
enter a finding of not guilty by
reason of insanity. In the | ||
event of a finding of not guilty by reason
of insanity, a | ||
hearing shall be held pursuant to the Mental Health and
| ||
Developmental Disabilities Code to determine whether the | ||
defendant is
subject to involuntary admission.
| ||
(c) When the defendant has asserted a defense of insanity, | ||
the court
may find the defendant guilty but mentally ill if, | ||
after hearing all of
the evidence, the court finds that:
| ||
(1) the State has proven beyond a reasonable doubt that the | ||
defendant
is guilty of the offense charged; and
| ||
(2) the defendant has failed to prove his insanity as | ||
required in
subsection (b) of Section 3-2 of the Criminal Code | ||
of 2012 1961, as amended, and
subsections (a), (b) and (e) of |
Section
6-2 of the Criminal Code of 2012 1961, as amended ; and
| ||
(3) the defendant has proven by a preponderance of the | ||
evidence that
he was mentally ill, as defined in subsections | ||
(c) and (d) of Section 6-2 of
the Criminal Code of 2012 1961, | ||
as amended, at the time of the offense.
| ||
(Source: P.A. 86-392.)
| ||
(725 ILCS 5/115-4) (from Ch. 38, par. 115-4)
| ||
Sec. 115-4.
Trial by Court and Jury.) (a) Questions of law | ||
shall be
decided by the court and questions of fact by the | ||
jury.
| ||
(b) The jury shall consist of 12 members.
| ||
(c) Upon request the parties shall be furnished with a list | ||
of
prospective jurors with their addresses if known.
| ||
(d) Each party may challenge jurors for cause.
If a | ||
prospective juror has a physical impairment, the court shall | ||
consider
such prospective juror's ability to perceive and | ||
appreciate the evidence
when considering a challenge for cause.
| ||
(e) A defendant tried alone shall be allowed 20 peremptory
| ||
challenges in a capital case, 10 in a case in which the | ||
punishment may
be imprisonment in the penitentiary, and 5 in | ||
all other cases; except
that, in a single trial of more than | ||
one defendant, each defendant shall
be allowed 12 peremptory | ||
challenges in a capital case, 6 in a case in
which the | ||
punishment may be imprisonment in the penitentiary, and 3 in
| ||
all other cases. If several charges against a defendant or |
defendants
are consolidated for trial, each defendant shall be | ||
allowed peremptory
challenges upon one charge only, which | ||
single charge shall be the charge
against that defendant | ||
authorizing the greatest maximum penalty. The
State shall be | ||
allowed the same number of peremptory challenges as all
of the | ||
defendants.
| ||
(f) After examination by the court the jurors may be | ||
examined,
passed upon, accepted and tendered by opposing | ||
counsel as provided by
Supreme Court rules.
| ||
(g) After the jury is impaneled and sworn the court may | ||
direct the
selection of 2 alternate jurors who shall take the | ||
same oath as the
regular jurors. Each party shall have one | ||
additional peremptory
challenge for each alternate juror. If | ||
before the final submission of a
cause a member of the jury | ||
dies or is discharged he shall be replaced by
an alternate | ||
juror in the order of selection.
| ||
(h) A trial by the court and jury shall be conducted in the | ||
presence
of the defendant unless he waives the right to be | ||
present.
| ||
(i) After arguments of counsel the court shall instruct the | ||
jury as
to the law.
| ||
(j) Unless the affirmative defense of insanity has been | ||
presented
during the trial, the jury shall return a general | ||
verdict as to each
offense charged. When the affirmative | ||
defense of insanity has been
presented during the trial, the | ||
court shall provide the jury not only
with general verdict |
forms but also with a special verdict form of not
guilty by | ||
reason of insanity, as to each offense charged, and in such
| ||
event the court shall separately instruct the jury that a | ||
special verdict
of not guilty by reason of insanity may be | ||
returned instead of a general
verdict but such special verdict | ||
requires a unanimous finding by the jury
that the defendant | ||
committed the acts charged but at the time of the
commission of | ||
those acts the defendant was insane. In the event of a
verdict | ||
of not guilty by reason of insanity, a hearing shall be held
| ||
pursuant to the Mental Health and Developmental Disabilities | ||
Code to
determine whether the defendant is subject to | ||
involuntary admission.
When the affirmative defense of | ||
insanity has been presented during the trial,
the court, where | ||
warranted by the evidence, shall also provide the jury
with a | ||
special verdict form of guilty but mentally ill, as to each | ||
offense
charged and shall separately instruct the jury that a | ||
special verdict of
guilty but mentally ill may be returned | ||
instead of a general verdict, but
that such special verdict | ||
requires a unanimous finding by the jury that:
(1) the State | ||
has proven beyond a reasonable doubt that the defendant is
| ||
guilty of the offense charged; and (2) the defendant has failed | ||
to prove
his insanity as required in subsection (b) of Section | ||
3-2 of the Criminal
Code of 2012 1961, as amended, and | ||
subsections (a), (b) and (e) of Section 6-2
of the Criminal | ||
Code of 2012 1961, as amended ; and (3) the defendant has proven
| ||
by a preponderance of the evidence that he was mentally ill, as |
defined in
subsections (c) and (d) of Section 6-2 of the | ||
Criminal Code of 2012 1961, as
amended, at the time of the | ||
offense.
| ||
(k) When, at the close of the State's evidence or at the | ||
close of
all of the evidence, the evidence is insufficient to | ||
support a finding
or verdict of guilty the court may and on | ||
motion of the defendant shall
make a finding or direct the jury | ||
to return a verdict of not guilty,
enter a judgment of | ||
acquittal and discharge the defendant.
| ||
(l) When the jury retires to consider its verdict an | ||
officer of the
court shall be appointed to keep them together | ||
and to prevent
conversation between the jurors and others; | ||
however, if any juror is deaf,
the jury may be accompanied by | ||
and may communicate with a court-appointed
interpreter during | ||
its deliberations. Upon agreement between the
State and | ||
defendant or his counsel the jury may seal and deliver its
| ||
verdict to the clerk of the court, separate, and then return | ||
such
verdict in open court at its next session.
| ||
(m) In the trial of a capital or other offense, any juror | ||
who is a
member of a panel or jury which has been impaneled and | ||
sworn as a panel
or as a jury shall be permitted to separate | ||
from other such jurors
during every period of adjournment to a | ||
later day, until final
submission of the cause to the jury for | ||
determination, except that no
such separation shall be | ||
permitted in any trial after the court, upon
motion by the | ||
defendant or the State or upon its own motion, finds a
|
probability that prejudice to the defendant or to the State | ||
will result
from such separation.
| ||
(n) The members of the jury shall be entitled to take notes | ||
during the
trial, and the sheriff of the county in which the | ||
jury is sitting shall
provide them with writing materials for | ||
this purpose. Such notes shall
remain confidential, and shall | ||
be destroyed by the sheriff after the verdict
has been returned | ||
or a mistrial declared.
| ||
(o) A defendant tried by the court and jury shall only be | ||
found guilty,
guilty but mentally ill, not guilty or not guilty | ||
by reason of insanity,
upon the unanimous verdict of the jury.
| ||
(Source: P.A. 86-392.)
| ||
(725 ILCS 5/115-6) (from Ch. 38, par. 115-6)
| ||
Sec. 115-6. Appointment of Psychiatrist or Clinical | ||
Psychologist. If the defendant has given notice that he may | ||
rely upon the defense of insanity
as defined in Section 6-2 of | ||
the Criminal Code of 2012 1961 or the defendant
indicates that | ||
he intends to plead guilty but mentally ill or the defense
of | ||
intoxicated or drugged condition as defined in Section 6-3 of | ||
the Criminal
Code of 2012 1961 or if the facts and | ||
circumstances of the case justify a reasonable
belief that the | ||
aforesaid defenses may be raised, the Court shall, on motion
of | ||
the State, order the defendant to submit to examination
by at | ||
least one clinical psychologist or psychiatrist, to be named by | ||
the
prosecuting attorney. The
Court shall also order the |
defendant to submit to an examination by one
neurologist, one | ||
clinical psychologist and one
electroencephalographer to be | ||
named by the prosecuting attorney if the
State asks for one or | ||
more of such additional examinations. The Court may
order | ||
additional examinations if the Court finds that additional
| ||
examinations by additional experts will be of substantial value | ||
in the
determination of issues of insanity or
drugged | ||
conditions. The reports of
such experts shall be made available | ||
to the defense. Any statements made by
defendant to such | ||
experts shall not be admissible against the defendant
unless he | ||
raises the defense of insanity or the defense of drugged
| ||
condition, in which case they shall be admissible only on the | ||
issue of
whether he was insane or drugged. The refusal of the | ||
defendant to cooperate
in such examinations shall not | ||
automatically preclude the raising of the aforesaid
defenses | ||
but shall preclude the defendant from offering expert evidence | ||
or
testimony tending to support such defenses if the expert | ||
evidence or
testimony is based upon the expert's examination of | ||
the defendant. If
the Court, after a hearing, determines to its | ||
satisfaction that the defendant's
refusal to cooperate was | ||
unreasonable it may, in its sound discretion, bar
any or all | ||
evidence upon the defense asserted.
| ||
(Source: P.A. 82-553.)
| ||
(725 ILCS 5/115-7) (from Ch. 38, par. 115-7)
| ||
Sec. 115-7. a. In prosecutions for predatory criminal |
sexual assault of a
child, aggravated criminal sexual assault,
| ||
criminal sexual assault, aggravated criminal sexual abuse,
| ||
criminal sexual abuse, or criminal transmission of HIV; and in
| ||
prosecutions for battery and aggravated battery, when the | ||
commission of the
offense involves sexual penetration or sexual | ||
conduct as defined in Section
11-0.1 of the Criminal Code of | ||
2012 1961 ; and with the trial or retrial of the
offenses | ||
formerly known as rape, deviate sexual assault, indecent | ||
liberties
with a child, and aggravated indecent liberties with | ||
a child, the prior
sexual activity or the reputation of the | ||
alleged victim or corroborating
witness under Section 115-7.3 | ||
of this Code is inadmissible except
(1) as evidence
concerning | ||
the past sexual conduct of the alleged victim or corroborating
| ||
witness under Section 115-7.3 of this Code with the accused
| ||
when
this evidence is offered by the accused upon the issue of | ||
whether the alleged
victim or corroborating witness under | ||
Section 115-7.3 of this Code
consented to the sexual conduct | ||
with respect to which the offense is
alleged; or (2) when | ||
constitutionally required to be admitted.
| ||
b. No evidence admissible under this Section shall be | ||
introduced unless
ruled admissible by the trial judge after an | ||
offer of proof has been made
at a hearing to be held in camera | ||
in order to determine whether the defense
has evidence to | ||
impeach the witness in the event that prior sexual activity
| ||
with the defendant is denied. Such offer of proof shall include
| ||
reasonably specific information as to the date, time and place |
of the past
sexual conduct
between the alleged victim or | ||
corroborating witness under Section 115-7.3 of
this Code and | ||
the defendant. Unless the court finds
that reasonably specific | ||
information as to date, time or place, or some
combination | ||
thereof, has been offered as to prior sexual activity with
the | ||
defendant, counsel for the defendant shall be ordered
to | ||
refrain from inquiring into prior sexual activity between the | ||
alleged
victim or corroborating witness under Section 115-7.3 | ||
of this Code and the
defendant.
The court shall not admit | ||
evidence under this Section unless it determines at
the hearing | ||
that the evidence is relevant and the probative value of the
| ||
evidence outweighs the danger of unfair prejudice. The evidence | ||
shall be
admissible at trial to the extent an order made by the | ||
court specifies the
evidence that may be admitted and areas | ||
with respect to which the alleged
victim or corroborating | ||
witness under Section 115-7.3 of this Code may be
examined or | ||
cross examined.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
(725 ILCS 5/115-7.2) (from Ch. 38, par. 115-7.2)
| ||
Sec. 115-7.2.
In a prosecution for an illegal sexual act | ||
perpetrated upon a
victim, including but not limited to | ||
prosecutions for violations of
Sections 11-1.20 through | ||
11-1.60 or 12-13 through 12-16 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 , or ritualized
abuse of a child under | ||
Section 12-33 of the Criminal Code of 1961 or the Criminal Code |
of 2012 , testimony
by
an expert, qualified by the court | ||
relating to any
recognized and accepted form of post-traumatic | ||
stress syndrome shall be
admissible as evidence.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
(725 ILCS 5/115-7.3)
| ||
Sec. 115-7.3. Evidence in certain cases.
| ||
(a) This Section applies to criminal cases in which:
| ||
(1) the defendant is accused of predatory criminal | ||
sexual assault of a
child, aggravated criminal sexual | ||
assault, criminal sexual assault, aggravated
criminal | ||
sexual abuse,
criminal sexual abuse, child pornography, | ||
aggravated child pornography, or criminal transmission of | ||
HIV;
| ||
(2) the defendant is accused of battery, aggravated | ||
battery, first degree murder, or second degree murder when | ||
the
commission of the offense involves sexual penetration | ||
or sexual conduct as
defined in Section 11-0.1 of the | ||
Criminal Code of 2012 1961 ; or
| ||
(3) the defendant is tried or retried for any of the | ||
offenses formerly
known as rape, deviate sexual assault, | ||
indecent liberties with a child, or
aggravated indecent | ||
liberties with a child.
| ||
(b) If the defendant is accused of an offense set forth in | ||
paragraph (1)
or (2) of subsection (a) or the defendant is | ||
tried or retried for any of the
offenses set forth in paragraph |
(3) of subsection (a), evidence of the
defendant's commission | ||
of another offense or offenses set forth in paragraph
(1), (2), | ||
or (3) of subsection (a), or evidence to rebut that proof or an
| ||
inference from that proof, may be admissible (if that evidence | ||
is otherwise
admissible under the rules of evidence) and may be | ||
considered for its bearing
on any matter to which it is | ||
relevant.
| ||
(c) In weighing the probative value of the evidence against | ||
undue
prejudice to the defendant, the court may consider:
| ||
(1) the proximity in time to the charged or predicate | ||
offense;
| ||
(2) the degree of factual similarity to the charged or | ||
predicate offense;
or
| ||
(3) other relevant facts and circumstances.
| ||
(d) In a criminal case in which the prosecution intends to | ||
offer evidence
under this Section, it must disclose the | ||
evidence, including statements of
witnesses or a summary of the | ||
substance of any testimony, at a reasonable time
in advance of | ||
trial, or during trial if the court excuses pretrial notice on
| ||
good cause shown.
| ||
(e) In a criminal case in which evidence is offered under | ||
this Section,
proof may be made by specific instances of | ||
conduct, testimony as to reputation,
or testimony in the form | ||
of an expert opinion, except that the prosecution may
offer
| ||
reputation testimony only after the opposing party has offered | ||
that
testimony.
|
(f) In prosecutions for a violation of Section 10-2, | ||
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-3.05, 12-4, | ||
12-13, 12-14,
12-14.1, 12-15, 12-16, or 18-5 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 , involving the
| ||
involuntary delivery
of a controlled substance to a victim, no | ||
inference may be made about the fact
that a victim did not | ||
consent to a test for the presence of controlled
substances.
| ||
(Source: P.A. 96-1551, eff. 7-1-11; 97-1109, eff. 1-1-13.)
| ||
(725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
| ||
Sec. 115-10. Certain hearsay exceptions.
| ||
(a) In a prosecution for a physical or sexual act | ||
perpetrated upon or
against a child under the age of 13, or a
| ||
person who was a moderately, severely, or
profoundly | ||
intellectually disabled person as
defined in this
Code and in | ||
Section 2-10.1 of the
Criminal Code of 1961 or the Criminal | ||
Code of 2012 at the time the act was committed, including but | ||
not
limited to prosecutions for violations of Sections 11-1.20 | ||
through 11-1.60 or 12-13 through 12-16 of the
Criminal Code of | ||
1961 or the Criminal Code of 2012 and prosecutions for | ||
violations of Sections
10-1 (kidnapping), 10-2 (aggravated | ||
kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated | ||
unlawful restraint), 10-4 (forcible detention), 10-5 (child | ||
abduction), 10-6 (harboring a runaway), 10-7 (aiding or | ||
abetting child abduction), 11-9 (public indecency), 11-11 | ||
(sexual relations within families), 11-21 (harmful material), |
12-1 (assault), 12-2 (aggravated assault), 12-3 (battery), | ||
12-3.2 (domestic battery), 12-3.3 (aggravated domestic | ||
battery), 12-3.05 or
12-4 (aggravated battery), 12-4.1 | ||
(heinous battery), 12-4.2 (aggravated battery with a firearm), | ||
12-4.3 (aggravated battery of a child), 12-4.7 (drug induced | ||
infliction of great bodily harm), 12-5 (reckless conduct), 12-6 | ||
(intimidation), 12-6.1 or 12-6.5 (compelling organization | ||
membership of persons), 12-7.1 (hate crime), 12-7.3 | ||
(stalking),
12-7.4 (aggravated stalking), 12-10 or 12C-35 | ||
(tattooing the body of a minor), 12-11 or 19-6 (home invasion), | ||
12-21.5 or 12C-10 (child abandonment), 12-21.6 or 12C-5 | ||
(endangering the life or health of a child) or 12-32 (ritual | ||
mutilation) of the Criminal Code of
1961 or the Criminal Code | ||
of 2012 or any sex offense as defined in subsection (B) of | ||
Section 2 of the Sex Offender Registration Act, the following | ||
evidence shall be admitted as an exception to the
hearsay rule:
| ||
(1) testimony by the victim of an out of court | ||
statement made by the
victim that he or
she complained of | ||
such act to another; and
| ||
(2) testimony of an out of court statement made by the | ||
victim describing
any complaint of such act or matter or | ||
detail pertaining to any act which is an
element of an | ||
offense which is the subject of a prosecution for a sexual | ||
or
physical act against that victim.
| ||
(b) Such testimony shall only be admitted if:
| ||
(1) The court finds in a hearing conducted outside the |
presence of the
jury that the time, content, and | ||
circumstances of the statement provide
sufficient | ||
safeguards of reliability; and
| ||
(2) The child or moderately, severely, or
profoundly | ||
intellectually disabled person either:
| ||
(A) testifies at the proceeding; or
| ||
(B) is unavailable as a witness and there is | ||
corroborative evidence of
the act which is the subject | ||
of the statement; and
| ||
(3) In a case involving an offense perpetrated against | ||
a child under the
age of 13, the out of court statement was | ||
made before the
victim attained 13 years of age or within 3 | ||
months after the commission of the
offense, whichever | ||
occurs later, but the statement may be admitted regardless
| ||
of the age of
the victim at the time of the proceeding.
| ||
(c) If a statement is admitted pursuant to this Section, | ||
the court shall
instruct the jury that it is for the jury to | ||
determine the weight and
credibility to be given the statement | ||
and that, in making the determination,
it shall consider the | ||
age and maturity of the child, or the
intellectual capabilities | ||
of the moderately,
severely,
or profoundly intellectually | ||
disabled
person, the nature of the statement, the circumstances | ||
under which the
statement was made, and any other relevant | ||
factor.
| ||
(d) The proponent of the statement shall give the adverse | ||
party
reasonable notice of his intention to offer the statement |
and the
particulars of the statement.
| ||
(e) Statements described in paragraphs (1) and (2) of | ||
subsection (a) shall
not be excluded on the basis that they | ||
were obtained as a result of interviews
conducted pursuant to a | ||
protocol adopted by a Child Advocacy Advisory Board as
set | ||
forth in subsections (c), (d), and (e) of Section 3 of the | ||
Children's
Advocacy Center Act or that an interviewer or | ||
witness to the interview was or
is an employee, agent, or | ||
investigator of a State's Attorney's office.
| ||
(Source: P.A. 96-710, eff. 1-1-10; 96-1551, Article 1, Section | ||
965, eff. 7-1-11; 96-1551, Article 2, Section 1040, eff. | ||
7-1-11; 97-227, eff. 1-1-12; 97-1108, eff. 1-1-13; 97-1109, | ||
eff. 1-1-13; revised 9-20-12.)
| ||
(725 ILCS 5/115-10.2a)
| ||
Sec. 115-10.2a.
Admissibility of prior statements in | ||
domestic violence
prosecutions when the witness is unavailable | ||
to testify.
| ||
(a) In a domestic violence prosecution, a statement, made | ||
by an
individual identified in Section 201 of the Illinois | ||
Domestic Violence Act of
1986 as a person protected by that | ||
Act, that is not specifically covered by
any other hearsay | ||
exception but having equivalent circumstantial guarantees
of | ||
trustworthiness, is not excluded by the hearsay rule if the | ||
declarant is
identified as unavailable as defined in subsection | ||
(c) and if the court
determines that:
|
(1) the statement is offered as evidence of a material | ||
fact; and
| ||
(2) the statement is more probative on the point for | ||
which it is offered
than
any other evidence which the | ||
proponent can procure through reasonable
efforts; and
| ||
(3) the general purposes of this Section and the | ||
interests of justice
will
best be served by admission of | ||
the statement into evidence.
| ||
(b) A statement may not be admitted under this exception | ||
unless the
proponent of
it
makes
known to the adverse party | ||
sufficiently in advance of the trial or hearing to
provide the | ||
adverse party with a fair opportunity to prepare to meet it, | ||
the
proponent's intention to offer the statement, and the | ||
particulars of the
statement,
including the name and address of | ||
the declarant.
| ||
(c) Unavailability as a witness includes circumstances in | ||
which the
declarant:
| ||
(1) is exempted by ruling of the court on the ground of | ||
privilege from
testifying concerning the subject matter of | ||
the declarant's
statement; or
| ||
(2) persists in refusing to testify concerning the | ||
subject matter of the
declarant's statement despite an | ||
order of the court to do so; or
| ||
(3) testifies to a lack of memory of the subject matter | ||
of the declarant's
statement; or
| ||
(4) is unable to be present or to testify at the |
hearing because of health
or then
existing physical or | ||
mental illness or infirmity; or
| ||
(5) is absent from the hearing and the proponent of the | ||
statement has been
unable to procure the declarant's | ||
attendance by process or other
reasonable means; or
| ||
(6) is a crime victim as defined in Section 3 of the | ||
Rights of Crime
Victims
and Witnesses Act and the failure | ||
of the declarant to testify is
caused by the defendant's | ||
intimidation of the declarant as defined
in Section 12-6 of | ||
the Criminal Code of 2012 1961 .
| ||
(d) A declarant is not unavailable as a witness if | ||
exemption, refusal, claim
of lack of memory, inability, or | ||
absence is due to the procurement or
wrongdoing of the | ||
proponent of a statement for purpose of preventing
the witness | ||
from attending or testifying.
| ||
(e) Nothing in this Section shall render a prior statement | ||
inadmissible for
purposes of impeachment because the statement | ||
was not recorded or
otherwise fails to meet the criteria set | ||
forth in this Section.
| ||
(Source: P.A. 93-443, eff. 8-5-03.)
| ||
(725 ILCS 5/115-10.3)
| ||
Sec. 115-10.3. Hearsay exception regarding elder adults.
| ||
(a) In a prosecution for a physical act, abuse, neglect, or | ||
financial
exploitation
perpetrated upon or against an eligible | ||
adult, as defined in
the Elder Abuse
and Neglect
Act, who has |
been diagnosed by a physician to suffer from (i) any form of
| ||
dementia, developmental disability, or other form of mental | ||
incapacity or (ii)
any physical infirmity, including but not | ||
limited to
prosecutions for violations of Sections 10-1, 10-2, | ||
10-3, 10-3.1, 10-4, 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||
11-1.60, 11-11,
12-1, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.3, | ||
12-4, 12-4.1, 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5, 12-6, | ||
12-7.3, 12-7.4, 12-11, 12-11.1, 12-13, 12-14, 12-15, 12-16, | ||
12-21,
16-1, 16-1.3, 17-1, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, | ||
18-5, 18-6, 19-6, 20-1.1,
24-1.2, and 33A-2, or subsection (b) | ||
of Section 12-4.4a, or subsection (a) of Section 17-32, of the
| ||
Criminal Code of 1961 or the Criminal Code of 2012 , the | ||
following evidence shall be admitted
as an exception to the | ||
hearsay rule:
| ||
(1) testimony by an eligible adult, of an out of court | ||
statement made by
the eligible adult, that he or she | ||
complained of such act to another; and
| ||
(2) testimony of an out of court statement made by the
| ||
eligible adult,
describing any complaint of such act or | ||
matter or detail pertaining to any act
which is an element | ||
of an offense which is the subject of a prosecution for
a | ||
physical act, abuse, neglect, or financial exploitation | ||
perpetrated
upon or
against the eligible adult.
| ||
(b) Such testimony shall only be admitted if:
| ||
(1) The court finds in a hearing conducted outside the | ||
presence of the
jury that the time, content, and |
circumstances of the statement provide
sufficient | ||
safeguards of reliability; and
| ||
(2) The eligible adult either:
| ||
(A) testifies at the proceeding; or
| ||
(B) is unavailable as a witness and there is | ||
corroborative evidence of
the act which is the subject | ||
of the statement.
| ||
(c) If a statement is admitted pursuant to this Section, | ||
the court shall
instruct the jury that it is for the jury to | ||
determine the weight and
credibility to be given the statement | ||
and that, in making the determination, it
shall consider the | ||
condition of the eligible adult, the nature of
the
statement, | ||
the circumstances under which the statement was made, and any | ||
other
relevant factor.
| ||
(d) The proponent of the statement shall give the adverse | ||
party reasonable
notice of his or her intention to offer the | ||
statement and the particulars of
the statement.
| ||
(Source: P.A. 96-1551, Article 1, Section 965, eff. 7-1-11; | ||
96-1551, Article 2, Section 1040, eff. 7-1-11; 96-1551, Article | ||
10, Section 10-145, eff. 7-1-11; 97-1108, eff. 1-1-13; 97-1109, | ||
eff. 1-1-13.) | ||
(725 ILCS 5/115-10.6) | ||
Sec. 115-10.6. Hearsay exception for intentional murder of | ||
a witness. | ||
(a) A statement is not rendered inadmissible by the hearsay |
rule if it is offered against a party that has killed the | ||
declarant in violation of clauses (a)(1) and (a)(2) of Section | ||
9-1 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||
intending to procure the unavailability of the declarant as a | ||
witness in a criminal or civil proceeding. | ||
(b) While intent to procure the unavailability of the | ||
witness is a necessary element for the introduction of the | ||
statements, it need not be the sole motivation behind the | ||
murder which procured the unavailability of the declarant as a | ||
witness. | ||
(c) The murder of the declarant may, but need not, be the | ||
subject of the trial at which the statement is being offered. | ||
If the murder of the declarant is not the subject of the trial | ||
at which the statement is being offered, the murder need not | ||
have ever been prosecuted. | ||
(d) The proponent of the statements shall give the adverse | ||
party reasonable written notice of its intention to offer the | ||
statements and the substance of the particulars of each | ||
statement of the declarant. For purposes of this Section, | ||
identifying the location of the statements in tendered | ||
discovery shall be sufficient to satisfy the substance of the | ||
particulars of the statement. | ||
(e) The admissibility of the statements shall be determined | ||
by the court at a pretrial hearing. At the hearing, the | ||
proponent of the statement bears the burden of establishing 3 | ||
criteria by a preponderance of the evidence: |
(1) first, that the adverse party murdered the | ||
declarant and that the murder was intended to cause the | ||
unavailability of the declarant as a witness; | ||
(2) second, that the time, content, and circumstances | ||
of the statements provide sufficient safeguards of | ||
reliability; | ||
(3) third, the interests of justice will best be served | ||
by admission of the statement into evidence. | ||
(f) The court shall make specific findings as to each of | ||
these criteria on the record before ruling on the admissibility | ||
of said statements. | ||
(g) This Section in no way precludes or changes the | ||
application of the existing common law doctrine of forfeiture | ||
by wrongdoing.
| ||
(Source: P.A. 95-1004, eff. 12-8-08.)
| ||
(725 ILCS 5/115-11) (from Ch. 38, par. 115-11)
| ||
Sec. 115-11.
In a prosecution for a criminal offense | ||
defined
in Article 11 or in Section 11-1.20, 11-1.30, 11-1.40, | ||
11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
| ||
" Criminal Code of 1961 or the Criminal Code of 2012 " , where the | ||
alleged victim of the offense is a minor
under 18
years of age, | ||
the court may exclude from the proceedings
while the victim is | ||
testifying, all persons, who, in the opinion of the
court, do | ||
not have a direct interest in the case, except the media.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
|
(725 ILCS 5/115-11.1) (from Ch. 38, par. 115-11.1)
| ||
Sec. 115-11.1. Use of "Rape". The use of the word "rape", | ||
"rapist", or
any derivative of "rape" by any victim, witness, | ||
State's Attorney, defense
attorney, judge or other court | ||
personnel in any prosecutions of offenses in
Sections 11-1.20 | ||
through 11-1.60 or 12-13 through 12-16 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 , as amended, is
not | ||
inadmissible.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
(725 ILCS 5/115-13) (from Ch. 38, par. 115-13)
| ||
Sec. 115-13.
In a prosecution for violation of Section | ||
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| ||
12-14.1,
12-15 or 12-16 of the " Criminal Code of 1961 or the | ||
Criminal Code of 2012 " , statements made by the
victim to | ||
medical personnel for purposes of medical diagnosis or | ||
treatment
including descriptions of the cause of symptom, pain | ||
or sensations, or the
inception or general character of the | ||
cause or external source thereof
insofar as reasonably | ||
pertinent to diagnosis or treatment shall be admitted
as an | ||
exception to the hearsay rule.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
(725 ILCS 5/115-15)
| ||
Sec. 115-15. Laboratory reports.
|
(a) In any criminal prosecution for a violation of
the | ||
Cannabis
Control Act, the Illinois Controlled Substances Act, | ||
or the Methamphetamine Control and Community Protection Act, a | ||
laboratory report
from the Department of State Police, Division | ||
of Forensic Services, that is
signed and sworn to by the person | ||
performing an
analysis and that states (1) that the substance | ||
that is the basis of the
alleged
violation
has been weighed and | ||
analyzed, and (2) the person's findings as to the
contents, | ||
weight and identity of the substance, and (3) that it contains | ||
any
amount of a controlled substance or cannabis is prima facie | ||
evidence of the
contents, identity and weight of the substance. | ||
Attached to the report
shall be a copy of a notarized statement | ||
by the signer of the report giving
the name of the signer and | ||
stating (i) that he or she is an employee of the
Department of | ||
State Police, Division of Forensic Services,
(ii) the name and | ||
location of the laboratory where the analysis was
performed, | ||
(iii) that performing the analysis is a part of his or her | ||
regular
duties, and (iv) that the signer is qualified by | ||
education, training and
experience to perform the analysis. The | ||
signer shall also allege that
scientifically accepted tests | ||
were performed with due caution and that the
evidence was | ||
handled in accordance with established and accepted procedures
| ||
while in the custody of the laboratory.
| ||
(a-5) In any criminal prosecution for reckless homicide | ||
under Section 9-3
of the
Criminal Code of
1961 or the Criminal | ||
Code of 2012, or driving under the influence of alcohol, other |
drug, or combination of
both, in
violation of Section
11-501 of | ||
the Illinois Vehicle Code or in any civil action held under a
| ||
statutory summary
suspension or revocation hearing under | ||
Section 2-118.1 of the Illinois Vehicle Code, a
laboratory | ||
report from the
Department of State Police, Division of | ||
Forensic Services, that is signed and
sworn to by the person
| ||
performing an analysis, and that states
that the sample of | ||
blood or urine was tested for alcohol or
drugs, and
contains | ||
the person's findings as to the presence and amount
of
alcohol | ||
or
drugs and type of drug is prima facie evidence of
the | ||
presence, content, and amount of the alcohol or drugs analyzed | ||
in
the blood or urine. Attached to the report must be a copy of | ||
a notarized
statement by the
signer of the report giving the | ||
name of the signer and stating (1) that he or
she is an | ||
employee
of the Department of State Police, Division of | ||
Forensic Services, (2) the name
and location
of the laboratory | ||
where the analysis was performed, (3) that performing the
| ||
analysis is a part
of his or her regular duties, (4) that the | ||
signer is qualified by
education, training, and
experience to | ||
perform the analysis, and (5) that
scientifically accepted
| ||
tests were performed with due caution and that the evidence was | ||
handled in
accordance with
established and accepted procedures | ||
while in the custody of the laboratory.
| ||
(b) The State's Attorney shall serve a copy of the report | ||
on the
attorney of record for the accused, or on the accused if | ||
he or she has no
attorney, before any proceeding in which the |
report is to be used against
the accused other than at a | ||
preliminary hearing or grand jury hearing when
the report may | ||
be used without having been previously served upon the accused.
| ||
(c) The report shall not be prima facie evidence if the
| ||
accused or his or her attorney
demands the testimony of the | ||
person signing the report by serving the
demand upon the | ||
State's Attorney within 7 days from the accused or his or her
| ||
attorney's receipt of the report.
| ||
(Source: P.A. 96-1344, eff. 7-1-11 .)
| ||
(725 ILCS 5/115-16)
| ||
Sec. 115-16. Witness disqualification. No person shall
be | ||
disqualified as a witness in a
criminal case or proceeding by | ||
reason of his or her interest in the event of
the case or | ||
proceeding, as a party or otherwise, or by reason of
his or her | ||
having been convicted of a crime; but the
interest or | ||
conviction may be shown for the purpose of affecting the
| ||
credibility of the witness. A defendant in
a criminal case or | ||
proceeding shall only at his or her own request
be deemed a | ||
competent witness, and the person's neglect to testify shall | ||
not
create a presumption against the person, nor shall the | ||
court permit
a reference or comment to be made to or upon that
| ||
neglect.
| ||
In criminal cases, husband and wife may testify for or | ||
against each
other. Neither, however, may testify as to any
| ||
communication or admission
made by either of them to the other |
or as to any conversation between them
during marriage, except | ||
in cases in which either is charged with
an offense against the | ||
person or property of the other, in case of
spouse abandonment, | ||
when the interests of their child or
children or of any child | ||
or children in either spouse's care, custody, or
control are | ||
directly involved, when either is charged with or under | ||
investigation for an offense under Section 11-1.20, 11-1.30, | ||
11-1.40, 11-1.50, 11-1.60, 12-13,
12-14, 12-14.1, 12-15, or | ||
12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012 | ||
and the victim is a minor under 18 years of age in
either | ||
spouse's care, custody, or control at the time of the offense, | ||
or
as to matters in which either has acted as agent of the | ||
other.
| ||
(Source: P.A. 96-1242, eff. 7-23-10; 96-1551, eff. 7-1-11 .)
| ||
(725 ILCS 5/115-17b) | ||
Sec. 115-17b. Administrative subpoenas. | ||
(a) Definitions. As used in this Section: | ||
"Electronic communication services" and "remote | ||
computing services" have the same meaning as provided in | ||
the Electronic Communications Privacy Act in Chapter 121 | ||
(commencing with Section 2701) of Part I of Title 18 of the | ||
United States Code Annotated. | ||
"Offense involving the sexual exploitation of | ||
children" means an offense under Section 11-1.20, 11-1.30, | ||
11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9.1, |
11-14.4, 11-15.1, 11-17.1, 11-18.1, 11-19.1, 11-19.2, | ||
11-20.1, 11-20.1B, 11-20.3, 11-21, 11-23, 11-25, 11-26, | ||
12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code | ||
of 1961 or the Criminal Code of 2012 or any attempt to | ||
commit any of these offenses when the victim is under 18 | ||
years of age. | ||
(b) Subpoenas duces tecum. In any criminal investigation of | ||
an offense involving the sexual exploitation of children, the | ||
Attorney General, or his or her designee, or a State's | ||
Attorney, or his or her designee, may issue in writing and | ||
cause to be served subpoenas duces tecum to providers of | ||
electronic communication services or remote computing services | ||
requiring the production of records relevant to the | ||
investigation. Any such request for records shall not extend | ||
beyond requiring the provider to disclose the information | ||
specified in 18 U.S.C. 2703(c)(2). Any subpoena duces tecum | ||
issued under this Section shall be made returnable to the Chief | ||
Judge of the Circuit Court for the Circuit in which the State's | ||
Attorney resides, or his or her designee, or for subpoenas | ||
issued by the Attorney General, the subpoena shall be made | ||
returnable to the Chief Judge of the Circuit Court for the | ||
Circuit to which the investigation pertains, or his or her | ||
designee, to determine whether the documents are privileged and | ||
whether the subpoena is unreasonable or oppressive. | ||
(c) Contents of subpoena. A subpoena under this Section | ||
shall describe the records or other things required to be |
produced and prescribe a return date within a reasonable period | ||
of time within which the objects or records can be assembled | ||
and made available. | ||
(c-5) Contemporaneous notice to Chief Judge. Whenever a | ||
subpoena is issued under this Section, the Attorney General or | ||
his or her designee or the State's Attorney or his of her | ||
designee shall be required to provide a copy of the subpoena to | ||
the Chief Judge of the county in which the subpoena is | ||
returnable. | ||
(d) Modifying or quashing subpoena. At any time before the | ||
return date specified in the subpoena, the person or entity to | ||
whom the subpoena is directed may petition for an order | ||
modifying or quashing the subpoena on the grounds that the | ||
subpoena is oppressive or unreasonable or that the subpoena | ||
seeks privileged documents or records. | ||
(e) Ex parte order. An Illinois circuit court for the | ||
circuit in which the subpoena is or will be issued, upon | ||
application of the Attorney General, or his or her designee, or | ||
State's Attorney, or his or her designee, may issue an ex parte | ||
order that no person or entity disclose to any other person or | ||
entity (other than persons necessary to comply with the | ||
subpoena) the existence of such subpoena for a period of up to | ||
90 days. | ||
(1) Such order may be issued upon a showing that the | ||
things being sought may be relevant to the investigation | ||
and there is reason to believe that such disclosure may |
result in: | ||
(A) endangerment to the life or physical safety of | ||
any person; | ||
(B) flight to avoid prosecution; | ||
(C) destruction of or tampering with evidence; | ||
(D) intimidation of potential witnesses; or | ||
(E) otherwise seriously jeopardizing an | ||
investigation or unduly delaying a trial. | ||
(2) An order under this Section may be renewed for | ||
additional periods of up to 90 days upon a showing that the | ||
circumstances described in paragraph (1) of this | ||
subsection (e) continue to exist. | ||
(f) Enforcement. A witness who is duly subpoenaed who | ||
neglects or refuses to comply with the subpoena shall be | ||
proceeded against and punished for contempt of the court. A | ||
subpoena duces tecum issued under this Section may be enforced | ||
pursuant to the Uniform Act to Secure the Attendance of | ||
Witnesses from Within or Without a State in Criminal | ||
Proceedings. | ||
(g) Immunity from civil liability. Notwithstanding any | ||
federal, State, or local law, any person, including officers, | ||
agents, and employees, receiving a subpoena under this Section, | ||
who complies in good faith with the subpoena and thus produces | ||
the materials sought, shall not be liable in any court of | ||
Illinois to any customer or other person for such production or | ||
for nondisclosure of that production to the customer.
|
(Source: P.A. 97-475, eff. 8-22-11.) | ||
(725 ILCS 5/116-2.1) | ||
Sec. 116-2.1. Motion to vacate prostitution convictions | ||
for sex trafficking victims. | ||
(a) A motion under this Section may be filed at any time | ||
following the entry of a verdict or finding of guilty where the | ||
conviction was under Section 11-14 (prostitution) or Section | ||
11-14.2 (first offender; felony prostitution) of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 or a similar local | ||
ordinance and the defendant's participation in the offense was | ||
a result of having been a trafficking victim under Section 10-9 | ||
(involuntary servitude, involuntary sexual servitude of a | ||
minor, or trafficking in persons) of the Criminal Code of 1961 | ||
or the Criminal Code of 2012 ; or a victim of a severe form of | ||
trafficking under the federal Trafficking Victims Protection | ||
Act (22 U.S.C. Section 7102(13)); provided that: | ||
(1) a motion under this Section shall state why the | ||
facts giving rise to this motion were not presented to the | ||
trial court, and shall be made with due diligence, after | ||
the defendant has ceased to be a victim of such trafficking | ||
or has sought services for victims of such trafficking, | ||
subject to reasonable concerns for the safety of the | ||
defendant, family members of the defendant, or other | ||
victims of such trafficking that may be jeopardized by the | ||
bringing of such motion, or for other reasons consistent |
with the purpose of this Section; and | ||
(2) reasonable notice of the motion shall be served | ||
upon the State. | ||
(b) The court may grant the motion if, in the discretion of | ||
the court, the violation was a result of the defendant having | ||
been a victim of human trafficking. Evidence of such may | ||
include, but is not limited to: | ||
(1) certified records of federal or State court | ||
proceedings which demonstrate that the defendant was a | ||
victim of a trafficker charged with a trafficking offense | ||
under Section 10-9 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, or under 22 U.S.C. Chapter 78; | ||
(2) certified records of "approval notices" or "law | ||
enforcement certifications" generated from federal | ||
immigration proceedings available to such victims; or | ||
(3) a sworn statement from a trained professional staff | ||
of a victim services organization, an attorney, a member of | ||
the clergy, or a medical or other professional from whom | ||
the defendant has sought assistance in addressing the | ||
trauma associated with being trafficked. | ||
Alternatively, the court may consider such other evidence | ||
as it deems of sufficient credibility and probative value in | ||
determining whether the defendant is a trafficking victim or | ||
victim of a severe form of trafficking. | ||
(c) If the court grants a motion under this Section, it | ||
must vacate the conviction and may take such additional action |
as is appropriate in the circumstances.
| ||
(Source: P.A. 97-267, eff. 1-1-12; 97-897, eff. 1-1-13.)
| ||
(725 ILCS 5/116-4)
| ||
Sec. 116-4. Preservation of evidence for forensic testing.
| ||
(a) Before or after the trial in a prosecution for a | ||
violation of
Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||
11-1.60, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the
Criminal | ||
Code of 1961 or the Criminal Code of 2012 or in a prosecution | ||
for an offense defined in Article 9
of
that Code,
or in a | ||
prosecution for an attempt in violation of Section 8-4 of that | ||
Code
of any of the above-enumerated
offenses, unless otherwise | ||
provided herein under subsection (b) or (c), a law
enforcement | ||
agency
or an agent acting on behalf of the law enforcement | ||
agency shall
preserve, subject to a continuous chain of
| ||
custody, any
physical evidence
in their possession or control | ||
that is reasonably likely to contain forensic
evidence,
| ||
including, but not limited to, fingerprints or biological | ||
material
secured in relation to a trial and with sufficient
| ||
documentation to locate
that evidence.
| ||
(b) After a judgment of conviction is entered,
the evidence | ||
shall
either be impounded
with the Clerk of the Circuit Court | ||
or shall be securely retained by a law
enforcement agency.
| ||
Retention shall be
permanent in cases where a sentence of death | ||
is imposed. Retention shall be
until the
completion of the | ||
sentence, including the period of mandatory supervised
release |
for the
offense, or January 1, 2006, whichever is later, for | ||
any conviction for an
offense or an attempt of an offense | ||
defined
in Article 9 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 or in Section 11-1.20, 11-1.30, 11-1.40, | ||
11-1.50, 11-1.60, 12-13, 12-14, 12-14.1,
12-15, or
12-16 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 or for 7 | ||
years following any conviction for any other felony for which
| ||
the
defendant's
genetic profile may be taken by a law | ||
enforcement agency and submitted for
comparison in a forensic | ||
DNA database for unsolved offenses.
| ||
(c) After a judgment of conviction is entered, the
law
| ||
enforcement agency
required to retain evidence described in | ||
subsection
(a) may petition the court
with notice to the
| ||
defendant or, in cases where the defendant has died, his | ||
estate, his attorney
of record, or an attorney appointed for | ||
that purpose by the court
for entry
of an order allowing it to | ||
dispose of evidence if, after a
hearing, the court
determines | ||
by a preponderance of the evidence that:
| ||
(1) it has no significant value for forensic science | ||
analysis and
should
be
returned to its rightful owner, | ||
destroyed, used for training purposes, or as
otherwise | ||
provided by law; or
| ||
(2) it has no significant value for forensic science | ||
analysis and is of
a size,
bulk, or physical character not | ||
usually retained by the law enforcement
agency and cannot | ||
practicably be retained by the law enforcement
agency; or
|
(3) there no longer exists a reasonable basis to | ||
require the
preservation of the
evidence because of the | ||
death of the defendant; however, this paragraph (3)
does | ||
not
apply if a sentence of death was imposed.
| ||
(d) The court may order the disposition of the evidence if | ||
the
defendant is allowed
the opportunity to take reasonable | ||
measures to remove or preserve portions of
the evidence in
| ||
question for future testing.
| ||
(d-5) Any order allowing the disposition of evidence | ||
pursuant to
subsection (c)
or (d)
shall be a final and | ||
appealable order. No evidence shall be disposed of until
30 | ||
days after
the order is entered, and if a notice of appeal is | ||
filed, no evidence shall be
disposed of
until the mandate has | ||
been received by the circuit court from the appellate
court.
| ||
(d-10) All records documenting the possession,
control, | ||
storage, and destruction of evidence and all police reports, | ||
evidence
control or inventory records, and other reports cited | ||
in this Section,
including computer records, must be
retained | ||
for as
long as the evidence exists and may not be disposed of | ||
without the approval of
the Local
Records Commission.
| ||
(e) In this Section, "law enforcement agency"
includes any | ||
of the following or an agent acting on behalf of any of the
| ||
following:
a municipal police department, county sheriff's | ||
office, any prosecuting
authority,
the Department of State | ||
Police, or any other State, university, county,
federal, or
| ||
municipal police
unit or police force.
|
"Biological material" includes, but is not limited to, any | ||
blood, hair,
saliva, or semen from which
genetic marker | ||
groupings may be obtained.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
(725 ILCS 5/124B-10)
| ||
Sec. 124B-10. Applicability; offenses. This Article | ||
applies to forfeiture of property in connection with the | ||
following: | ||
(1) A violation of Section 10-9 or 10A-10 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 | ||
(involuntary servitude; involuntary servitude of a minor; | ||
or trafficking in persons). | ||
(2) A violation of subdivision (a)(1) of Section | ||
11-14.4 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012 (promoting juvenile prostitution) or a violation of | ||
Section 11-17.1 of the Criminal Code of 1961 (keeping a | ||
place of juvenile prostitution). | ||
(3) A violation of subdivision (a)(4) of Section | ||
11-14.4 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012 (promoting juvenile prostitution) or a violation of | ||
Section 11-19.2 of the Criminal Code of 1961 (exploitation | ||
of a child). | ||
(4) A second or subsequent violation of Section 11-20 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012 | ||
(obscenity). |
(5) A second or subsequent violation of Section 11-20.1 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012 | ||
(child pornography). | ||
(6) A violation of Section 11-20.1B or 11-20.3 of the | ||
Criminal Code of 1961 (aggravated child pornography). | ||
(7) A violation of Section 12C-65 of the Criminal Code | ||
of 2012 or Article 44 of the Criminal Code of 1961 | ||
(unlawful transfer of a telecommunications device to a | ||
minor). | ||
(8) A violation of Section 17-50 or Section 16D-5 of | ||
the Criminal Code of 2012 or the Criminal Code of 1961 | ||
(computer fraud). | ||
(9) A felony violation of Section 17-6.3 or Article 17B | ||
of the Criminal Code of 2012 or the Criminal Code of 1961 | ||
(WIC fraud). | ||
(10) A felony violation of Section 48-1 of the Criminal | ||
Code of 2012 or Section 26-5 of the Criminal Code of 1961 | ||
(dog fighting). | ||
(11) A violation of Article 29D of the Criminal Code of | ||
1961 or the Criminal Code of 2012 (terrorism). | ||
(12) A felony violation of Section 4.01 of the Humane | ||
Care for Animals Act (animals in entertainment).
| ||
(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11; | ||
97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. | ||
1-1-13; revised 9-20-12.)
|
(725 ILCS 5/124B-100)
| ||
Sec. 124B-100. Definition; "offense". For purposes of this | ||
Article, "offense" is defined as follows: | ||
(1) In the case of forfeiture authorized under Section | ||
10A-15 of the Criminal Code of 1961 or Section 10-9 of the | ||
Criminal Code of 2012 , "offense" means the offense of | ||
involuntary servitude, involuntary servitude of a minor, | ||
or trafficking in persons in violation of Section 10-9 or | ||
10A-10 of those Codes that Code . | ||
(2) In the case of forfeiture authorized under | ||
subdivision (a)(1) of Section 11-14.4, or Section 11-17.1, | ||
of the Criminal Code of 1961 or the Criminal Code of 2012 , | ||
"offense" means the offense of promoting juvenile | ||
prostitution or keeping a place of juvenile prostitution in | ||
violation of subdivision (a)(1) of Section 11-14.4, or | ||
Section 11-17.1, of those Codes that Code . | ||
(3) In the case of forfeiture authorized under | ||
subdivision (a)(4) of Section 11-14.4, or Section 11-19.2, | ||
of the Criminal Code of 1961 or the Criminal Code of 2012 , | ||
"offense" means the offense of promoting juvenile | ||
prostitution or exploitation of a child in violation of | ||
subdivision (a)(4) of Section 11-14.4, or Section 11-19.2, | ||
of those Codes that Code . | ||
(4) In the case of forfeiture authorized under Section | ||
11-20 of the Criminal Code of 1961 or the Criminal Code of | ||
2012 , "offense" means the offense of obscenity in violation |
of that Section. | ||
(5) In the case of forfeiture authorized under Section | ||
11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012 , "offense" means the offense of child pornography | ||
in violation of Section 11-20.1 of that Code. | ||
(6) In the case of forfeiture authorized under Section | ||
11-20.1B or 11-20.3 of the Criminal Code of 1961, "offense" | ||
means the offense of aggravated child pornography in | ||
violation of Section 11-20.1B or 11-20.3 of that Code. | ||
(7) In the case of forfeiture authorized under Section | ||
12C-65 of the Criminal Code of 2012 or Article 44 of the | ||
Criminal Code of 1961, "offense" means the offense of | ||
unlawful transfer of a telecommunications device to a minor | ||
in violation of Section 12C-65 or Article 44 of those Codes | ||
that Code . | ||
(8) In the case of forfeiture authorized under Section | ||
17-50 or 16D-5 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 , "offense" means the offense of computer fraud | ||
in violation of Section 17-50 or 16D-5 of those Codes that | ||
Code . | ||
(9) In the case of forfeiture authorized under Section | ||
17-6.3 or Article 17B of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 , "offense" means any felony violation | ||
of Section 17-6.3 or Article 17B of those Codes that Code . | ||
(10) In the case of forfeiture authorized under Section | ||
29D-65 of the Criminal Code of 1961 or the Criminal Code of |
2012 , "offense" means any offense under Article 29D of that | ||
Code. | ||
(11) In the case of forfeiture authorized under Section | ||
4.01 of the Humane Care for Animals Act , Section 26-5 of | ||
the Criminal Code of 1961, or Section 48-1 of the Criminal | ||
Code of 2012 1961 , "offense" means any felony offense under | ||
either of those Sections.
| ||
(12) In the case of forfeiture authorized under Section | ||
124B-1000(b) of the Code of Criminal Procedure of 1963, | ||
"offense" means an offense in violation of prohibited by | ||
the Criminal Code of 1961, the Criminal Code of 2012, the | ||
Illinois Controlled Substances Act, the Cannabis Control | ||
Act, or the Methamphetamine Control and Community | ||
Protection Act, or an offense involving a | ||
telecommunications device possessed by a person on the real | ||
property of any elementary or secondary school without | ||
authority of the school principal. | ||
(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11; | ||
97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. | ||
1-1-13; revised 9-20-12.)
| ||
(725 ILCS 5/124B-300)
| ||
Sec. 124B-300. Persons and property subject to forfeiture. | ||
A person who commits the offense of involuntary servitude, | ||
involuntary servitude of a minor, or trafficking of persons for | ||
forced labor or services under Section 10A-10 or Section 10-9 |
of the Criminal Code of 1961 or the Criminal Code of 2012 shall | ||
forfeit to the State of Illinois any profits or proceeds and | ||
any property he or she has acquired or maintained in violation | ||
of Section 10A-10 or Section 10-9 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012 that the sentencing court | ||
determines, after a forfeiture hearing under this Article, to | ||
have been acquired or maintained as a result of maintaining a | ||
person in involuntary servitude or participating in | ||
trafficking of persons for forced labor or services.
| ||
(Source: P.A. 96-712, eff. 1-1-10.) | ||
(725 ILCS 5/124B-405)
| ||
Sec. 124B-405. Persons and property subject to forfeiture. | ||
A person who has been convicted previously of the offense of | ||
obscenity under Section 11-20 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 and who is convicted of a second or | ||
subsequent offense of obscenity under that Section shall | ||
forfeit the following to the State of Illinois: | ||
(1) Any property constituting or derived from any | ||
proceeds that the person obtained, directly or indirectly, | ||
as a result of the offense. | ||
(2) Any of the person's property used in any manner, | ||
wholly or in part, to commit the offense.
| ||
(Source: P.A. 96-712, eff. 1-1-10.) | ||
(725 ILCS 5/124B-415)
|
Sec. 124B-415. Order to destroy property. If the Attorney | ||
General or State's Attorney believes any property forfeited and | ||
seized under this Part 400 describes, depicts, or portrays any | ||
of the acts or activities described in subsection (b) of | ||
Section 11-20 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012 , the Attorney General or State's Attorney shall apply | ||
to the court for an order to destroy that property. If the | ||
court determines that the property describes, depicts, or | ||
portrays such acts or activities it shall order the Attorney | ||
General or State's Attorney to destroy the property.
| ||
(Source: P.A. 96-712, eff. 1-1-10.) | ||
(725 ILCS 5/124B-420) | ||
Sec. 124B-420. Distribution of property and sale proceeds. | ||
(a) All moneys and the sale proceeds of all other property | ||
forfeited and seized under this Part 400 shall be distributed | ||
as follows: | ||
(1) 50% shall be distributed to the unit of local | ||
government whose officers or employees conducted the | ||
investigation into the offense and caused the arrest or | ||
arrests and prosecution leading to the forfeiture, except | ||
that if the investigation, arrest or arrests, and | ||
prosecution leading to the forfeiture were undertaken by | ||
the sheriff, this portion shall be distributed to the | ||
county for deposit into a special fund in the county | ||
treasury appropriated to the sheriff. Amounts distributed |
to the county for the sheriff or to units of local | ||
government under this paragraph shall be used for | ||
enforcement of laws or ordinances governing obscenity and | ||
child pornography. If the investigation, arrest or | ||
arrests, and prosecution leading to the forfeiture were | ||
undertaken solely by a State agency, however, the portion | ||
designated in this paragraph shall be paid into the State | ||
treasury to be used for enforcement of laws governing | ||
obscenity and child pornography. | ||
(2) 25% shall be distributed to the county in which the | ||
prosecution resulting in the forfeiture was instituted, | ||
deposited into a special fund in the county treasury, and | ||
appropriated to the State's Attorney for use in the | ||
enforcement of laws governing obscenity and child | ||
pornography. | ||
(3) 25% shall be distributed to the Office of the | ||
State's Attorneys Appellate Prosecutor and deposited into | ||
the Obscenity Profits Forfeiture Fund, which is hereby | ||
created in the State treasury, to be used by the Office of | ||
the State's Attorneys Appellate Prosecutor for additional | ||
expenses incurred in prosecuting appeals arising under | ||
Sections 11-20, 11-20.1, 11-20.1B, and 11-20.3 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 . Any | ||
amounts remaining in the Fund after all additional expenses | ||
have been paid shall be used by the Office to reduce the | ||
participating county contributions to the Office on a |
pro-rated basis as determined by the board of governors of | ||
the Office of the State's Attorneys Appellate Prosecutor | ||
based on the populations of the participating counties. | ||
(b) Before any distribution under subsection (a), the | ||
Attorney General or State's Attorney shall retain from the | ||
forfeited moneys or sale proceeds, or both, sufficient moneys | ||
to cover expenses related to the administration and sale of the | ||
forfeited property.
| ||
(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11 .) | ||
(725 ILCS 5/124B-500) | ||
Sec. 124B-500. Persons and property subject to forfeiture. | ||
A person who commits the offense of promoting juvenile | ||
prostitution, keeping a place of juvenile prostitution, | ||
exploitation of a child, child pornography, or aggravated child | ||
pornography under subdivision (a)(1) or (a)(4) of Section | ||
11-14.4 or under Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B, | ||
or 11-20.3 of the Criminal Code of 1961 or the Criminal Code of | ||
2012 shall forfeit the following property to the State
of | ||
Illinois: | ||
(1) Any profits or proceeds and any property the person | ||
has acquired or maintained in violation of subdivision | ||
(a)(1) or (a)(4) of Section 11-14.4 or in violation of | ||
Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B, or 11-20.3 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012 that | ||
the sentencing court determines, after a forfeiture |
hearing under this Article, to have been acquired or | ||
maintained as a result of keeping a place of juvenile | ||
prostitution, exploitation of a child, child pornography, | ||
or aggravated child pornography. | ||
(2) Any interest in, securities of, claim against, or | ||
property or contractual right of any kind affording a | ||
source of influence over any enterprise that the person has | ||
established, operated, controlled, or conducted in | ||
violation of subdivision (a)(1) or (a)(4) of Section | ||
11-14.4 or in violation of Section 11-17.1, 11-19.2, | ||
11-20.1, 11-20.1B, or 11-20.3 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012 that the sentencing court | ||
determines, after a forfeiture hearing under this Article, | ||
to have been acquired or maintained as a result of keeping | ||
a place of juvenile prostitution, exploitation of a child, | ||
child pornography, or aggravated child pornography. | ||
(3) Any computer that contains a depiction of child | ||
pornography in any encoded or decoded format in violation | ||
of Section 11-20.1, 11-20.1B, or 11-20.3 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 . For purposes of | ||
this paragraph (3), "computer" has the meaning ascribed to | ||
it in Section 17-0.5 16D-2 of the Criminal Code of 2012 | ||
1961 .
| ||
(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11 .) | ||
(725 ILCS 5/124B-600)
|
Sec. 124B-600. Persons and property subject to forfeiture. | ||
A person who commits the offense of computer fraud as set forth | ||
in Section 16D-5 or Section 17-50 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012 shall forfeit any property that | ||
the sentencing court determines, after a forfeiture hearing | ||
under this Article, the person has acquired or maintained, | ||
directly or indirectly, in whole or in part, as a result of | ||
that offense. The person shall also forfeit any interest in, | ||
securities of, claim against, or contractual right of any kind | ||
that affords the person a source of influence over any | ||
enterprise that the person has established, operated, | ||
controlled, conducted, or participated in conducting, if the | ||
person's relationship to or connection with any such thing or | ||
activity directly or indirectly, in whole or in part, is | ||
traceable to any item or benefit that the person has obtained | ||
or acquired through computer fraud.
| ||
(Source: P.A. 96-712, eff. 1-1-10; 97-1108, eff. 1-1-13.) | ||
(725 ILCS 5/124B-610)
| ||
Sec. 124B-610. Computer used in commission of felony; | ||
forfeiture. If a person commits a felony under any provision of | ||
the Criminal Code of 1961 or the Criminal Code of 2012 or | ||
another statute and the instrumentality used in the commission | ||
of the offense, or in connection with or in furtherance of a | ||
scheme or design to commit the offense, is a computer owned by | ||
the defendant (or, if the defendant is a minor, owned by the |
minor's parent or legal guardian), the computer is subject to | ||
forfeiture under this Article. A computer, or any part of a | ||
computer, is not subject to forfeiture under this Article, | ||
however, under either of the following circumstances: | ||
(1) The computer accessed in the commission of the | ||
offense was owned or leased by the victim or an innocent | ||
third party at the time the offense was committed. | ||
(2) The rights of a creditor, lienholder, or person | ||
having a security interest in the computer at the time the | ||
offense was committed will be adversely affected.
| ||
(Source: P.A. 96-712, eff. 1-1-10.) | ||
(725 ILCS 5/124B-700)
| ||
Sec. 124B-700. Persons and property subject to forfeiture. | ||
A person who commits a felony violation of Article 17B or | ||
Section 17-6.3 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 shall forfeit any property that the sentencing | ||
court determines, after a forfeiture hearing under this | ||
Article, (i) the person has acquired, in whole or in part, as a | ||
result of committing the violation or (ii) the person has | ||
maintained or used, in whole or in part, to facilitate, | ||
directly or indirectly, the commission of the violation. The | ||
person shall also forfeit any interest in, securities of, claim | ||
against, or contractual right of any kind that affords the | ||
person a source of influence over any enterprise that the | ||
person has established, operated, controlled, conducted, or |
participated in conducting, if the person's relationship to or | ||
connection with any such thing or activity directly or | ||
indirectly, in whole or in part, is traceable to any item or | ||
benefit that the person has obtained or acquired as a result of | ||
a felony violation of Article 17B or Section 17-6.3 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 . Property | ||
subject to forfeiture under this Part 700 includes the | ||
following: | ||
(1) All moneys, things of value, books, records, and | ||
research products and materials that are used or intended | ||
to be used in committing a felony violation of Article 17B | ||
or Section 17-6.3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 . | ||
(2) Everything of value furnished, or intended to be | ||
furnished, in exchange for a substance in violation of | ||
Article 17B or Section 17-6.3 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012 ; all proceeds traceable to | ||
that exchange; and all moneys, negotiable instruments, and | ||
securities used or intended to be used to commit or in any | ||
manner to facilitate the commission of a felony violation | ||
of Article 17B or Section 17-6.3 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 . | ||
(3) 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, that is used or intended to be used, in any | ||
manner or part, to commit or in any manner to facilitate | ||
the commission of a felony violation of Article 17B or | ||
Section 17-6.3 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 or that is the proceeds of any act that | ||
constitutes a felony violation of Article 17B or Section | ||
17-6.3 of the Criminal Code of 1961 or the Criminal Code of | ||
2012 .
| ||
(Source: P.A. 96-712, eff. 1-1-10; 97-1108, eff. 1-1-13.) | ||
(725 ILCS 5/124B-710) | ||
Sec. 124B-710. Sale of forfeited property by Director of | ||
State Police; return to seizing agency or prosecutor. | ||
(a) The court shall authorize the Director of State Police | ||
to seize any property declared forfeited under this Article on | ||
terms and conditions the court deems proper. | ||
(b) When property is forfeited under this Part 700, the | ||
Director of State Police shall sell the property unless the | ||
property is required by law to be destroyed or is harmful to | ||
the public. The Director shall distribute the proceeds of the | ||
sale, together with any moneys forfeited or seized, in | ||
accordance with Section 124B-715. | ||
(c) On the application of the seizing agency or prosecutor | ||
who was responsible for the investigation, arrest, and | ||
prosecution that lead to the forfeiture, however, 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 Article 17B or Section 17-6.3 of the Criminal Code | ||
of 1961 or the Criminal Code of 2012 if the agency or | ||
prosecutor can demonstrate 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 Section 124B-715.
| ||
(Source: P.A. 96-712, eff. 1-1-10; 97-1108, eff. 1-1-13.) | ||
(725 ILCS 5/124B-800)
| ||
Sec. 124B-800. Persons and property subject to forfeiture. | ||
(a) A person who commits an offense under Article 29D of | ||
the Criminal Code of 1961 or the Criminal Code of 2012 shall | ||
forfeit any property that the sentencing court determines, | ||
after a forfeiture hearing under this Article, (i) the person | ||
has acquired or maintained, directly or indirectly, in whole or | ||
in part, as a result of the offense or (ii) the person used, | ||
was about to use, or intended to use in connection with the | ||
offense. The person shall also forfeit any interest in, | ||
securities of, claim against, or contractual right of any kind | ||
that affords the person a source of influence over any | ||
enterprise that the person has established, operated, | ||
controlled, conducted, or participated in conducting, if the | ||
person's relationship to or connection with any such thing or |
activity directly or indirectly, in whole or in part, is | ||
traceable to any item or benefit that the person has obtained | ||
or acquired as a result of a violation of Article 29D of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 or that the | ||
person used, was about to use, or intended to use in connection | ||
with a violation of Article 29D of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 . | ||
(b) For purposes of this Part 800, "person" has the meaning | ||
given in Section 124B-115 of this Code and, in addition to that | ||
meaning, includes, without limitation, any charitable | ||
organization, whether incorporated or unincorporated, any | ||
professional fund raiser, professional solicitor, limited | ||
liability company, association, joint stock company, | ||
association, trust, trustee, or any group of people formally or | ||
informally affiliated or associated for a common purpose, and | ||
any officer, director, partner, member, or agent of any person.
| ||
(Source: P.A. 96-712, eff. 1-1-10.) | ||
(725 ILCS 5/124B-905)
| ||
Sec. 124B-905. Persons and property subject to forfeiture. | ||
A person who commits a felony violation of Section 4.01 of the | ||
Humane Care for Animals Act or a felony violation of Section | ||
48-1 or Section 26-5 of the Criminal Code of 2012 or of the | ||
Criminal Code of 1961 shall forfeit the following: | ||
(1) Any moneys, profits, or proceeds the person | ||
acquired, in whole or in part, as a result of committing |
the violation. | ||
(2) Any real property or interest in real property that | ||
the sentencing court determines, after a forfeiture | ||
hearing under this Article, (i) the person has acquired, in | ||
whole or in part, as a result of committing the violation | ||
or (ii) the person has maintained or used, in whole or in | ||
part, to facilitate, directly or indirectly, the | ||
commission of the violation. Real property subject to | ||
forfeiture under this Part 900 includes property that | ||
belongs to any of the following: | ||
(A) The person organizing the show, exhibition, | ||
program, or other activity described in subsections | ||
(a) through (g) of Section 4.01 of the Humane Care for | ||
Animals Act , or Section 48-1 of the Criminal Code of | ||
2012, or Section 26-5 of the Criminal Code of 1961. | ||
(B) Any other person participating in the activity | ||
described in subsections (a) through (g) of Section | ||
4.01 of the Humane Care for Animals Act , or Section | ||
48-1 of the Criminal Code of 2012, or Section 26-5 of | ||
the Criminal Code of 1961 who is related to the | ||
organization and operation of the activity. | ||
(C) Any person who knowingly allowed the | ||
activities to occur on his or her premises. | ||
The person shall also forfeit any interest in, securities | ||
of, claim against, or contractual right of any kind that | ||
affords the person a source of influence over any enterprise |
that the person has established, operated, controlled, | ||
conducted, or participated in conducting, if the person's | ||
relationship to or connection with any such thing or activity | ||
directly or indirectly, in whole or in part, is traceable to | ||
any item or benefit that the person has obtained or acquired as | ||
a result of a felony violation of Section 4.01 of the Humane | ||
Care for Animals Act , or a felony violation of Section 48-1 of | ||
the Criminal Code of 2012 or Section 26-5 of the Criminal Code | ||
of 1961.
| ||
(Source: P.A. 96-712, eff. 1-1-10; 97-1108, eff. 1-1-13.) | ||
(725 ILCS 5/124B-1000) | ||
Sec. 124B-1000. Persons and property subject to | ||
forfeiture. | ||
(a) A person who commits the offense of unlawful transfer | ||
of a telecommunications device to a minor in violation of | ||
Section 12C-65 or Article 44 of the Criminal Code of 2012 or of | ||
the Criminal Code of 1961 shall forfeit any telecommunications | ||
device used in the commission of the offense or which | ||
constitutes evidence of the commission of such offense. | ||
(b) A person who commits an offense prohibited by the | ||
Criminal Code of 1961, the Criminal Code of 2012, the Illinois | ||
Controlled Substances Act, the Cannabis Control Act, or the | ||
Methamphetamine Control and Community Protection Act, or an | ||
offense involving a telecommunications device possessed by a | ||
person on the real property of any elementary or secondary |
school without authority of the school principal shall forfeit | ||
any telecommunications device used in the commission of the | ||
offense or which constitutes evidence of the commission of such | ||
offense. A person who is not a student of the particular | ||
elementary or secondary school, who is on school property as an | ||
invitee of the school, and who has possession of a | ||
telecommunications device for lawful and legitimate purposes, | ||
shall not need to obtain authority from the school principal to | ||
possess the telecommunications device on school property.
| ||
(Source: P.A. 97-1109, eff. 1-1-13.) | ||
Section 640. The Bill of Rights for Children is amended by | ||
changing Section 3 as follows:
| ||
(725 ILCS 115/3) (from Ch. 38, par. 1353)
| ||
Sec. 3. Rights to present child impact statement.
| ||
(a) In any case where
a defendant has been convicted of a | ||
violent crime involving a child or a
juvenile has been | ||
adjudicated a delinquent for any offense defined in
Sections | ||
11-6, 11-20.1, 11-20.1B, and 11-20.3 and in Sections 11-1.20 | ||
through 11-1.60 or 12-13 through 12-16 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 , except those in
which both | ||
parties have agreed to the imposition of a specific sentence,
| ||
and a parent or legal guardian of the child involved is present | ||
in the
courtroom at the time of the sentencing or the | ||
disposition hearing, the
parent or legal guardian upon his or |
her request shall have the right to
address the court regarding | ||
the impact which the defendant's criminal
conduct or the | ||
juvenile's delinquent conduct has had upon the child. If
the | ||
parent or legal guardian chooses to exercise this right, the | ||
impact
statement must have been prepared in writing in | ||
conjunction with the Office
of the State's Attorney prior to | ||
the initial hearing or sentencing, before
it can be presented | ||
orally at the sentencing hearing. The court shall
consider any | ||
statements made by the parent or legal guardian, along with
all | ||
other appropriate factors in determining the sentence of the | ||
defendant
or disposition of such juvenile.
| ||
(b) The crime victim has the right to prepare a victim | ||
impact statement
and present it to the office of the State's | ||
Attorney at any time during the
proceedings.
| ||
(c) This Section shall apply to any child victims of any | ||
offense defined
in
Sections 11-1.20 through 11-1.60 or 12-13 | ||
through 12-16 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012 during any
dispositional hearing under Section 5-705 of | ||
the Juvenile Court
Act of 1987
which takes place pursuant to an | ||
adjudication of delinquency for any such
offense.
| ||
(Source: P.A. 96-292, eff. 1-1-10; 96-1551, eff. 7-1-11 .)
| ||
Section 645. The Rights of Crime Victims and Witnesses Act | ||
is amended by changing Section 3 as follows:
| ||
(725 ILCS 120/3) (from Ch. 38, par. 1403)
|
Sec. 3. The terms used in this Act, unless the context | ||
clearly
requires otherwise, shall have the following meanings:
| ||
(a) "Crime victim" and "victim" mean (1) a person | ||
physically injured in this State as a
result of a violent crime | ||
perpetrated or attempted against that person or (2) a
person | ||
who suffers injury to or loss of property as a result of a | ||
violent crime
perpetrated or attempted against that person or | ||
(3) a single
representative who
may be the spouse, parent, | ||
child or sibling of a person killed as a result of a
violent | ||
crime perpetrated against the person killed or the spouse, | ||
parent,
child or sibling of any person granted rights under | ||
this Act who is physically
or mentally incapable of exercising | ||
such rights, except where the spouse,
parent, child or sibling | ||
is also the defendant or prisoner or (4) any person
against | ||
whom a violent crime has been committed or (5) any person
who | ||
has suffered personal injury as a result of a violation of | ||
Section 11-501
of the Illinois Vehicle Code, or of a similar | ||
provision of a local ordinance,
or of Section 9-3 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 , as amended | ||
or (6) in proceedings under the Juvenile Court Act of 1987, | ||
both parents, legal guardians, foster parents, or a single | ||
adult representative of a minor or disabled person who is a | ||
crime victim.
| ||
(b) "Witness" means any person who personally observed the | ||
commission of
a violent crime and who will testify on behalf of | ||
the State of Illinois in
the criminal prosecution of the |
violent crime.
| ||
(c) "Violent Crime" means any felony in which force or | ||
threat of force was
used against the victim, or any offense | ||
involving sexual exploitation, sexual
conduct or sexual | ||
penetration, or a violation of Section 11-20.1, 11-20.1B, or | ||
11-20.3 of the Criminal Code of 1961 or the Criminal Code of | ||
2012 , domestic battery, violation of an order of
protection, | ||
stalking, or any misdemeanor which results in death or great | ||
bodily
harm to the victim or any violation of Section 9-3 of | ||
the Criminal Code of
1961 or the Criminal Code of 2012 , or | ||
Section 11-501 of the Illinois Vehicle
Code, or a similar | ||
provision of a local ordinance, if the violation resulted
in | ||
personal injury or death, and includes any action committed by | ||
a juvenile
that would be a violent crime if committed by an | ||
adult. For the purposes of
this paragraph, "personal injury" | ||
shall include any Type A injury as indicated
on the traffic | ||
accident report completed by a law enforcement officer that
| ||
requires immediate professional attention in either a doctor's | ||
office or
medical facility. A type A injury shall include | ||
severely bleeding wounds,
distorted extremities, and injuries | ||
that require the injured party to be
carried from the scene.
| ||
(d) "Sentencing Hearing" means any hearing where a sentence | ||
is imposed
by the court on a convicted defendant and includes | ||
hearings conducted
pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2 | ||
and 5-7-7 of the Unified Code of
Corrections.
| ||
(e) "Court proceedings" includes the preliminary hearing, |
any hearing the
effect of which may be the release of the | ||
defendant from custody or to alter
the conditions of bond, the | ||
trial, sentencing hearing, notice of appeal, any
modification | ||
of sentence, probation revocation hearings or parole hearings.
| ||
(f) "Concerned citizen"
includes relatives of the victim, | ||
friends of the victim, witnesses to the
crime, or any other | ||
person associated with the victim or prisoner. | ||
(Source: P.A. 96-292, eff. 1-1-10; 96-875, eff. 1-22-10; | ||
96-1551, eff. 7-1-11; 97-572, eff. 1-1-12.)
| ||
Section 650. The Narcotics Profit Forfeiture Act is amended | ||
by changing Section 4 as follows:
| ||
(725 ILCS 175/4) (from Ch. 56 1/2, par. 1654)
| ||
Sec. 4. A person commits narcotics racketeering when he:
| ||
(a) Receives income knowing such income to be derived, | ||
directly or indirectly,
from a pattern of narcotics activity in | ||
which he participated, or for which
he is accountable under | ||
Section 5-2 of the Criminal Code of 2012 1961 ; or
| ||
(b) Receives income, knowing such income to be derived, | ||
directly or indirectly,
from a pattern of narcotics activity in | ||
which he participated, or for which
he is accountable under | ||
Section 5-2 of the Criminal Code of 2012 1961 , and he
uses or | ||
invests, directly or indirectly, any part of such income, or | ||
the
proceeds of such income, in acquisition of any interest in, | ||
or the establishment
or operation of, any enterprise doing |
business in the State of Illinois; or
| ||
(c) Knowingly, through a pattern of narcotics activity in | ||
which he participated,
or for which he is accountable under | ||
Section 5-2 of the Criminal Code of
2012 1961 , acquires or | ||
maintains, directly or indirectly, any interest in or
contract | ||
of any enterprise which is engaged in, or the activities of | ||
which
affect, business in the State of Illinois; or
| ||
(d) Being a person employed by or associated with any | ||
enterprise doing
business in the State of Illinois, he | ||
knowingly conducts or participates,
directly or indirectly, in | ||
the conduct of such enterprise's affairs through
a pattern of | ||
narcotics activity in which he participated, or for which he
is | ||
accountable under Section 5-2 of the Criminal Code of 2012 | ||
1961 .
| ||
(Source: P.A. 82-940.)
| ||
Section 655. The Sex Offense Victim Polygraph Act is | ||
amended by changing Section 1 as follows:
| ||
(725 ILCS 200/1) (from Ch. 38, par. 1551)
| ||
Sec. 1. Lie Detector Tests. | ||
(a) No law enforcement officer,
State's Attorney or other | ||
official shall ask or require an alleged victim of
an offense | ||
described in Sections 11-1.20 through 11-1.60 or 12-13 through | ||
12-16 of
the Criminal Code of 1961 or the Criminal Code of | ||
2012 , as amended,
to submit to a
polygraph examination or any |
form of a mechanical or electrical lie
detector test.
| ||
(b) A victim's refusal to submit to a polygraph or any form | ||
of a
mechanical or electrical lie detector test shall not | ||
mitigate against the
investigation, charging or prosecution of | ||
the
pending case as originally charged.
| ||
(Source: P.A. 96-1273, eff. 1-1-11; 96-1551, eff. 7-1-11 .)
| ||
Section 660. The Sexually Violent Persons Commitment Act is | ||
amended by changing Section 5 as follows:
| ||
(725 ILCS 207/5)
| ||
Sec. 5. Definitions. As used in this Act, the term:
| ||
(a) "Department" means the Department of Human
Services.
| ||
(b) "Mental disorder" means a congenital or acquired
| ||
condition affecting the emotional or volitional capacity that
| ||
predisposes a person to engage in acts of sexual violence.
| ||
(c) "Secretary" means the Secretary of
Human Services.
| ||
(d) "Sexually motivated" means that one of the purposes for
| ||
an act is for the actor's sexual arousal or gratification.
| ||
(e) "Sexually violent offense" means any of the following:
| ||
(1) Any crime specified in Section 11-1.20, 11-1.30, | ||
11-1.40, 11-1.60, 11-6, 11-20.1, 11-20.1B, 11-20.3, 12-13, | ||
12-14, 12-14.1,
or 12-16 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 ; or
| ||
(1.5) Any former law of this State specified in Section | ||
11-1 (rape),
11-3 (deviate sexual assault), 11-4 (indecent |
liberties with a child) or 11-4.1
(aggravated indecent | ||
liberties with a child) of the Criminal Code of 1961; or
| ||
(2) First degree murder, if it is determined by the | ||
agency
with jurisdiction to have been sexually motivated; | ||
or
| ||
(3) Any solicitation, conspiracy or attempt to commit a
| ||
crime under paragraph (e)(1) or (e)(2) of this Section.
| ||
(f) "Sexually violent person" means a person who has been
| ||
convicted of a sexually violent offense, has been adjudicated
| ||
delinquent for a sexually violent offense, or has been found | ||
not
guilty of a sexually violent offense by
reason of insanity | ||
and who is
dangerous because he or she suffers from a mental | ||
disorder that
makes it substantially probable that the person | ||
will engage in
acts of sexual violence.
| ||
(Source: P.A. 96-292, eff. 1-1-10; 96-328, eff. 8-11-09; | ||
96-1551, eff. 7-1-11 .)
| ||
Section 665. The Statewide Grand Jury Act is amended by | ||
changing Sections 2, 3, and 4 as follows:
| ||
(725 ILCS 215/2) (from Ch. 38, par. 1702)
| ||
Sec. 2.
(a) County grand juries and State's Attorneys have | ||
always had
and
shall continue to have primary responsibility | ||
for investigating, indicting,
and prosecuting persons who | ||
violate the criminal laws of the State of
Illinois. However, in | ||
recent years organized terrorist activity directed
against |
innocent civilians and certain criminal enterprises have
| ||
developed that require investigation, indictment, and | ||
prosecution on a
statewide or multicounty level. The criminal | ||
enterprises exist
as a result of the
allure of profitability | ||
present in narcotic activity, the unlawful sale and
transfer of | ||
firearms, and streetgang related felonies and organized | ||
terrorist
activity is supported by the contribution of money | ||
and expert assistance from
geographically diverse sources. In
| ||
order to shut off the life blood of terrorism and
weaken or | ||
eliminate the criminal enterprises, assets, and
property
used | ||
to further these offenses must be frozen, and any profit must | ||
be
removed. State
statutes exist that can accomplish that goal. | ||
Among them are the offense of
money laundering, the Cannabis | ||
and Controlled Substances Tax Act, violations
of Article 29D of | ||
the Criminal Code of 1961 or the Criminal Code of 2012 , the
| ||
Narcotics Profit Forfeiture Act, and gunrunning. Local | ||
prosecutors need
investigative personnel and specialized | ||
training to attack and eliminate these
profits. In light of the | ||
transitory and complex nature of conduct that
constitutes these | ||
criminal activities, the many diverse property interests that
| ||
may be used, acquired directly or indirectly as a result of | ||
these criminal
activities, and the many places that illegally | ||
obtained property may be
located, it is the purpose of this Act | ||
to create a limited, multicounty
Statewide Grand Jury with | ||
authority to investigate, indict, and prosecute:
narcotic | ||
activity, including cannabis and controlled substance |
trafficking,
narcotics racketeering, money laundering, | ||
violations of the Cannabis
and
Controlled Substances Tax Act, | ||
and violations of Article 29D of the Criminal
Code of 1961 or | ||
the Criminal Code of 2012 ; the unlawful sale and transfer of | ||
firearms;
gunrunning; and streetgang related felonies.
| ||
(b) A Statewide Grand Jury may also investigate, indict, | ||
and prosecute
violations facilitated by the use of a computer | ||
of any of
the
following offenses: indecent solicitation of a | ||
child, sexual exploitation of a
child, soliciting for a | ||
juvenile prostitute, keeping a place of juvenile
prostitution, | ||
juvenile pimping, child pornography, aggravated child | ||
pornography, or promoting juvenile prostitution except as | ||
described in subdivision (a)(4) of Section 11-14.4 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 .
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
(725 ILCS 215/3) (from Ch. 38, par. 1703)
| ||
Sec. 3. Written application for the appointment of a | ||
Circuit
Judge to convene and preside over a Statewide Grand | ||
Jury, with jurisdiction
extending throughout the State, shall | ||
be made to the Chief Justice of the
Supreme Court. Upon such | ||
written application, the Chief Justice of the
Supreme Court | ||
shall appoint a Circuit Judge from the circuit where the
| ||
Statewide Grand Jury is being sought to be convened, who shall | ||
make a
determination that the convening of a Statewide Grand | ||
Jury is necessary.
|
In such application the Attorney General shall state that | ||
the convening
of a Statewide Grand Jury is necessary because of | ||
an alleged offense or
offenses set forth in this Section | ||
involving more than one county of the
State and identifying any | ||
such offense alleged; and
| ||
(a) that he or she believes that the grand jury | ||
function for the
investigation and indictment of the | ||
offense or offenses cannot effectively be
performed by a | ||
county grand jury together with the reasons for such
| ||
belief, and
| ||
(b)(1) that each State's Attorney with jurisdiction | ||
over an offense
or offenses to be investigated has | ||
consented to the impaneling of the
Statewide Grand | ||
Jury, or
| ||
(2) if one or more of the State's Attorneys having | ||
jurisdiction over
an offense or offenses to be | ||
investigated fails to consent to the impaneling
of the | ||
Statewide Grand Jury, the Attorney General shall set | ||
forth good cause
for impaneling the Statewide Grand | ||
Jury.
| ||
If the Circuit Judge determines that the convening of a | ||
Statewide Grand
Jury is necessary, he or she shall convene and | ||
impanel the Statewide Grand
Jury with jurisdiction extending | ||
throughout the State to investigate and
return indictments:
| ||
(a) For violations of any of the following or for any | ||
other criminal
offense committed in the course of violating |
any of the following: Article
29D of the Criminal Code of | ||
1961 or the Criminal Code of 2012 , the
Illinois Controlled | ||
Substances Act, the Cannabis Control Act, the | ||
Methamphetamine Control and Community Protection Act, the | ||
Narcotics
Profit Forfeiture Act, or the Cannabis and | ||
Controlled Substances Tax Act; a
streetgang related felony | ||
offense; Section 24-2.1, 24-2.2, 24-3, 24-3A, 24-3.1,
| ||
24-3.3, 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), | ||
24-1(a)(6), 24-1(a)(7),
24-1(a)(9), 24-1(a)(10), or | ||
24-1(c) of the Criminal Code of 1961 or the Criminal Code | ||
of 2012 ; or a money
laundering offense; provided that the | ||
violation or offense involves acts
occurring in more than | ||
one county of this State; and
| ||
(a-5) For violations facilitated by the use of a | ||
computer, including
the use of the Internet, the World Wide | ||
Web, electronic mail, message board,
newsgroup, or any | ||
other commercial or noncommercial on-line service, of any | ||
of
the following offenses: indecent solicitation of a | ||
child, sexual exploitation
of a child, soliciting for a | ||
juvenile prostitute, keeping a place of juvenile
| ||
prostitution, juvenile pimping, child pornography, | ||
aggravated child pornography, or promoting juvenile | ||
prostitution except as described in subdivision (a)(4) of | ||
Section 11-14.4 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 ; and
| ||
(b) For the offenses of perjury, subornation of |
perjury, communicating
with jurors and witnesses, and | ||
harassment of jurors and witnesses, as they
relate to | ||
matters before the Statewide Grand Jury.
| ||
"Streetgang related" has the meaning ascribed to it in | ||
Section 10 of the
Illinois Streetgang Terrorism Omnibus | ||
Prevention Act.
| ||
Upon written application by the Attorney General for the | ||
convening of an
additional Statewide Grand Jury, the Chief | ||
Justice of the Supreme Court shall
appoint a Circuit Judge from | ||
the circuit for which the additional Statewide
Grand Jury is | ||
sought. The Circuit Judge shall determine the necessity for
an | ||
additional Statewide Grand Jury in accordance with the | ||
provisions of this
Section. No more than 2 Statewide Grand | ||
Juries may be empaneled at any time.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
(725 ILCS 215/4) (from Ch. 38, par. 1704)
| ||
Sec. 4.
(a) The presiding judge of the Statewide Grand Jury | ||
will
receive recommendations from the Attorney General as to | ||
the county in which
the Grand Jury will sit. Prior to making | ||
the recommendations, the Attorney
General shall obtain the | ||
permission of the local State's Attorney to use
his or her | ||
county for the site of the Statewide Grand Jury. Upon receiving
| ||
the Attorney General's recommendations, the presiding judge | ||
will choose one
of those recommended locations as the site | ||
where the Grand Jury shall sit.
|
Any indictment by a Statewide Grand Jury shall be returned | ||
to the
Circuit Judge presiding over the Statewide Grand Jury | ||
and shall include a
finding as to the county or counties in | ||
which the alleged offense was
committed. Thereupon, the judge | ||
shall, by order, designate the county of
venue for the purpose | ||
of trial. The judge may also, by order, direct the
| ||
consolidation of an indictment returned by a county grand jury | ||
with an
indictment returned by the Statewide Grand Jury and set | ||
venue for trial.
| ||
(b) Venue for purposes of trial for the offense of | ||
narcotics
racketeering shall be proper in any county where:
| ||
(1) Cannabis or a controlled substance which is the | ||
basis for the charge
of narcotics racketeering was used; | ||
acquired; transferred or distributed
to, from or through; | ||
or any county where any act was performed to further
the | ||
use; acquisition, transfer or distribution of said | ||
cannabis or
controlled substance; or
| ||
(2) Any money, property, property interest, or any | ||
other asset generated
by narcotics activities was | ||
acquired, used, sold, transferred or
distributed to, from | ||
or through; or,
| ||
(3) Any enterprise interest obtained as a result of | ||
narcotics
racketeering was acquired, used, transferred or | ||
distributed to, from or
through, or where any activity was | ||
conducted by the enterprise or any
conduct to further the | ||
interests of such an enterprise.
|
(c) Venue for purposes of trial for the offense of money | ||
laundering
shall be proper in any county where any part of a | ||
financial transaction in
criminally derived property took | ||
place, or in any county where any money or
monetary interest | ||
which is the basis for the offense, was acquired, used,
sold, | ||
transferred or distributed to, from, or through.
| ||
(d) A person who commits the offense of cannabis | ||
trafficking or
controlled substance trafficking may be tried in | ||
any county.
| ||
(e) Venue for purposes of trial for any violation of | ||
Article 29D of the
Criminal Code of 1961 or the Criminal Code | ||
of 2012 may be in the county in which an act of terrorism | ||
occurs,
the county in which material support or resources are | ||
provided or solicited,
the county in which criminal assistance | ||
is rendered, or any county in which any
act in furtherance of | ||
any violation of Article 29D of the Criminal Code of 1961 or | ||
the Criminal Code of 2012
occurs.
| ||
(Source: P.A. 92-854, eff. 12-5-02.)
| ||
Section 670. The Unified Code of Corrections is amended by | ||
changing Sections 3-1-2, 3-3-2, 3-3-7, 3-6-3, 3-6-4, 3-10-7, | ||
3-14-1.5, 3-14-2, 5-3-2, 5-3-4, 5-4-1, 5-4-3, 5-4-3.1, | ||
5-4-3.2, 5-4.5-20, 5-5-3, 5-5-3.2, 5-5-5, 5-5-6, 5-6-1, 5-6-3, | ||
5-6-3.1, 5-8-1, 5-8-1.2, 5-8-4, 5-8A-6, 5-9-1.3, 5-9-1.7, | ||
5-9-1.8, 5-9-1.10, 5-9-1.14, 5-9-1.16, 5-9-1.19, and 5-9-1.20 | ||
as follows:
|
(730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
| ||
Sec. 3-1-2. Definitions. | ||
(a) "Chief Administrative Officer" means the
person | ||
designated by the Director to exercise the powers and duties of | ||
the
Department of Corrections in regard to committed persons | ||
within
a correctional institution or facility, and includes the
| ||
superintendent of any juvenile institution or facility.
| ||
(a-5) "Sex offense" for the purposes of paragraph (16) of | ||
subsection (a) of Section 3-3-7, paragraph (10) of subsection | ||
(a) of Section 5-6-3, and paragraph (18) of subsection (c) of | ||
Section 5-6-3.1 only means: | ||
(i) A violation of any of the following Sections of the | ||
Criminal Code of
1961 or the Criminal Code of 2012 : 10-7 | ||
(aiding or abetting child abduction under Section | ||
10-5(b)(10)),
10-5(b)(10) (child luring), 11-6 (indecent | ||
solicitation of a child), 11-6.5
(indecent solicitation of | ||
an adult), 11-14.4 (promoting juvenile prostitution),
| ||
11-15.1 (soliciting for a juvenile
prostitute), 11-17.1 | ||
(keeping a place of juvenile prostitution), 11-18.1
| ||
(patronizing a juvenile prostitute), 11-19.1 (juvenile | ||
pimping),
11-19.2 (exploitation of a child), 11-20.1 | ||
(child pornography), 11-20.1B or 11-20.3 (aggravated child | ||
pornography), 11-1.40 or 12-14.1
(predatory criminal | ||
sexual assault of a child), or 12-33 (ritualized abuse of a
| ||
child). An attempt to commit any of
these offenses. |
(ii) A violation of any of the following Sections of | ||
the Criminal Code
of 1961 or the Criminal Code of 2012 : | ||
11-1.20 or 12-13 (criminal
sexual assault), 11-1.30 or | ||
12-14 (aggravated criminal sexual assault), 11-1.60 or | ||
12-16 (aggravated criminal sexual abuse), and subsection | ||
(a) of Section 11-1.50 or subsection (a) of Section 12-15
| ||
(criminal sexual abuse). An attempt to commit
any of these | ||
offenses. | ||
(iii) A violation of any of the following Sections of | ||
the Criminal Code
of 1961 or the Criminal Code of 2012 when | ||
the defendant is
not a parent of the victim: | ||
10-1 (kidnapping),
| ||
10-2 (aggravated kidnapping), | ||
10-3 (unlawful restraint),
| ||
10-3.1 (aggravated unlawful restraint). | ||
An attempt to commit any of these offenses. | ||
(iv) A violation of any former law of this State | ||
substantially
equivalent to any offense listed in this | ||
subsection (a-5). | ||
An offense violating federal law or the law of another | ||
state
that is substantially equivalent to any offense listed in | ||
this
subsection (a-5) shall constitute a sex offense for the | ||
purpose of
this subsection (a-5). A finding or adjudication as | ||
a sexually dangerous person under
any federal law or law of | ||
another state that is substantially equivalent to the
Sexually | ||
Dangerous Persons Act shall constitute an adjudication for a |
sex offense for the
purposes of this subsection (a-5).
| ||
(b) "Commitment" means a judicially determined placement
| ||
in the custody of the Department of Corrections on the basis of
| ||
delinquency or conviction.
| ||
(c) "Committed Person" is a person committed to the | ||
Department,
however a committed person shall not be considered | ||
to be an employee of
the Department of Corrections for any | ||
purpose, including eligibility for
a pension, benefits, or any | ||
other compensation or rights or privileges which
may be | ||
provided to employees of the Department.
| ||
(c-5) "Computer scrub software" means any third-party | ||
added software, designed to delete information from the | ||
computer unit, the hard drive, or other software, which would | ||
eliminate and prevent discovery of browser activity, including | ||
but not limited to Internet history, address bar or bars, cache | ||
or caches, and/or cookies, and which would over-write files in | ||
a way so as to make previous computer activity, including but | ||
not limited to website access, more difficult to discover. | ||
(d) "Correctional Institution or Facility" means any | ||
building or
part of a building where committed persons are kept | ||
in a secured manner.
| ||
(e) In the case of functions performed before the effective | ||
date of this amendatory Act of the 94th General Assembly, | ||
"Department" means the Department of Corrections of this State. | ||
In the case of functions performed on or after the effective | ||
date of this amendatory Act of the 94th General Assembly, |
"Department" has the meaning ascribed to it in subsection | ||
(f-5).
| ||
(f) In the case of functions performed before the effective | ||
date of this amendatory Act of the 94th General Assembly, | ||
"Director" means the Director of the Department of Corrections. | ||
In the case of functions performed on or after the effective | ||
date of this amendatory Act of the 94th General Assembly, | ||
"Director" has the meaning ascribed to it in subsection (f-5).
| ||
(f-5) In the case of functions performed on or after the | ||
effective date of this amendatory Act of the 94th General | ||
Assembly, references to "Department" or "Director" refer to | ||
either the Department of Corrections or the Director of | ||
Corrections or to the Department of Juvenile Justice or the | ||
Director of Juvenile Justice unless the context is specific to | ||
the Department of Juvenile Justice or the Director of Juvenile | ||
Justice.
| ||
(g) "Discharge" means the final termination of a commitment
| ||
to the Department of Corrections.
| ||
(h) "Discipline" means the rules and regulations for the
| ||
maintenance of order and the protection of persons and property
| ||
within the institutions and facilities of the Department and
| ||
their enforcement.
| ||
(i) "Escape" means the intentional and unauthorized | ||
absence
of a committed person from the custody of the | ||
Department.
| ||
(j) "Furlough" means an authorized leave of absence from |
the
Department of Corrections for a designated purpose and | ||
period of time.
| ||
(k) "Parole" means the conditional and revocable release
of | ||
a committed person under the supervision of a parole officer.
| ||
(l) "Prisoner Review Board" means the Board established in
| ||
Section 3-3-1(a), independent of the Department, to review
| ||
rules and regulations with respect to good time credits, to
| ||
hear charges brought by the Department against certain | ||
prisoners
alleged to have violated Department rules with | ||
respect to good
time credits, to set release dates for certain | ||
prisoners
sentenced under the law in effect prior to the | ||
effective
date of this Amendatory Act of 1977, to hear requests | ||
and
make recommendations to the Governor with respect to | ||
pardon,
reprieve or commutation, to set conditions for parole | ||
and
mandatory supervised release and determine whether | ||
violations
of those conditions justify revocation of parole or | ||
release,
and to assume all other functions previously exercised | ||
by the
Illinois Parole and Pardon Board.
| ||
(m) Whenever medical treatment, service, counseling, or
| ||
care is referred to in this Unified Code of Corrections,
such | ||
term may be construed by the Department or Court, within
its | ||
discretion, to include treatment, service or counseling by
a | ||
Christian Science practitioner or nursing care appropriate
| ||
therewith whenever request therefor is made by a person subject
| ||
to the provisions of this Act.
| ||
(n) "Victim" shall have the meaning ascribed to it in |
subsection (a) of
Section 3 of the Bill of Rights for Victims | ||
and Witnesses of Violent Crime Act.
| ||
(o) "Wrongfully imprisoned person" means a person who has | ||
been discharged from a prison of this State and
has received: | ||
(1) a pardon from the Governor stating that such pardon | ||
is issued on the ground of innocence of the crime for which | ||
he or she was imprisoned; or | ||
(2) a certificate of innocence from the Circuit Court | ||
as provided in Section 2-702 of the Code of Civil | ||
Procedure. | ||
(Source: P.A. 96-362, eff. 1-1-10; 96-710, eff. 1-1-10; | ||
96-1000, eff. 7-2-10; 96-1550, eff. 7-1-11; 96-1551, eff. | ||
7-1-11; 97-1109, eff. 1-1-13.)
| ||
(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
| ||
Sec. 3-3-2. Powers and Duties.
| ||
(a) The Parole and Pardon Board is abolished and the term | ||
"Parole and
Pardon Board" as used in any law of Illinois, shall | ||
read "Prisoner Review
Board." After the effective date of this | ||
amendatory Act of 1977, the
Prisoner Review Board shall provide | ||
by rule for the orderly transition of
all files, records, and | ||
documents of the Parole and Pardon Board and for
such other | ||
steps as may be necessary to effect an orderly transition and | ||
shall:
| ||
(1) hear by at least one member and through a panel of | ||
at least 3 members
decide, cases of prisoners
who were |
sentenced under the law in effect prior to the effective
| ||
date of this amendatory Act of 1977, and who are eligible | ||
for parole;
| ||
(2) hear by at least one member and through a panel of | ||
at least 3 members decide, the conditions of
parole and the | ||
time of discharge from parole, impose sanctions for
| ||
violations of parole, and revoke
parole for those sentenced | ||
under the law in effect prior to this amendatory
Act of | ||
1977; provided that the decision to parole and the | ||
conditions of
parole for all prisoners who were sentenced | ||
for first degree murder or who
received a minimum sentence | ||
of 20 years or more under the law in effect
prior to | ||
February 1, 1978 shall be determined by a majority vote of | ||
the
Prisoner Review Board. One representative supporting | ||
parole and one representative opposing parole will be | ||
allowed to speak. Their comments shall be limited to making | ||
corrections and filling in omissions to the Board's | ||
presentation and discussion;
| ||
(3) hear by at least one member and through a panel of | ||
at least 3 members decide, the conditions
of mandatory | ||
supervised release and the time of discharge from mandatory
| ||
supervised release, impose sanctions for violations of | ||
mandatory
supervised release, and revoke mandatory | ||
supervised release for those
sentenced under the law in | ||
effect after the effective date of this
amendatory Act of | ||
1977;
|
(3.5) hear by at least one member and through a panel | ||
of at least 3 members decide, the conditions of mandatory | ||
supervised release and the time of discharge from mandatory | ||
supervised release, to impose sanctions for violations of | ||
mandatory supervised release and revoke mandatory | ||
supervised release for those serving extended supervised | ||
release terms pursuant to paragraph (4) of subsection (d) | ||
of Section 5-8-1;
| ||
(4) hear by at least one 1 member and through a panel | ||
of at least 3
members,
decide cases brought by the | ||
Department of Corrections against a prisoner in
the custody | ||
of the Department for alleged violation of Department rules
| ||
with respect to sentence credits under Section 3-6-3 of | ||
this Code
in which the Department seeks to revoke sentence | ||
credits, if the amount
of time at issue exceeds 30 days or | ||
when, during any 12 month period, the
cumulative amount of | ||
credit revoked exceeds 30 days except where the
infraction | ||
is committed or discovered within 60 days of scheduled | ||
release.
In such cases, the Department of Corrections may | ||
revoke up to 30 days of
sentence credit. The Board may | ||
subsequently approve the revocation of
additional sentence | ||
credit, if the Department seeks to revoke sentence credit | ||
in excess of thirty days. However, the Board shall not be
| ||
empowered to review the Department's decision with respect | ||
to the loss of
30 days of sentence credit for any prisoner | ||
or to increase any penalty
beyond the length requested by |
the Department;
| ||
(5) hear by at least one member and through a panel of | ||
at least 3
members decide, the
release dates for certain | ||
prisoners sentenced under the law in existence
prior to the | ||
effective date of this amendatory Act of 1977, in
| ||
accordance with Section 3-3-2.1 of this Code;
| ||
(6) hear by at least one member and through a panel of | ||
at least 3 members
decide, all requests for pardon, | ||
reprieve or commutation, and make confidential
| ||
recommendations to the Governor;
| ||
(7) comply with the requirements of the Open Parole | ||
Hearings Act;
| ||
(8) hear by at least one member and, through a panel of | ||
at least 3
members, decide cases brought by the Department | ||
of Corrections against a
prisoner in the custody of the | ||
Department for court dismissal of a frivolous
lawsuit | ||
pursuant to Section 3-6-3(d) of this Code in which the | ||
Department seeks
to revoke up to 180 days of sentence | ||
credit, and if the prisoner has not
accumulated 180 days of | ||
sentence credit at the time of the dismissal, then
all | ||
sentence credit accumulated by the prisoner shall be | ||
revoked;
| ||
(9) hear by at least 3 members, and, through a panel of | ||
at least 3
members, decide whether to grant certificates of | ||
relief from
disabilities or certificates of good conduct as | ||
provided in Article 5.5 of
Chapter V; and |
(10) upon a petition by a person who has been convicted | ||
of a Class 3 or Class 4 felony and who meets the | ||
requirements of this paragraph, hear by at least 3 members | ||
and, with the unanimous vote of a panel of 3 members, issue | ||
a certificate of eligibility for sealing recommending that | ||
the court order the sealing of all official
records of the | ||
arresting authority, the circuit court clerk, and the | ||
Department of State Police concerning the arrest and | ||
conviction for the Class 3 or 4 felony. A person may not | ||
apply to the Board for a certificate of eligibility for | ||
sealing: | ||
(A) until 5 years have elapsed since the expiration | ||
of his or her sentence; | ||
(B) until 5 years have elapsed since any arrests or | ||
detentions by a law enforcement officer for an alleged | ||
violation of law, other than a petty offense, traffic | ||
offense, conservation offense, or local ordinance | ||
offense; | ||
(C) if convicted of a violation of the Cannabis | ||
Control Act, Illinois Controlled Substances Act, the | ||
Methamphetamine Control and Community Protection Act, | ||
the Methamphetamine Precursor Control Act, or the | ||
Methamphetamine Precursor Tracking Act unless the | ||
petitioner has completed a drug abuse program for the | ||
offense on which sealing is sought and provides proof | ||
that he or she has completed the program successfully; |
(D) if convicted of: | ||
(i) a sex offense described in Article 11 or | ||
Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||
the Criminal Code of 1961 or the Criminal Code of | ||
2012 ; | ||
(ii) aggravated assault; | ||
(iii) aggravated battery; | ||
(iv) domestic battery; | ||
(v) aggravated domestic battery; | ||
(vi) violation of an order of protection; | ||
(vii) an offense under the Criminal Code of | ||
1961 or the Criminal Code of 2012 involving a | ||
firearm; | ||
(viii) driving while under the influence of | ||
alcohol, other drug or drugs, intoxicating | ||
compound or compounds or any combination thereof; | ||
(ix) aggravated driving while under the | ||
influence of alcohol, other drug or drugs, | ||
intoxicating compound or compounds or any | ||
combination thereof; or | ||
(x) any crime defined as a crime of violence | ||
under Section 2 of the Crime Victims Compensation | ||
Act. | ||
If a person has applied to the Board for a certificate of | ||
eligibility for sealing and the Board denies the certificate, | ||
the person must wait at least 4 years before filing again or |
filing for pardon from the Governor unless the Chairman of the | ||
Prisoner Review Board grants a waiver. | ||
The decision to issue or refrain from issuing a certificate | ||
of eligibility for sealing shall be at the Board's sole | ||
discretion, and shall not give rise to any cause of action | ||
against either the Board or its members. | ||
The Board may only authorize the sealing of Class 3 and 4 | ||
felony convictions of the petitioner from one information or | ||
indictment under this paragraph (10). A petitioner may only | ||
receive one certificate of eligibility for sealing under this | ||
provision for life.
| ||
(a-5) The Prisoner Review Board, with the cooperation of | ||
and in
coordination with the Department of Corrections and the | ||
Department of Central
Management Services, shall implement a | ||
pilot project in 3 correctional
institutions providing for the | ||
conduct of hearings under paragraphs (1) and
(4)
of subsection | ||
(a) of this Section through interactive video conferences.
The
| ||
project shall be implemented within 6 months after the | ||
effective date of this
amendatory Act of 1996. Within 6 months | ||
after the implementation of the pilot
project, the Prisoner | ||
Review Board, with the cooperation of and in coordination
with | ||
the Department of Corrections and the Department of Central | ||
Management
Services, shall report to the Governor and the | ||
General Assembly regarding the
use, costs, effectiveness, and | ||
future viability of interactive video
conferences for Prisoner | ||
Review Board hearings.
|
(b) Upon recommendation of the Department the Board may | ||
restore sentence credit previously revoked.
| ||
(c) The Board shall cooperate with the Department in | ||
promoting an
effective system of parole and mandatory | ||
supervised release.
| ||
(d) The Board shall promulgate rules for the conduct of its | ||
work,
and the Chairman shall file a copy of such rules and any | ||
amendments
thereto with the Director and with the Secretary of | ||
State.
| ||
(e) The Board shall keep records of all of its official | ||
actions and
shall make them accessible in accordance with law | ||
and the rules of the
Board.
| ||
(f) The Board or one who has allegedly violated the | ||
conditions of
his parole or mandatory supervised release may | ||
require by subpoena the
attendance and testimony of witnesses | ||
and the production of documentary
evidence relating to any | ||
matter under investigation or hearing. The
Chairman of the | ||
Board may sign subpoenas which shall be served by any
agent or | ||
public official authorized by the Chairman of the Board, or by
| ||
any person lawfully authorized to serve a subpoena under the | ||
laws of the
State of Illinois. The attendance of witnesses, and | ||
the production of
documentary evidence, may be required from | ||
any place in the State to a
hearing location in the State | ||
before the Chairman of the Board or his
designated agent or | ||
agents or any duly constituted Committee or
Subcommittee of the | ||
Board. Witnesses so summoned shall be paid the same
fees and |
mileage that are paid witnesses in the circuit courts of the
| ||
State, and witnesses whose depositions are taken and the | ||
persons taking
those depositions are each entitled to the same | ||
fees as are paid for
like services in actions in the circuit | ||
courts of the State. Fees and
mileage shall be vouchered for | ||
payment when the witness is discharged
from further attendance.
| ||
In case of disobedience to a subpoena, the Board may | ||
petition any
circuit court of the State for an order requiring | ||
the attendance and
testimony of witnesses or the production of | ||
documentary evidence or
both. A copy of such petition shall be | ||
served by personal service or by
registered or certified mail | ||
upon the person who has failed to obey the
subpoena, and such | ||
person shall be advised in writing that a hearing
upon the | ||
petition will be requested in a court room to be designated in
| ||
such notice before the judge hearing motions or extraordinary | ||
remedies
at a specified time, on a specified date, not less | ||
than 10 nor more than
15 days after the deposit of the copy of | ||
the written notice and petition
in the U.S. mails addressed to | ||
the person at his last known address or
after the personal | ||
service of the copy of the notice and petition upon
such | ||
person. The court upon the filing of such a petition, may order | ||
the
person refusing to obey the subpoena to appear at an | ||
investigation or
hearing, or to there produce documentary | ||
evidence, if so ordered, or to
give evidence relative to the | ||
subject matter of that investigation or
hearing. Any failure to | ||
obey such order of the circuit court may be
punished by that |
court as a contempt of court.
| ||
Each member of the Board and any hearing officer designated | ||
by the
Board shall have the power to administer oaths and to | ||
take the testimony
of persons under oath.
| ||
(g) Except under subsection (a) of this Section, a majority | ||
of the
members then appointed to the Prisoner Review Board | ||
shall constitute a
quorum for the transaction of all business | ||
of the Board.
| ||
(h) The Prisoner Review Board shall annually transmit to | ||
the
Director a detailed report of its work for the preceding | ||
calendar year.
The annual report shall also be transmitted to | ||
the Governor for
submission to the Legislature.
| ||
(Source: P.A. 96-875, eff. 1-22-10; 97-697, eff. 6-22-12; | ||
97-1120, eff. 1-1-13; revised 9-20-12.)
| ||
(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | ||
Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | ||
Release.
| ||
(a) The conditions of parole or mandatory
supervised | ||
release shall be such as the Prisoner Review
Board deems | ||
necessary to assist the subject in leading a
law-abiding life. | ||
The conditions of every parole and mandatory
supervised release | ||
are that the subject:
| ||
(1) not violate any criminal statute of any | ||
jurisdiction
during the parole or release term;
| ||
(2) refrain from possessing a firearm or other |
dangerous
weapon;
| ||
(3) report to an agent of the Department of | ||
Corrections;
| ||
(4) permit the agent to visit him or her at his or her | ||
home, employment,
or
elsewhere to the
extent necessary for | ||
the agent to discharge his or her duties;
| ||
(5) attend or reside in a facility established for the | ||
instruction or
residence
of persons on
parole or mandatory | ||
supervised release;
| ||
(6) secure permission before visiting or writing a | ||
committed person in an
Illinois Department
of Corrections | ||
facility;
| ||
(7) report all arrests to an agent of the Department of | ||
Corrections as
soon as
permitted by the
arresting authority | ||
but in no event later than 24 hours after release from
| ||
custody and immediately report service or notification of | ||
an order of protection, a civil no contact order, or a | ||
stalking no contact order to an agent of the Department of | ||
Corrections;
| ||
(7.5) if convicted of a sex offense as defined in the | ||
Sex Offender
Management Board Act, the individual shall | ||
undergo and successfully complete
sex offender treatment | ||
conducted in conformance with the standards developed by
| ||
the Sex
Offender Management Board Act by a treatment | ||
provider approved by the Board;
| ||
(7.6) if convicted of a sex offense as defined in the |
Sex Offender
Management Board Act, refrain from residing at | ||
the same address or in the same condominium unit or | ||
apartment unit or in the same condominium complex or | ||
apartment complex with another person he or she knows or | ||
reasonably should know is a convicted sex offender or has | ||
been placed on supervision for a sex offense; the | ||
provisions of this paragraph do not apply to a person | ||
convicted of a sex offense who is placed in a Department of | ||
Corrections licensed transitional housing facility for sex | ||
offenders, or is in any facility operated or licensed by | ||
the Department of Children and Family Services or by the | ||
Department of Human Services, or is in any licensed medical | ||
facility;
| ||
(7.7) if convicted for an offense that would qualify | ||
the accused as a sexual predator under the Sex Offender | ||
Registration Act on or after January 1, 2007 (the effective | ||
date of Public Act 94-988), wear an approved electronic | ||
monitoring device as defined in Section 5-8A-2 for the | ||
duration of the person's parole, mandatory supervised | ||
release term, or extended mandatory supervised release | ||
term and if convicted for an offense of criminal sexual | ||
assault, aggravated criminal sexual assault, predatory | ||
criminal sexual assault of a child, criminal sexual abuse, | ||
aggravated criminal sexual abuse, or ritualized abuse of a | ||
child committed on or after August 11, 2009 (the effective | ||
date of Public Act 96-236) when the victim was under 18 |
years of age at the time of the commission of the offense | ||
and the defendant used force or the threat of force in the | ||
commission of the offense wear an approved electronic | ||
monitoring device as defined in Section 5-8A-2 that has | ||
Global Positioning System (GPS) capability for the | ||
duration of the person's parole, mandatory supervised | ||
release term, or extended mandatory supervised release | ||
term;
| ||
(7.8) if convicted for an offense committed on or after | ||
June 1, 2008 (the effective date of Public Act 95-464) that | ||
would qualify the accused as a child sex offender as | ||
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 , refrain from | ||
communicating with or contacting, by means of the Internet, | ||
a person who is not related to the accused and whom the | ||
accused reasonably believes to be under 18 years of age; | ||
for purposes of this paragraph (7.8), "Internet" has the | ||
meaning ascribed to it in Section 16-0.1 of the Criminal | ||
Code of 2012 1961 ; and a person is not related to the | ||
accused if the person is not: (i) the spouse, brother, or | ||
sister of the accused; (ii) a descendant of the accused; | ||
(iii) a first or second cousin of the accused; or (iv) a | ||
step-child or adopted child of the accused;
| ||
(7.9)
if convicted under Section 11-6, 11-20.1, | ||
11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 , consent to search of computers, |
PDAs, cellular phones, and other devices under his or her | ||
control that are capable of accessing the Internet or | ||
storing electronic files, in order to confirm Internet | ||
protocol addresses reported in accordance with the Sex | ||
Offender Registration Act and compliance with conditions | ||
in this Act;
| ||
(7.10)
if convicted for an offense that would qualify | ||
the accused as a sex offender or sexual predator under the | ||
Sex Offender Registration Act on or after June 1, 2008 (the | ||
effective date of Public Act 95-640), not possess | ||
prescription drugs for erectile dysfunction;
| ||
(7.11) if convicted for an offense under Section 11-6, | ||
11-9.1, 11-14.4 that involves soliciting for a juvenile | ||
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012 , | ||
or any attempt to commit any of these offenses, committed | ||
on or after June 1, 2009 (the effective date of Public Act | ||
95-983): | ||
(i) not access or use a computer or any other | ||
device with Internet capability without the prior | ||
written approval of the Department; | ||
(ii) submit to periodic unannounced examinations | ||
of the offender's computer or any other device with | ||
Internet capability by the offender's supervising | ||
agent, a law enforcement officer, or assigned computer | ||
or information technology specialist, including the |
retrieval and copying of all data from the computer or | ||
device and any internal or external peripherals and | ||
removal of such information, equipment, or device to | ||
conduct a more thorough inspection; | ||
(iii) submit to the installation on the offender's | ||
computer or device with Internet capability, at the | ||
offender's expense, of one or more hardware or software | ||
systems to monitor the Internet use; and | ||
(iv) submit to any other appropriate restrictions | ||
concerning the offender's use of or access to a | ||
computer or any other device with Internet capability | ||
imposed by the Board, the Department or the offender's | ||
supervising agent; | ||
(7.12) if convicted of a sex offense as defined in the | ||
Sex Offender
Registration Act committed on or after January | ||
1, 2010 (the effective date of Public Act 96-262), refrain | ||
from accessing or using a social networking website as | ||
defined in Section 17-0.5 of the Criminal Code of 2012 | ||
1961 ;
| ||
(7.13) if convicted of a sex offense as defined in | ||
Section 2 of the Sex Offender Registration Act committed on | ||
or after January 1, 2010 (the effective date of Public Act | ||
96-362) that requires the person to register as a sex | ||
offender under that Act, may not knowingly use any computer | ||
scrub software on any computer that the sex offender uses; | ||
(8) obtain permission of an agent of the Department of |
Corrections before
leaving the
State of Illinois;
| ||
(9) obtain permission of an agent of the Department of | ||
Corrections before
changing
his or her residence or | ||
employment;
| ||
(10) consent to a search of his or her person, | ||
property, or residence
under his or her
control;
| ||
(11) refrain from the use or possession of narcotics or | ||
other controlled
substances in
any form, or both, or any | ||
paraphernalia related to those substances and submit
to a
| ||
urinalysis test as instructed by a parole agent of the | ||
Department of
Corrections;
| ||
(12) not frequent places where controlled substances | ||
are illegally sold,
used,
distributed, or administered;
| ||
(13) not knowingly associate with other persons on | ||
parole or mandatory
supervised
release without prior | ||
written permission of his or her parole agent and not
| ||
associate with
persons who are members of an organized gang | ||
as that term is defined in the
Illinois
Streetgang | ||
Terrorism Omnibus Prevention Act;
| ||
(14) provide true and accurate information, as it | ||
relates to his or her
adjustment in the
community while on | ||
parole or mandatory supervised release or to his or her
| ||
conduct
while incarcerated, in response to inquiries by his | ||
or her parole agent or of
the
Department of Corrections;
| ||
(15) follow any specific instructions provided by the | ||
parole agent that
are consistent
with furthering |
conditions set and approved by the Prisoner Review Board or | ||
by
law,
exclusive of placement on electronic detention, to | ||
achieve the goals and
objectives of his
or her parole or | ||
mandatory supervised release or to protect the public. | ||
These
instructions by the parole agent may be modified at | ||
any time, as the agent
deems
appropriate;
| ||
(16) if convicted of a sex offense as defined in | ||
subsection (a-5) of Section 3-1-2 of this Code, unless the | ||
offender is a parent or guardian of the person under 18 | ||
years of age present in the home and no non-familial minors | ||
are present, not participate in a holiday event involving | ||
children under 18 years of age, such as distributing candy | ||
or other items to children on Halloween, wearing a Santa | ||
Claus costume on or preceding Christmas, being employed as | ||
a department store Santa Claus, or wearing an Easter Bunny | ||
costume on or preceding Easter; | ||
(17) if convicted of a violation of an order of | ||
protection under Section 12-3.4 or Section 12-30 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 , be | ||
placed under electronic surveillance as provided in | ||
Section 5-8A-7 of this Code; | ||
(18) comply with the terms and conditions of an order | ||
of protection issued pursuant to the Illinois Domestic | ||
Violence Act of 1986; an order of protection issued by the | ||
court of another state, tribe, or United States territory; | ||
a no contact order issued pursuant to the Civil No Contact |
Order Act; or a no contact order issued pursuant to the | ||
Stalking No Contact Order Act; and | ||
(19) if convicted of a violation of the Methamphetamine | ||
Control and Community Protection Act, the Methamphetamine
| ||
Precursor Control Act, or a methamphetamine related | ||
offense, be: | ||
(A) prohibited from purchasing, possessing, or | ||
having under his or her control any product containing | ||
pseudoephedrine unless prescribed by a physician; and | ||
(B) prohibited from purchasing, possessing, or | ||
having under his or her control any product containing | ||
ammonium nitrate. | ||
(b) The Board may in addition to other conditions
require | ||
that the subject:
| ||
(1) work or pursue a course of study or vocational | ||
training;
| ||
(2) undergo medical or psychiatric treatment, or | ||
treatment
for drug addiction or alcoholism;
| ||
(3) attend or reside in a facility established for the
| ||
instruction or residence of persons on probation or parole;
| ||
(4) support his dependents;
| ||
(5) (blank);
| ||
(6) (blank);
| ||
(7) (blank);
| ||
(7.5) if convicted for an offense committed on or after | ||
the effective date of this amendatory Act of the 95th |
General Assembly that would qualify the accused as a child | ||
sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 , refrain | ||
from communicating with or contacting, by means of the | ||
Internet, a person who is related to the accused and whom | ||
the accused reasonably believes to be under 18 years of | ||
age; for purposes of this paragraph (7.5), "Internet" has | ||
the meaning ascribed to it in Section 16-0.1 of the | ||
Criminal Code of 2012 1961 ; and a person is related to the | ||
accused if the person is: (i) the spouse, brother, or | ||
sister of the accused; (ii) a descendant of the accused; | ||
(iii) a first or second cousin of the accused; or (iv) a | ||
step-child or adopted child of the accused; | ||
(7.6) if convicted for an offense committed on or after | ||
June 1, 2009 (the effective date of Public Act 95-983) that | ||
would qualify as a sex offense as defined in the Sex | ||
Offender Registration Act: | ||
(i) not access or use a computer or any other | ||
device with Internet capability without the prior | ||
written approval of the Department; | ||
(ii) submit to periodic unannounced examinations | ||
of the offender's computer or any other device with | ||
Internet capability by the offender's supervising | ||
agent, a law enforcement officer, or assigned computer | ||
or information technology specialist, including the | ||
retrieval and copying of all data from the computer or |
device and any internal or external peripherals and | ||
removal of such information, equipment, or device to | ||
conduct a more thorough inspection; | ||
(iii) submit to the installation on the offender's | ||
computer or device with Internet capability, at the | ||
offender's expense, of one or more hardware or software | ||
systems to monitor the Internet use; and | ||
(iv) submit to any other appropriate restrictions | ||
concerning the offender's use of or access to a | ||
computer or any other device with Internet capability | ||
imposed by the Board, the Department or the offender's | ||
supervising agent; and
| ||
(8) in addition, if a minor:
| ||
(i) reside with his parents or in a foster home;
| ||
(ii) attend school;
| ||
(iii) attend a non-residential program for youth; | ||
or
| ||
(iv) contribute to his own support at home or in a | ||
foster
home.
| ||
(b-1) In addition to the conditions set forth in | ||
subsections (a) and (b), persons required to register as sex | ||
offenders pursuant to the Sex Offender Registration Act, upon | ||
release from the custody of the Illinois Department of | ||
Corrections, may be required by the Board to comply with the | ||
following specific conditions of release: | ||
(1) reside only at a Department approved location; |
(2) comply with all requirements of the Sex Offender | ||
Registration Act;
| ||
(3) notify
third parties of the risks that may be | ||
occasioned by his or her criminal record; | ||
(4) obtain the approval of an agent of the Department | ||
of Corrections prior to accepting employment or pursuing a | ||
course of study or vocational training and notify the | ||
Department prior to any change in employment, study, or | ||
training; | ||
(5) not be employed or participate in any
volunteer | ||
activity that involves contact with children, except under | ||
circumstances approved in advance and in writing by an | ||
agent of the Department of Corrections; | ||
(6) be electronically monitored for a minimum of 12 | ||
months from the date of release as determined by the Board;
| ||
(7) refrain from entering into a designated
geographic | ||
area except upon terms approved in advance by an agent of | ||
the Department of Corrections. The terms may include | ||
consideration of the purpose of the entry, the time of day, | ||
and others accompanying the person; | ||
(8) refrain from having any contact, including
written | ||
or oral communications, directly or indirectly, personally | ||
or by telephone, letter, or through a third party with | ||
certain specified persons including, but not limited to, | ||
the victim or the victim's family without the prior written | ||
approval of an agent of the Department of Corrections; |
(9) refrain from all contact, directly or
indirectly, | ||
personally, by telephone, letter, or through a third party, | ||
with minor children without prior identification and | ||
approval of an agent of the Department of Corrections; | ||
(10) neither possess or have under his or her
control | ||
any material that is sexually oriented, sexually | ||
stimulating, or that shows male or female sex organs or any | ||
pictures depicting children under 18 years of age nude or | ||
any written or audio material describing sexual | ||
intercourse or that depicts or alludes to sexual activity, | ||
including but not limited to visual, auditory, telephonic, | ||
or electronic media, or any matter obtained through access | ||
to any computer or material linked to computer access use; | ||
(11) not patronize any business providing
sexually | ||
stimulating or sexually oriented entertainment nor utilize | ||
"900" or adult telephone numbers; | ||
(12) not reside near, visit, or be in or about
parks, | ||
schools, day care centers, swimming pools, beaches, | ||
theaters, or any other places where minor children | ||
congregate without advance approval of an agent of the | ||
Department of Corrections and immediately report any | ||
incidental contact with minor children to the Department; | ||
(13) not possess or have under his or her control
| ||
certain specified items of contraband related to the | ||
incidence of sexually offending as determined by an agent | ||
of the Department of Corrections; |
(14) may be required to provide a written daily log of | ||
activities
if directed by an agent of the Department of | ||
Corrections; | ||
(15) comply with all other special conditions
that the | ||
Department may impose that restrict the person from | ||
high-risk situations and limit access to potential | ||
victims; | ||
(16) take an annual polygraph exam; | ||
(17) maintain a log of his or her travel; or | ||
(18) obtain prior approval of his or her parole officer | ||
before driving alone in a motor vehicle.
| ||
(c) The conditions under which the parole or mandatory
| ||
supervised release is to be served shall be communicated to
the | ||
person in writing prior to his release, and he shall
sign the | ||
same before release. A signed copy of these conditions,
| ||
including a copy of an order of protection where one had been | ||
issued by the
criminal court, shall be retained by the person | ||
and another copy forwarded to
the officer in charge of his | ||
supervision.
| ||
(d) After a hearing under Section 3-3-9, the Prisoner
| ||
Review Board may modify or enlarge the conditions of parole
or | ||
mandatory supervised release.
| ||
(e) The Department shall inform all offenders committed to
| ||
the Department of the optional services available to them
upon | ||
release and shall assist inmates in availing themselves
of such | ||
optional services upon their release on a voluntary
basis. |
(f) (Blank).
| ||
(Source: P.A. 96-236, eff. 8-11-09; 96-262, eff. 1-1-10; | ||
96-328, eff. 8-11-09; 96-362, eff. 1-1-10; 96-1000, eff. | ||
7-2-10; 96-1539, eff. 3-4-11; 96-1551, Article 2, Section 1065, | ||
eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; | ||
97-50, eff. 6-28-11; 97-531, eff. 1-1-12; 97-560, eff. 1-1-12; | ||
97-597, eff. 1-1-12; 97-1109, eff. 1-1-13.)
| ||
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| ||
Sec. 3-6-3. Rules and Regulations for Sentence Credit.
| ||
(a) (1) The Department of Corrections shall prescribe | ||
rules
and regulations for awarding and revoking sentence | ||
credit for persons committed to the Department which shall
| ||
be subject to review by the Prisoner Review Board.
| ||
(1.5) As otherwise provided by law, sentence credit may | ||
be awarded for the following: | ||
(A) successful completion of programming while in | ||
custody of the Department or while in custody prior to | ||
sentencing; | ||
(B) compliance with the rules and regulations of | ||
the Department; or | ||
(C) service to the institution, service to a | ||
community, or service to the State.
| ||
(2) The rules and regulations on sentence credit shall | ||
provide, with
respect to offenses listed in clause (i), | ||
(ii), or (iii) of this paragraph (2) committed on or after |
June 19, 1998 or with respect to the offense listed in | ||
clause (iv) of this paragraph (2) committed on or after | ||
June 23, 2005 (the effective date of Public Act 94-71) or | ||
with
respect to offense listed in clause (vi)
committed on | ||
or after June 1, 2008 (the effective date of Public Act | ||
95-625)
or with respect to the offense of being an armed | ||
habitual criminal committed on or after August 2, 2005 (the | ||
effective date of Public Act 94-398) or with respect to the | ||
offenses listed in clause (v) of this paragraph (2) | ||
committed on or after August 13, 2007 (the effective date | ||
of Public Act 95-134) or with respect to the offense of | ||
aggravated domestic battery committed on or after July 23, | ||
2010 (the effective date of Public Act 96-1224) or with | ||
respect to the offense of attempt to commit terrorism | ||
committed on or after January 1, 2013 ( the effective date | ||
of Public Act 97-990) this amendatory Act of the 97th | ||
General Assembly , the following:
| ||
(i) that a prisoner who is serving a term of | ||
imprisonment for first
degree murder or for the offense | ||
of terrorism shall receive no sentence
credit and shall | ||
serve the entire
sentence imposed by the court;
| ||
(ii) that a prisoner serving a sentence for attempt | ||
to commit terrorism, attempt to commit first
degree | ||
murder, solicitation of murder, solicitation of murder | ||
for hire,
intentional homicide of an unborn child, | ||
predatory criminal sexual assault of a
child, |
aggravated criminal sexual assault, criminal sexual | ||
assault, aggravated
kidnapping, aggravated battery | ||
with a firearm as described in Section 12-4.2 or | ||
subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of | ||
Section 12-3.05, heinous battery as described in | ||
Section 12-4.1 or subdivision (a)(2) of Section | ||
12-3.05, being an armed habitual criminal, aggravated
| ||
battery of a senior citizen as described in Section | ||
12-4.6 or subdivision (a)(4) of Section 12-3.05, or | ||
aggravated battery of a child as described in Section | ||
12-4.3 or subdivision (b)(1) of Section 12-3.05 shall | ||
receive no
more than 4.5 days of sentence credit for | ||
each month of his or her sentence
of imprisonment;
| ||
(iii) that a prisoner serving a sentence
for home | ||
invasion, armed robbery, aggravated vehicular | ||
hijacking,
aggravated discharge of a firearm, or armed | ||
violence with a category I weapon
or category II | ||
weapon, when the court
has made and entered a finding, | ||
pursuant to subsection (c-1) of Section 5-4-1
of this | ||
Code, that the conduct leading to conviction for the | ||
enumerated offense
resulted in great bodily harm to a | ||
victim, shall receive no more than 4.5 days
of sentence | ||
credit for each month of his or her sentence of | ||
imprisonment;
| ||
(iv) that a prisoner serving a sentence for | ||
aggravated discharge of a firearm, whether or not the |
conduct leading to conviction for the offense resulted | ||
in great bodily harm to the victim, shall receive no | ||
more than 4.5 days of sentence credit for each month of | ||
his or her sentence of imprisonment;
| ||
(v) that a person serving a sentence for | ||
gunrunning, narcotics racketeering, controlled | ||
substance trafficking, methamphetamine trafficking, | ||
drug-induced homicide, aggravated | ||
methamphetamine-related child endangerment, money | ||
laundering pursuant to clause (c) (4) or (5) of Section | ||
29B-1 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012 , or a Class X felony conviction for delivery of | ||
a controlled substance, possession of a controlled | ||
substance with intent to manufacture or deliver, | ||
calculated criminal drug conspiracy, criminal drug | ||
conspiracy, street gang criminal drug conspiracy, | ||
participation in methamphetamine manufacturing, | ||
aggravated participation in methamphetamine | ||
manufacturing, delivery of methamphetamine, possession | ||
with intent to deliver methamphetamine, aggravated | ||
delivery of methamphetamine, aggravated possession | ||
with intent to deliver methamphetamine, | ||
methamphetamine conspiracy when the substance | ||
containing the controlled substance or methamphetamine | ||
is 100 grams or more shall receive no more than 7.5 | ||
days sentence credit for each month of his or her |
sentence of imprisonment;
| ||
(vi)
that a prisoner serving a sentence for a | ||
second or subsequent offense of luring a minor shall | ||
receive no more than 4.5 days of sentence credit for | ||
each month of his or her sentence of imprisonment; and
| ||
(vii) that a prisoner serving a sentence for | ||
aggravated domestic battery shall receive no more than | ||
4.5 days of sentence credit for each month of his or | ||
her sentence of imprisonment.
| ||
(2.1) For all offenses, other than those enumerated in | ||
subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||
June 19, 1998 or subdivision (a)(2)(iv) committed on or | ||
after June 23, 2005 (the effective date of Public Act | ||
94-71) or subdivision (a)(2)(v) committed on or after | ||
August 13, 2007 (the effective date of Public Act 95-134)
| ||
or subdivision (a)(2)(vi) committed on or after June 1, | ||
2008 (the effective date of Public Act 95-625) or | ||
subdivision (a)(2)(vii) committed on or after July 23, 2010 | ||
(the effective date of Public Act 96-1224), and other than | ||
the offense of aggravated driving under the influence of | ||
alcohol, other drug or drugs, or
intoxicating compound or | ||
compounds, or any combination thereof as defined in
| ||
subparagraph (F) of paragraph (1) of subsection (d) of | ||
Section 11-501 of the
Illinois Vehicle Code, and other than | ||
the offense of aggravated driving under the influence of | ||
alcohol,
other drug or drugs, or intoxicating compound or |
compounds, or any combination
thereof as defined in | ||
subparagraph (C) of paragraph (1) of subsection (d) of
| ||
Section 11-501 of the Illinois Vehicle Code committed on or | ||
after January 1, 2011 (the effective date of Public Act | ||
96-1230),
the rules and regulations shall
provide that a | ||
prisoner who is serving a term of
imprisonment shall | ||
receive one day of sentence credit for each day of
his or | ||
her sentence of imprisonment or recommitment under Section | ||
3-3-9.
Each day of sentence credit shall reduce by one day | ||
the prisoner's period
of imprisonment or recommitment | ||
under Section 3-3-9.
| ||
(2.2) A prisoner serving a term of natural life | ||
imprisonment or a
prisoner who has been sentenced to death | ||
shall receive no sentence
credit.
| ||
(2.3) The rules and regulations on sentence credit | ||
shall provide that
a prisoner who is serving a sentence for | ||
aggravated driving under the influence of alcohol,
other | ||
drug or drugs, or intoxicating compound or compounds, or | ||
any combination
thereof as defined in subparagraph (F) of | ||
paragraph (1) of subsection (d) of
Section 11-501 of the | ||
Illinois Vehicle Code, shall receive no more than 4.5
days | ||
of sentence credit for each month of his or her sentence of
| ||
imprisonment.
| ||
(2.4) The rules and regulations on sentence credit | ||
shall provide with
respect to the offenses of aggravated | ||
battery with a machine gun or a firearm
equipped with any |
device or attachment designed or used for silencing the
| ||
report of a firearm or aggravated discharge of a machine | ||
gun or a firearm
equipped with any device or attachment | ||
designed or used for silencing the
report of a firearm, | ||
committed on or after
July 15, 1999 (the effective date of | ||
Public Act 91-121),
that a prisoner serving a sentence for | ||
any of these offenses shall receive no
more than 4.5 days | ||
of sentence credit for each month of his or her sentence
of | ||
imprisonment.
| ||
(2.5) The rules and regulations on sentence credit | ||
shall provide that a
prisoner who is serving a sentence for | ||
aggravated arson committed on or after
July 27, 2001 (the | ||
effective date of Public Act 92-176) shall receive no more | ||
than
4.5 days of sentence credit for each month of his or | ||
her sentence of
imprisonment.
| ||
(2.6) The rules and regulations on sentence credit | ||
shall provide that a
prisoner who is serving a sentence for | ||
aggravated driving under the influence of alcohol,
other | ||
drug or drugs, or intoxicating compound or compounds or any | ||
combination
thereof as defined in subparagraph (C) of | ||
paragraph (1) of subsection (d) of
Section 11-501 of the | ||
Illinois Vehicle Code committed on or after January 1, 2011 | ||
(the effective date of Public Act 96-1230) shall receive no | ||
more than 4.5
days of sentence credit for each month of his | ||
or her sentence of
imprisonment.
| ||
(3) The rules and regulations shall also provide that
|
the Director may award up to 180 days additional sentence
| ||
credit for good conduct in specific instances as the
| ||
Director deems proper. The good conduct may include, but is | ||
not limited to, compliance with the rules and regulations | ||
of the Department, service to the Department, service to a | ||
community, or service to the State. However, the Director | ||
shall not award more than 90 days
of sentence credit for | ||
good conduct to any prisoner who is serving a sentence for
| ||
conviction of first degree murder, reckless homicide while | ||
under the
influence of alcohol or any other drug,
or | ||
aggravated driving under the influence of alcohol, other | ||
drug or drugs, or
intoxicating compound or compounds, or | ||
any combination thereof as defined in
subparagraph (F) of | ||
paragraph (1) of subsection (d) of Section 11-501 of the
| ||
Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| ||
predatory criminal sexual assault of a child,
aggravated | ||
criminal sexual assault, criminal sexual assault, deviate | ||
sexual
assault, aggravated criminal sexual abuse, | ||
aggravated indecent liberties
with a child, indecent | ||
liberties with a child, child pornography, heinous
battery | ||
as described in Section 12-4.1 or subdivision (a)(2) of | ||
Section 12-3.05, aggravated battery of a spouse, | ||
aggravated battery of a spouse
with a firearm, stalking, | ||
aggravated stalking, aggravated battery of a child as | ||
described in Section 12-4.3 or subdivision (b)(1) of | ||
Section 12-3.05,
endangering the life or health of a child, |
or cruelty to a child. Notwithstanding the foregoing, | ||
sentence credit for
good conduct shall not be awarded on a
| ||
sentence of imprisonment imposed for conviction of: (i) one | ||
of the offenses
enumerated in subdivision (a)(2)(i), (ii), | ||
or (iii) when the offense is committed on or after
June 19, | ||
1998 or subdivision (a)(2)(iv) when the offense is | ||
committed on or after June 23, 2005 (the effective date of | ||
Public Act 94-71) or subdivision (a)(2)(v) when the offense | ||
is committed on or after August 13, 2007 (the effective | ||
date of Public Act 95-134)
or subdivision (a)(2)(vi) when | ||
the offense is committed on or after June 1, 2008 (the | ||
effective date of Public Act 95-625) or subdivision | ||
(a)(2)(vii) when the offense is committed on or after July | ||
23, 2010 (the effective date of Public Act 96-1224), (ii) | ||
aggravated driving under the influence of alcohol, other | ||
drug or drugs, or
intoxicating compound or compounds, or | ||
any combination thereof as defined in
subparagraph (F) of | ||
paragraph (1) of subsection (d) of Section 11-501 of the
| ||
Illinois Vehicle Code, (iii) one of the offenses enumerated | ||
in subdivision
(a)(2.4) when the offense is committed on or | ||
after
July 15, 1999 (the effective date of Public Act | ||
91-121),
(iv) aggravated arson when the offense is | ||
committed
on or after July 27, 2001 (the effective date of | ||
Public Act 92-176), (v) offenses that may subject the | ||
offender to commitment under the Sexually Violent Persons | ||
Commitment Act, or (vi) aggravated driving under the |
influence of alcohol,
other drug or drugs, or intoxicating | ||
compound or compounds or any combination
thereof as defined | ||
in subparagraph (C) of paragraph (1) of subsection (d) of
| ||
Section 11-501 of the Illinois Vehicle Code committed on or | ||
after January 1, 2011 (the effective date of Public Act | ||
96-1230).
| ||
Eligible inmates for an award of sentence credit under
this | ||
paragraph (3) may be selected to receive the credit at
the | ||
Director's or his or her designee's sole discretion.
| ||
Consideration may be based on, but not limited to, any
| ||
available risk assessment analysis on the inmate, any history | ||
of conviction for violent crimes as defined by the Rights of | ||
Crime Victims and Witnesses Act, facts and circumstances of the | ||
inmate's holding offense or offenses, and the potential for | ||
rehabilitation. | ||
The Director shall not award sentence credit under this | ||
paragraph (3) to an inmate unless the inmate has served a | ||
minimum of 60 days of the sentence; except nothing in this | ||
paragraph shall be construed to permit the Director to extend | ||
an inmate's sentence beyond that which was imposed by the | ||
court. Prior to awarding credit under this paragraph (3), the | ||
Director shall make a written determination that the inmate: | ||
(A) is eligible for the sentence credit; | ||
(B) has served a minimum of 60 days, or as close to | ||
60 days as the sentence will allow; and | ||
(C) has met the eligibility criteria established |
by rule. | ||
The Director shall determine the form and content of | ||
the written determination required in this subsection. | ||
(3.5) The Department shall provide annual written | ||
reports to the Governor and the General Assembly on the | ||
award of sentence credit for good conduct, with the first | ||
report due January 1, 2014. The Department must publish | ||
both reports on its website within 48 hours of transmitting | ||
the reports to the Governor and the General Assembly. The | ||
reports must include: | ||
(A) the number of inmates awarded sentence credit | ||
for good conduct; | ||
(B) the average amount of sentence credit for good | ||
conduct awarded; | ||
(C) the holding offenses of inmates awarded | ||
sentence credit for good conduct; and | ||
(D) the number of sentence credit for good conduct | ||
revocations.
| ||
(4) The rules and regulations shall also provide that | ||
the sentence
credit accumulated and retained under | ||
paragraph (2.1) of subsection (a) of
this Section by any | ||
inmate during specific periods of time in which such
inmate | ||
is engaged full-time in substance abuse programs, | ||
correctional
industry assignments, educational programs, | ||
behavior modification programs, life skills courses, or | ||
re-entry planning provided by the Department
under this |
paragraph (4) and satisfactorily completes the assigned | ||
program as
determined by the standards of the Department, | ||
shall be multiplied by a factor
of 1.25 for program | ||
participation before August 11, 1993
and 1.50 for program | ||
participation on or after that date.
The rules and | ||
regulations shall also provide that sentence credit, | ||
subject to the same offense limits and multiplier provided | ||
in this paragraph, may be provided to an inmate who was | ||
held in pre-trial detention prior to his or her current | ||
commitment to the Department of Corrections and | ||
successfully completed a full-time, 60-day or longer | ||
substance abuse program, educational program, behavior | ||
modification program, life skills course, or re-entry | ||
planning provided by the county department of corrections | ||
or county jail. Calculation of this county program credit | ||
shall be done at sentencing as provided in Section | ||
5-4.5-100 of this Code and shall be included in the | ||
sentencing order. However, no inmate shall be eligible for | ||
the additional sentence credit
under this paragraph (4) or | ||
(4.1) of this subsection (a) while assigned to a boot camp
| ||
or electronic detention, or if convicted of an offense | ||
enumerated in
subdivision (a)(2)(i), (ii), or (iii) of this | ||
Section that is committed on or after June 19,
1998 or | ||
subdivision (a)(2)(iv) of this Section that is committed on | ||
or after June 23, 2005 (the effective date of Public Act | ||
94-71) or subdivision (a)(2)(v) of this Section that is |
committed on or after August 13, 2007 (the effective date | ||
of Public Act 95-134)
or subdivision (a)(2)(vi) when the | ||
offense is committed on or after June 1, 2008 (the | ||
effective date of Public Act 95-625) or subdivision | ||
(a)(2)(vii) when the offense is committed on or after July | ||
23, 2010 (the effective date of Public Act 96-1224), or if | ||
convicted of aggravated driving under the influence of | ||
alcohol, other drug or drugs, or
intoxicating compound or | ||
compounds or any combination thereof as defined in
| ||
subparagraph (F) of paragraph (1) of subsection (d) of | ||
Section 11-501 of the
Illinois Vehicle Code, or if | ||
convicted of aggravated driving under the influence of | ||
alcohol,
other drug or drugs, or intoxicating compound or | ||
compounds or any combination
thereof as defined in | ||
subparagraph (C) of paragraph (1) of subsection (d) of
| ||
Section 11-501 of the Illinois Vehicle Code committed on or | ||
after January 1, 2011 (the effective date of Public Act | ||
96-1230), or if convicted of an offense enumerated in | ||
paragraph
(a)(2.4) of this Section that is committed on or | ||
after
July 15, 1999 (the effective date of Public Act | ||
91-121),
or first degree murder, a Class X felony, criminal | ||
sexual
assault, felony criminal sexual abuse, aggravated | ||
criminal sexual abuse,
aggravated battery with a firearm as | ||
described in Section 12-4.2 or subdivision (e)(1), (e)(2), | ||
(e)(3), or (e)(4) of Section 12-3.05, or any predecessor or | ||
successor offenses
with the same or substantially the same |
elements, or any inchoate offenses
relating to the | ||
foregoing offenses. No inmate shall be eligible for the
| ||
additional good conduct credit under this paragraph (4) who | ||
(i) has previously
received increased good conduct credit | ||
under this paragraph (4) and has
subsequently been | ||
convicted of a
felony, or (ii) has previously served more | ||
than one prior sentence of
imprisonment for a felony in an | ||
adult correctional facility.
| ||
Educational, vocational, substance abuse, behavior | ||
modification programs, life skills courses, re-entry | ||
planning, and correctional
industry programs under which | ||
sentence credit may be increased under
this paragraph (4) | ||
and paragraph (4.1) of this subsection (a) shall be | ||
evaluated by the Department on the basis of
documented | ||
standards. The Department shall report the results of these
| ||
evaluations to the Governor and the General Assembly by | ||
September 30th of each
year. The reports shall include data | ||
relating to the recidivism rate among
program | ||
participants.
| ||
Availability of these programs shall be subject to the
| ||
limits of fiscal resources appropriated by the General | ||
Assembly for these
purposes. Eligible inmates who are | ||
denied immediate admission shall be
placed on a waiting | ||
list under criteria established by the Department.
The | ||
inability of any inmate to become engaged in any such | ||
programs
by reason of insufficient program resources or for |
any other reason
established under the rules and | ||
regulations of the Department shall not be
deemed a cause | ||
of action under which the Department or any employee or
| ||
agent of the Department shall be liable for damages to the | ||
inmate.
| ||
(4.1) The rules and regulations shall also provide that | ||
an additional 60 days of sentence credit shall be awarded | ||
to any prisoner who passes the high school level Test of | ||
General Educational Development (GED) while the prisoner | ||
is committed to the Department of Corrections. The sentence | ||
credit awarded under this paragraph (4.1) shall be in | ||
addition to, and shall not affect, the award of sentence | ||
credit under any other paragraph of this Section, but shall | ||
also be pursuant to the guidelines and restrictions set | ||
forth in paragraph (4) of subsection (a) of this Section.
| ||
The sentence credit provided for in this paragraph shall be | ||
available only to those prisoners who have not previously | ||
earned a high school diploma or a GED. If, after an award | ||
of the GED sentence credit has been made and the Department | ||
determines that the prisoner was not eligible, then the | ||
award shall be revoked.
The Department may also award 60 | ||
days of sentence credit to any committed person who passed | ||
the high school level Test of General Educational | ||
Development (GED) while he or she was held in pre-trial | ||
detention prior to the current commitment to the Department | ||
of Corrections.
|
(4.5) The rules and regulations on sentence credit | ||
shall also provide that
when the court's sentencing order | ||
recommends a prisoner for substance abuse treatment and the
| ||
crime was committed on or after September 1, 2003 (the | ||
effective date of
Public Act 93-354), the prisoner shall | ||
receive no sentence credit awarded under clause (3) of this | ||
subsection (a) unless he or she participates in and
| ||
completes a substance abuse treatment program. The | ||
Director may waive the requirement to participate in or | ||
complete a substance abuse treatment program and award the | ||
sentence credit in specific instances if the prisoner is | ||
not a good candidate for a substance abuse treatment | ||
program for medical, programming, or operational reasons. | ||
Availability of
substance abuse treatment shall be subject | ||
to the limits of fiscal resources
appropriated by the | ||
General Assembly for these purposes. If treatment is not
| ||
available and the requirement to participate and complete | ||
the treatment has not been waived by the Director, the | ||
prisoner shall be placed on a waiting list under criteria
| ||
established by the Department. The Director may allow a | ||
prisoner placed on
a waiting list to participate in and | ||
complete a substance abuse education class or attend | ||
substance
abuse self-help meetings in lieu of a substance | ||
abuse treatment program. A prisoner on a waiting list who | ||
is not placed in a substance abuse program prior to release | ||
may be eligible for a waiver and receive sentence credit |
under clause (3) of this subsection (a) at the discretion | ||
of the Director.
| ||
(4.6) The rules and regulations on sentence credit | ||
shall also provide that a prisoner who has been convicted | ||
of a sex offense as defined in Section 2 of the Sex | ||
Offender Registration Act shall receive no sentence credit | ||
unless he or she either has successfully completed or is | ||
participating in sex offender treatment as defined by the | ||
Sex Offender Management Board. However, prisoners who are | ||
waiting to receive treatment, but who are unable to do so | ||
due solely to the lack of resources on the part of the | ||
Department, may, at the Director's sole discretion, be | ||
awarded sentence credit at a rate as the Director shall | ||
determine.
| ||
(5) Whenever the Department is to release any inmate | ||
earlier than it
otherwise would because of a grant of | ||
sentence credit for good conduct under paragraph (3) of | ||
subsection (a) of this Section given at any time during the | ||
term, the Department shall give
reasonable notice of the | ||
impending release not less than 14 days prior to the date | ||
of the release to the State's
Attorney of the county where | ||
the prosecution of the inmate took place, and if | ||
applicable, the State's Attorney of the county into which | ||
the inmate will be released. The Department must also make | ||
identification information and a recent photo of the inmate | ||
being released accessible on the Internet by means of a |
hyperlink labeled "Community Notification of Inmate Early | ||
Release" on the Department's World Wide Web homepage.
The | ||
identification information shall include the inmate's: | ||
name, any known alias, date of birth, physical | ||
characteristics, residence address, commitment offense and | ||
county where conviction was imposed. The identification | ||
information shall be placed on the website within 3 days of | ||
the inmate's release and the information may not be removed | ||
until either: completion of the first year of mandatory | ||
supervised release or return of the inmate to custody of | ||
the Department.
| ||
(b) Whenever a person is or has been committed under
| ||
several convictions, with separate sentences, the sentences
| ||
shall be construed under Section 5-8-4 in granting and
| ||
forfeiting of sentence credit.
| ||
(c) The Department shall prescribe rules and regulations
| ||
for revoking sentence credit, including revoking sentence | ||
credit awarded for good conduct under paragraph (3) of | ||
subsection (a) of this Section. The Department shall prescribe | ||
rules and regulations for suspending or reducing
the rate of | ||
accumulation of sentence credit for specific
rule violations, | ||
during imprisonment. These rules and regulations
shall provide | ||
that no inmate may be penalized more than one
year of sentence | ||
credit for any one infraction.
| ||
When the Department seeks to revoke, suspend or reduce
the | ||
rate of accumulation of any sentence credits for
an alleged |
infraction of its rules, it shall bring charges
therefor | ||
against the prisoner sought to be so deprived of
sentence | ||
credits before the Prisoner Review Board as
provided in | ||
subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||
amount of credit at issue exceeds 30 days or
when during any 12 | ||
month period, the cumulative amount of
credit revoked exceeds | ||
30 days except where the infraction is committed
or discovered | ||
within 60 days of scheduled release. In those cases,
the | ||
Department of Corrections may revoke up to 30 days of sentence | ||
credit.
The Board may subsequently approve the revocation of | ||
additional sentence credit, if the Department seeks to revoke | ||
sentence credit in
excess of 30 days. However, the Board shall | ||
not be empowered to review the
Department's decision with | ||
respect to the loss of 30 days of sentence
credit within any | ||
calendar year for any prisoner or to increase any penalty
| ||
beyond the length requested by the Department.
| ||
The Director of the Department of Corrections, in | ||
appropriate cases, may
restore up to 30 days of sentence | ||
credits which have been revoked, suspended
or reduced. Any | ||
restoration of sentence credits in excess of 30 days shall
be | ||
subject to review by the Prisoner Review Board. However, the | ||
Board may not
restore sentence credit in excess of the amount | ||
requested by the Director.
| ||
Nothing contained in this Section shall prohibit the | ||
Prisoner Review Board
from ordering, pursuant to Section | ||
3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the |
sentence imposed by the court that was not served due to the
| ||
accumulation of sentence credit.
| ||
(d) If a lawsuit is filed by a prisoner in an Illinois or | ||
federal court
against the State, the Department of Corrections, | ||
or the Prisoner Review Board,
or against any of
their officers | ||
or employees, and the court makes a specific finding that a
| ||
pleading, motion, or other paper filed by the prisoner is | ||
frivolous, the
Department of Corrections shall conduct a | ||
hearing to revoke up to
180 days of sentence credit by bringing | ||
charges against the prisoner
sought to be deprived of the | ||
sentence credits before the Prisoner Review
Board as provided | ||
in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the | ||
prisoner has not accumulated 180 days of sentence credit at the
| ||
time of the finding, then the Prisoner Review Board may revoke | ||
all
sentence credit accumulated by the prisoner.
| ||
For purposes of this subsection (d):
| ||
(1) "Frivolous" means that a pleading, motion, or other | ||
filing which
purports to be a legal document filed by a | ||
prisoner in his or her lawsuit meets
any or all of the | ||
following criteria:
| ||
(A) it lacks an arguable basis either in law or in | ||
fact;
| ||
(B) it is being presented for any improper purpose, | ||
such as to harass or
to cause unnecessary delay or | ||
needless increase in the cost of litigation;
| ||
(C) the claims, defenses, and other legal |
contentions therein are not
warranted by existing law | ||
or by a nonfrivolous argument for the extension,
| ||
modification, or reversal of existing law or the | ||
establishment of new law;
| ||
(D) the allegations and other factual contentions | ||
do not have
evidentiary
support or, if specifically so | ||
identified, are not likely to have evidentiary
support | ||
after a reasonable opportunity for further | ||
investigation or discovery;
or
| ||
(E) the denials of factual contentions are not | ||
warranted on the
evidence, or if specifically so | ||
identified, are not reasonably based on a lack
of | ||
information or belief.
| ||
(2) "Lawsuit" means a motion pursuant to Section
116-3 | ||
of the Code of Criminal Procedure of 1963, a habeas corpus | ||
action under
Article X of the Code of Civil Procedure or | ||
under federal law (28 U.S.C. 2254),
a petition for claim | ||
under the Court of Claims Act, an action under the
federal | ||
Civil Rights Act (42 U.S.C. 1983), or a second or | ||
subsequent petition for post-conviction relief under | ||
Article 122 of the Code of Criminal Procedure of 1963 | ||
whether filed with or without leave of court or a second or | ||
subsequent petition for relief from judgment under Section | ||
2-1401 of the Code of Civil Procedure.
| ||
(e) Nothing in Public Act 90-592 or 90-593 affects the | ||
validity of Public Act 89-404.
|
(f) Whenever the Department is to release any inmate who | ||
has been convicted of a violation of an order of protection | ||
under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 , earlier than it
otherwise would | ||
because of a grant of sentence credit, the Department, as a | ||
condition of release, shall require that the person, upon | ||
release, be placed under electronic surveillance as provided in | ||
Section 5-8A-7 of this Code. | ||
(Source: P.A. 96-860, eff. 1-15-10; 96-1110, eff. 7-19-10; | ||
96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224, eff. | ||
7-23-10; 96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, | ||
eff. 8-12-11; 97-697, eff. 6-22-12; 97-990, eff. 1-1-13; | ||
revised 8-23-12.)
| ||
(730 ILCS 5/3-6-4) (from Ch. 38, par. 1003-6-4)
| ||
Sec. 3-6-4. Enforcement of Discipline - Escape.
| ||
(a) A committed person who escapes or attempts to escape | ||
from an
institution or facility of the Department of | ||
Corrections, or escapes or attempts to
escape while in the | ||
custody of an employee of the Department of Corrections, or
| ||
holds or participates in the holding of any person as a hostage | ||
by
force, threat or violence, or while participating in any | ||
disturbance,
demonstration or riot, causes, directs or | ||
participates in the
destruction of any property is guilty of a | ||
Class 2 felony. A committed
person who fails to return from | ||
furlough or from work and day release is
guilty of a Class 3 |
felony.
| ||
(b) If one or more committed persons injures or attempts to | ||
injure
in a violent manner any employee, officer, guard, other | ||
peace officer
or any other committed person or damages or | ||
attempts to damage any building or
workshop, or any | ||
appurtenances thereof, or attempts to escape, or disobeys or
| ||
resists any lawful command, the employees, officers, guards and | ||
other peace
officers shall use all suitable means to defend | ||
themselves, to enforce the
observance of discipline, to secure | ||
the persons of the offenders, and prevent
such attempted | ||
violence or escape; and said employees, officers, guards, or
| ||
other peace officers, or any of them, shall, in the attempt to | ||
prevent the
escape of any such person, or in attempting to | ||
retake any such person who has
escaped, or in attempting to | ||
prevent or suppress violence by a committed person
against | ||
another person, a riot, revolt, mutiny or insurrection, be | ||
justified in
the use of force, including force likely to cause | ||
death or great bodily harm
under Section 7-8 of the Criminal | ||
Code of 2012 1961 which he reasonably believed
necessary.
| ||
As used in this Section, "committed person" includes a | ||
person held in
detention in a secure facility or committed as a | ||
sexually violent person and
held in a secure facility under the | ||
Sexually Violent Persons Commitment Act;
and "peace officer" | ||
means any officer or member
of any duly organized State, county | ||
or municipal police unit or police force.
| ||
(c) The Department shall establish procedures to provide |
immediate
notification of the escape of any person, as defined | ||
in subsection (a) of this
Section, to the persons specified in | ||
subsection (c) of Section
3-14-1 of this Code.
| ||
(Source: P.A. 97-1083, eff. 8-24-12.)
| ||
(730 ILCS 5/3-10-7) (from Ch. 38, par. 1003-10-7)
| ||
Sec. 3-10-7. Interdivisional Transfers. | ||
(a) In any case where a minor
was originally prosecuted | ||
under the provisions of the Criminal Code of
1961 or the | ||
Criminal Code of 2012 , as amended, and sentenced under the | ||
provisions of this Act pursuant
to Section 2-7 of the Juvenile | ||
Court Act or Section 5-805 of the
Juvenile
Court Act of 1987 | ||
and committed to the Department of Juvenile Justice under | ||
Section 5-8-6, the Department of Juvenile Justice shall, within
| ||
30 days of the date that the minor
reaches the age of 17, send | ||
formal notification to the sentencing court
and the State's | ||
Attorney of the county from which the minor was sentenced
| ||
indicating the day upon which the minor offender will achieve | ||
the age
of 17. Within 90 days of receipt of that notice, the | ||
sentencing court shall
conduct a hearing, pursuant to the | ||
provisions of subsection (c) of this
Section to determine | ||
whether or not the minor shall continue to remain
under the | ||
auspices of the Department of Juvenile Justice or be | ||
transferred to the Department of Corrections.
| ||
The minor shall be served with notice of the date of the | ||
hearing,
shall be present at the hearing, and has the right to |
counsel at the
hearing. The minor, with the consent of his or | ||
her counsel or guardian may
waive his presence at hearing.
| ||
(b) Unless sooner paroled under Section 3-3-3, the | ||
confinement of a
minor person committed for an indeterminate | ||
sentence in a criminal
proceeding shall terminate at the | ||
expiration of the maximum term of
imprisonment, and he shall | ||
thereupon be released to serve a period of
parole under Section | ||
5-8-1, but if the maximum term of imprisonment does
not expire | ||
until after his 21st birthday, he shall continue to be
subject | ||
to the control and custody of the Department of Juvenile | ||
Justice, and on his 21st
birthday, he shall be transferred to | ||
the Department of Corrections. If such person
is on parole on | ||
his 21st birthday, his parole supervision may be
transferred to | ||
the Department of Corrections.
| ||
(c) Any interdivisional transfer hearing conducted | ||
pursuant to subsection
(a) of this Section shall consider all | ||
available information which may bear
upon the issue of | ||
transfer. All evidence helpful to the court in determining
the | ||
question of transfer, including oral and written reports | ||
containing
hearsay, may be relied upon to the extent of its | ||
probative value, even though
not competent for the purposes of | ||
an adjudicatory hearing. The court shall
consider, along with | ||
any other relevant matter, the following:
| ||
1. The nature of the offense for which the minor was | ||
found guilty and
the length of the sentence the minor has | ||
to serve and the record and
previous history of the minor.
|
2. The record of the minor's adjustment within the | ||
Department of
Juvenile Justice, including, but not limited | ||
to, reports from
the minor's counselor, any escapes, | ||
attempted escapes or violent or
disruptive conduct on the | ||
part of the minor, any tickets received by the
minor, | ||
summaries of classes attended by the minor, and any record | ||
of work
performed by the minor while in the institution.
| ||
3. The relative maturity of the minor based upon the | ||
physical,
psychological and emotional development of the | ||
minor.
| ||
4. The record of the rehabilitative progress of the | ||
minor and an
assessment of the vocational potential of the | ||
minor.
| ||
5. An assessment of the necessity for transfer of the | ||
minor, including,
but not limited to, the availability of | ||
space within the Department of
Corrections, the | ||
disciplinary and security problem which the minor has
| ||
presented to the Department of Juvenile Justice and the | ||
practicability of maintaining
the minor in a juvenile | ||
facility, whether resources have been exhausted
within the | ||
Department of Juvenile Justice, the
availability of | ||
rehabilitative and vocational programs within the
| ||
Department of Corrections, and the anticipated ability of | ||
the minor to
adjust to confinement within an adult | ||
institution based upon the minor's
physical size and | ||
maturity.
|
All relevant factors considered under this subsection need | ||
not be resolved
against the juvenile in order to justify such | ||
transfer. Access to social
records, probation reports or any | ||
other reports which are considered by
the court for the purpose | ||
of transfer shall be made available to counsel
for the juvenile | ||
at least 30 days prior to the date of the transfer hearing.
The | ||
Sentencing Court, upon granting a transfer order, shall | ||
accompany such
order with a statement of reasons.
| ||
(d) Whenever the Director of Juvenile Justice or his | ||
designee determines that the
interests of safety, security and | ||
discipline require the transfer to the
Department of | ||
Corrections of a person 17 years or older who was prosecuted | ||
under the
provisions of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 , as amended, and sentenced under
the | ||
provisions of this Act pursuant to Section 2-7 of the Juvenile | ||
Court Act
or Section 5-805 of the Juvenile Court Act of 1987
| ||
and committed to the Department of Juvenile Justice under | ||
Section 5-8-6, the Director or
his designee may authorize the | ||
emergency transfer of such person, unless
the transfer of the | ||
person is governed by subsection (e) of this Section.
The | ||
sentencing court shall be provided notice of any emergency | ||
transfer no
later than 3 days after the emergency transfer. | ||
Upon motion brought within
60 days of the emergency transfer by | ||
the sentencing court or any party, the
sentencing court may | ||
conduct a hearing pursuant to the provisions of
subsection (c) | ||
of this Section in order to determine whether the person
shall |
remain confined in the Department of Corrections.
| ||
(e) The Director of Juvenile Justice or his designee may | ||
authorize the permanent transfer to
the Department of | ||
Corrections of any person 18 years or older who was prosecuted | ||
under
the provisions of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 , as amended, and sentenced
under the | ||
provisions of this Act pursuant to Section 2-7 of the Juvenile
| ||
Court Act or Section 5-805 of the Juvenile Court Act of 1987
| ||
and committed to the Department of Juvenile Justice under | ||
Section 5-8-6 of this Act.
The Director of Juvenile Justice or | ||
his designee shall be governed by the following factors
in | ||
determining whether to authorize the permanent transfer of the | ||
person to
the Department of Corrections:
| ||
1. The nature of the offense for which the person was | ||
found guilty and
the length of the sentence the person has | ||
to serve and the record and
previous history of the person.
| ||
2. The record of the person's adjustment within the | ||
Department of Juvenile Justice, including, but not limited | ||
to, reports from
the person's counselor, any escapes, | ||
attempted escapes or violent or
disruptive conduct on the | ||
part of the person, any tickets received by the
person, | ||
summaries of classes attended by the person, and any record | ||
of work
performed by the person while in the institution.
| ||
3. The relative maturity of the person based upon the | ||
physical,
psychological and emotional development of the | ||
person.
|
4. The record of the rehabilitative progress of the | ||
person and an
assessment of the vocational potential of the | ||
person.
| ||
5. An assessment of the necessity for transfer of the | ||
person, including,
but not limited to, the availability of | ||
space within the Department of
Corrections, the | ||
disciplinary and security problem which the person has
| ||
presented to the Department of Juvenile Justice and the | ||
practicability of maintaining
the person in a juvenile | ||
facility, whether resources have been exhausted
within the | ||
Department of Juvenile Justice, the
availability of | ||
rehabilitative and vocational programs within the
| ||
Department of Corrections, and the anticipated ability of | ||
the person to
adjust to confinement within an adult | ||
institution based upon the person's
physical size and | ||
maturity.
| ||
(Source: P.A. 97-1083, eff. 8-24-12.)
| ||
(730 ILCS 5/3-14-1.5)
| ||
Sec. 3-14-1.5. Parole agents and parole supervisors; | ||
off-duty firearms. Subsections 24-1(a)(4) and 24-1(a)(10) and | ||
Section 24-1.6 of the Criminal Code of 2012 1961 do not apply | ||
to parole agents and parole supervisors who meet the following | ||
conditions: | ||
(1) The parole agent or parole supervisor must receive | ||
training in the use of firearms while off-duty conducted by the |
Illinois Law Enforcement Training Standards Board and be | ||
certified as having successfully completing such training by | ||
the Board. The Board shall determine the amount of such | ||
training and the course content for such training. The parole | ||
agent or parole supervisor shall requalify for the firearms | ||
training annually at a State range certified by the Illinois | ||
Law Enforcement Training Standards Board. The expenses of such | ||
retraining shall be paid by the parole agent or parole | ||
supervisor and moneys for such requalification shall be | ||
expended at the request of the Illinois Law Enforcement | ||
Training Standards Board. | ||
(2) The parole agent or parole supervisor shall purchase | ||
such firearm at his or her own expense and shall register the | ||
firearm with the Illinois Department of State Police and with | ||
any other local law enforcement agencies that require such | ||
registration. | ||
(3) The parole agent or parole supervisor may not carry any | ||
Illinois Department of Corrections State issued firearm while | ||
off-duty. A person who violates this paragraph (3) is subject | ||
to disciplinary action by the Illinois Department of | ||
Corrections. | ||
(4) Parole agents and supervisors who are discharged from | ||
employment of the Illinois Department of Corrections shall no | ||
longer be considered law enforcement officials and all their | ||
rights as law enforcement officials shall be revoked | ||
permanently.
|
(Source: P.A. 96-230, eff. 1-1-10; 97-333, eff. 8-12-11.)
| ||
(730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2)
| ||
Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
| ||
Release and Release by Statute.
| ||
(a) The Department shall retain custody of all persons | ||
placed on
parole or mandatory supervised release or released | ||
pursuant to Section
3-3-10 of this Code and shall supervise | ||
such persons during
their parole or release period in accord | ||
with the conditions set by the
Prisoner Review Board. Such | ||
conditions shall include referral to an
alcohol or drug abuse | ||
treatment program, as appropriate, if such person has
| ||
previously been identified as having an alcohol or drug abuse | ||
problem.
Such conditions may include that the person use an | ||
approved electronic
monitoring device subject to Article 8A of | ||
Chapter V.
| ||
(b) The Department shall assign personnel to assist persons | ||
eligible
for parole in preparing a parole plan. Such Department | ||
personnel shall
make a report of their efforts and findings to | ||
the Prisoner Review
Board prior to its consideration of the | ||
case of such eligible person.
| ||
(c) A copy of the conditions of his parole or release shall | ||
be
signed by the parolee or releasee and given to him and to | ||
his
supervising officer who shall report on his progress under | ||
the rules and
regulations of the Prisoner Review Board. The | ||
supervising officer
shall report violations to the Prisoner |
Review Board and shall have
the full power of peace officers in | ||
the arrest and retaking of any
parolees or releasees or the | ||
officer may request the Department to issue
a warrant for the | ||
arrest of any parolee or releasee who has allegedly
violated | ||
his parole or release conditions. | ||
(c-1) The supervising officer shall request the Department | ||
to issue a parole violation warrant, and the Department shall | ||
issue a parole violation warrant, under the following | ||
circumstances: | ||
(1) if the parolee or releasee
commits an act that | ||
constitutes a felony using a firearm or knife, | ||
(2) if applicable, fails to comply with the | ||
requirements of the Sex Offender Registration Act, | ||
(3) if the parolee or releasee is charged with: | ||
(A) a felony offense of domestic battery under | ||
Section 12-3.2 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 , | ||
(B) aggravated domestic battery under Section | ||
12-3.3 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 , | ||
(C) stalking under Section 12-7.3 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 , | ||
(D) aggravated stalking under Section 12-7.4 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012 , | ||
(E) violation of an order of protection under | ||
Section 12-3.4 or 12-30 of the Criminal Code of 1961 or |
the Criminal Code of 2012 , or | ||
(F) any offense that would require registration as | ||
a sex offender under the Sex Offender Registration Act, | ||
or | ||
(4) if the parolee or releasee
is on parole or | ||
mandatory supervised release for a murder, a Class X felony | ||
or a Class 1 felony violation of the Criminal Code of 1961 | ||
or the Criminal Code of 2012 , or any felony that requires | ||
registration as a sex offender under the Sex Offender | ||
Registration Act and commits an act that constitutes first | ||
degree murder, a Class X felony, a Class 1 felony, a Class | ||
2 felony, or a Class 3 felony. | ||
A
sheriff or other peace officer may detain an alleged | ||
parole or release
violator until a warrant for his return to | ||
the Department can be issued.
The parolee or releasee may be | ||
delivered to any secure place until he can
be transported to | ||
the Department. The officer or the Department shall file a | ||
violation report with notice of charges with the Prisoner | ||
Review Board.
| ||
(d) The supervising officer shall regularly advise and | ||
consult with
the parolee or releasee, assist him in adjusting | ||
to community life,
inform him of the restoration of his rights | ||
on successful completion of
sentence under Section 5-5-5. If | ||
the parolee or releasee has been convicted of a sex offense as | ||
defined in the Sex Offender
Management Board Act, the | ||
supervising officer shall periodically, but not less than once |
a month, verify that the parolee or releasee is in compliance | ||
with paragraph (7.6) of subsection (a) of Section 3-3-7.
| ||
(e) Supervising officers shall receive specialized | ||
training in the
special needs of female releasees or parolees | ||
including the family
reunification process.
| ||
(f) The supervising officer shall keep such records as the
| ||
Prisoner Review Board or Department may require. All records | ||
shall be
entered in the master file of the individual.
| ||
(Source: P.A. 96-282, eff. 1-1-10; 96-1447, eff. 8-20-10; | ||
97-389, eff. 8-15-11.)
| ||
(730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
| ||
Sec. 5-3-2. Presentence Report.
| ||
(a) In felony cases, the presentence
report shall set | ||
forth:
| ||
(1) the defendant's history of delinquency or | ||
criminality,
physical and mental history and condition, | ||
family situation and
background, economic status, | ||
education, occupation and personal habits;
| ||
(2) information about special resources within the | ||
community
which might be available to assist the | ||
defendant's rehabilitation,
including treatment centers, | ||
residential facilities, vocational
training services, | ||
correctional manpower programs, employment
opportunities, | ||
special educational programs, alcohol and drug
abuse | ||
programming, psychiatric and marriage counseling, and |
other
programs and facilities which could aid the | ||
defendant's successful
reintegration into society;
| ||
(3) the effect the offense committed has had upon the | ||
victim or
victims thereof, and any compensatory benefit | ||
that various
sentencing alternatives would confer on such | ||
victim or victims;
| ||
(4) information concerning the defendant's status | ||
since arrest,
including his record if released on his own | ||
recognizance, or the
defendant's achievement record if | ||
released on a conditional
pre-trial supervision program;
| ||
(5) when appropriate, a plan, based upon the personal, | ||
economic
and social adjustment needs of the defendant, | ||
utilizing public and
private community resources as an | ||
alternative to institutional
sentencing;
| ||
(6) any other matters that the investigatory officer | ||
deems
relevant or the court directs to be included; and
| ||
(7) information concerning defendant's eligibility for | ||
a sentence to a
county impact incarceration program under | ||
Section 5-8-1.2 of this Code.
| ||
(b) The investigation shall include a physical and mental
| ||
examination of the defendant when so ordered by the court. If
| ||
the court determines that such an examination should be made, | ||
it
shall issue an order that the defendant submit to | ||
examination at
such time and place as designated by the court | ||
and that such
examination be conducted by a physician, | ||
psychologist or
psychiatrist designated by the court. Such an |
examination may
be conducted in a court clinic if so ordered by | ||
the court. The
cost of such examination shall be paid by the | ||
county in which
the trial is held.
| ||
(b-5) In cases involving felony sex offenses in which the | ||
offender is being considered for probation only or any felony | ||
offense that is
sexually motivated as defined in the Sex | ||
Offender Management Board Act in which the offender is being | ||
considered for probation only, the
investigation shall include | ||
a sex offender evaluation by an evaluator approved
by the Board | ||
and conducted in conformance with the standards developed under
| ||
the Sex Offender Management Board Act. In cases in which the | ||
offender is being considered for any mandatory prison sentence, | ||
the investigation shall not include a sex offender evaluation.
| ||
(c) In misdemeanor, business offense or petty offense | ||
cases, except as
specified in subsection (d) of this Section, | ||
when a presentence report has
been ordered by the court, such | ||
presentence report shall contain
information on the | ||
defendant's history of delinquency or criminality and
shall | ||
further contain only those matters listed in any of paragraphs | ||
(1)
through (6) of subsection (a) or in subsection (b) of this | ||
Section as are
specified by the court in its order for the | ||
report.
| ||
(d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or | ||
12-30 of the Criminal
Code of 1961 or the Criminal Code of | ||
2012 , as amended, the presentence report shall set forth
| ||
information about alcohol, drug abuse, psychiatric, and |
marriage counseling
or other treatment programs and | ||
facilities, information on the defendant's
history of | ||
delinquency or criminality, and shall contain those additional
| ||
matters listed in any of paragraphs (1) through (6) of | ||
subsection (a) or in
subsection (b) of this Section as are | ||
specified by the court.
| ||
(e) Nothing in this Section shall cause the defendant to be
| ||
held without bail or to have his bail revoked for the purpose
| ||
of preparing the presentence report or making an examination.
| ||
(Source: P.A. 96-322, eff. 1-1-10; 96-1551, Article 1, Section | ||
970, eff. 7-1-11; 96-1551, Article 2, Section 1065, eff. | ||
7-1-11; 97-1109, eff. 1-1-13.)
| ||
(730 ILCS 5/5-3-4) (from Ch. 38, par. 1005-3-4)
| ||
Sec. 5-3-4. Disclosure of Reports.
| ||
(a) Any report made pursuant to this Article or Section | ||
5-705
of the Juvenile
Court Act of 1987 shall be filed of | ||
record with the court in a sealed envelope.
| ||
(b) Presentence reports shall be open for inspection only | ||
as follows:
| ||
(1) to the sentencing court;
| ||
(2) to the state's attorney and the defendant's | ||
attorney at least 3 days
prior to the imposition of | ||
sentence, unless such 3 day requirement is waived;
| ||
(3) to an appellate court in which the conviction or | ||
sentence is subject
to review;
|
(4) to any department, agency or institution to which | ||
the defendant is
committed;
| ||
(5) to any probation department of whom courtesy | ||
probation is requested;
| ||
(6) to any probation department assigned by a court of | ||
lawful
jurisdiction to conduct a presentence report;
| ||
(7) to any other person only as ordered by the court; | ||
and
| ||
(8) to any mental health professional on behalf of the | ||
Illinois
Department
of Corrections or the Department of | ||
Human Services or to a prosecutor who is
evaluating or | ||
investigating a potential or actual petition brought under
| ||
the Sexually Violent Persons Commitment Act relating to a | ||
person who is the
subject of
a
presentence report or the | ||
respondent to a petition brought under the
Sexually Violent | ||
Persons Commitment Act who is the subject of the | ||
presentence
report sought.
Any records and any information | ||
obtained from those records under this
paragraph (8) may be | ||
used only in sexually violent persons commitment
| ||
proceedings.
| ||
(c) Presentence reports shall be filed of record with the | ||
court within
60 days of a verdict or finding of guilty for any | ||
offense involving an
illegal sexual act perpetrated upon a | ||
victim, including but not limited to
offenses for violations of | ||
Article 12 of the Criminal Code of 1961 or the Criminal Code of | ||
2012 , or any offense determined by the court or the probation |
department to be sexually motivated, as defined in the Sex | ||
Offender Management Board Act.
| ||
(d) A complaint, information or indictment shall not be | ||
quashed or
dismissed nor shall any person in custody for an | ||
offense be discharged from
custody because of noncompliance | ||
with subsection (c) of this Section.
| ||
(Source: P.A. 92-415, eff. 8-17-01; 93-970, eff. 8-20-04.)
| ||
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| ||
Sec. 5-4-1. Sentencing Hearing.
| ||
(a) Except when the death penalty is
sought under hearing | ||
procedures otherwise specified, after a
determination of | ||
guilt, a hearing shall be held to impose the sentence.
However, | ||
prior to the imposition of sentence on an individual being
| ||
sentenced for an offense based upon a charge for a violation of | ||
Section
11-501 of the Illinois Vehicle Code or a similar | ||
provision of a local
ordinance, the individual must undergo a | ||
professional evaluation to
determine if an alcohol or other | ||
drug abuse problem exists and the extent
of such a problem. | ||
Programs conducting these evaluations shall be
licensed by the | ||
Department of Human Services. However, if the individual is
not | ||
a resident of Illinois, the court
may, in its discretion, | ||
accept an evaluation from a program in the state of
such | ||
individual's residence. The court may in its sentencing order | ||
approve an
eligible defendant for placement in a Department of | ||
Corrections impact
incarceration program as provided in |
Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing | ||
order recommend a defendant for placement in a Department of | ||
Corrections substance abuse treatment program as provided in | ||
paragraph (a) of subsection (1) of Section 3-2-2 conditioned | ||
upon the defendant being accepted in a program by the | ||
Department of Corrections. At the
hearing the court
shall:
| ||
(1) consider the evidence, if any, received upon the | ||
trial;
| ||
(2) consider any presentence reports;
| ||
(3) consider the financial impact of incarceration | ||
based on the
financial impact statement filed with the | ||
clerk of the court by the
Department of Corrections;
| ||
(4) consider evidence and information offered by the | ||
parties in
aggravation and mitigation; | ||
(4.5) consider substance abuse treatment, eligibility | ||
screening, and an assessment, if any, of the defendant by | ||
an agent designated by the State of Illinois to provide | ||
assessment services for the Illinois courts;
| ||
(5) hear arguments as to sentencing alternatives;
| ||
(6) afford the defendant the opportunity to make a | ||
statement in his
own behalf;
| ||
(7) afford the victim of a violent crime or a violation | ||
of Section
11-501 of the Illinois Vehicle Code, or a | ||
similar provision of a local
ordinance, or a qualified | ||
individual affected by: (i) a violation of Section
405, | ||
405.1, 405.2, or 407 of the Illinois Controlled Substances |
Act or a violation of Section 55 or Section 65 of the | ||
Methamphetamine Control and Community Protection Act,
or | ||
(ii) a Class 4 felony violation of Section 11-14, 11-14.3 | ||
except as described in subdivisions (a)(2)(A) and | ||
(a)(2)(B), 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 ,
| ||
committed by the defendant the opportunity to make a | ||
statement
concerning the impact on the victim and to offer | ||
evidence in aggravation or
mitigation; provided that the | ||
statement and evidence offered in aggravation
or | ||
mitigation must first be prepared in writing in conjunction | ||
with the
State's Attorney before it may be presented orally | ||
at the hearing. Any
sworn testimony offered by the victim | ||
is subject to the defendant's right
to cross-examine. All | ||
statements and evidence offered under this paragraph
(7) | ||
shall become part of the record of the court. For the | ||
purpose of this
paragraph (7), "qualified individual" | ||
means any person who (i) lived or worked
within the | ||
territorial jurisdiction where the offense took place when | ||
the
offense took place;
and (ii) is familiar with various | ||
public places within the territorial
jurisdiction where
| ||
the offense took place when the offense took place. For the | ||
purposes of
this paragraph (7), "qualified individual" | ||
includes any peace officer,
or any member of any duly | ||
organized State, county, or municipal peace unit
assigned | ||
to the territorial jurisdiction where the offense took |
place when the
offense took
place;
| ||
(8) in cases of reckless homicide afford the victim's | ||
spouse,
guardians, parents or other immediate family | ||
members an opportunity to make
oral statements;
| ||
(9) in cases involving a felony sex offense as defined | ||
under the Sex
Offender
Management Board Act, consider the | ||
results of the sex offender evaluation
conducted pursuant | ||
to Section 5-3-2 of this Act; and
| ||
(10) make a finding of whether a motor vehicle was used | ||
in the commission of the offense for which the defendant is | ||
being sentenced. | ||
(b) All sentences shall be imposed by the judge based upon | ||
his
independent assessment of the elements specified above and | ||
any agreement
as to sentence reached by the parties. The judge | ||
who presided at the
trial or the judge who accepted the plea of | ||
guilty shall impose the
sentence unless he is no longer sitting | ||
as a judge in that court. Where
the judge does not impose | ||
sentence at the same time on all defendants
who are convicted | ||
as a result of being involved in the same offense, the
| ||
defendant or the State's Attorney may advise the sentencing | ||
court of the
disposition of any other defendants who have been | ||
sentenced.
| ||
(c) In imposing a sentence for a violent crime or for an | ||
offense of
operating or being in physical control of a vehicle | ||
while under the
influence of alcohol, any other drug or any | ||
combination thereof, or a
similar provision of a local |
ordinance, when such offense resulted in the
personal injury to | ||
someone other than the defendant, the trial judge shall
specify | ||
on the record the particular evidence, information, factors in
| ||
mitigation and aggravation or other reasons that led to his | ||
sentencing
determination. The full verbatim record of the | ||
sentencing hearing shall be
filed with the clerk of the court | ||
and shall be a public record.
| ||
(c-1) In imposing a sentence for the offense of aggravated | ||
kidnapping for
ransom, home invasion, armed robbery, | ||
aggravated vehicular hijacking,
aggravated discharge of a | ||
firearm, or armed violence with a category I weapon
or category | ||
II weapon,
the trial judge shall make a finding as to whether | ||
the conduct leading to
conviction for the offense resulted in | ||
great bodily harm to a victim, and
shall enter that finding and | ||
the basis for that finding in the record.
| ||
(c-2) If the defendant is sentenced to prison, other than | ||
when a sentence of
natural life imprisonment or a sentence of | ||
death is imposed, at the time
the sentence is imposed the judge | ||
shall
state on the record in open court the approximate period | ||
of time the defendant
will serve in custody according to the | ||
then current statutory rules and
regulations for sentence | ||
credit found in Section 3-6-3 and other related
provisions of | ||
this Code. This statement is intended solely to inform the
| ||
public, has no legal effect on the defendant's actual release, | ||
and may not be
relied on by the defendant on appeal.
| ||
The judge's statement, to be given after pronouncing the |
sentence, other than
when the sentence is imposed for one of | ||
the offenses enumerated in paragraph
(a)(3) of Section 3-6-3, | ||
shall include the following:
| ||
"The purpose of this statement is to inform the public of | ||
the actual period
of time this defendant is likely to spend in | ||
prison as a result of this
sentence. The actual period of | ||
prison time served is determined by the
statutes of Illinois as | ||
applied to this sentence by the Illinois Department of
| ||
Corrections and
the Illinois Prisoner Review Board. In this | ||
case, assuming the defendant
receives all of his or her | ||
sentence credit, the period of estimated actual
custody is ... | ||
years and ... months, less up to 180 days additional sentence | ||
credit for good conduct. If the defendant, because of his or
| ||
her own misconduct or failure to comply with the institutional | ||
regulations,
does not receive those credits, the actual time | ||
served in prison will be
longer. The defendant may also receive | ||
an additional one-half day sentence
credit for each day of | ||
participation in vocational, industry, substance abuse,
and | ||
educational programs as provided for by Illinois statute."
| ||
When the sentence is imposed for one of the offenses | ||
enumerated in paragraph
(a)(3) of Section 3-6-3, other than | ||
when the sentence is imposed for one of the
offenses enumerated | ||
in paragraph (a)(2) of Section 3-6-3 committed on or after
June | ||
19, 1998, and other than when the sentence is imposed for
| ||
reckless homicide as defined in subsection (e) of Section 9-3 | ||
of the Criminal
Code of 1961 or the Criminal Code of 2012 if |
the offense was committed on or after January 1, 1999, and
| ||
other than when the sentence is imposed for aggravated arson if | ||
the offense was
committed on or after July 27, 2001 (the | ||
effective date of Public Act
92-176), and
other than when the | ||
sentence is imposed for aggravated driving under the influence | ||
of alcohol,
other drug or drugs, or intoxicating compound or | ||
compounds, or any combination
thereof as defined in | ||
subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||
11-501 of the Illinois Vehicle Code committed on or after | ||
January 1, 2011 (the effective date of Public Act 96-1230), the
| ||
judge's statement, to be given after pronouncing the sentence, | ||
shall include
the following:
| ||
"The purpose of this statement is to inform the public of | ||
the actual period
of time this defendant is likely to spend in | ||
prison as a result of this
sentence. The actual period of | ||
prison time served is determined by the
statutes of Illinois as | ||
applied to this sentence by the Illinois Department of
| ||
Corrections and the Illinois Prisoner Review Board. In this | ||
case,
assuming the defendant
receives all of his or her | ||
sentence credit, the period of estimated actual
custody is ... | ||
years and ... months, less up to 90 days additional sentence | ||
credit for good conduct. If the defendant, because of his or
| ||
her own misconduct or failure to comply with the institutional | ||
regulations,
does not receive those credits, the actual time | ||
served in prison will be
longer. The defendant may also receive | ||
an additional one-half day sentence
credit for each day of |
participation in vocational, industry, substance abuse,
and | ||
educational programs as provided for by Illinois statute."
| ||
When the sentence is imposed for one of the offenses | ||
enumerated in paragraph
(a)(2) of Section 3-6-3, other than | ||
first degree murder, and the offense was
committed on or after | ||
June 19, 1998, and when the sentence is imposed for
reckless | ||
homicide as defined in subsection (e) of Section 9-3 of the | ||
Criminal
Code of 1961 or the Criminal Code of 2012 if the | ||
offense was committed on or after January 1, 1999,
and when the | ||
sentence is imposed for aggravated driving under the influence
| ||
of alcohol, other drug or drugs, or intoxicating compound or | ||
compounds, or
any combination thereof as defined in | ||
subparagraph (F) of paragraph (1) of
subsection (d) of Section | ||
11-501 of the Illinois Vehicle Code, and when
the sentence is | ||
imposed for aggravated arson if the offense was committed
on or | ||
after July 27, 2001 (the effective date of Public Act 92-176), | ||
and when
the sentence is imposed for aggravated driving under | ||
the influence of alcohol,
other drug or drugs, or intoxicating | ||
compound or compounds, or any combination
thereof as defined in | ||
subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||
11-501 of the Illinois Vehicle Code committed on or after | ||
January 1, 2011 (the effective date of Public Act 96-1230), the | ||
judge's
statement, to be given after pronouncing the sentence, | ||
shall include the
following:
| ||
"The purpose of this statement is to inform the public of | ||
the actual period
of time this defendant is likely to spend in |
prison as a result of this
sentence. The actual period of | ||
prison time served is determined by the
statutes of Illinois as | ||
applied to this sentence by the Illinois Department of
| ||
Corrections and
the Illinois Prisoner Review Board. In this | ||
case,
the defendant is entitled to no more than 4 1/2 days of | ||
sentence credit for
each month of his or her sentence of | ||
imprisonment. Therefore, this defendant
will serve at least 85% | ||
of his or her sentence. Assuming the defendant
receives 4 1/2 | ||
days credit for each month of his or her sentence, the period
| ||
of estimated actual custody is ... years and ... months. If the | ||
defendant,
because of his or her own misconduct or failure to | ||
comply with the
institutional regulations receives lesser | ||
credit, the actual time served in
prison will be longer."
| ||
When a sentence of imprisonment is imposed for first degree | ||
murder and
the offense was committed on or after June 19, 1998, | ||
the judge's statement,
to be given after pronouncing the | ||
sentence, shall include the following:
| ||
"The purpose of this statement is to inform the public of | ||
the actual period
of time this defendant is likely to spend in | ||
prison as a result of this
sentence. The actual period of | ||
prison time served is determined by the
statutes of Illinois as | ||
applied to this sentence by the Illinois Department
of | ||
Corrections and the Illinois Prisoner Review Board. In this | ||
case, the
defendant is not entitled to sentence credit. | ||
Therefore, this defendant
will serve 100% of his or her | ||
sentence."
|
When the sentencing order recommends placement in a | ||
substance abuse program for any offense that results in | ||
incarceration
in a Department of Corrections facility and the | ||
crime was
committed on or after September 1, 2003 (the | ||
effective date of Public Act
93-354), the judge's
statement, in | ||
addition to any other judge's statement required under this
| ||
Section, to be given after pronouncing the sentence, shall | ||
include the
following:
| ||
"The purpose of this statement is to inform the public of
| ||
the actual period of time this defendant is likely to spend in
| ||
prison as a result of this sentence. The actual period of
| ||
prison time served is determined by the statutes of Illinois as
| ||
applied to this sentence by the Illinois Department of
| ||
Corrections and the Illinois Prisoner Review Board. In this
| ||
case, the defendant shall receive no sentence credit for good | ||
conduct under clause (3) of subsection (a) of Section 3-6-3 | ||
until he or
she participates in and completes a substance abuse | ||
treatment program or receives a waiver from the Director of | ||
Corrections pursuant to clause (4.5) of subsection (a) of | ||
Section 3-6-3."
| ||
(c-4) Before the sentencing hearing and as part of the | ||
presentence investigation under Section 5-3-1, the court shall | ||
inquire of the defendant whether the defendant is currently | ||
serving in or is a veteran of the Armed Forces of the United | ||
States.
If the defendant is currently serving in the Armed | ||
Forces of the United States or is a veteran of the Armed Forces |
of the United States and has been diagnosed as having a mental | ||
illness by a qualified psychiatrist or clinical psychologist or | ||
physician, the court may: | ||
(1) order that the officer preparing the presentence | ||
report consult with the United States Department of | ||
Veterans Affairs, Illinois Department of Veterans' | ||
Affairs, or another agency or person with suitable | ||
knowledge or experience for the purpose of providing the | ||
court with information regarding treatment options | ||
available to the defendant, including federal, State, and | ||
local programming; and | ||
(2) consider the treatment recommendations of any | ||
diagnosing or treating mental health professionals | ||
together with the treatment options available to the | ||
defendant in imposing sentence. | ||
For the purposes of this subsection (c-4), "qualified | ||
psychiatrist" means a reputable physician licensed in Illinois | ||
to practice medicine in all its branches, who has specialized | ||
in the diagnosis and treatment of mental and nervous disorders | ||
for a period of not less than 5 years. | ||
(c-6) In imposing a sentence, the trial judge shall | ||
specify, on the record, the particular evidence and other | ||
reasons which led to his or her determination that a motor | ||
vehicle was used in the commission of the offense. | ||
(d) When the defendant is committed to the Department of
| ||
Corrections, the State's Attorney shall and counsel for the |
defendant
may file a statement with the clerk of the court to | ||
be transmitted to
the department, agency or institution to | ||
which the defendant is
committed to furnish such department, | ||
agency or institution with the
facts and circumstances of the | ||
offense for which the person was
committed together with all | ||
other factual information accessible to them
in regard to the | ||
person prior to his commitment relative to his habits,
| ||
associates, disposition and reputation and any other facts and
| ||
circumstances which may aid such department, agency or | ||
institution
during its custody of such person. The clerk shall | ||
within 10 days after
receiving any such statements transmit a | ||
copy to such department, agency
or institution and a copy to | ||
the other party, provided, however, that
this shall not be | ||
cause for delay in conveying the person to the
department, | ||
agency or institution to which he has been committed.
| ||
(e) The clerk of the court shall transmit to the | ||
department,
agency or institution, if any, to which the | ||
defendant is committed, the
following:
| ||
(1) the sentence imposed;
| ||
(2) any statement by the court of the basis for | ||
imposing the sentence;
| ||
(3) any presentence reports;
| ||
(3.5) any sex offender evaluations;
| ||
(3.6) any substance abuse treatment eligibility | ||
screening and assessment of the defendant by an agent | ||
designated by the State of Illinois to provide assessment |
services for the Illinois courts;
| ||
(4) the number of days, if any, which the defendant has | ||
been in
custody and for which he is entitled to credit | ||
against the sentence,
which information shall be provided | ||
to the clerk by the sheriff;
| ||
(4.1) any finding of great bodily harm made by the | ||
court with respect
to an offense enumerated in subsection | ||
(c-1);
| ||
(5) all statements filed under subsection (d) of this | ||
Section;
| ||
(6) any medical or mental health records or summaries | ||
of the defendant;
| ||
(7) the municipality where the arrest of the offender | ||
or the commission
of the offense has occurred, where such | ||
municipality has a population of
more than 25,000 persons;
| ||
(8) all statements made and evidence offered under | ||
paragraph (7) of
subsection (a) of this Section; and
| ||
(9) all additional matters which the court directs the | ||
clerk to
transmit.
| ||
(f) In cases in which the court finds that a motor vehicle | ||
was used in the commission of the offense for which the | ||
defendant is being sentenced, the clerk of the court shall, | ||
within 5 days thereafter, forward a report of such conviction | ||
to the Secretary of State. | ||
(Source: P.A. 96-86, eff. 1-1-10; 96-1180, eff. 1-1-11; | ||
96-1230, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, eff. |
8-12-11; 97-697, eff. 6-22-12.)
| ||
(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
| ||
Sec. 5-4-3. Specimens;
genetic marker groups. | ||
(a) Any person convicted of, found guilty under the | ||
Juvenile Court Act of
1987 for, or who received a disposition | ||
of court supervision for, a qualifying
offense or attempt of a | ||
qualifying offense, convicted or found guilty of any
offense | ||
classified as a felony under Illinois law, convicted or found | ||
guilty of any offense requiring registration under the Sex | ||
Offender Registration Act, found guilty or given
supervision | ||
for any offense classified as a felony under the Juvenile Court | ||
Act
of 1987, convicted or found guilty of, under the Juvenile | ||
Court Act of 1987, any offense requiring registration under the | ||
Sex Offender Registration Act, or institutionalized as a | ||
sexually dangerous person under the Sexually
Dangerous Persons | ||
Act, or committed as a sexually violent person under the
| ||
Sexually Violent Persons Commitment Act shall, regardless of | ||
the sentence or
disposition imposed, be required to submit | ||
specimens of blood, saliva, or
tissue to the Illinois | ||
Department of State Police in accordance with the
provisions of | ||
this Section, provided such person is:
| ||
(1) convicted of a qualifying offense or attempt of a | ||
qualifying offense
on or after July 1, 1990 and sentenced | ||
to a term of imprisonment, periodic imprisonment, fine,
| ||
probation, conditional discharge or any other form of |
sentence, or given a
disposition of court supervision for | ||
the offense;
| ||
(1.5) found guilty or given supervision under the | ||
Juvenile Court Act of
1987 for a qualifying offense or | ||
attempt of a qualifying offense on or after
January 1, | ||
1997;
| ||
(2) ordered institutionalized as a sexually dangerous | ||
person on or after
July 1, 1990;
| ||
(3) convicted of a qualifying offense or attempt of a | ||
qualifying offense
before July 1, 1990
and is presently | ||
confined as a result of such conviction in any State
| ||
correctional facility or county jail or is presently | ||
serving a sentence of
probation, conditional discharge or | ||
periodic imprisonment as a result of such
conviction;
| ||
(3.5) convicted or found guilty of any offense | ||
classified as a felony
under Illinois law or found guilty | ||
or given supervision for such an offense
under the Juvenile | ||
Court Act of 1987 on or after August 22, 2002;
| ||
(4) presently institutionalized as a sexually | ||
dangerous person or
presently institutionalized as a | ||
person found guilty but mentally ill of a
sexual offense or | ||
attempt to commit a sexual offense; or
| ||
(4.5) ordered committed as a sexually violent person on | ||
or after the
effective date of the Sexually Violent Persons | ||
Commitment Act.
| ||
(a-1) Any person incarcerated in
a facility of the Illinois |
Department of Corrections or the Illinois Department of | ||
Juvenile Justice on or after August 22,
2002, whether for a | ||
term of years, natural life, or a sentence of death, who has | ||
not yet submitted a specimen of blood, saliva, or tissue shall | ||
be required to submit a specimen of blood, saliva, or tissue
| ||
prior to his or her final discharge, or release on parole or | ||
mandatory
supervised release, as a
condition of his or her | ||
parole or mandatory supervised release, or within 6 months from | ||
August 13, 2009 (the effective date of Public Act 96-426), | ||
whichever is sooner. A person incarcerated on or after August | ||
13, 2009 (the effective date of Public Act 96-426) shall be | ||
required to submit a specimen within 45 days of incarceration, | ||
or prior to his or her final discharge, or release on parole or | ||
mandatory supervised release, as a condition of his or her | ||
parole or mandatory supervised release, whichever is sooner. | ||
These specimens shall be placed into the State or national DNA | ||
database, to be used in accordance with other provisions of | ||
this Section, by the Illinois State Police.
| ||
(a-2) Any person sentenced to life imprisonment in a | ||
facility of the Illinois Department of Corrections after the | ||
effective date of this amendatory Act of the 94th General | ||
Assembly or sentenced to death after the effective date of this | ||
amendatory Act of the 94th General Assembly shall be required | ||
to provide a specimen of blood, saliva, or tissue within 45 | ||
days after sentencing or disposition at a collection site | ||
designated by the Illinois Department of State Police. Any |
person serving a sentence of life imprisonment in a facility of | ||
the Illinois Department of Corrections on the effective date of | ||
this amendatory Act of the 94th General Assembly or any person | ||
who is under a sentence of death on the effective date of this | ||
amendatory Act of the 94th General Assembly shall be required | ||
to provide a specimen of blood, saliva, or tissue upon request | ||
at a collection site designated by the Illinois Department of | ||
State Police.
| ||
(a-3) Any person seeking transfer to or residency in | ||
Illinois under Sections 3-3-11.05
through 3-3-11.5 of this | ||
Code, the Interstate Compact
for Adult Offender Supervision, or | ||
the Interstate Agreements on Sexually
Dangerous Persons Act | ||
shall be required to provide a specimen of blood, saliva, or | ||
tissue within 45 days after transfer to or residency in | ||
Illinois at a collection site designated by the Illinois | ||
Department of State Police. | ||
(a-3.1) Any person required by an order of the court to | ||
submit a DNA specimen shall be required to provide a specimen | ||
of blood, saliva, or tissue within 45 days after the court | ||
order at a collection site designated by the Illinois | ||
Department of State Police. | ||
(a-3.2) On or after January 1, 2012 (the effective date of | ||
Public Act 97-383), any person arrested for any of the | ||
following offenses, after an indictment has been returned by a | ||
grand jury, or following a hearing pursuant to Section 109-3 of | ||
the Code of Criminal Procedure of 1963 and a judge finds there |
is probable cause to believe the arrestee has committed one of | ||
the designated offenses, or an arrestee has waived a | ||
preliminary hearing shall be required to provide a specimen of | ||
blood, saliva, or tissue within 14 days after such indictment | ||
or hearing at a collection site designated by the Illinois | ||
Department of State Police: | ||
(A) first degree murder; | ||
(B) home invasion; | ||
(C) predatory criminal sexual assault
of a child; | ||
(D) aggravated criminal sexual assault; or | ||
(E) criminal sexual assault. | ||
(a-3.3) Any person required to register as a sex offender | ||
under the Sex Offender Registration Act, regardless of the date | ||
of conviction as set forth in subsection (c-5.2) shall be | ||
required to provide a specimen of blood, saliva, or tissue | ||
within the time period prescribed in subsection (c-5.2) at a | ||
collection site designated by the Illinois Department of State | ||
Police. | ||
(a-5) Any person who was otherwise convicted of or received | ||
a disposition
of court supervision for any other offense under | ||
the Criminal Code of 1961 or the Criminal Code of 2012 or
who | ||
was found guilty or given supervision for such a violation | ||
under the
Juvenile Court Act of 1987, may, regardless of the | ||
sentence imposed, be
required by an order of the court to | ||
submit specimens of blood, saliva, or
tissue to the Illinois | ||
Department of State Police in accordance with the
provisions of |
this Section.
| ||
(b) Any person required by paragraphs (a)(1), (a)(1.5), | ||
(a)(2), (a)(3.5),
and (a-5) to provide specimens of blood, | ||
saliva, or tissue shall provide
specimens of blood, saliva, or | ||
tissue within 45 days after sentencing or
disposition at a | ||
collection site designated by the Illinois Department of
State | ||
Police.
| ||
(c) Any person required by paragraphs (a)(3), (a)(4), and | ||
(a)(4.5) to
provide specimens of blood, saliva, or tissue shall | ||
be required to provide
such specimens prior to final discharge | ||
or within 6 months from August 13, 2009 (the effective date of | ||
Public Act 96-426), whichever is sooner. These specimens shall | ||
be placed into the State or national DNA database, to be used | ||
in accordance with other provisions of this Act, by the | ||
Illinois State Police.
| ||
(c-5) Any person required by paragraph (a-3) to provide | ||
specimens of
blood, saliva, or tissue shall, where feasible, be | ||
required to provide the
specimens before being accepted for | ||
conditioned residency in Illinois under
the interstate compact | ||
or agreement, but no later than 45 days after arrival
in this | ||
State.
| ||
(c-5.2) Unless it is determined that a registered sex | ||
offender has previously submitted a specimen of blood, saliva, | ||
or tissue that has been placed into the State DNA database, a | ||
person registering as a sex offender shall be required to | ||
submit a specimen at the time of his or her initial |
registration pursuant to the Sex Offender Registration Act or, | ||
for a person registered as a sex offender on or prior to | ||
January 1, 2012 (the effective date of Public Act 97-383), | ||
within one year of January 1, 2012 (the effective date of | ||
Public Act 97-383) or at the time of his or her next required | ||
registration. | ||
(c-6) The Illinois Department of State Police may determine | ||
which type of
specimen or specimens, blood, saliva, or tissue, | ||
is acceptable for submission
to the Division of Forensic | ||
Services for analysis. The Illinois Department of State Police | ||
may require the submission of fingerprints from anyone required | ||
to give a specimen under this Act.
| ||
(d) The Illinois Department of State Police shall provide | ||
all equipment
and instructions necessary for the collection of | ||
blood specimens.
The collection of specimens shall be performed | ||
in a medically approved
manner. Only a physician authorized to | ||
practice medicine, a registered
nurse or other qualified person | ||
trained in venipuncture may withdraw blood
for the purposes of | ||
this Act. The specimens
shall thereafter be forwarded to the | ||
Illinois Department of State Police,
Division of Forensic | ||
Services, for analysis and
categorizing into genetic marker | ||
groupings.
| ||
(d-1) The Illinois Department of State Police shall provide | ||
all equipment
and instructions necessary for the collection of | ||
saliva specimens. The
collection of saliva specimens shall be | ||
performed in a medically approved manner.
Only a person trained |
in the instructions promulgated by the Illinois State
Police on | ||
collecting saliva may collect saliva for the purposes of this
| ||
Section. The specimens shall thereafter be forwarded to the | ||
Illinois Department
of State Police, Division of Forensic | ||
Services, for analysis and categorizing
into genetic marker | ||
groupings.
| ||
(d-2) The Illinois Department of State Police shall provide | ||
all equipment
and instructions necessary for the collection of | ||
tissue specimens. The
collection of tissue specimens shall be | ||
performed in a medically approved
manner. Only a person trained | ||
in the instructions promulgated by the Illinois
State Police on | ||
collecting tissue may collect tissue for the purposes of this
| ||
Section. The specimens shall thereafter be forwarded to the | ||
Illinois Department
of State Police, Division of Forensic | ||
Services, for analysis and categorizing
into genetic marker | ||
groupings.
| ||
(d-5) To the extent that funds are available, the Illinois | ||
Department of
State Police shall contract with qualified | ||
personnel and certified laboratories
for the collection, | ||
analysis, and categorization of known specimens, except as | ||
provided in subsection (n) of this Section.
| ||
(d-6) Agencies designated by the Illinois Department of | ||
State Police and
the Illinois Department of State Police may | ||
contract with third parties to
provide for the collection or | ||
analysis of DNA, or both, of an offender's blood,
saliva, and | ||
tissue specimens, except as provided in subsection (n) of this |
Section.
| ||
(e) The genetic marker groupings shall be maintained by the | ||
Illinois
Department of State Police, Division of Forensic | ||
Services.
| ||
(f) The genetic marker grouping analysis information | ||
obtained pursuant
to this Act shall be confidential and shall | ||
be released only to peace
officers of the United States, of | ||
other states or territories, of the
insular possessions of the | ||
United States, of foreign countries duly
authorized to receive | ||
the same, to all peace officers of the State of
Illinois and to | ||
all prosecutorial agencies, and to defense counsel as
provided | ||
by Section 116-5 of the Code of Criminal Procedure of 1963.
The | ||
genetic marker grouping analysis information obtained pursuant | ||
to
this Act shall be used only for (i) valid law enforcement | ||
identification
purposes and as required by the Federal Bureau | ||
of Investigation for
participation in the National DNA | ||
database, (ii) technology
validation
purposes, (iii) a | ||
population statistics database, (iv) quality
assurance
| ||
purposes if personally identifying information is removed,
(v) | ||
assisting in the defense of the criminally accused pursuant
to
| ||
Section 116-5 of the Code of Criminal Procedure of 1963, or | ||
(vi) identifying and assisting in the prosecution of a person | ||
who is suspected of committing a sexual assault as defined in | ||
Section 1a of the Sexual Assault Survivors Emergency Treatment | ||
Act. Notwithstanding
any other statutory provision to the | ||
contrary,
all information obtained under this Section shall be |
maintained in a single
State data base, which may be uploaded | ||
into a national database, and which
information may be subject | ||
to expungement only as set forth in subsection
(f-1).
| ||
(f-1) Upon receipt of notification of a reversal of a | ||
conviction based on
actual innocence, or of the granting of a | ||
pardon pursuant to Section 12 of
Article V of the Illinois | ||
Constitution, if that pardon document specifically
states that | ||
the reason for the pardon is the actual innocence of an | ||
individual
whose DNA record has been stored in the State or | ||
national DNA identification
index in accordance with this | ||
Section by the Illinois Department of State
Police, the DNA | ||
record shall be expunged from the DNA identification index, and
| ||
the Department shall by rule prescribe procedures to ensure | ||
that the record and
any specimens, analyses, or other documents | ||
relating to such record, whether in
the possession of the | ||
Department or any law enforcement or police agency, or
any | ||
forensic DNA laboratory, including any duplicates or copies | ||
thereof, are
destroyed and a letter is sent to the court | ||
verifying the expungement is
completed. For specimens required | ||
to be collected prior to conviction, unless the individual has | ||
other charges or convictions that require submission of a | ||
specimen, the DNA record for an individual shall be expunged | ||
from the DNA identification databases and the specimen | ||
destroyed upon receipt of a certified copy of a final court | ||
order for each charge against an individual in which the charge | ||
has been dismissed, resulted in acquittal, or that the charge |
was not filed within the applicable time period. The Department | ||
shall by rule prescribe procedures to ensure that the record | ||
and any specimens in the possession or control of the | ||
Department are destroyed and a letter is sent to the court | ||
verifying the expungement is completed.
| ||
(f-5) Any person who intentionally uses genetic marker | ||
grouping analysis
information, or any other information | ||
derived from a DNA specimen, beyond the
authorized uses as | ||
provided under this Section, or any other Illinois law, is
| ||
guilty of a Class 4 felony, and shall be subject to a fine of | ||
not less than
$5,000.
| ||
(f-6) The Illinois Department of State Police may contract | ||
with third
parties for the purposes of implementing this | ||
amendatory Act of the 93rd
General Assembly, except as provided | ||
in subsection (n) of this Section. Any other party contracting | ||
to carry out the functions of
this Section shall be subject to | ||
the same restrictions and requirements of this
Section insofar | ||
as applicable, as the Illinois Department of State Police, and
| ||
to any additional restrictions imposed by the Illinois | ||
Department of State
Police.
| ||
(g) For the purposes of this Section, "qualifying offense" | ||
means any of
the following:
| ||
(1) any violation or inchoate violation of Section | ||
11-1.50, 11-1.60, 11-6, 11-9.1, 11-11,
11-18.1, 12-15, or | ||
12-16 of the Criminal Code of 1961 or the Criminal Code of | ||
2012 ;
|
(1.1) any violation or inchoate violation of Section | ||
9-1, 9-2, 10-1,
10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, | ||
18-4, 18-6, 19-1, or 19-2 , or 19-6 of the Criminal
Code of | ||
1961 or the Criminal Code of 2012 for which persons are | ||
convicted on or after July 1, 2001;
| ||
(2) any former statute of this State which defined a | ||
felony sexual
offense;
| ||
(3) (blank);
| ||
(4) any inchoate violation of Section 9-3.1, 9-3.4, | ||
11-9.3, 12-7.3, or 12-7.4 of
the Criminal Code of 1961 or | ||
the Criminal Code of 2012 ; or
| ||
(5) any violation or inchoate violation of Article 29D | ||
of the Criminal
Code of 1961 or the Criminal Code of 2012 .
| ||
(g-5) (Blank).
| ||
(h) The Illinois Department of State Police shall be the | ||
State central
repository for all genetic marker grouping | ||
analysis information obtained
pursuant to this Act. The | ||
Illinois Department of State Police may
promulgate rules for | ||
the form and manner of the collection of blood, saliva,
or | ||
tissue specimens and other procedures for the operation of this | ||
Act. The
provisions of the Administrative Review Law shall | ||
apply to all actions taken
under the rules so promulgated.
| ||
(i) (1) A person required to provide a blood, saliva, or | ||
tissue specimen
shall
cooperate with the collection of the | ||
specimen and any deliberate act by
that person intended to | ||
impede, delay or stop the collection of the blood,
saliva, |
or tissue specimen is a Class 4 felony.
| ||
(2) In the event that a person's DNA specimen is not | ||
adequate for any
reason, the person shall provide another | ||
DNA specimen for analysis. Duly
authorized law
enforcement | ||
and corrections personnel may employ reasonable force in | ||
cases in
which an individual refuses to provide a DNA | ||
specimen required under this
Act.
| ||
(j) Any person required by subsection (a), or any person | ||
who was previously required by subsection (a-3.2), to submit | ||
specimens of blood,
saliva, or tissue to
the Illinois | ||
Department of State Police for analysis and categorization into
| ||
genetic marker grouping, in addition to any other disposition, | ||
penalty, or
fine imposed, shall pay an analysis fee of $250. If | ||
the analysis fee is not
paid at the time of sentencing, the | ||
court shall establish a fee schedule by
which the entire amount | ||
of the analysis fee shall be paid in full, such
schedule not to | ||
exceed 24 months from the time of conviction. The inability to
| ||
pay this analysis fee shall not be the sole ground to | ||
incarcerate the person.
| ||
(k) All analysis and categorization fees provided for by | ||
subsection (j)
shall be regulated as follows:
| ||
(1) The State Offender DNA Identification System Fund | ||
is hereby created as
a special fund in the State Treasury.
| ||
(2) All fees shall be collected by the clerk of the | ||
court and forwarded to
the State Offender DNA | ||
Identification System Fund for deposit. The
clerk of the |
circuit court may retain the amount of $10 from each | ||
collected
analysis fee to offset administrative costs | ||
incurred in carrying out the
clerk's responsibilities | ||
under this Section.
| ||
(3) Fees deposited into the State Offender DNA | ||
Identification System Fund
shall be used by Illinois State | ||
Police crime laboratories as designated by the
Director of | ||
State Police. These funds shall be in addition to any | ||
allocations
made pursuant to existing laws and shall be | ||
designated for the exclusive use of
State crime | ||
laboratories. These uses may include, but are not limited | ||
to, the
following:
| ||
(A) Costs incurred in providing analysis and | ||
genetic marker
categorization as required by | ||
subsection (d).
| ||
(B) Costs incurred in maintaining genetic marker | ||
groupings as required
by subsection (e).
| ||
(C) Costs incurred in the purchase and maintenance | ||
of equipment for use
in performing analyses.
| ||
(D) Costs incurred in continuing research and | ||
development of new
techniques for analysis and genetic | ||
marker categorization.
| ||
(E) Costs incurred in continuing education, | ||
training, and professional
development of forensic | ||
scientists regularly employed by these laboratories.
| ||
(l) The failure of a person to provide a specimen, or of |
any person or
agency to collect a specimen, shall in no way | ||
alter
the obligation of the person to submit such specimen, or | ||
the authority of the
Illinois Department of State Police or | ||
persons designated by the Department to
collect the specimen, | ||
or the authority of the Illinois Department of State
Police to | ||
accept, analyze and maintain the specimen or to maintain or | ||
upload
results of genetic marker grouping analysis information | ||
into a State or
national database.
| ||
(m) If any provision of this amendatory Act of the 93rd | ||
General Assembly
is
held unconstitutional or otherwise | ||
invalid, the remainder of this amendatory
Act
of the 93rd | ||
General Assembly is not affected.
| ||
(n) Neither the Department of State Police, the Division of | ||
Forensic Services, nor any laboratory of the Division of | ||
Forensic Services may contract out forensic testing for the | ||
purpose of an active investigation or a matter pending before a | ||
court of competent jurisdiction without the written consent of | ||
the prosecuting agency. For the purposes of this subsection | ||
(n), "forensic testing" includes the analysis of physical | ||
evidence in an investigation or other proceeding for the | ||
prosecution of a violation of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 or for matters adjudicated under the | ||
Juvenile Court Act of 1987, and includes the use of forensic | ||
databases and databanks, including DNA, firearm, and | ||
fingerprint databases, and expert testimony. | ||
(o) Mistake does not invalidate a database match. The |
detention, arrest, or conviction of a person based upon a | ||
database match or database information is not invalidated if it | ||
is determined that the specimen was obtained or placed in the | ||
database by mistake. | ||
(p) This Section may be referred to as the Illinois DNA | ||
Database Law of 2011. | ||
(Source: P.A. 96-426, eff. 8-13-09; 96-642, eff. 8-24-09; | ||
96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-383, eff. | ||
1-1-12; 97-1109, eff. 1-1-13.)
| ||
(730 ILCS 5/5-4-3.1) (from Ch. 38, par. 1005-4-3.1)
| ||
Sec. 5-4-3.1. Sentencing Hearing for Sex Offenses.
| ||
(a) Except for good cause shown by written motion, any | ||
person adjudged
guilty of any offense involving an illegal | ||
sexual act perpetrated upon a
victim, including but not limited | ||
to offenses for violations of Article 12
of the Criminal Code | ||
of 1961 or the Criminal Code of 2012 , or any offense determined | ||
by the court or the probation department to be sexually | ||
motivated, as defined in the Sex Offender Management Board Act, | ||
shall be sentenced within 65 days of a
verdict or finding of | ||
guilt for the offense.
| ||
(b) The court shall set the sentencing date at the time the | ||
verdict or
finding of guilt is entered by the court.
| ||
(c) Any motion for continuance shall be in writing and | ||
supported by
affidavit and in compliance with Section 114-4 of | ||
the Code of Criminal
Procedure of 1963, and the victim shall be |
notified of the date and time of
hearing and shall be provided | ||
an opportunity to address the court on the
impact the | ||
continuance may have on the victim's well-being.
| ||
(d) A complaint, information or indictment shall not be | ||
quashed or
dismissed, nor shall any person in custody for an | ||
offense be discharged
from custody because of non-compliance | ||
with this Section.
| ||
(Source: P.A. 93-970, eff. 8-20-04.)
| ||
(730 ILCS 5/5-4-3.2) | ||
Sec. 5-4-3.2. Collection and storage of Internet protocol | ||
addresses. | ||
(a) Cyber-crimes Location Database. The Attorney General | ||
is hereby authorized to establish and maintain the "Illinois | ||
Cyber-crimes Location Database" (ICLD) to collect, store, and | ||
use Internet protocol (IP) addresses for purposes of | ||
investigating and prosecuting child exploitation crimes on the | ||
Internet. | ||
(b) "Internet protocol address" means the string of numbers | ||
by which a location on the Internet is identified by routers or | ||
other computers connected to the Internet. | ||
(c) Collection of Internet Protocol addresses. | ||
(1) Collection upon commitment under the Sexually | ||
Dangerous Persons Act. Upon motion for a defendant's | ||
confinement under the Sexually Dangerous Persons Act for | ||
criminal charges under Section 11-6, 11-20.1, 11-20.1B, |
11-20.3, or 11-21 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 , the State's Attorney or Attorney | ||
General shall record all Internet protocol (IP) addresses | ||
which the defendant may access from his or her residence or | ||
place of employment, registered in his or her name, or | ||
otherwise has under his or her control or custody. | ||
(2) Collection upon conviction. Upon conviction for | ||
crimes under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||
11-21 of the Criminal Code of 1961 or the Criminal Code of | ||
2012 , a State's Attorney shall record from defendants all | ||
Internet protocol (IP) addresses which the defendant may | ||
access from his or her residence or place of employment, | ||
registered in his or her name, or otherwise has under his | ||
or her control or custody, regardless of the sentence or | ||
disposition imposed.
| ||
(d) Storage and use of the Database. Internet protocol (IP) | ||
addresses recorded pursuant to this Section shall be submitted | ||
to the Attorney General for storage and use in the Illinois | ||
Cyber-crimes Location Database. The Attorney General and its | ||
designated agents may access the database for the purpose of | ||
investigation and prosecution of crimes listed in this Section. | ||
In addition, the Attorney General is authorized to share | ||
information stored in the database with the National Center for | ||
Missing and Exploited Children (NCMEC) and any federal, state, | ||
or local law enforcement agencies for the investigation or | ||
prosecution of child exploitation crimes.
|
(Source: P.A. 95-579, eff. 8-31-07; 96-1551, eff. 7-1-11 .) | ||
(730 ILCS 5/5-4.5-20) | ||
Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first | ||
degree murder: | ||
(a) TERM. The defendant shall be sentenced to imprisonment | ||
or, if appropriate, death under Section 9-1 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). | ||
Imprisonment shall be for a determinate term of (1) not less | ||
than 20 years and not more than 60 years; (2) not less than 60 | ||
years and not more than 100 years when an extended term is | ||
imposed under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural | ||
life as provided in Section 5-8-1 (730 ILCS 5/5-8-1).
| ||
(b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | ||
shall not be imposed.
| ||
(c) IMPACT INCARCERATION. The impact incarceration program | ||
or the county impact incarceration program is not an authorized | ||
disposition.
| ||
(d) PROBATION; CONDITIONAL DISCHARGE. A period of | ||
probation or conditional discharge shall not be imposed.
| ||
(e) FINE. Fines may be imposed as provided in Section | ||
5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||
concerning restitution.
| ||
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||
be concurrent or consecutive as provided in Section 5-8-4 (730 |
ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||
(h) DRUG COURT. Drug court is not an authorized | ||
disposition.
| ||
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||
ILCS 5/5-4.5-100) concerning no credit for time spent in home | ||
detention prior to judgment.
| ||
(j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | ||
for rules and regulations for sentence credit.
| ||
(k) ELECTRONIC HOME DETENTION. Electronic home detention | ||
is not an authorized disposition, except in limited | ||
circumstances as provided in Section 5-8A-3 (730 ILCS | ||
5/5-8A-3).
| ||
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||
provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or | ||
mandatory supervised release term shall be 3 years upon release | ||
from imprisonment.
| ||
(Source: P.A. 97-697, eff. 6-22-12.)
| ||
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||
Sec. 5-5-3. Disposition.
| ||
(a) (Blank).
| ||
(b) (Blank).
| ||
(c) (1) (Blank).
| ||
(2) A period of probation, a term of periodic | ||
imprisonment or
conditional discharge shall not be imposed | ||
for the following offenses.
The court shall sentence the |
offender to not less than the minimum term
of imprisonment | ||
set forth in this Code for the following offenses, and
may | ||
order a fine or restitution or both in conjunction with | ||
such term of
imprisonment:
| ||
(A) First degree murder where the death penalty is | ||
not imposed.
| ||
(B) Attempted first degree murder.
| ||
(C) A Class X felony.
| ||
(D) A violation of Section 401.1 or 407 of the
| ||
Illinois Controlled Substances Act, or a violation of | ||
subdivision (c)(1.5) or
(c)(2) of
Section 401 of that | ||
Act which relates to more than 5 grams of a substance
| ||
containing cocaine, fentanyl, or an analog thereof.
| ||
(D-5) A violation of subdivision (c)(1) of
Section | ||
401 of the Illinois Controlled Substances Act which | ||
relates to 3 or more grams of a substance
containing | ||
heroin or an analog thereof.
| ||
(E) A violation of Section 5.1 or 9 of the Cannabis | ||
Control
Act.
| ||
(F) A Class 2 or greater felony if the offender had | ||
been convicted
of a Class 2 or greater felony, | ||
including any state or federal conviction for an | ||
offense that contained, at the time it was committed, | ||
the same elements as an offense now (the date of the | ||
offense committed after the prior Class 2 or greater | ||
felony) classified as a Class 2 or greater felony, |
within 10 years of the date on which the
offender
| ||
committed the offense for which he or she is being | ||
sentenced, except as
otherwise provided in Section | ||
40-10 of the Alcoholism and Other Drug Abuse and
| ||
Dependency Act.
| ||
(F-5) A violation of Section 24-1, 24-1.1, or | ||
24-1.6 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 for which imprisonment is prescribed in | ||
those Sections.
| ||
(G) Residential burglary, except as otherwise | ||
provided in Section 40-10
of the Alcoholism and Other | ||
Drug Abuse and Dependency Act.
| ||
(H) Criminal sexual assault.
| ||
(I) Aggravated battery of a senior citizen as | ||
described in Section 12-4.6 or subdivision (a)(4) of | ||
Section 12-3.05 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 .
| ||
(J) A forcible felony if the offense was related to | ||
the activities of an
organized gang.
| ||
Before July 1, 1994, for the purposes of this | ||
paragraph, "organized
gang" means an association of 5 | ||
or more persons, with an established hierarchy,
that | ||
encourages members of the association to perpetrate | ||
crimes or provides
support to the members of the | ||
association who do commit crimes.
| ||
Beginning July 1, 1994, for the purposes of this |
paragraph,
"organized gang" has the meaning ascribed | ||
to it in Section 10 of the Illinois
Streetgang | ||
Terrorism Omnibus Prevention Act.
| ||
(K) Vehicular hijacking.
| ||
(L) A second or subsequent conviction for the | ||
offense of hate crime
when the underlying offense upon | ||
which the hate crime is based is felony
aggravated
| ||
assault or felony mob action.
| ||
(M) A second or subsequent conviction for the | ||
offense of institutional
vandalism if the damage to the | ||
property exceeds $300.
| ||
(N) A Class 3 felony violation of paragraph (1) of | ||
subsection (a) of
Section 2 of the Firearm Owners | ||
Identification Card Act.
| ||
(O) A violation of Section 12-6.1 or 12-6.5 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 .
| ||
(P) A violation of paragraph (1), (2), (3), (4), | ||
(5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 .
| ||
(Q) A violation of subsection (b) or (b-5) of | ||
Section 20-1, Section 20-1.2 , or Section 20-1.3 of the | ||
Criminal Code of
1961 or the Criminal Code of 2012 .
| ||
(R) A violation of Section 24-3A of the Criminal | ||
Code of
1961 or the Criminal Code of 2012 .
| ||
(S) (Blank).
| ||
(T) A second or subsequent violation of the |
Methamphetamine Control and Community Protection Act.
| ||
(U) A second or subsequent violation of Section | ||
6-303 of the Illinois Vehicle Code committed while his | ||
or her driver's license, permit, or privilege was | ||
revoked because of a violation of Section 9-3 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 , | ||
relating to the offense of reckless homicide, or a | ||
similar provision of a law of another state.
| ||
(V)
A violation of paragraph (4) of subsection (c) | ||
of Section 11-20.1B or paragraph (4) of subsection (c) | ||
of Section 11-20.3 of the Criminal Code of 1961 , or | ||
paragraph (6) of subsection (a) of Section 11-20.1 of | ||
the Criminal Code of 2012 when the victim is under 13 | ||
years of age and the defendant has previously been | ||
convicted under the laws of this State or any other | ||
state of the offense of child pornography, aggravated | ||
child pornography, aggravated criminal sexual abuse, | ||
aggravated criminal sexual assault, predatory criminal | ||
sexual assault of a child, or any of the offenses | ||
formerly known as rape, deviate sexual assault, | ||
indecent liberties with a child, or aggravated | ||
indecent liberties with a child where the victim was | ||
under the age of 18 years or an offense that is | ||
substantially equivalent to those offenses . | ||
(W) A violation of Section 24-3.5 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 .
|
(X) A violation of subsection (a) of Section 31-1a | ||
of the Criminal Code of 1961 or the Criminal Code of | ||
2012 . | ||
(Y) A conviction for unlawful possession of a | ||
firearm by a street gang member when the firearm was | ||
loaded or contained firearm ammunition. | ||
(Z) A Class 1 felony committed while he or she was | ||
serving a term of probation or conditional discharge | ||
for a felony. | ||
(AA) Theft of property exceeding $500,000 and not | ||
exceeding $1,000,000 in value. | ||
(BB) Laundering of criminally derived property of | ||
a value exceeding
$500,000. | ||
(CC) Knowingly selling, offering for sale, holding | ||
for sale, or using 2,000 or more counterfeit items or | ||
counterfeit items having a retail value in the | ||
aggregate of $500,000 or more. | ||
(DD) A conviction for aggravated assault under | ||
paragraph (6) of subsection (c) of Section 12-2 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 if | ||
the firearm is aimed toward the person against whom the | ||
firearm is being used.
| ||
(3) (Blank).
| ||
(4) A minimum term of imprisonment of not less than 10
| ||
consecutive days or 30 days of community service shall be | ||
imposed for a
violation of paragraph (c) of Section 6-303 |
of the Illinois Vehicle Code.
| ||
(4.1) (Blank).
| ||
(4.2) Except as provided in paragraphs (4.3) and (4.8) | ||
of this subsection (c), a
minimum of
100 hours of community | ||
service shall be imposed for a second violation of
Section | ||
6-303
of the Illinois Vehicle Code.
| ||
(4.3) A minimum term of imprisonment of 30 days or 300 | ||
hours of community
service, as determined by the court, | ||
shall
be imposed for a second violation of subsection (c) | ||
of Section 6-303 of the
Illinois Vehicle Code.
| ||
(4.4) Except as provided in paragraphs
(4.5), (4.6), | ||
and (4.9) of this
subsection (c), a
minimum term of | ||
imprisonment of 30 days or 300 hours of community service, | ||
as
determined by the court, shall
be imposed
for a third or | ||
subsequent violation of Section 6-303 of the Illinois | ||
Vehicle
Code.
| ||
(4.5) A minimum term of imprisonment of 30 days
shall | ||
be imposed for a third violation of subsection (c) of
| ||
Section 6-303 of the Illinois Vehicle Code.
| ||
(4.6) Except as provided in paragraph (4.10) of this | ||
subsection (c), a minimum term of imprisonment of 180 days | ||
shall be imposed for a
fourth or subsequent violation of | ||
subsection (c) of Section 6-303 of the
Illinois Vehicle | ||
Code.
| ||
(4.7) A minimum term of imprisonment of not less than | ||
30 consecutive days, or 300 hours of community service, |
shall be imposed for a violation of subsection (a-5) of | ||
Section 6-303 of the Illinois Vehicle Code, as provided in | ||
subsection (b-5) of that Section.
| ||
(4.8) A mandatory prison sentence shall be imposed for | ||
a second violation of subsection (a-5) of Section 6-303 of | ||
the Illinois Vehicle Code, as provided in subsection (c-5) | ||
of that Section. The person's driving privileges shall be | ||
revoked for a period of not less than 5 years from the date | ||
of his or her release from prison.
| ||
(4.9) A mandatory prison sentence of not less than 4 | ||
and not more than 15 years shall be imposed for a third | ||
violation of subsection (a-5) of Section 6-303 of the | ||
Illinois Vehicle Code, as provided in subsection (d-2.5) of | ||
that Section. The person's driving privileges shall be | ||
revoked for the remainder of his or her life.
| ||
(4.10) A mandatory prison sentence for a Class 1 felony | ||
shall be imposed, and the person shall be eligible for an | ||
extended term sentence, for a fourth or subsequent | ||
violation of subsection (a-5) of Section 6-303 of the | ||
Illinois Vehicle Code, as provided in subsection (d-3.5) of | ||
that Section. The person's driving privileges shall be | ||
revoked for the remainder of his or her life.
| ||
(5) The court may sentence a corporation or | ||
unincorporated
association convicted of any offense to:
| ||
(A) a period of conditional discharge;
| ||
(B) a fine;
|
(C) make restitution to the victim under Section | ||
5-5-6 of this Code.
| ||
(5.1) In addition to any other penalties imposed, and | ||
except as provided in paragraph (5.2) or (5.3), a person
| ||
convicted of violating subsection (c) of Section 11-907 of | ||
the Illinois
Vehicle Code shall have his or her driver's | ||
license, permit, or privileges
suspended for at least 90 | ||
days but not more than one year, if the violation
resulted | ||
in damage to the property of another person.
| ||
(5.2) In addition to any other penalties imposed, and | ||
except as provided in paragraph (5.3), a person convicted
| ||
of violating subsection (c) of Section 11-907 of the | ||
Illinois Vehicle Code
shall have his or her driver's | ||
license, permit, or privileges suspended for at
least 180 | ||
days but not more than 2 years, if the violation resulted | ||
in injury
to
another person.
| ||
(5.3) In addition to any other penalties imposed, a | ||
person convicted of violating subsection (c) of Section
| ||
11-907 of the Illinois Vehicle Code shall have his or her | ||
driver's license,
permit, or privileges suspended for 2 | ||
years, if the violation resulted in the
death of another | ||
person.
| ||
(5.4) In addition to any other penalties imposed, a | ||
person convicted of violating Section 3-707 of the Illinois | ||
Vehicle Code shall have his or her driver's license, | ||
permit, or privileges suspended for 3 months and until he |
or she has paid a reinstatement fee of $100. | ||
(5.5) In addition to any other penalties imposed, a | ||
person convicted of violating Section 3-707 of the Illinois | ||
Vehicle Code during a period in which his or her driver's | ||
license, permit, or privileges were suspended for a | ||
previous violation of that Section shall have his or her | ||
driver's license, permit, or privileges suspended for an | ||
additional 6 months after the expiration of the original | ||
3-month suspension and until he or she has paid a | ||
reinstatement fee of $100.
| ||
(6) (Blank).
| ||
(7) (Blank).
| ||
(8) (Blank).
| ||
(9) A defendant convicted of a second or subsequent | ||
offense of ritualized
abuse of a child may be sentenced to | ||
a term of natural life imprisonment.
| ||
(10) (Blank).
| ||
(11) The court shall impose a minimum fine of $1,000 | ||
for a first offense
and $2,000 for a second or subsequent | ||
offense upon a person convicted of or
placed on supervision | ||
for battery when the individual harmed was a sports
| ||
official or coach at any level of competition and the act | ||
causing harm to the
sports
official or coach occurred | ||
within an athletic facility or within the immediate | ||
vicinity
of the athletic facility at which the sports | ||
official or coach was an active
participant
of the athletic |
contest held at the athletic facility. For the purposes of
| ||
this paragraph (11), "sports official" means a person at an | ||
athletic contest
who enforces the rules of the contest, | ||
such as an umpire or referee; "athletic facility" means an | ||
indoor or outdoor playing field or recreational area where | ||
sports activities are conducted;
and "coach" means a person | ||
recognized as a coach by the sanctioning
authority that | ||
conducted the sporting event. | ||
(12) A person may not receive a disposition of court | ||
supervision for a
violation of Section 5-16 of the Boat | ||
Registration and Safety Act if that
person has previously | ||
received a disposition of court supervision for a
violation | ||
of that Section.
| ||
(13) A person convicted of or placed on court | ||
supervision for an assault or aggravated assault when the | ||
victim and the offender are family or household members as | ||
defined in Section 103 of the Illinois Domestic Violence | ||
Act of 1986 or convicted of domestic battery or aggravated | ||
domestic battery may be required to attend a Partner Abuse | ||
Intervention Program under protocols set forth by the | ||
Illinois Department of Human Services under such terms and | ||
conditions imposed by the court. The costs of such classes | ||
shall be paid by the offender.
| ||
(d) In any case in which a sentence originally imposed is | ||
vacated,
the case shall be remanded to the trial court. The | ||
trial court shall
hold a hearing under Section 5-4-1 of the |
Unified Code of Corrections
which may include evidence of the | ||
defendant's life, moral character and
occupation during the | ||
time since the original sentence was passed. The
trial court | ||
shall then impose sentence upon the defendant. The trial
court | ||
may impose any sentence which could have been imposed at the
| ||
original trial subject to Section 5-5-4 of the Unified Code of | ||
Corrections.
If a sentence is vacated on appeal or on | ||
collateral attack due to the
failure of the trier of fact at | ||
trial to determine beyond a reasonable doubt
the
existence of a | ||
fact (other than a prior conviction) necessary to increase the
| ||
punishment for the offense beyond the statutory maximum | ||
otherwise applicable,
either the defendant may be re-sentenced | ||
to a term within the range otherwise
provided or, if the State | ||
files notice of its intention to again seek the
extended | ||
sentence, the defendant shall be afforded a new trial.
| ||
(e) In cases where prosecution for
aggravated criminal | ||
sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||
Code of 1961 or the Criminal Code of 2012 results in conviction | ||
of a defendant
who was a family member of the victim at the | ||
time of the commission of the
offense, the court shall consider | ||
the safety and welfare of the victim and
may impose a sentence | ||
of probation only where:
| ||
(1) the court finds (A) or (B) or both are appropriate:
| ||
(A) the defendant is willing to undergo a court | ||
approved counseling
program for a minimum duration of 2 | ||
years; or
|
(B) the defendant is willing to participate in a | ||
court approved plan
including but not limited to the | ||
defendant's:
| ||
(i) removal from the household;
| ||
(ii) restricted contact with the victim;
| ||
(iii) continued financial support of the | ||
family;
| ||
(iv) restitution for harm done to the victim; | ||
and
| ||
(v) compliance with any other measures that | ||
the court may
deem appropriate; and
| ||
(2) the court orders the defendant to pay for the | ||
victim's counseling
services, to the extent that the court | ||
finds, after considering the
defendant's income and | ||
assets, that the defendant is financially capable of
paying | ||
for such services, if the victim was under 18 years of age | ||
at the
time the offense was committed and requires | ||
counseling as a result of the
offense.
| ||
Probation may be revoked or modified pursuant to Section | ||
5-6-4; except
where the court determines at the hearing that | ||
the defendant violated a
condition of his or her probation | ||
restricting contact with the victim or
other family members or | ||
commits another offense with the victim or other
family | ||
members, the court shall revoke the defendant's probation and
| ||
impose a term of imprisonment.
| ||
For the purposes of this Section, "family member" and |
"victim" shall have
the meanings ascribed to them in Section | ||
11-0.1 of the Criminal Code of
2012 1961 .
| ||
(f) (Blank).
| ||
(g) Whenever a defendant is convicted of an offense under | ||
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||
11-14.3, 11-14.4 except for an offense that involves keeping a | ||
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 ,
the defendant shall 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 agent of acquired immunodeficiency syndrome
(AIDS). | ||
Any such 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 defendant's | ||
person.
Except as otherwise provided by law, the results of | ||
such 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 conviction 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, if anyone, the results of the
testing may be | ||
revealed. The court shall notify the defendant
of the test |
results. 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 legal guardian of the test
| ||
results.
The court shall provide information on the | ||
availability of HIV testing
and counseling at Department of | ||
Public Health facilities to all parties to
whom the results of | ||
the testing are revealed and shall direct the State's
Attorney | ||
to provide the information to the victim when possible.
A | ||
State's Attorney may petition the court to obtain the results | ||
of any HIV test
administered under this Section, and the court | ||
shall grant the disclosure if
the State's Attorney shows it is | ||
relevant in order to prosecute a charge of
criminal | ||
transmission of HIV under Section 12-5.01 or 12-16.2 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012
against the | ||
defendant. The court shall order that the cost of any such test
| ||
shall be paid by the county and may be taxed as costs against | ||
the convicted
defendant.
| ||
(g-5) When an inmate is tested for an airborne communicable | ||
disease, as
determined by the Illinois Department of Public | ||
Health including but not
limited to tuberculosis, the results | ||
of the test shall be
personally delivered by the warden or his | ||
or her designee in a sealed envelope
to the judge of the court | ||
in which the inmate must appear for the judge's
inspection in | ||
camera if requested by the judge. Acting in accordance with the
| ||
best interests of those in the courtroom, the judge shall have |
the discretion
to determine what if any precautions need to be | ||
taken to prevent transmission
of the disease in the courtroom.
| ||
(h) Whenever a defendant is convicted of an offense under | ||
Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||
defendant shall undergo
medical testing to determine whether | ||
the defendant has been exposed to human
immunodeficiency virus | ||
(HIV) or any other identified causative agent of
acquired | ||
immunodeficiency syndrome (AIDS). Except as otherwise provided | ||
by
law, the results of such 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 conviction was entered
for the | ||
judge's inspection in camera. Acting in accordance with the | ||
best
interests of the public, the judge shall have the | ||
discretion to determine to
whom, if anyone, the results of the | ||
testing may be revealed. The court shall
notify the defendant | ||
of a positive test showing an infection with the human
| ||
immunodeficiency virus (HIV). The court shall provide | ||
information on the
availability of HIV testing and counseling | ||
at Department of Public Health
facilities to all parties to | ||
whom the results of the testing are revealed and
shall direct | ||
the State's Attorney to provide the information to the victim | ||
when
possible. A State's Attorney may petition the court to | ||
obtain the results of
any HIV test administered under this | ||
Section, and the court shall grant the
disclosure if the | ||
State's Attorney shows it is relevant in order to prosecute a
|
charge of criminal transmission of HIV under Section 12-5.01 or | ||
12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | ||
2012 against the defendant. The court shall order that the cost | ||
of any
such test shall be paid by the county and may be taxed as | ||
costs against the
convicted defendant.
| ||
(i) All fines and penalties imposed under this Section for | ||
any violation
of Chapters 3, 4, 6, and 11 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, shall be collected and | ||
disbursed by the circuit
clerk as provided under Section 27.5 | ||
of the Clerks of Courts Act.
| ||
(j) In cases when prosecution for any violation of Section | ||
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||
11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||
12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | ||
Code of 2012 , any violation of the Illinois Controlled | ||
Substances Act,
any violation of the Cannabis Control Act, or | ||
any violation of the Methamphetamine Control and Community | ||
Protection Act results in conviction, a
disposition of court | ||
supervision, or an order of probation granted under
Section 10 | ||
of the Cannabis Control Act, Section 410 of the Illinois
| ||
Controlled Substance Act, or Section 70 of the Methamphetamine | ||
Control and Community Protection Act of a defendant, the court |
shall determine whether the
defendant is employed by a facility | ||
or center as defined under the Child Care
Act of 1969, a public | ||
or private elementary or secondary school, or otherwise
works | ||
with children under 18 years of age on a daily basis. When a | ||
defendant
is so employed, the court shall order the Clerk of | ||
the Court to send a copy of
the judgment of conviction or order | ||
of supervision or probation to the
defendant's employer by | ||
certified mail.
If the employer of the defendant is a school, | ||
the Clerk of the Court shall
direct the mailing of a copy of | ||
the judgment of conviction or order of
supervision or probation | ||
to the appropriate regional superintendent of schools.
The | ||
regional superintendent of schools shall notify the State Board | ||
of
Education of any notification under this subsection.
| ||
(j-5) A defendant at least 17 years of age who is convicted | ||
of a felony and
who has not been previously convicted of a | ||
misdemeanor or felony and who is
sentenced to a term of | ||
imprisonment in the Illinois Department of Corrections
shall as | ||
a condition of his or her sentence be required by the court to | ||
attend
educational courses designed to prepare the defendant | ||
for a high school diploma
and to work toward a high school | ||
diploma or to work toward passing the high
school level Test of | ||
General Educational Development (GED) or to work toward
| ||
completing a vocational training program offered by the | ||
Department of
Corrections. If a defendant fails to complete the | ||
educational training
required by his or her sentence during the | ||
term of incarceration, the Prisoner
Review Board shall, as a |
condition of mandatory supervised release, require the
| ||
defendant, at his or her own expense, to pursue a course of | ||
study toward a high
school diploma or passage of the GED test. | ||
The Prisoner Review Board shall
revoke the mandatory supervised | ||
release of a defendant who wilfully fails to
comply with this | ||
subsection (j-5) upon his or her release from confinement in a
| ||
penal institution while serving a mandatory supervised release | ||
term; however,
the inability of the defendant after making a | ||
good faith effort to obtain
financial aid or pay for the | ||
educational training shall not be deemed a wilful
failure to | ||
comply. The Prisoner Review Board shall recommit the defendant
| ||
whose mandatory supervised release term has been revoked under | ||
this subsection
(j-5) as provided in Section 3-3-9. This | ||
subsection (j-5) does not apply to a
defendant who has a high | ||
school diploma or has successfully passed the GED
test. This | ||
subsection (j-5) does not apply to a defendant who is | ||
determined by
the court to be developmentally disabled or | ||
otherwise mentally incapable of
completing the educational or | ||
vocational program.
| ||
(k) (Blank).
| ||
(l) (A) Except as provided
in paragraph (C) of subsection | ||
(l), whenever a defendant,
who is an alien as defined by | ||
the Immigration and Nationality Act, is convicted
of any | ||
felony or misdemeanor offense, the court after sentencing | ||
the defendant
may, upon motion of the State's Attorney, | ||
hold sentence in abeyance and remand
the defendant to the |
custody of the Attorney General of
the United States or his | ||
or her designated agent to be deported when:
| ||
(1) a final order of deportation has been issued | ||
against the defendant
pursuant to proceedings under | ||
the Immigration and Nationality Act, and
| ||
(2) the deportation of the defendant would not | ||
deprecate the seriousness
of the defendant's conduct | ||
and would not be inconsistent with the ends of
justice.
| ||
Otherwise, the defendant shall be sentenced as | ||
provided in this Chapter V.
| ||
(B) If the defendant has already been sentenced for a | ||
felony or
misdemeanor
offense, or has been placed on | ||
probation under Section 10 of the Cannabis
Control Act,
| ||
Section 410 of the Illinois Controlled Substances Act, or | ||
Section 70 of the Methamphetamine Control and Community | ||
Protection Act, the court
may, upon motion of the State's | ||
Attorney to suspend the
sentence imposed, commit the | ||
defendant to the custody of the Attorney General
of the | ||
United States or his or her designated agent when:
| ||
(1) a final order of deportation has been issued | ||
against the defendant
pursuant to proceedings under | ||
the Immigration and Nationality Act, and
| ||
(2) the deportation of the defendant would not | ||
deprecate the seriousness
of the defendant's conduct | ||
and would not be inconsistent with the ends of
justice.
| ||
(C) This subsection (l) does not apply to offenders who |
are subject to the
provisions of paragraph (2) of | ||
subsection (a) of Section 3-6-3.
| ||
(D) Upon motion of the State's Attorney, if a defendant | ||
sentenced under
this Section returns to the jurisdiction of | ||
the United States, the defendant
shall be recommitted to | ||
the custody of the county from which he or she was
| ||
sentenced.
Thereafter, the defendant shall be brought | ||
before the sentencing court, which
may impose any sentence | ||
that was available under Section 5-5-3 at the time of
| ||
initial sentencing. In addition, the defendant shall not be | ||
eligible for
additional sentence credit for good conduct as | ||
provided under
Section 3-6-3.
| ||
(m) A person convicted of criminal defacement of property | ||
under Section
21-1.3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 , in which the property damage exceeds | ||
$300
and the property damaged is a school building, shall be | ||
ordered to perform
community service that may include cleanup, | ||
removal, or painting over the
defacement.
| ||
(n) The court may sentence a person convicted of a | ||
violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||
of 1961 or the Criminal Code of 2012 (i) to an impact
| ||
incarceration program if the person is otherwise eligible for | ||
that program
under Section 5-8-1.1, (ii) to community service, | ||
or (iii) if the person is an
addict or alcoholic, as defined in | ||
the Alcoholism and Other Drug Abuse and
Dependency Act, to a |
substance or alcohol abuse program licensed under that
Act. | ||
(o) Whenever a person is convicted of a sex offense as | ||
defined in Section 2 of the Sex Offender Registration Act, the | ||
defendant's driver's license or permit shall be subject to | ||
renewal on an annual basis in accordance with the provisions of | ||
license renewal established by the Secretary of State.
| ||
(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; | ||
96-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article | ||
1, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065, | ||
eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; | ||
97-159, eff. 7-21-11; 97-697, eff. 6-22-12; 97-917, eff. | ||
8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; revised | ||
9-20-12.)
| ||
(730 ILCS 5/5-5-3.2)
| ||
Sec. 5-5-3.2. Factors in Aggravation and Extended-Term | ||
Sentencing.
| ||
(a) The following factors shall be accorded weight in favor | ||
of
imposing a term of imprisonment or may be considered by the | ||
court as reasons
to impose a more severe sentence under Section | ||
5-8-1 or Article 4.5 of Chapter V:
| ||
(1) the defendant's conduct caused or threatened | ||
serious harm;
| ||
(2) the defendant received compensation for committing | ||
the offense;
| ||
(3) the defendant has a history of prior delinquency or |
criminal activity;
| ||
(4) the defendant, by the duties of his office or by | ||
his position,
was obliged to prevent the particular offense | ||
committed or to bring
the offenders committing it to | ||
justice;
| ||
(5) the defendant held public office at the time of the | ||
offense,
and the offense related to the conduct of that | ||
office;
| ||
(6) the defendant utilized his professional reputation | ||
or
position in the community to commit the offense, or to | ||
afford
him an easier means of committing it;
| ||
(7) the sentence is necessary to deter others from | ||
committing
the same crime;
| ||
(8) the defendant committed the offense against a | ||
person 60 years of age
or older or such person's property;
| ||
(9) the defendant committed the offense against a | ||
person who is
physically handicapped or such person's | ||
property;
| ||
(10) by reason of another individual's actual or | ||
perceived race, color,
creed, religion, ancestry, gender, | ||
sexual orientation, physical or mental
disability, or | ||
national origin, the defendant committed the offense | ||
against (i)
the person or property
of that individual; (ii) | ||
the person or property of a person who has an
association | ||
with, is married to, or has a friendship with the other | ||
individual;
or (iii) the person or property of a relative |
(by blood or marriage) of a
person described in clause (i) | ||
or (ii). For the purposes of this Section,
"sexual | ||
orientation" means heterosexuality, homosexuality, or | ||
bisexuality;
| ||
(11) the offense took place in a place of worship or on | ||
the
grounds of a place of worship, immediately prior to, | ||
during or immediately
following worship services. For | ||
purposes of this subparagraph, "place of
worship" shall | ||
mean any church, synagogue or other building, structure or
| ||
place used primarily for religious worship;
| ||
(12) the defendant was convicted of a felony committed | ||
while he was
released on bail or his own recognizance | ||
pending trial for a prior felony
and was convicted of such | ||
prior felony, or the defendant was convicted of a
felony | ||
committed while he was serving a period of probation,
| ||
conditional discharge, or mandatory supervised release | ||
under subsection (d)
of Section 5-8-1
for a prior felony;
| ||
(13) the defendant committed or attempted to commit a | ||
felony while he
was wearing a bulletproof vest. For the | ||
purposes of this paragraph (13), a
bulletproof vest is any | ||
device which is designed for the purpose of
protecting the | ||
wearer from bullets, shot or other lethal projectiles;
| ||
(14) the defendant held a position of trust or | ||
supervision such as, but
not limited to, family member as | ||
defined in Section 11-0.1 of the Criminal Code
of 2012 | ||
1961 , teacher, scout leader, baby sitter, or day care |
worker, in
relation to a victim under 18 years of age, and | ||
the defendant committed an
offense in violation of Section | ||
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||
11-14.4 except for an offense that involves keeping a place | ||
of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||
11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||
or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012
against
that victim;
| ||
(15) the defendant committed an offense related to the | ||
activities of an
organized gang. For the purposes of this | ||
factor, "organized gang" has the
meaning ascribed to it in | ||
Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||
Act;
| ||
(16) the defendant committed an offense in violation of | ||
one of the
following Sections while in a school, regardless | ||
of the time of day or time of
year; on any conveyance | ||
owned, leased, or contracted by a school to transport
| ||
students to or from school or a school related activity; on | ||
the real property
of a school; or on a public way within | ||
1,000 feet of the real property
comprising any school: | ||
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
| ||
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||
12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | ||
18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||
(a)(4) or (g)(1), of the Criminal Code of
1961 or the |
Criminal Code of 2012 ;
| ||
(16.5) the defendant committed an offense in violation | ||
of one of the
following Sections while in a day care | ||
center, regardless of the time of day or
time of year; on | ||
the real property of a day care center, regardless of the | ||
time
of day or time of year; or on a public
way within | ||
1,000 feet of the real property comprising any day care | ||
center,
regardless of the time of day or time of year:
| ||
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||
11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||
12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||
18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||
(a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||
Criminal Code of 2012 ;
| ||
(17) the defendant committed the offense by reason of | ||
any person's
activity as a community policing volunteer or | ||
to prevent any person from
engaging in activity as a | ||
community policing volunteer. For the purpose of
this | ||
Section, "community policing volunteer" has the meaning | ||
ascribed to it in
Section 2-3.5 of the Criminal Code of | ||
2012 1961 ;
| ||
(18) the defendant committed the offense in a nursing | ||
home or on the
real
property comprising a nursing home. For | ||
the purposes of this paragraph (18),
"nursing home" means a | ||
skilled nursing
or intermediate long term care facility |
that is subject to license by the
Illinois Department of | ||
Public Health under the Nursing Home Care
Act, the | ||
Specialized Mental Health Rehabilitation Act, or the ID/DD | ||
Community Care Act;
| ||
(19) the defendant was a federally licensed firearm | ||
dealer
and
was
previously convicted of a violation of | ||
subsection (a) of Section 3 of the
Firearm Owners | ||
Identification Card Act and has now committed either a | ||
felony
violation
of the Firearm Owners Identification Card | ||
Act or an act of armed violence while
armed
with a firearm; | ||
(20) the defendant (i) committed the offense of | ||
reckless homicide under Section 9-3 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 or the offense of driving | ||
under the influence of alcohol, other drug or
drugs, | ||
intoxicating compound or compounds or any combination | ||
thereof under Section 11-501 of the Illinois Vehicle Code | ||
or a similar provision of a local ordinance and (ii) was | ||
operating a motor vehicle in excess of 20 miles per hour | ||
over the posted speed limit as provided in Article VI of | ||
Chapter 11 of the Illinois Vehicle Code;
| ||
(21) the defendant (i) committed the offense of | ||
reckless driving or aggravated reckless driving under | ||
Section 11-503 of the Illinois Vehicle Code and (ii) was | ||
operating a motor vehicle in excess of 20 miles per hour | ||
over the posted speed limit as provided in Article VI of | ||
Chapter 11 of the Illinois Vehicle Code; |
(22) the defendant committed the offense against a | ||
person that the defendant knew, or reasonably should have | ||
known, was a member of the Armed Forces of the United | ||
States serving on active duty. For purposes of this clause | ||
(22), the term "Armed Forces" means any of the Armed Forces | ||
of the United States, including a member of any reserve | ||
component thereof or National Guard unit called to active | ||
duty;
| ||
(23)
the defendant committed the offense against a | ||
person who was elderly, disabled, or infirm by taking | ||
advantage of a family or fiduciary relationship with the | ||
elderly, disabled, or infirm person;
| ||
(24)
the defendant committed any offense under Section | ||
11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012 and possessed 100 or more images;
| ||
(25) the defendant committed the offense while the | ||
defendant or the victim was in a train, bus, or other | ||
vehicle used for public transportation; | ||
(26) the defendant committed the offense of child | ||
pornography or aggravated child pornography, specifically | ||
including paragraph (1), (2), (3), (4), (5), or (7) of | ||
subsection (a) of Section 11-20.1 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 where a child engaged in, | ||
solicited for, depicted in, or posed in any act of sexual | ||
penetration or bound, fettered, or subject to sadistic, | ||
masochistic, or sadomasochistic abuse in a sexual context |
and specifically including paragraph (1), (2), (3), (4), | ||
(5), or (7) of subsection (a) of Section 11-20.1B or | ||
Section 11-20.3 of the Criminal Code of 1961 where a child | ||
engaged in, solicited for, depicted in, or posed in any act | ||
of sexual penetration or bound, fettered, or subject to | ||
sadistic, masochistic, or sadomasochistic abuse in a | ||
sexual context; | ||
(27) the defendant committed the offense of first | ||
degree murder, assault, aggravated assault, battery, | ||
aggravated battery, robbery, armed robbery, or aggravated | ||
robbery against a person who was a veteran and the | ||
defendant knew, or reasonably should have known, that the | ||
person was a veteran performing duties as a representative | ||
of a veterans' organization. For the purposes of this | ||
paragraph (27), "veteran" means an Illinois resident who | ||
has served as a member of the United States Armed Forces, a | ||
member of the Illinois National Guard, or a member of the | ||
United States Reserve Forces; and "veterans' organization" | ||
means an organization comprised of members of
which | ||
substantially all are individuals who are veterans or | ||
spouses,
widows, or widowers of veterans, the primary | ||
purpose of which is to
promote the welfare of its members | ||
and to provide assistance to the general
public in such a | ||
way as to confer a public benefit; or | ||
(28) the defendant committed the offense of assault, | ||
aggravated assault, battery, aggravated battery, robbery, |
armed robbery, or aggravated robbery against a person that | ||
the defendant knew or reasonably should have known was a | ||
letter carrier or postal worker while that person was | ||
performing his or her duties delivering mail for the United | ||
States Postal Service. | ||
For the purposes of this Section:
| ||
"School" is defined as a public or private
elementary or | ||
secondary school, community college, college, or university.
| ||
"Day care center" means a public or private State certified | ||
and
licensed day care center as defined in Section 2.09 of the | ||
Child Care Act of
1969 that displays a sign in plain view | ||
stating that the
property is a day care center.
| ||
"Public transportation" means the transportation
or | ||
conveyance of persons by means available to the general public, | ||
and includes paratransit services. | ||
(b) The following factors, related to all felonies, may be | ||
considered by the court as
reasons to impose an extended term | ||
sentence under Section 5-8-2
upon any offender:
| ||
(1) When a defendant is convicted of any felony, after | ||
having
been previously convicted in Illinois or any other | ||
jurisdiction of the
same or similar class felony or greater | ||
class felony, when such conviction
has occurred within 10 | ||
years after the
previous conviction, excluding time spent | ||
in custody, and such charges are
separately brought and | ||
tried and arise out of different series of acts; or
| ||
(2) When a defendant is convicted of any felony and the |
court
finds that the offense was accompanied by | ||
exceptionally brutal
or heinous behavior indicative of | ||
wanton cruelty; or
| ||
(3) When a defendant is convicted of any felony | ||
committed against:
| ||
(i) a person under 12 years of age at the time of | ||
the offense or such
person's property;
| ||
(ii) a person 60 years of age or older at the time | ||
of the offense or
such person's property; or
| ||
(iii) a person physically handicapped at the time | ||
of the offense or
such person's property; or
| ||
(4) When a defendant is convicted of any felony and the | ||
offense
involved any of the following types of specific | ||
misconduct committed as
part of a ceremony, rite, | ||
initiation, observance, performance, practice or
activity | ||
of any actual or ostensible religious, fraternal, or social | ||
group:
| ||
(i) the brutalizing or torturing of humans or | ||
animals;
| ||
(ii) the theft of human corpses;
| ||
(iii) the kidnapping of humans;
| ||
(iv) the desecration of any cemetery, religious, | ||
fraternal, business,
governmental, educational, or | ||
other building or property; or
| ||
(v) ritualized abuse of a child; or
| ||
(5) When a defendant is convicted of a felony other |
than conspiracy and
the court finds that
the felony was | ||
committed under an agreement with 2 or more other persons
| ||
to commit that offense and the defendant, with respect to | ||
the other
individuals, occupied a position of organizer, | ||
supervisor, financier, or any
other position of management | ||
or leadership, and the court further finds that
the felony | ||
committed was related to or in furtherance of the criminal
| ||
activities of an organized gang or was motivated by the | ||
defendant's leadership
in an organized gang; or
| ||
(6) When a defendant is convicted of an offense | ||
committed while using a firearm with a
laser sight attached | ||
to it. For purposes of this paragraph, "laser sight"
has | ||
the meaning ascribed to it in Section 26-7 of the Criminal | ||
Code of
2012 1961 ; or
| ||
(7) When a defendant who was at least 17 years of age | ||
at the
time of
the commission of the offense is convicted | ||
of a felony and has been previously
adjudicated a | ||
delinquent minor under the Juvenile Court Act of 1987 for | ||
an act
that if committed by an adult would be a Class X or | ||
Class 1 felony when the
conviction has occurred within 10 | ||
years after the previous adjudication,
excluding time | ||
spent in custody; or
| ||
(8) When a defendant commits any felony and the | ||
defendant used, possessed, exercised control over, or | ||
otherwise directed an animal to assault a law enforcement | ||
officer engaged in the execution of his or her official |
duties or in furtherance of the criminal activities of an | ||
organized gang in which the defendant is engaged.
| ||
(c) The following factors may be considered by the court as | ||
reasons to impose an extended term sentence under Section 5-8-2 | ||
(730 ILCS 5/5-8-2) upon any offender for the listed offenses: | ||
(1) When a defendant is convicted of first degree | ||
murder, after having been previously convicted in Illinois | ||
of any offense listed under paragraph (c)(2) of Section | ||
5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | ||
within 10 years after the previous conviction, excluding | ||
time spent in custody, and the charges are separately | ||
brought and tried and arise out of different series of | ||
acts. | ||
(1.5) When a defendant is convicted of first degree | ||
murder, after having been previously convicted of domestic | ||
battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||
(720 ILCS 5/12-3.3) committed on the same victim or after | ||
having been previously convicted of violation of an order | ||
of protection (720 ILCS 5/12-30) in which the same victim | ||
was the protected person. | ||
(2) When a defendant is convicted of voluntary | ||
manslaughter, second degree murder, involuntary | ||
manslaughter, or reckless homicide in which the defendant | ||
has been convicted of causing the death of more than one | ||
individual. | ||
(3) When a defendant is convicted of aggravated |
criminal sexual assault or criminal sexual assault, when | ||
there is a finding that aggravated criminal sexual assault | ||
or criminal sexual assault was also committed on the same | ||
victim by one or more other individuals, and the defendant | ||
voluntarily participated in the crime with the knowledge of | ||
the participation of the others in the crime, and the | ||
commission of the crime was part of a single course of | ||
conduct during which there was no substantial change in the | ||
nature of the criminal objective. | ||
(4) If the victim was under 18 years of age at the time | ||
of the commission of the offense, when a defendant is | ||
convicted of aggravated criminal sexual assault or | ||
predatory criminal sexual assault of a child under | ||
subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||
of Section 12-14.1 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||
(5) When a defendant is convicted of a felony violation | ||
of Section 24-1 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||
finding that the defendant is a member of an organized | ||
gang. | ||
(6) When a defendant was convicted of unlawful use of | ||
weapons under Section 24-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||
a weapon that is not readily distinguishable as one of the | ||
weapons enumerated in Section 24-1 of the Criminal Code of |
1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||
(7) When a defendant is convicted of an offense | ||
involving the illegal manufacture of a controlled | ||
substance under Section 401 of the Illinois Controlled | ||
Substances Act (720 ILCS 570/401), the illegal manufacture | ||
of methamphetamine under Section 25 of the Methamphetamine | ||
Control and Community Protection Act (720 ILCS 646/25), or | ||
the illegal possession of explosives and an emergency | ||
response officer in the performance of his or her duties is | ||
killed or injured at the scene of the offense while | ||
responding to the emergency caused by the commission of the | ||
offense. In this paragraph, "emergency" means a situation | ||
in which a person's life, health, or safety is in jeopardy; | ||
and "emergency response officer" means a peace officer, | ||
community policing volunteer, fireman, emergency medical | ||
technician-ambulance, emergency medical | ||
technician-intermediate, emergency medical | ||
technician-paramedic, ambulance driver, other medical | ||
assistance or first aid personnel, or hospital emergency | ||
room personnel.
| ||
(d) 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.
| ||
(e) The court may impose an extended term sentence under | ||
Article 4.5 of Chapter V upon an offender who has been | ||
convicted of a felony violation of Section 11-1.20, 11-1.30, |
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||
when the victim of the offense is under 18 years of age at the | ||
time of the commission of the offense and, during the | ||
commission of the offense, the victim was under the influence | ||
of alcohol, regardless of whether or not the alcohol was | ||
supplied by the offender; and the offender, at the time of the | ||
commission of the offense, knew or should have known that the | ||
victim had consumed alcohol. | ||
(Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328, | ||
eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; | ||
96-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff. | ||
1-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551, | ||
Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11, | ||
97-227, eff. 1-1-12; 97-333, eff. 8-12-11; 97-693, eff. 1-1-13; | ||
97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; revised 9-20-12.)
| ||
(730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| ||
Sec. 5-5-5. Loss and Restoration of Rights.
| ||
(a) Conviction and disposition shall not entail the loss by | ||
the
defendant of any civil rights, except under this Section | ||
and Sections 29-6
and 29-10 of The Election Code, as now or | ||
hereafter amended.
| ||
(b) A person convicted of a felony shall be ineligible to | ||
hold an office
created by the Constitution of this State until | ||
the completion of his sentence.
|
(c) A person sentenced to imprisonment shall lose his right | ||
to vote
until released from imprisonment.
| ||
(d) On completion of sentence of imprisonment or upon | ||
discharge from
probation, conditional discharge or periodic | ||
imprisonment, or at any time
thereafter, all license rights and | ||
privileges
granted under the authority of this State which have | ||
been revoked or
suspended because of conviction of an offense | ||
shall be restored unless the
authority having jurisdiction of | ||
such license rights finds after
investigation and hearing that | ||
restoration is not in the public interest.
This paragraph (d) | ||
shall not apply to the suspension or revocation of a
license to | ||
operate a motor vehicle under the Illinois Vehicle Code.
| ||
(e) Upon a person's discharge from incarceration or parole, | ||
or upon a
person's discharge from probation or at any time | ||
thereafter, the committing
court may enter an order certifying | ||
that the sentence has been
satisfactorily completed when the | ||
court believes it would assist in the
rehabilitation of the | ||
person and be consistent with the public welfare.
Such order | ||
may be entered upon the motion of the defendant or the State or
| ||
upon the court's own motion.
| ||
(f) Upon entry of the order, the court shall issue to the | ||
person in
whose favor the order has been entered a certificate | ||
stating that his
behavior after conviction has warranted the | ||
issuance of the order.
| ||
(g) This Section shall not affect the right of a defendant | ||
to
collaterally attack his conviction or to rely on it in bar |
of subsequent
proceedings for the same offense.
| ||
(h) No application for any license specified in subsection | ||
(i) of this
Section granted under the
authority of this State | ||
shall be denied by reason of an eligible offender who
has | ||
obtained a certificate of relief from disabilities, as
defined | ||
in Article 5.5 of this Chapter, having been previously | ||
convicted of one
or more
criminal offenses, or by reason of a | ||
finding of lack of "good moral
character" when the finding is | ||
based upon the fact that the applicant has
previously been | ||
convicted of one or more criminal offenses, unless:
| ||
(1) there is a direct relationship between one or more | ||
of the previous
criminal offenses and the specific license | ||
sought; or
| ||
(2) the issuance of the license would
involve an | ||
unreasonable risk to property or to the safety or welfare | ||
of
specific individuals or the general public.
| ||
In making such a determination, the licensing agency shall | ||
consider the
following factors:
| ||
(1) the public policy of this State, as expressed in | ||
Article 5.5 of this
Chapter, to encourage the licensure and | ||
employment of persons previously
convicted of one or more | ||
criminal offenses;
| ||
(2) the specific duties and responsibilities | ||
necessarily related to the
license being sought;
| ||
(3) the bearing, if any, the criminal offenses or | ||
offenses for which the
person
was previously convicted will |
have on his or her fitness or ability to perform
one or
| ||
more such duties and responsibilities;
| ||
(4) the time which has elapsed since the occurrence of | ||
the criminal
offense or offenses;
| ||
(5) the age of the person at the time of occurrence of | ||
the criminal
offense or offenses;
| ||
(6) the seriousness of the offense or offenses;
| ||
(7) any information produced by the person or produced | ||
on his or her
behalf in
regard to his or her rehabilitation | ||
and good conduct, including a certificate
of relief from | ||
disabilities issued to the applicant, which certificate | ||
shall
create a presumption of rehabilitation in regard to | ||
the offense or offenses
specified in the certificate; and
| ||
(8) the legitimate interest of the licensing agency in | ||
protecting
property, and
the safety and welfare of specific | ||
individuals or the general public.
| ||
(i) A certificate of relief from disabilities shall be | ||
issued only
for a
license or certification issued under the | ||
following Acts:
| ||
(1) the Animal Welfare Act; except that a certificate | ||
of relief from
disabilities may not be granted
to provide | ||
for
the
issuance or restoration of a license under the | ||
Animal Welfare Act for any
person convicted of violating | ||
Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | ||
Care for Animals Act or Section 26-5 or 48-1 of the | ||
Criminal Code of
1961 or the Criminal Code of 2012 ;
|
(2) the Illinois Athletic Trainers Practice Act;
| ||
(3) the Barber, Cosmetology, Esthetics, Hair Braiding, | ||
and Nail Technology Act of 1985;
| ||
(4) the Boiler and Pressure Vessel Repairer Regulation | ||
Act;
| ||
(5) the Boxing and Full-contact Martial Arts Act;
| ||
(6) the Illinois Certified Shorthand Reporters Act of | ||
1984;
| ||
(7) the Illinois Farm Labor Contractor Certification | ||
Act;
| ||
(8) the Interior Design Title Act;
| ||
(9) the Illinois Professional Land Surveyor Act of | ||
1989;
| ||
(10) the Illinois Landscape Architecture Act of 1989;
| ||
(11) the Marriage and Family Therapy Licensing Act;
| ||
(12) the Private Employment Agency Act;
| ||
(13) the Professional Counselor and Clinical | ||
Professional Counselor
Licensing and Practice
Act;
| ||
(14) the Real Estate License Act of 2000;
| ||
(15) the Illinois Roofing Industry Licensing Act; | ||
(16) the Professional Engineering Practice Act of | ||
1989; | ||
(17) the Water Well and Pump Installation Contractor's | ||
License Act; | ||
(18) the Electrologist Licensing Act;
| ||
(19) the Auction License Act; |
(20) the Illinois Architecture Practice Act of 1989; | ||
(21) the Dietetic and Nutrition Services Practice Act; | ||
(22) the Environmental Health Practitioner Licensing | ||
Act; | ||
(23) the Funeral Directors and Embalmers Licensing | ||
Code; | ||
(24) the Land Sales Registration Act of 1999; | ||
(25) the Professional Geologist Licensing Act; | ||
(26) the Illinois Public Accounting Act; and | ||
(27) the Structural Engineering Practice Act of 1989.
| ||
(Source: P.A. 96-1246, eff. 1-1-11; 97-119, eff. 7-14-11; | ||
97-706, eff. 6-25-12; 97-1108, eff. 1-1-13; revised 9-20-12.)
| ||
(730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
| ||
Sec. 5-5-6. In all convictions for offenses in violation of | ||
the Criminal
Code of 1961 or the Criminal Code of 2012 or of | ||
Section 11-501 of the Illinois Vehicle Code in which the person | ||
received any injury to his or her person or damage
to his or | ||
her real or personal property as a result of the criminal act | ||
of the
defendant, the court shall order restitution as provided | ||
in this Section. In
all other cases, except cases in which | ||
restitution is required under this
Section, the court must at | ||
the sentence hearing determine whether restitution
is an | ||
appropriate sentence to be imposed on each defendant convicted | ||
of an
offense. If the court determines that an order directing | ||
the offender to make
restitution is appropriate, the offender |
may be sentenced to make restitution.
The court may consider | ||
restitution an appropriate sentence to be imposed on each | ||
defendant convicted of an offense in addition to a sentence of | ||
imprisonment. The sentence of the defendant to a term of | ||
imprisonment is not a mitigating factor that prevents the court | ||
from ordering the defendant to pay restitution. If
the offender | ||
is sentenced to make restitution the Court shall determine the
| ||
restitution as hereinafter set forth:
| ||
(a) At the sentence hearing, the court shall determine | ||
whether the
property
may be restored in kind to the | ||
possession of the owner or the person entitled
to | ||
possession thereof; or whether the defendant is possessed | ||
of sufficient
skill to repair and restore property damaged; | ||
or whether the defendant should
be required to make | ||
restitution in cash, for out-of-pocket expenses, damages,
| ||
losses, or injuries found to have been proximately caused | ||
by the conduct
of the defendant or another for whom the | ||
defendant is legally accountable
under the provisions of | ||
Article 5 V of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 .
| ||
(b) In fixing the amount of restitution to be paid in | ||
cash, the court
shall allow credit for property returned in | ||
kind, for property damages ordered
to be repaired by the | ||
defendant, and for property ordered to be restored
by the | ||
defendant; and after granting the credit, the court shall | ||
assess
the actual out-of-pocket expenses, losses, damages, |
and injuries suffered
by the victim named in the charge and | ||
any other victims who may also have
suffered out-of-pocket | ||
expenses, losses, damages, and injuries proximately
caused | ||
by the same criminal conduct of the defendant, and | ||
insurance
carriers who have indemnified the named victim or | ||
other victims for the
out-of-pocket expenses, losses, | ||
damages, or injuries, provided that in no
event shall | ||
restitution be ordered to be paid on account of pain and
| ||
suffering. When a victim's out-of-pocket expenses have | ||
been paid pursuant to the Crime Victims Compensation Act, | ||
the court shall order restitution be paid to the | ||
compensation program. If a defendant is placed on | ||
supervision for, or convicted of,
domestic battery, the | ||
defendant shall be required to pay restitution to any
| ||
domestic violence shelter in which the victim and any other | ||
family or household
members lived because of the domestic | ||
battery. The amount of the restitution
shall equal the | ||
actual expenses of the domestic violence shelter in | ||
providing
housing and any other services for the victim and | ||
any other family or household
members living at the | ||
shelter. If a defendant fails to pay restitution in
the | ||
manner or within
the time period specified by the court, | ||
the court may enter an order
directing the sheriff to seize | ||
any real or personal property of a defendant
to the extent | ||
necessary to satisfy the order of restitution and dispose | ||
of
the property by public sale. All proceeds from such sale |
in excess of the
amount of restitution plus court costs and | ||
the costs of the sheriff in
conducting the sale shall be | ||
paid to the defendant. The defendant convicted of
domestic | ||
battery, if a person under 18 years of age was present and | ||
witnessed the domestic battery of the
victim, is liable to | ||
pay restitution for the cost of any counseling required
for
| ||
the child at the discretion of the court.
| ||
(c) In cases where more than one defendant is | ||
accountable for the same
criminal conduct that results in | ||
out-of-pocket expenses, losses, damages,
or injuries, each | ||
defendant shall be ordered to pay restitution in the amount
| ||
of the total actual out-of-pocket expenses, losses, | ||
damages, or injuries
to the victim proximately caused by | ||
the conduct of all of the defendants
who are legally | ||
accountable for the offense.
| ||
(1) In no event shall the victim be entitled to | ||
recover restitution in
excess of the actual | ||
out-of-pocket expenses, losses, damages, or injuries,
| ||
proximately caused by the conduct of all of the | ||
defendants.
| ||
(2) As between the defendants, the court may | ||
apportion the restitution
that is payable in | ||
proportion to each co-defendant's culpability in the
| ||
commission of the offense.
| ||
(3) In the absence of a specific order apportioning | ||
the restitution,
each defendant shall bear his pro rata |
share of the restitution.
| ||
(4) As between the defendants, each defendant | ||
shall be entitled to a pro
rata reduction in the total | ||
restitution required to be paid to the victim
for | ||
amounts of restitution actually paid by co-defendants, | ||
and defendants
who shall have paid more than their pro | ||
rata share shall be entitled to
refunds to be computed | ||
by the court as additional amounts are
paid by | ||
co-defendants.
| ||
(d) In instances where a defendant has more than one | ||
criminal charge
pending
against him in a single case, or | ||
more than one case, and the defendant stands
convicted of | ||
one or more charges, a plea agreement negotiated by the | ||
State's
Attorney and the defendants may require the | ||
defendant to make restitution
to victims of charges that | ||
have been dismissed or which it is contemplated
will be | ||
dismissed under the terms of the plea agreement, and under | ||
the
agreement, the court may impose a sentence of | ||
restitution on the charge
or charges of which the defendant | ||
has been convicted that would require
the defendant to make | ||
restitution to victims of other offenses as provided
in the | ||
plea agreement.
| ||
(e) The court may require the defendant to apply the | ||
balance of the cash
bond, after payment of court costs, and | ||
any fine that may be imposed to
the payment of restitution.
| ||
(f) Taking into consideration the ability of the |
defendant to pay, including any real or personal property | ||
or any other assets of the defendant,
the court shall | ||
determine whether restitution shall be paid in a single
| ||
payment or in installments, and shall fix a period of time | ||
not in excess
of 5 years, except for violations of Sections | ||
16-1.3 and 17-56 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 , or the period of time specified in | ||
subsection (f-1), not including periods of incarceration, | ||
within which payment of
restitution is to be paid in full.
| ||
Complete restitution shall be paid in as short a time | ||
period as possible.
However, if the court deems it | ||
necessary and in the best interest of the
victim, the court | ||
may extend beyond 5 years the period of time within which | ||
the
payment of restitution is to be paid.
If the defendant | ||
is ordered to pay restitution and the court orders that
| ||
restitution is to be paid over a period greater than 6 | ||
months, the court
shall order that the defendant make | ||
monthly payments; the court may waive
this requirement of | ||
monthly payments only if there is a specific finding of
| ||
good cause for waiver.
| ||
(f-1)(1) In addition to any other penalty prescribed by | ||
law and any restitution ordered under this Section that did | ||
not include long-term physical health care costs, the court | ||
may, upon conviction of any misdemeanor or felony, order a | ||
defendant to pay restitution to a victim in accordance with | ||
the provisions of this subsection (f-1) if the victim has |
suffered physical injury as a result of the offense that is | ||
reasonably probable to require or has required long-term | ||
physical health care for more than 3 months. As used in | ||
this subsection (f-1) "long-term physical health care" | ||
includes mental health care.
| ||
(2) The victim's estimate of long-term physical health | ||
care costs may be made as part of a victim impact statement | ||
under Section 6 of the Rights of Crime Victims and | ||
Witnesses Act or made separately. The court shall enter the | ||
long-term physical health care restitution order at the | ||
time of sentencing. An order of restitution made under this | ||
subsection (f-1) shall fix a monthly amount to be paid by | ||
the defendant for as long as long-term physical health care | ||
of the victim is required as a result of the offense. The | ||
order may exceed the length of any sentence imposed upon | ||
the defendant for the criminal activity. The court shall | ||
include as a special finding in the judgment of conviction | ||
its determination of the monthly cost of long-term physical | ||
health care.
| ||
(3) After a sentencing order has been entered, the | ||
court may from time to time, on the petition of either the | ||
defendant or the victim, or upon its own motion, enter an | ||
order for restitution for long-term physical care or modify | ||
the existing order for restitution for long-term physical | ||
care as to the amount of monthly payments. Any modification | ||
of the order shall be based only upon a substantial change |
of circumstances relating to the cost of long-term physical | ||
health care or the financial condition of either the | ||
defendant or the victim. The petition shall be filed as | ||
part of the original criminal docket.
| ||
(g) In addition to the sentences provided for in | ||
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||
11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
12-14, | ||
12-14.1, 12-15, and 12-16, and subdivision (a)(4) of | ||
Section 11-14.4, of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 , the court may
order any person who | ||
is convicted of violating any of those Sections or who was | ||
charged with any of those offenses and which charge was | ||
reduced to another charge as a result of a plea agreement | ||
under subsection (d) of this Section to meet
all or any | ||
portion of the financial obligations of treatment, | ||
including but not
limited to medical, psychiatric, or | ||
rehabilitative treatment or psychological counseling,
| ||
prescribed for the victim or victims of the offense.
| ||
The payments shall be made by the defendant to the | ||
clerk of the circuit
court
and transmitted by the clerk to | ||
the appropriate person or agency as directed by
the court. | ||
Except as otherwise provided in subsection (f-1), the
order | ||
may require such payments to be made for a period not to
| ||
exceed 5 years after sentencing, not including periods of | ||
incarceration.
| ||
(h) The judge may enter an order of withholding to |
collect the amount
of restitution owed in accordance with | ||
Part 8 of Article XII of the Code of
Civil Procedure.
| ||
(i) A sentence of restitution may be modified or | ||
revoked by the court
if the offender commits another | ||
offense, or the offender fails to make
restitution as | ||
ordered by the court, but no sentence to make restitution
| ||
shall be revoked unless the court shall find that the | ||
offender has had the
financial ability to make restitution, | ||
and he has wilfully refused to do
so. When the offender's | ||
ability to pay restitution was established at the time
an | ||
order of restitution was entered or modified, or when the | ||
offender's ability
to pay was based on the offender's | ||
willingness to make restitution as part of a
plea agreement | ||
made at the time the order of restitution was entered or
| ||
modified, there is a rebuttable presumption that the facts | ||
and circumstances
considered by the court at the hearing at | ||
which the order of restitution was
entered or modified | ||
regarding the offender's ability or willingness to pay
| ||
restitution have not materially changed. If the court shall | ||
find that the
defendant has failed to make
restitution and | ||
that the failure is not wilful, the court may impose an
| ||
additional period of time within which to make restitution. | ||
The length of
the additional period shall not be more than | ||
2 years. The court shall
retain all of the incidents of the | ||
original sentence, including the
authority to modify or | ||
enlarge the conditions, and to revoke or further
modify the |
sentence if the conditions of payment are violated during | ||
the
additional period.
| ||
(j) The procedure upon the filing of a Petition to | ||
Revoke a sentence to
make restitution shall be the same as | ||
the procedures set forth in Section
5-6-4 of this Code | ||
governing violation, modification, or revocation of
| ||
Probation, of Conditional Discharge, or of Supervision.
| ||
(k) Nothing contained in this Section shall preclude | ||
the right of any
party to proceed in a civil action to | ||
recover for any damages incurred due
to the criminal | ||
misconduct of the defendant.
| ||
(l) Restitution ordered under this Section shall not be
| ||
subject to disbursement by the circuit clerk under Section | ||
27.5 of the
Clerks of Courts Act.
| ||
(m) A restitution order under this Section is a | ||
judgment lien in favor
of
the victim that:
| ||
(1) Attaches to the property of the person subject | ||
to the order;
| ||
(2) May be perfected in the same manner as provided | ||
in Part 3 of Article
9 of the Uniform Commercial Code;
| ||
(3) May be enforced to satisfy any payment that is | ||
delinquent under the
restitution order by the person in | ||
whose favor the order is issued or the
person's | ||
assignee; and
| ||
(4) Expires in the same manner as a judgment lien | ||
created in a civil
proceeding.
|
When a restitution order is issued under this Section, | ||
the issuing court
shall send a certified copy of the order | ||
to the clerk of the circuit court
in the county where the | ||
charge was filed. Upon receiving the order, the
clerk shall | ||
enter and index the order in the circuit court judgment | ||
docket.
| ||
(n) An order of restitution under this Section does not | ||
bar
a civil action for:
| ||
(1) Damages that the court did not require the | ||
person to pay to the
victim under the restitution order | ||
but arise from an injury or property
damages that is | ||
the basis of restitution ordered by the court; and
| ||
(2) Other damages suffered by the victim.
| ||
The restitution order is not discharged by the
completion | ||
of the sentence imposed for the offense.
| ||
A restitution order under this Section is not discharged by | ||
the
liquidation of a person's estate by a receiver. A | ||
restitution order under
this Section may be enforced in the | ||
same manner as judgment liens are
enforced under Article XII of | ||
the Code of Civil Procedure.
| ||
The provisions of Section 2-1303 of the Code of Civil | ||
Procedure,
providing for interest on judgments, apply to | ||
judgments for restitution entered
under this Section.
| ||
(Source: P.A. 96-290, eff. 8-11-09; 96-1551, eff. 7-1-11; | ||
97-482, eff. 1-1-12; 97-817, eff. 1-1-13.)
|
(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| ||
(Text of Section before amendment by P.A. 97-831 ) | ||
Sec. 5-6-1. Sentences of Probation and of Conditional
| ||
Discharge and Disposition of Supervision.
The General Assembly | ||
finds that in order to protect the public, the
criminal 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 probation, conditional discharge or disposition of
| ||
supervision.
| ||
(a) Except where specifically prohibited by other
| ||
provisions of this Code, the court shall impose a sentence
of | ||
probation or conditional discharge upon an offender
unless, | ||
having regard to the nature and circumstance of
the offense, | ||
and to the history, character and condition
of the offender, | ||
the court is of the opinion that:
| ||
(1) his imprisonment or periodic imprisonment is | ||
necessary
for the protection of the public; or
| ||
(2) probation or conditional discharge would deprecate
| ||
the seriousness of the offender's conduct and would be
| ||
inconsistent with the ends of justice; or
| ||
(3) a combination of imprisonment with concurrent or | ||
consecutive probation when an offender has been admitted | ||
into a drug court program under Section 20 of the Drug |
Court Treatment Act is necessary for the protection of the | ||
public and for the rehabilitation of the offender.
| ||
The court shall impose as a condition of a sentence 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 5-6-4 of this Act.
| ||
(b) The court may impose a sentence of conditional
| ||
discharge for an offense if the court is of the opinion
that | ||
neither a sentence of imprisonment nor of periodic
imprisonment | ||
nor of probation supervision is appropriate.
| ||
(b-1) Subsections (a) and (b) of this Section do not apply | ||
to a defendant charged with a misdemeanor or felony under the | ||
Illinois Vehicle Code or reckless homicide under Section 9-3 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012 if the | ||
defendant within the past 12 months has been convicted of or | ||
pleaded guilty to a misdemeanor or felony under the Illinois | ||
Vehicle Code or reckless homicide under Section 9-3 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 . | ||
(c) The court may, upon a plea of guilty or a stipulation
| ||
by the defendant of the facts supporting the charge or a
| ||
finding of guilt, defer further proceedings and the
imposition | ||
of a sentence, and enter an order for supervision of the | ||
defendant,
if the defendant is not charged with: (i) a Class A |
misdemeanor, as
defined by the following provisions of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 : Sections
| ||
11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1 ; 31-1; 31-6; | ||
31-7; paragraphs (2) and (3) of subsection (a) of Section
21-1;
| ||
paragraph (1) through (5), (8), (10), and (11) of subsection | ||
(a) of Section
24-1; (ii) a Class A misdemeanor violation of | ||
Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | ||
Act; or (iii)
a felony.
If the defendant
is not barred from | ||
receiving an order for supervision as provided in this
| ||
subsection, the court may enter an order for supervision after | ||
considering the
circumstances of the offense, and the history,
| ||
character and condition of the offender, if the court is of the | ||
opinion
that:
| ||
(1) the offender is not likely to commit further | ||
crimes;
| ||
(2) the defendant and the public would be best served | ||
if the
defendant were not to receive a criminal record; and
| ||
(3) in the best interests of justice an order of | ||
supervision
is more appropriate than a sentence otherwise | ||
permitted under this Code.
| ||
(c-5) Subsections (a), (b), and (c) of this Section do not | ||
apply to a defendant charged with a second or subsequent | ||
violation of Section 6-303 of the Illinois Vehicle Code | ||
committed while his or her driver's license, permit or | ||
privileges were revoked because of a violation of Section 9-3 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012 , |
relating to the offense of reckless homicide, or a similar | ||
provision of a law of another state.
| ||
(d) The provisions of paragraph (c) shall not apply to a | ||
defendant charged
with violating Section 11-501 of the Illinois | ||
Vehicle Code or a similar
provision of a local
ordinance when | ||
the defendant has previously been:
| ||
(1) convicted for a violation of Section 11-501 of
the | ||
Illinois Vehicle
Code or a similar provision of a
local | ||
ordinance or any similar law or ordinance of another state; | ||
or
| ||
(2) assigned supervision for a violation of Section | ||
11-501 of the Illinois
Vehicle Code or a similar provision | ||
of a local ordinance or any similar law
or ordinance of | ||
another state; or
| ||
(3) pleaded guilty to or stipulated to the facts | ||
supporting
a charge or a finding of guilty to a violation | ||
of Section 11-503 of the
Illinois Vehicle Code or a similar | ||
provision of a local ordinance or any
similar law or | ||
ordinance of another state, and the
plea or stipulation was | ||
the result of a plea agreement.
| ||
The court shall consider the statement of the prosecuting
| ||
authority with regard to the standards set forth in this | ||
Section.
| ||
(e) The provisions of paragraph (c) shall not apply to a | ||
defendant
charged with violating Section 16-25 or 16A-3 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 if said
|
defendant has within the last 5 years been:
| ||
(1) convicted for a violation of Section 16-25 or 16A-3 | ||
of the Criminal Code of
1961 or the Criminal Code of 2012 ; | ||
or
| ||
(2) assigned supervision for a violation of Section | ||
16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal | ||
Code of 2012 .
| ||
The court shall consider the statement of the prosecuting | ||
authority with
regard to the standards set forth in this | ||
Section.
| ||
(f) The provisions of paragraph (c) shall not apply to a | ||
defendant
charged with violating Sections 15-111, 15-112, | ||
15-301, paragraph (b)
of Section 6-104, Section 11-605, Section | ||
11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance.
| ||
(g) Except as otherwise provided in paragraph (i) of this | ||
Section, the
provisions of paragraph (c) shall not apply to a
| ||
defendant charged with violating Section
3-707, 3-708, 3-710, | ||
or 5-401.3
of the Illinois Vehicle Code or a similar provision | ||
of a local ordinance if the
defendant has within the last 5 | ||
years been:
| ||
(1) convicted for a violation of Section 3-707, 3-708, | ||
3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||
provision of a local
ordinance; or
| ||
(2) assigned supervision for a violation of Section | ||
3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle |
Code or a similar provision of a local
ordinance.
| ||
The court shall consider the statement of the prosecuting | ||
authority with
regard to the standards set forth in this | ||
Section.
| ||
(h) The provisions of paragraph (c) shall not apply to a | ||
defendant under
the age of 21 years charged with violating a | ||
serious traffic offense as defined
in Section 1-187.001 of the | ||
Illinois Vehicle Code:
| ||
(1) unless the defendant, upon payment of the fines, | ||
penalties, and costs
provided by law, agrees to attend and | ||
successfully complete a traffic safety
program approved by | ||
the court under standards set by the Conference of Chief
| ||
Circuit Judges. The accused shall be responsible for | ||
payment of any traffic
safety program fees. If the accused | ||
fails to file a certificate of
successful completion on or | ||
before the termination date of the supervision
order, the | ||
supervision shall be summarily revoked and conviction | ||
entered. The
provisions of Supreme Court Rule 402 relating | ||
to pleas of guilty do not apply
in cases when a defendant | ||
enters a guilty plea under this provision; or
| ||
(2) if the defendant has previously been sentenced | ||
under the provisions of
paragraph (c) on or after January | ||
1, 1998 for any serious traffic offense as
defined in | ||
Section 1-187.001 of the Illinois Vehicle Code.
| ||
(h-1) The provisions of paragraph (c) shall not apply to a | ||
defendant under the age of 21 years charged with an offense |
against traffic regulations governing the movement of vehicles | ||
or any violation of Section 6-107 or Section 12-603.1 of the | ||
Illinois Vehicle Code, unless the defendant, upon payment of | ||
the fines, penalties, and costs provided by law, agrees to | ||
attend and successfully complete a traffic safety program | ||
approved by the court under standards set by the Conference of | ||
Chief Circuit Judges. The accused shall be responsible for | ||
payment of any traffic safety program fees. If the accused | ||
fails to file a certificate of successful completion on or | ||
before the termination date of the supervision order, the | ||
supervision shall be summarily revoked and conviction entered. | ||
The provisions of Supreme Court Rule 402 relating to pleas of | ||
guilty do not apply in cases when a defendant enters a guilty | ||
plea under this provision.
| ||
(i) The provisions of paragraph (c) shall not apply to a | ||
defendant charged
with violating Section 3-707 of the Illinois | ||
Vehicle Code or a similar
provision of a local ordinance if the | ||
defendant has been assigned supervision
for a violation of | ||
Section 3-707 of the Illinois Vehicle Code or a similar
| ||
provision of a local ordinance.
| ||
(j) The provisions of paragraph (c) shall not apply to a
| ||
defendant charged with violating
Section 6-303 of the Illinois | ||
Vehicle Code or a similar provision of
a local ordinance when | ||
the revocation or suspension was for a violation of
Section | ||
11-501 or a similar provision of a local ordinance or a | ||
violation of
Section 11-501.1 or paragraph (b) of Section |
11-401 of the Illinois Vehicle
Code if the
defendant has within | ||
the last 10 years been:
| ||
(1) convicted for a violation of Section 6-303 of the | ||
Illinois Vehicle
Code or a similar provision of a local | ||
ordinance; or
| ||
(2) assigned supervision for a violation of Section | ||
6-303 of the Illinois
Vehicle Code or a similar provision | ||
of a local ordinance. | ||
(k) The provisions of paragraph (c) shall not apply to a
| ||
defendant charged with violating
any provision of the Illinois | ||
Vehicle Code or a similar provision of a local ordinance that | ||
governs the movement of vehicles if, within the 12 months | ||
preceding the date of the defendant's arrest, the defendant has | ||
been assigned court supervision on 2 occasions for a violation | ||
that governs the movement of vehicles under the Illinois | ||
Vehicle Code or a similar provision of a local ordinance.
The | ||
provisions of this paragraph (k) do not apply to a defendant | ||
charged with violating Section 11-501 of the Illinois Vehicle | ||
Code or a similar provision of a local ordinance.
| ||
(l) A defendant charged with violating any provision of the | ||
Illinois Vehicle Code or a similar provision of a local | ||
ordinance who receives a disposition of supervision under | ||
subsection (c) shall pay an additional fee of $29, to be | ||
collected as provided in Sections 27.5 and 27.6 of the Clerks | ||
of Courts Act. In addition to the $29 fee, the person shall | ||
also pay a fee of $6, which, if not waived by the court, shall |
be collected as provided in Sections 27.5 and 27.6 of the | ||
Clerks of Courts Act. The $29 fee shall be disbursed as | ||
provided in Section 16-104c of the Illinois Vehicle Code. If | ||
the $6 fee is collected, $5.50 of the fee shall be deposited | ||
into the Circuit Court Clerk Operation and Administrative Fund | ||
created by the Clerk of the Circuit Court and 50 cents of the | ||
fee shall be deposited into the Prisoner Review Board Vehicle | ||
and Equipment Fund in the State treasury.
| ||
(m) Any person convicted of, pleading guilty to, or placed | ||
on supervision for a serious traffic violation, as defined in | ||
Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||
Section 11-501 of the Illinois Vehicle Code, or a violation of | ||
a similar provision of a local ordinance shall pay an | ||
additional fee of $35, to be disbursed as provided in Section | ||
16-104d of that Code. | ||
This subsection (m) becomes inoperative 7 years after | ||
October 13, 2007 (the effective date of Public Act 95-154).
| ||
(n)
The provisions of paragraph (c) shall not apply to any | ||
person under the age of 18 who commits an offense against | ||
traffic regulations governing the movement of vehicles or any | ||
violation of Section 6-107 or Section 12-603.1 of the Illinois | ||
Vehicle Code, except upon personal appearance of the defendant | ||
in court and upon the written consent of the defendant's parent | ||
or legal guardian, executed before the presiding judge. The | ||
presiding judge shall have the authority to waive this | ||
requirement upon the showing of good cause by the defendant.
|
(o)
The provisions of paragraph (c) shall not apply to a | ||
defendant charged with violating Section 6-303 of the Illinois | ||
Vehicle Code or a similar provision of a local ordinance when | ||
the suspension was for a violation of Section 11-501.1 of the | ||
Illinois Vehicle Code and when: | ||
(1) at the time of the violation of Section 11-501.1 of | ||
the Illinois Vehicle Code, the defendant was a first | ||
offender pursuant to Section 11-500 of the Illinois Vehicle | ||
Code and the defendant failed to obtain a monitoring device | ||
driving permit; or | ||
(2) at the time of the violation of Section 11-501.1 of | ||
the Illinois Vehicle Code, the defendant was a first | ||
offender pursuant to Section 11-500 of the Illinois Vehicle | ||
Code, had subsequently obtained a monitoring device | ||
driving permit, but was driving a vehicle not equipped with | ||
a breath alcohol ignition interlock device as defined in | ||
Section 1-129.1 of the Illinois Vehicle Code.
| ||
(p) The provisions of paragraph (c) shall not apply to a | ||
defendant charged with violating subsection (b) of Section | ||
11-601.5 of the Illinois Vehicle Code or a similar provision of | ||
a local ordinance. | ||
(Source: P.A. 96-253, eff. 8-11-09; 96-286, eff. 8-11-09; | ||
96-328, eff. 8-11-09; 96-625, eff. 1-1-10; 96-1000, eff. | ||
7-2-10; 96-1002, eff. 1-1-11; 96-1175, eff. 9-20-10; 96-1551, | ||
eff. 7-1-11; 97-333, eff. 8-12-11; 97-597, eff. 1-1-12; | ||
97-1108, eff. 1-1-13.) |
(Text of Section after amendment by P.A. 97-831 ) | ||
Sec. 5-6-1. Sentences of Probation and of Conditional
| ||
Discharge and Disposition of Supervision.
The General Assembly | ||
finds that in order to protect the public, the
criminal 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 probation, conditional discharge or disposition of
| ||
supervision.
| ||
(a) Except where specifically prohibited by other
| ||
provisions of this Code, the court shall impose a sentence
of | ||
probation or conditional discharge upon an offender
unless, | ||
having regard to the nature and circumstance of
the offense, | ||
and to the history, character and condition
of the offender, | ||
the court is of the opinion that:
| ||
(1) his imprisonment or periodic imprisonment is | ||
necessary
for the protection of the public; or
| ||
(2) probation or conditional discharge would deprecate
| ||
the seriousness of the offender's conduct and would be
| ||
inconsistent with the ends of justice; or
| ||
(3) a combination of imprisonment with concurrent or | ||
consecutive probation when an offender has been admitted | ||
into a drug court program under Section 20 of the Drug |
Court Treatment Act is necessary for the protection of the | ||
public and for the rehabilitation of the offender.
| ||
The court shall impose as a condition of a sentence 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 5-6-4 of this Act.
| ||
(b) The court may impose a sentence of conditional
| ||
discharge for an offense if the court is of the opinion
that | ||
neither a sentence of imprisonment nor of periodic
imprisonment | ||
nor of probation supervision is appropriate.
| ||
(b-1) Subsections (a) and (b) of this Section do not apply | ||
to a defendant charged with a misdemeanor or felony under the | ||
Illinois Vehicle Code or reckless homicide under Section 9-3 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012 if the | ||
defendant within the past 12 months has been convicted of or | ||
pleaded guilty to a misdemeanor or felony under the Illinois | ||
Vehicle Code or reckless homicide under Section 9-3 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 . | ||
(c) The court may, upon a plea of guilty or a stipulation
| ||
by the defendant of the facts supporting the charge or a
| ||
finding of guilt, defer further proceedings and the
imposition | ||
of a sentence, and enter an order for supervision of the | ||
defendant,
if the defendant is not charged with: (i) a Class A |
misdemeanor, as
defined by the following provisions of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 : Sections
| ||
11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1 ; 31-1; 31-6; | ||
31-7; paragraphs (2) and (3) of subsection (a) of Section
21-1;
| ||
paragraph (1) through (5), (8), (10), and (11) of subsection | ||
(a) of Section
24-1; (ii) a Class A misdemeanor violation of | ||
Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals | ||
Act; or (iii)
a felony.
If the defendant
is not barred from | ||
receiving an order for supervision as provided in this
| ||
subsection, the court may enter an order for supervision after | ||
considering the
circumstances of the offense, and the history,
| ||
character and condition of the offender, if the court is of the | ||
opinion
that:
| ||
(1) the offender is not likely to commit further | ||
crimes;
| ||
(2) the defendant and the public would be best served | ||
if the
defendant were not to receive a criminal record; and
| ||
(3) in the best interests of justice an order of | ||
supervision
is more appropriate than a sentence otherwise | ||
permitted under this Code.
| ||
(c-5) Subsections (a), (b), and (c) of this Section do not | ||
apply to a defendant charged with a second or subsequent | ||
violation of Section 6-303 of the Illinois Vehicle Code | ||
committed while his or her driver's license, permit or | ||
privileges were revoked because of a violation of Section 9-3 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012 , |
relating to the offense of reckless homicide, or a similar | ||
provision of a law of another state.
| ||
(d) The provisions of paragraph (c) shall not apply to a | ||
defendant charged
with violating Section 11-501 of the Illinois | ||
Vehicle Code or a similar
provision of a local
ordinance when | ||
the defendant has previously been:
| ||
(1) convicted for a violation of Section 11-501 of
the | ||
Illinois Vehicle
Code or a similar provision of a
local | ||
ordinance or any similar law or ordinance of another state; | ||
or
| ||
(2) assigned supervision for a violation of Section | ||
11-501 of the Illinois
Vehicle Code or a similar provision | ||
of a local ordinance or any similar law
or ordinance of | ||
another state; or
| ||
(3) pleaded guilty to or stipulated to the facts | ||
supporting
a charge or a finding of guilty to a violation | ||
of Section 11-503 of the
Illinois Vehicle Code or a similar | ||
provision of a local ordinance or any
similar law or | ||
ordinance of another state, and the
plea or stipulation was | ||
the result of a plea agreement.
| ||
The court shall consider the statement of the prosecuting
| ||
authority with regard to the standards set forth in this | ||
Section.
| ||
(e) The provisions of paragraph (c) shall not apply to a | ||
defendant
charged with violating Section 16-25 or 16A-3 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 if said
|
defendant has within the last 5 years been:
| ||
(1) convicted for a violation of Section 16-25 or 16A-3 | ||
of the Criminal Code of
1961 or the Criminal Code of 2012 ; | ||
or
| ||
(2) assigned supervision for a violation of Section | ||
16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal | ||
Code of 2012 .
| ||
The court shall consider the statement of the prosecuting | ||
authority with
regard to the standards set forth in this | ||
Section.
| ||
(f) The provisions of paragraph (c) shall not apply to a | ||
defendant
charged with violating Sections 15-111, 15-112, | ||
15-301, paragraph (b)
of Section 6-104, Section 11-605, Section | ||
11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a | ||
similar provision of a local ordinance.
| ||
(g) Except as otherwise provided in paragraph (i) of this | ||
Section, the
provisions of paragraph (c) shall not apply to a
| ||
defendant charged with violating Section
3-707, 3-708, 3-710, | ||
or 5-401.3
of the Illinois Vehicle Code or a similar provision | ||
of a local ordinance if the
defendant has within the last 5 | ||
years been:
| ||
(1) convicted for a violation of Section 3-707, 3-708, | ||
3-710, or 5-401.3
of the Illinois Vehicle Code or a similar | ||
provision of a local
ordinance; or
| ||
(2) assigned supervision for a violation of Section | ||
3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle |
Code or a similar provision of a local
ordinance.
| ||
The court shall consider the statement of the prosecuting | ||
authority with
regard to the standards set forth in this | ||
Section.
| ||
(h) The provisions of paragraph (c) shall not apply to a | ||
defendant under
the age of 21 years charged with violating a | ||
serious traffic offense as defined
in Section 1-187.001 of the | ||
Illinois Vehicle Code:
| ||
(1) unless the defendant, upon payment of the fines, | ||
penalties, and costs
provided by law, agrees to attend and | ||
successfully complete a traffic safety
program approved by | ||
the court under standards set by the Conference of Chief
| ||
Circuit Judges. The accused shall be responsible for | ||
payment of any traffic
safety program fees. If the accused | ||
fails to file a certificate of
successful completion on or | ||
before the termination date of the supervision
order, the | ||
supervision shall be summarily revoked and conviction | ||
entered. The
provisions of Supreme Court Rule 402 relating | ||
to pleas of guilty do not apply
in cases when a defendant | ||
enters a guilty plea under this provision; or
| ||
(2) if the defendant has previously been sentenced | ||
under the provisions of
paragraph (c) on or after January | ||
1, 1998 for any serious traffic offense as
defined in | ||
Section 1-187.001 of the Illinois Vehicle Code.
| ||
(h-1) The provisions of paragraph (c) shall not apply to a | ||
defendant under the age of 21 years charged with an offense |
against traffic regulations governing the movement of vehicles | ||
or any violation of Section 6-107 or Section 12-603.1 of the | ||
Illinois Vehicle Code, unless the defendant, upon payment of | ||
the fines, penalties, and costs provided by law, agrees to | ||
attend and successfully complete a traffic safety program | ||
approved by the court under standards set by the Conference of | ||
Chief Circuit Judges. The accused shall be responsible for | ||
payment of any traffic safety program fees. If the accused | ||
fails to file a certificate of successful completion on or | ||
before the termination date of the supervision order, the | ||
supervision shall be summarily revoked and conviction entered. | ||
The provisions of Supreme Court Rule 402 relating to pleas of | ||
guilty do not apply in cases when a defendant enters a guilty | ||
plea under this provision.
| ||
(i) The provisions of paragraph (c) shall not apply to a | ||
defendant charged
with violating Section 3-707 of the Illinois | ||
Vehicle Code or a similar
provision of a local ordinance if the | ||
defendant has been assigned supervision
for a violation of | ||
Section 3-707 of the Illinois Vehicle Code or a similar
| ||
provision of a local ordinance.
| ||
(j) The provisions of paragraph (c) shall not apply to a
| ||
defendant charged with violating
Section 6-303 of the Illinois | ||
Vehicle Code or a similar provision of
a local ordinance when | ||
the revocation or suspension was for a violation of
Section | ||
11-501 or a similar provision of a local ordinance or a | ||
violation of
Section 11-501.1 or paragraph (b) of Section |
11-401 of the Illinois Vehicle
Code if the
defendant has within | ||
the last 10 years been:
| ||
(1) convicted for a violation of Section 6-303 of the | ||
Illinois Vehicle
Code or a similar provision of a local | ||
ordinance; or
| ||
(2) assigned supervision for a violation of Section | ||
6-303 of the Illinois
Vehicle Code or a similar provision | ||
of a local ordinance. | ||
(k) The provisions of paragraph (c) shall not apply to a
| ||
defendant charged with violating
any provision of the Illinois | ||
Vehicle Code or a similar provision of a local ordinance that | ||
governs the movement of vehicles if, within the 12 months | ||
preceding the date of the defendant's arrest, the defendant has | ||
been assigned court supervision on 2 occasions for a violation | ||
that governs the movement of vehicles under the Illinois | ||
Vehicle Code or a similar provision of a local ordinance.
The | ||
provisions of this paragraph (k) do not apply to a defendant | ||
charged with violating Section 11-501 of the Illinois Vehicle | ||
Code or a similar provision of a local ordinance.
| ||
(l) A defendant charged with violating any provision of the | ||
Illinois Vehicle Code or a similar provision of a local | ||
ordinance who receives a disposition of supervision under | ||
subsection (c) shall pay an additional fee of $29, to be | ||
collected as provided in Sections 27.5 and 27.6 of the Clerks | ||
of Courts Act. In addition to the $29 fee, the person shall | ||
also pay a fee of $6, which, if not waived by the court, shall |
be collected as provided in Sections 27.5 and 27.6 of the | ||
Clerks of Courts Act. The $29 fee shall be disbursed as | ||
provided in Section 16-104c of the Illinois Vehicle Code. If | ||
the $6 fee is collected, $5.50 of the fee shall be deposited | ||
into the Circuit Court Clerk Operation and Administrative Fund | ||
created by the Clerk of the Circuit Court and 50 cents of the | ||
fee shall be deposited into the Prisoner Review Board Vehicle | ||
and Equipment Fund in the State treasury.
| ||
(m) Any person convicted of, pleading guilty to, or placed | ||
on supervision for a serious traffic violation, as defined in | ||
Section 1-187.001 of the Illinois Vehicle Code, a violation of | ||
Section 11-501 of the Illinois Vehicle Code, or a violation of | ||
a similar provision of a local ordinance shall pay an | ||
additional fee of $35, to be disbursed as provided in Section | ||
16-104d of that Code. | ||
This subsection (m) becomes inoperative 7 years after | ||
October 13, 2007 (the effective date of Public Act 95-154).
| ||
(n)
The provisions of paragraph (c) shall not apply to any | ||
person under the age of 18 who commits an offense against | ||
traffic regulations governing the movement of vehicles or any | ||
violation of Section 6-107 or Section 12-603.1 of the Illinois | ||
Vehicle Code, except upon personal appearance of the defendant | ||
in court and upon the written consent of the defendant's parent | ||
or legal guardian, executed before the presiding judge. The | ||
presiding judge shall have the authority to waive this | ||
requirement upon the showing of good cause by the defendant.
|
(o)
The provisions of paragraph (c) shall not apply to a | ||
defendant charged with violating Section 6-303 of the Illinois | ||
Vehicle Code or a similar provision of a local ordinance when | ||
the suspension was for a violation of Section 11-501.1 of the | ||
Illinois Vehicle Code and when: | ||
(1) at the time of the violation of Section 11-501.1 of | ||
the Illinois Vehicle Code, the defendant was a first | ||
offender pursuant to Section 11-500 of the Illinois Vehicle | ||
Code and the defendant failed to obtain a monitoring device | ||
driving permit; or | ||
(2) at the time of the violation of Section 11-501.1 of | ||
the Illinois Vehicle Code, the defendant was a first | ||
offender pursuant to Section 11-500 of the Illinois Vehicle | ||
Code, had subsequently obtained a monitoring device | ||
driving permit, but was driving a vehicle not equipped with | ||
a breath alcohol ignition interlock device as defined in | ||
Section 1-129.1 of the Illinois Vehicle Code.
| ||
(p) The provisions of paragraph (c) shall not apply to a | ||
defendant charged with violating Section 11-601.5 of the | ||
Illinois Vehicle Code or a similar provision of a local | ||
ordinance. | ||
(q) The provisions of paragraph (c) shall not apply to a | ||
defendant charged with violating subsection (b) of Section | ||
11-601 of the Illinois Vehicle Code when the defendant was | ||
operating a vehicle, in an urban district, at a speed in excess | ||
of 25 miles per hour over the posted speed limit. |
(Source: P.A. 96-253, eff. 8-11-09; 96-286, eff. 8-11-09; | ||
96-328, eff. 8-11-09; 96-625, eff. 1-1-10; 96-1000, eff. | ||
7-2-10; 96-1002, eff. 1-1-11; 96-1175, eff. 9-20-10; 96-1551, | ||
eff. 7-1-11; 97-333, eff. 8-12-11; 97-597, eff. 1-1-12; 97-831, | ||
eff. 7-1-13; 97-1108, eff. 1-1-13; revised 9-20-12.) | ||
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | ||
Sec. 5-6-3. Conditions of Probation and of Conditional | ||
Discharge.
| ||
(a) The conditions of probation and of conditional | ||
discharge shall be
that the person:
| ||
(1) not violate any criminal statute of any | ||
jurisdiction;
| ||
(2) report to or appear in person before such person or | ||
agency as
directed by the court;
| ||
(3) refrain from possessing a firearm or other | ||
dangerous weapon where the offense is a felony or, if a | ||
misdemeanor, the offense involved the intentional or | ||
knowing infliction of bodily harm or threat of bodily harm;
| ||
(4) not leave the State without the consent of the | ||
court or, in
circumstances in which the reason for the | ||
absence is of such an emergency
nature that prior consent | ||
by the court is not possible, without the prior
| ||
notification and approval of the person's probation
| ||
officer. Transfer of a person's probation or conditional | ||
discharge
supervision to another state is subject to |
acceptance by the other state
pursuant to the Interstate | ||
Compact for Adult Offender Supervision;
| ||
(5) permit the probation officer to visit
him at his | ||
home or elsewhere
to the extent necessary to discharge his | ||
duties;
| ||
(6) perform no less than 30 hours of community service | ||
and not more than
120 hours of community service, if | ||
community service is available in the
jurisdiction and is | ||
funded and approved by the county board where the offense
| ||
was committed, where the offense was related to or in | ||
furtherance of the
criminal activities of an organized gang | ||
and was motivated by the offender's
membership in or | ||
allegiance to an organized gang. The community service | ||
shall
include, but 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 or the Criminal Code of | ||
2012 and similar damage
to property located within the | ||
municipality or county in which the violation
occurred. | ||
When possible and reasonable, the community service should | ||
be
performed in the offender's neighborhood. For purposes | ||
of this Section,
"organized gang" has the meaning ascribed | ||
to it in Section 10 of the Illinois
Streetgang Terrorism | ||
Omnibus Prevention Act;
| ||
(7) if he or she is at least 17 years of age and has | ||
been sentenced to
probation or conditional discharge for a | ||
misdemeanor or felony in a county of
3,000,000 or more |
inhabitants and has not been previously convicted of a
| ||
misdemeanor or felony, may be required by the sentencing | ||
court to attend
educational courses designed to prepare the | ||
defendant for a high school diploma
and to work toward a | ||
high school diploma or to work toward passing the high
| ||
school level Test of General Educational Development (GED) | ||
or to work toward
completing a vocational training program | ||
approved by the court. The person on
probation or | ||
conditional discharge must attend a public institution of
| ||
education to obtain the educational or vocational training | ||
required by this
clause (7). The court shall revoke the | ||
probation or conditional discharge of a
person who wilfully | ||
fails to comply with this clause (7). The person on
| ||
probation or conditional discharge shall be required to pay | ||
for the cost of the
educational courses or GED test, if a | ||
fee is charged for those courses or
test. The court shall | ||
resentence the offender whose probation or conditional
| ||
discharge has been revoked as provided in Section 5-6-4. | ||
This clause (7) does
not apply to a person who has a high | ||
school diploma or has successfully passed
the GED test. | ||
This clause (7) does not apply to a person who is | ||
determined by
the court to be developmentally disabled or | ||
otherwise mentally incapable of
completing the educational | ||
or vocational program;
| ||
(8) if convicted of possession of a substance | ||
prohibited
by the Cannabis Control Act, the Illinois |
Controlled Substances Act, or the Methamphetamine Control | ||
and Community Protection Act
after a previous conviction or | ||
disposition of supervision for possession of a
substance | ||
prohibited by the Cannabis Control Act or Illinois | ||
Controlled
Substances Act or after a sentence of probation | ||
under Section 10 of the
Cannabis
Control Act, Section 410 | ||
of the Illinois Controlled Substances Act, or Section 70 of | ||
the Methamphetamine Control and Community Protection Act | ||
and upon a
finding by the court that the person is | ||
addicted, undergo treatment at a
substance abuse program | ||
approved by the court;
| ||
(8.5) if convicted of a felony sex offense as defined | ||
in the Sex
Offender
Management Board Act, the person shall | ||
undergo and successfully complete sex
offender treatment | ||
by a treatment provider approved by the Board and conducted
| ||
in conformance with the standards developed under the Sex
| ||
Offender Management Board Act;
| ||
(8.6) if convicted of a sex offense as defined in the | ||
Sex Offender Management Board Act, refrain from residing at | ||
the same address or in the same condominium unit or | ||
apartment unit or in the same condominium complex or | ||
apartment complex with another person he or she knows or | ||
reasonably should know is a convicted sex offender or has | ||
been placed on supervision for a sex offense; the | ||
provisions of this paragraph do not apply to a person | ||
convicted of a sex offense who is placed in a Department of |
Corrections licensed transitional housing facility for sex | ||
offenders; | ||
(8.7) if convicted for an offense committed on or after | ||
June 1, 2008 (the effective date of Public Act 95-464) that | ||
would qualify the accused as a child sex offender as | ||
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 , refrain from | ||
communicating with or contacting, by means of the Internet, | ||
a person who is not related to the accused and whom the | ||
accused reasonably believes to be under 18 years of age; | ||
for purposes of this paragraph (8.7), "Internet" has the | ||
meaning ascribed to it in Section 16-0.1 of the Criminal | ||
Code of 2012 1961 ; and a person is not related to the | ||
accused if the person is not: (i) the spouse, brother, or | ||
sister of the accused; (ii) a descendant of the accused; | ||
(iii) a first or second cousin of the accused; or (iv) a | ||
step-child or adopted child of the accused; | ||
(8.8) if convicted for an offense under Section 11-6, | ||
11-9.1, 11-14.4 that involves soliciting for a juvenile | ||
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012 , | ||
or any attempt to commit any of these offenses, committed | ||
on or after June 1, 2009 (the effective date of Public Act | ||
95-983): | ||
(i) not access or use a computer or any other | ||
device with Internet capability without the prior |
written approval of the offender's probation officer, | ||
except in connection with the offender's employment or | ||
search for employment with the prior approval of the | ||
offender's probation officer; | ||
(ii) submit to periodic unannounced examinations | ||
of the offender's computer or any other device with | ||
Internet capability by the offender's probation | ||
officer, a law enforcement officer, or assigned | ||
computer or information technology specialist, | ||
including the retrieval and copying of all data from | ||
the computer or device and any internal or external | ||
peripherals and removal of such information, | ||
equipment, or device to conduct a more thorough | ||
inspection; | ||
(iii) submit to the installation on the offender's | ||
computer or device with Internet capability, at the | ||
offender's expense, of one or more hardware or software | ||
systems to monitor the Internet use; and | ||
(iv) submit to any other appropriate restrictions | ||
concerning the offender's use of or access to a | ||
computer or any other device with Internet capability | ||
imposed by the offender's probation officer; | ||
(8.9) if convicted of a sex offense as defined in the | ||
Sex Offender
Registration Act committed on or after January | ||
1, 2010 (the effective date of Public Act 96-262), refrain | ||
from accessing or using a social networking website as |
defined in Section 17-0.5 of the Criminal Code of 2012 | ||
1961 ;
| ||
(9) if convicted of a felony or of any misdemeanor | ||
violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | ||
12-3.5 of the Criminal Code of 1961 or the Criminal Code of | ||
2012 that was determined, pursuant to Section 112A-11.1 of | ||
the Code of Criminal Procedure of 1963, to trigger the | ||
prohibitions of 18 U.S.C. 922(g)(9), physically surrender | ||
at a time and place
designated by the court, his or her | ||
Firearm
Owner's Identification Card and
any and all | ||
firearms in
his or her possession. The Court shall return | ||
to the Department of State Police Firearm Owner's | ||
Identification Card Office the person's Firearm Owner's | ||
Identification Card;
| ||
(10) if convicted of a sex offense as defined in | ||
subsection (a-5) of Section 3-1-2 of this Code, unless the | ||
offender is a parent or guardian of the person under 18 | ||
years of age present in the home and no non-familial minors | ||
are present, not participate in a holiday event involving | ||
children under 18 years of age, such as distributing candy | ||
or other items to children on Halloween, wearing a Santa | ||
Claus costume on or preceding Christmas, being employed as | ||
a department store Santa Claus, or wearing an Easter Bunny | ||
costume on or preceding Easter; | ||
(11) if convicted of a sex offense as defined in | ||
Section 2 of the Sex Offender Registration Act committed on |
or after January 1, 2010 (the effective date of Public Act | ||
96-362) that requires the person to register as a sex | ||
offender under that Act, may not knowingly use any computer | ||
scrub software on any computer that the sex offender uses; | ||
and | ||
(12) if convicted of a violation of the Methamphetamine | ||
Control and Community Protection Act, the Methamphetamine
| ||
Precursor Control Act, or a methamphetamine related | ||
offense: | ||
(A) prohibited from purchasing, possessing, or | ||
having under his or her control any product containing | ||
pseudoephedrine unless prescribed by a physician; and | ||
(B) prohibited from purchasing, possessing, or | ||
having under his or her control any product containing | ||
ammonium nitrate. | ||
(b) The Court may in addition to other reasonable | ||
conditions relating to the
nature of the offense or the | ||
rehabilitation of the defendant as determined for
each | ||
defendant in the proper discretion of the Court require that | ||
the person:
| ||
(1) serve a term of periodic imprisonment under Article | ||
7 for a
period not to exceed that specified in paragraph | ||
(d) of Section 5-7-1;
| ||
(2) pay a fine and costs;
| ||
(3) work or pursue a course of study or vocational | ||
training;
|
(4) undergo medical, psychological or psychiatric | ||
treatment; or treatment
for drug addiction or alcoholism;
| ||
(5) attend or reside in a facility established for the | ||
instruction
or residence of defendants on probation;
| ||
(6) support his dependents;
| ||
(7) and in addition, if a minor:
| ||
(i) reside with his parents or in a foster home;
| ||
(ii) attend school;
| ||
(iii) attend a non-residential program for youth;
| ||
(iv) contribute to his own support at home or in a | ||
foster home;
| ||
(v) 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 is convicted of a crime of | ||
violence as
defined in
Section 2 of the Crime Victims | ||
Compensation Act committed in a school, on the
real
| ||
property
comprising a school, or within 1,000 feet of | ||
the real property comprising a
school;
| ||
(8) make restitution as provided in Section 5-5-6 of | ||
this Code;
| ||
(9) perform some reasonable public or community | ||
service;
| ||
(10) 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 offender:
| ||
(i) remain within the interior premises of the | ||
place designated for
his confinement during the hours | ||
designated by the court;
| ||
(ii) admit any person or agent designated by the | ||
court into the
offender's place of confinement at any | ||
time for purposes of verifying
the offender's | ||
compliance with the conditions of his confinement; and
| ||
(iii) if further deemed necessary by the court or | ||
the
Probation or
Court Services Department, be placed | ||
on an approved
electronic monitoring device, subject | ||
to Article 8A of Chapter V;
| ||
(iv) for persons convicted of any alcohol, | ||
cannabis or controlled
substance violation who are | ||
placed on an approved monitoring device as a
condition | ||
of probation or conditional discharge, the court shall | ||
impose a
reasonable fee for each day of the use of the | ||
device, as established by the
county board in | ||
subsection (g) of this Section, unless after | ||
determining the
inability of the offender to pay the | ||
fee, the court assesses a lesser fee or no
fee as the | ||
case may be. This fee shall be imposed in addition to | ||
the fees
imposed under subsections (g) and (i) of this | ||
Section. The fee shall be
collected by the clerk of the | ||
circuit court. The clerk of the circuit
court shall pay | ||
all monies collected from this fee to the county |
treasurer
for deposit in the substance abuse services | ||
fund under Section 5-1086.1 of
the Counties Code; and
| ||
(v) for persons convicted of offenses other than | ||
those referenced in
clause (iv) above and who are | ||
placed on an approved monitoring device as a
condition | ||
of probation or conditional discharge, the court shall | ||
impose
a reasonable fee for each day of the use of the | ||
device, as established by the
county board in | ||
subsection (g) of this Section, unless after | ||
determining the
inability of the defendant to pay the | ||
fee, the court assesses a lesser fee or
no fee as the | ||
case may be. This fee shall be imposed in addition to | ||
the fees
imposed under subsections (g) and (i) of this | ||
Section. The fee
shall be collected by the clerk of the | ||
circuit court. The clerk of the circuit
court shall pay | ||
all monies collected from this fee
to the county | ||
treasurer who shall use the monies collected to defray | ||
the
costs of corrections. The county treasurer shall | ||
deposit the fee
collected in the probation and court | ||
services fund.
| ||
(11) comply with the terms and conditions of an order | ||
of protection issued
by the court pursuant to the Illinois | ||
Domestic Violence Act of 1986,
as now or hereafter amended, | ||
or an order of protection issued by the court of
another | ||
state, tribe, or United States territory. A copy of the | ||
order of
protection shall be
transmitted to the probation |
officer or agency
having responsibility for the case;
| ||
(12) reimburse any "local anti-crime program" as | ||
defined in Section 7
of the Anti-Crime Advisory Council Act | ||
for any reasonable expenses incurred
by the program on the | ||
offender's case, not to exceed the maximum amount of
the | ||
fine authorized for the offense for which the defendant was | ||
sentenced;
| ||
(13) contribute a reasonable sum of money, not to | ||
exceed the maximum
amount of the fine authorized for the
| ||
offense for which the defendant was sentenced, (i) to a | ||
"local anti-crime
program", as defined in Section 7 of the | ||
Anti-Crime Advisory Council Act, or (ii) for offenses under | ||
the jurisdiction of the Department of Natural Resources, to | ||
the fund established by the Department of Natural Resources | ||
for the purchase of evidence for investigation purposes and | ||
to conduct investigations as outlined in Section 805-105 of | ||
the Department of Natural Resources (Conservation) Law;
| ||
(14) refrain from entering into a designated | ||
geographic area except upon
such terms as the court finds | ||
appropriate. Such terms may include
consideration of the | ||
purpose of the entry, the time of day, other persons
| ||
accompanying the defendant, and advance approval by a
| ||
probation officer, if
the defendant has been placed on | ||
probation or advance approval by the
court, if the | ||
defendant was placed on conditional discharge;
| ||
(15) 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;
| ||
(16) refrain from having in his or her body the | ||
presence of any illicit
drug prohibited by the Cannabis | ||
Control Act, 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;
| ||
(17) if convicted for an offense committed on or after | ||
June 1, 2008 (the effective date of Public Act 95-464) that | ||
would qualify the accused as a child sex offender as | ||
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 , refrain from | ||
communicating with or contacting, by means of the Internet, | ||
a person who is related to the accused and whom the accused | ||
reasonably believes to be under 18 years of age; for | ||
purposes of this paragraph (17), "Internet" has the meaning | ||
ascribed to it in Section 16-0.1 of the Criminal Code of | ||
2012 1961 ; and a person is related to the accused if the | ||
person is: (i) the spouse, brother, or sister of the | ||
accused; (ii) a descendant of the accused; (iii) a first or | ||
second cousin of the accused; or (iv) a step-child or | ||
adopted child of the accused; | ||
(18) if convicted for an offense committed on or after |
June 1, 2009 (the effective date of Public Act 95-983) that | ||
would qualify as a sex offense as defined in the Sex | ||
Offender Registration Act: | ||
(i) not access or use a computer or any other | ||
device with Internet capability without the prior | ||
written approval of the offender's probation officer, | ||
except in connection with the offender's employment or | ||
search for employment with the prior approval of the | ||
offender's probation officer; | ||
(ii) submit to periodic unannounced examinations | ||
of the offender's computer or any other device with | ||
Internet capability by the offender's probation | ||
officer, a law enforcement officer, or assigned | ||
computer or information technology specialist, | ||
including the retrieval and copying of all data from | ||
the computer or device and any internal or external | ||
peripherals and removal of such information, | ||
equipment, or device to conduct a more thorough | ||
inspection; | ||
(iii) submit to the installation on the offender's | ||
computer or device with Internet capability, at the | ||
subject's expense, of one or more hardware or software | ||
systems to monitor the Internet use; and | ||
(iv) submit to any other appropriate restrictions | ||
concerning the offender's use of or access to a | ||
computer or any other device with Internet capability |
imposed by the offender's probation officer; and | ||
(19) refrain from possessing a firearm or other | ||
dangerous weapon where the offense is a misdemeanor that | ||
did not involve the intentional or knowing infliction of | ||
bodily harm or threat of bodily harm. | ||
(c) The court may as a condition of probation or of | ||
conditional
discharge require that a person under 18 years of | ||
age found guilty of any
alcohol, cannabis or controlled | ||
substance violation, refrain from acquiring
a driver's license | ||
during
the period of probation or conditional discharge. If | ||
such person
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.
| ||
(d) An offender sentenced to probation or to conditional | ||
discharge
shall be given a certificate setting forth the | ||
conditions thereof.
| ||
(e) Except where the offender has committed a fourth or | ||
subsequent
violation of subsection (c) of Section 6-303 of the | ||
Illinois Vehicle Code,
the court shall not require as a | ||
condition of the sentence of
probation or conditional discharge | ||
that the offender be committed to a
period of imprisonment in | ||
excess of 6 months.
This 6 month limit shall not include | ||
periods of confinement given pursuant to
a sentence of county | ||
impact incarceration under Section 5-8-1.2.
|
Persons committed to imprisonment as a condition of | ||
probation or
conditional discharge shall not be committed to | ||
the Department of
Corrections.
| ||
(f) The court may combine a sentence of periodic | ||
imprisonment under
Article 7 or a sentence to a county impact | ||
incarceration program under
Article 8 with a sentence of | ||
probation or conditional discharge.
| ||
(g) An offender sentenced to probation or to conditional | ||
discharge and
who during the term of either undergoes mandatory | ||
drug or alcohol testing,
or both, or is assigned to be placed | ||
on an approved electronic monitoring
device, shall be ordered | ||
to pay all costs incidental to such mandatory drug
or alcohol | ||
testing, or both, and all costs
incidental to such approved | ||
electronic monitoring in accordance with the
defendant's | ||
ability to pay those costs. The county board with
the | ||
concurrence of the Chief Judge of the judicial
circuit in which | ||
the county is located shall establish reasonable fees for
the | ||
cost of maintenance, testing, and incidental expenses related | ||
to the
mandatory drug or alcohol testing, or both, and all | ||
costs incidental to
approved electronic monitoring, involved | ||
in a successful probation program
for the county. The | ||
concurrence of the Chief Judge shall be in the form of
an | ||
administrative order.
The fees shall be collected by the clerk | ||
of the circuit court. The clerk of
the circuit court shall pay | ||
all moneys collected from these fees to the county
treasurer | ||
who shall use the moneys collected to defray the costs of
drug |
testing, alcohol testing, and electronic monitoring.
The | ||
county treasurer shall deposit the fees collected in the
county | ||
working cash fund under Section 6-27001 or Section 6-29002 of | ||
the
Counties Code, as the case may be.
| ||
(h) Jurisdiction over an offender may be transferred from | ||
the
sentencing court to the court of another circuit with the | ||
concurrence of
both courts. Further transfers or retransfers of
| ||
jurisdiction are also
authorized in the same manner. The court | ||
to which jurisdiction has been
transferred shall have the same | ||
powers as the sentencing court.
The probation department within | ||
the circuit to which jurisdiction has been transferred may | ||
impose probation fees upon receiving the transferred offender, | ||
as provided in subsection (i). The probation department from | ||
the original sentencing court shall retain all probation fees | ||
collected prior to the transfer.
| ||
(i) The court shall impose upon an offender
sentenced to | ||
probation after January 1, 1989 or to conditional discharge
| ||
after January 1, 1992 or to community service under the | ||
supervision of a
probation or court services department after | ||
January 1, 2004, as a condition of such probation or | ||
conditional
discharge or supervised community service, a fee of | ||
$50
for each month of probation or
conditional
discharge | ||
supervision or supervised community service ordered by the | ||
court, unless after
determining the inability of the person | ||
sentenced to probation or conditional
discharge or supervised | ||
community service to pay the
fee, the court assesses a lesser |
fee. The court may not impose the fee on a
minor who is made a | ||
ward of the State under the Juvenile Court Act of 1987
while | ||
the minor is in placement.
The fee shall be imposed only upon
| ||
an offender who is actively supervised by the
probation and | ||
court services
department. The fee shall be collected by the | ||
clerk
of the circuit court. The clerk of the circuit court | ||
shall pay all monies
collected from this fee to the county | ||
treasurer for deposit in the
probation and court services fund | ||
under Section 15.1 of the
Probation and Probation Officers Act.
| ||
A circuit court may not impose a probation fee under this | ||
subsection (i) in excess of $25
per month unless the circuit | ||
court has adopted, by administrative
order issued by the chief | ||
judge, a standard probation fee guide
determining an offender's | ||
ability to pay Of the
amount collected as a probation fee, up | ||
to $5 of that fee
collected per month may be used to provide | ||
services to crime victims
and their families. | ||
The Court may only waive probation fees based on an | ||
offender's ability to pay. The probation department may | ||
re-evaluate an offender's ability to pay every 6 months, and, | ||
with the approval of the Director of Court Services or the | ||
Chief Probation Officer, adjust the monthly fee amount. An | ||
offender may elect to pay probation fees due in a lump sum.
Any | ||
offender that has been assigned to the supervision of a | ||
probation department, or has been transferred either under | ||
subsection (h) of this Section or under any interstate compact, | ||
shall be required to pay probation fees to the department |
supervising the offender, based on the offender's ability to | ||
pay.
| ||
This amendatory Act of the 93rd General Assembly deletes | ||
the $10 increase in the fee under this subsection that was | ||
imposed by Public Act 93-616. This deletion is intended to | ||
control over any other Act of the 93rd General Assembly that | ||
retains or incorporates that fee increase. | ||
(i-5) In addition to the fees imposed under subsection (i) | ||
of this Section, in the case of an offender convicted of a | ||
felony sex offense (as defined in the Sex Offender Management | ||
Board Act) or an offense that the court or probation department | ||
has determined to be sexually motivated (as defined in the Sex | ||
Offender Management Board Act), the court or the probation | ||
department shall assess additional fees to pay for all costs of | ||
treatment, assessment, evaluation for risk and treatment, and | ||
monitoring the offender, based on that offender's ability to | ||
pay those costs either as they occur or under a payment plan. | ||
(j) All fines and costs imposed under this Section for any | ||
violation of
Chapters 3, 4, 6, and 11 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, shall be
collected and | ||
disbursed by the circuit clerk as provided under Section 27.5
| ||
of the Clerks of Courts Act.
| ||
(k) Any offender who is sentenced to probation or | ||
conditional discharge for a felony sex offense as defined in |
the Sex Offender Management Board Act or any offense that the | ||
court or probation department has determined to be sexually | ||
motivated as defined in the Sex Offender Management Board Act | ||
shall be required to refrain from any contact, directly or | ||
indirectly, with any persons specified by the court and shall | ||
be available for all evaluations and treatment programs | ||
required by the court or the probation department.
| ||
(l) The court may order an offender who is sentenced to | ||
probation or conditional
discharge for a violation of an order | ||
of protection be placed under electronic surveillance as | ||
provided in Section 5-8A-7 of this Code. | ||
(Source: P.A. 96-262, eff. 1-1-10; 96-328, eff. 8-11-09; | ||
96-362, eff. 1-1-10; 96-695, eff. 8-25-09; 96-1000, eff. | ||
7-2-10; 96-1414, eff. 1-1-11; 96-1551, Article 2, Section 1065, | ||
eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; | ||
97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597, eff. 1-1-12; | ||
97-1109, eff. 1-1-13; 97-1131, eff. 1-1-13.)
| ||
(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| ||
Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| ||
(a) When a defendant is placed on supervision, the court | ||
shall enter
an order for supervision specifying the period of | ||
such supervision, and
shall defer further proceedings in the | ||
case until the conclusion of the
period.
| ||
(b) The period of supervision shall be reasonable under all | ||
of the
circumstances of the case, but may not be longer than 2 |
years, unless the
defendant has failed to pay the assessment | ||
required by Section 10.3 of the
Cannabis Control Act,
Section | ||
411.2 of the Illinois Controlled
Substances Act, or Section 80 | ||
of the Methamphetamine Control and Community Protection Act, in | ||
which case the court may extend supervision beyond 2 years.
| ||
Additionally, the court shall order the defendant to perform no | ||
less than 30
hours of community service and not more than 120 | ||
hours of community service, if
community service is available | ||
in the
jurisdiction and is funded and approved by the county | ||
board where the offense
was committed,
when the offense (1) was
| ||
related to or in furtherance of the criminal activities of an | ||
organized gang or
was motivated by the defendant's membership | ||
in or allegiance to an organized
gang; or (2) is a violation of | ||
any Section of Article 24 of the Criminal
Code of 1961 or the | ||
Criminal Code of 2012 where a disposition of supervision is not | ||
prohibited by Section
5-6-1 of this Code.
The
community service | ||
shall include, but not be limited to, the cleanup and repair
of | ||
any damage caused by violation of Section 21-1.3 of the | ||
Criminal Code of
1961 or the Criminal Code of 2012 and similar | ||
damages to property located within the municipality or county
| ||
in which the violation occurred. Where possible and reasonable, | ||
the community
service should be performed in the offender'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.
|
(c) The court may in addition to other reasonable | ||
conditions
relating to the nature of the offense or the | ||
rehabilitation of the
defendant as determined for each | ||
defendant in the proper discretion of
the court require that | ||
the person:
| ||
(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 supervision;
| ||
(2) pay a fine and costs;
| ||
(3) work or pursue a course of study or vocational | ||
training;
| ||
(4) undergo medical, psychological or psychiatric | ||
treatment; or
treatment for drug addiction or alcoholism;
| ||
(5) attend or reside in a facility established for the | ||
instruction
or residence of defendants on probation;
| ||
(6) support his dependents;
| ||
(7) refrain from possessing a firearm or other | ||
dangerous weapon;
| ||
(8) and in addition, if a minor:
| ||
(i) reside with his parents or in a foster home;
| ||
(ii) attend school;
| ||
(iii) attend a non-residential program for youth;
| ||
(iv) contribute to his own support at home or in a | ||
foster home; or
| ||
(v) 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 is placed on supervision for a | ||
crime of violence as
defined in
Section 2 of the Crime | ||
Victims Compensation Act committed in a school, on the
| ||
real
property
comprising a school, or within 1,000 feet | ||
of the real property comprising a
school;
| ||
(9) make restitution or reparation in an amount not to | ||
exceed actual
loss or damage to property and pecuniary loss | ||
or make restitution under Section
5-5-6 to a domestic | ||
violence shelter. The court shall
determine the amount and | ||
conditions of payment;
| ||
(10) perform some reasonable public or community | ||
service;
| ||
(11) comply with the terms and conditions of an order | ||
of protection
issued by the court pursuant to the Illinois | ||
Domestic Violence Act of 1986 or
an order of protection | ||
issued by the court of another state, tribe, or United
| ||
States territory.
If the court has ordered the defendant to | ||
make a report and appear in
person under paragraph (1) of | ||
this subsection, a copy of the order of
protection shall be | ||
transmitted to the person or agency so designated
by the | ||
court;
| ||
(12) reimburse any "local anti-crime program" as | ||
defined in Section 7 of
the Anti-Crime Advisory Council Act | ||
for any reasonable expenses incurred by the
program on the |
offender's case, not to exceed the maximum amount of the
| ||
fine authorized for the offense for which the defendant was | ||
sentenced;
| ||
(13) contribute a reasonable sum of money, not to
| ||
exceed the maximum amount of the fine authorized for the | ||
offense for which
the defendant was sentenced, (i) to a | ||
"local anti-crime program", as defined
in Section 7 of the | ||
Anti-Crime Advisory Council Act, or (ii) for offenses under | ||
the jurisdiction of the Department of Natural Resources, to | ||
the fund established by the Department of Natural Resources | ||
for the purchase of evidence for investigation purposes and | ||
to conduct investigations as outlined in Section 805-105 of | ||
the Department of Natural Resources (Conservation) Law;
| ||
(14) refrain from entering into a designated | ||
geographic area except
upon such terms as the court finds | ||
appropriate. Such terms may include
consideration of the | ||
purpose of the entry, the time of day, other persons
| ||
accompanying the defendant, and advance approval by a | ||
probation officer;
| ||
(15) refrain from having any contact, directly or | ||
indirectly, with
certain specified persons or particular | ||
types of person, including but not
limited to members of | ||
street gangs and drug users or dealers;
| ||
(16) refrain from having in his or her body the | ||
presence of any illicit
drug prohibited by the Cannabis | ||
Control Act, 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;
| ||
(17) refrain from operating any motor vehicle not | ||
equipped with an
ignition interlock device as defined in | ||
Section 1-129.1 of the Illinois
Vehicle Code; under this | ||
condition the court may allow a defendant who is not
| ||
self-employed to operate a vehicle owned by the defendant's | ||
employer that is
not equipped with an ignition interlock | ||
device in the course and scope of the
defendant's | ||
employment; and
| ||
(18) if placed on supervision for a sex offense as | ||
defined in subsection (a-5) of Section 3-1-2 of this Code, | ||
unless the offender is a parent or guardian of the person | ||
under 18 years of age present in the home and no | ||
non-familial minors are present, not participate in a | ||
holiday event involving
children
under 18 years of age, | ||
such as distributing candy or other items to children on
| ||
Halloween,
wearing a Santa Claus costume on or preceding | ||
Christmas, being employed as a
department store Santa | ||
Claus, or wearing an Easter Bunny costume on or
preceding
| ||
Easter. | ||
(d) The court shall defer entering any judgment on the | ||
charges
until the conclusion of the supervision.
| ||
(e) At the conclusion of the period of supervision, if the |
court
determines that the defendant has successfully complied | ||
with all of the
conditions of supervision, the court shall | ||
discharge the defendant and
enter a judgment dismissing the | ||
charges.
| ||
(f) Discharge and dismissal upon a successful conclusion of | ||
a
disposition of supervision shall be deemed without | ||
adjudication of guilt
and shall not be termed a conviction for | ||
purposes of disqualification or
disabilities imposed by law | ||
upon conviction of a crime. Two years after the
discharge and | ||
dismissal under this Section, unless the disposition of
| ||
supervision was for a violation of Sections 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 | ||
Sections 12-3.2, 16-25,
or 16A-3 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012 , in which case it shall be 5
years | ||
after discharge and dismissal, a person may have his record
of | ||
arrest sealed or expunged as may be provided by law. However, | ||
any
defendant placed on supervision before January 1, 1980, may | ||
move for
sealing or expungement of his arrest record, as | ||
provided by law, at any
time after discharge and dismissal | ||
under this Section.
A person placed on supervision for a sexual | ||
offense committed against a minor
as defined in clause | ||
(a)(1)(L) of Section 5.2 of the Criminal Identification Act
or | ||
for a violation of Section 11-501 of the Illinois Vehicle Code | ||
or a
similar provision of a local ordinance
shall not have his | ||
or her record of arrest sealed or expunged.
|
(g) A defendant placed on supervision and who during the | ||
period of
supervision undergoes mandatory drug or alcohol | ||
testing, or both, or is
assigned to be placed on an approved | ||
electronic monitoring device, shall be
ordered to pay the costs | ||
incidental to such mandatory drug or alcohol
testing, or both, | ||
and costs incidental to such approved electronic
monitoring in | ||
accordance with the defendant's ability to pay those costs.
The | ||
county board with the concurrence of the Chief Judge of the | ||
judicial
circuit in which the county is located shall establish | ||
reasonable fees for
the cost of maintenance, testing, and | ||
incidental expenses related to the
mandatory drug or alcohol | ||
testing, or both, and all costs incidental to
approved | ||
electronic monitoring, of all defendants placed on | ||
supervision.
The concurrence of the Chief Judge shall be in the | ||
form of an
administrative order.
The fees shall be collected by | ||
the clerk of the circuit court. The clerk of
the circuit court | ||
shall pay all moneys collected from these fees to the county
| ||
treasurer who shall use the moneys collected to defray the | ||
costs of
drug testing, alcohol testing, and electronic | ||
monitoring.
The county treasurer shall deposit the fees | ||
collected in the
county working cash fund under Section 6-27001 | ||
or Section 6-29002 of the
Counties Code, as the case may be.
| ||
(h) A disposition of supervision is a final order for the | ||
purposes
of appeal.
| ||
(i) The court shall impose upon a defendant placed on | ||
supervision
after January 1, 1992 or to community service under |
the supervision of a
probation or court services department | ||
after January 1, 2004, as a condition
of supervision or | ||
supervised community service, a fee of $50 for
each month of | ||
supervision or supervised community service ordered by the
| ||
court, unless after
determining the inability of the person | ||
placed on supervision or supervised
community service to pay | ||
the
fee, the court assesses a lesser fee. The court may not | ||
impose the fee on a
minor who is made a ward of the State under | ||
the Juvenile Court Act of 1987
while the minor is in placement.
| ||
The fee shall be imposed only upon a
defendant who is actively | ||
supervised by the
probation and court services
department. The | ||
fee shall be collected by the clerk of the circuit court.
The | ||
clerk of the circuit court shall pay all monies collected from | ||
this fee
to the county treasurer for deposit in the probation | ||
and court services
fund pursuant to Section 15.1 of the | ||
Probation and
Probation Officers Act.
| ||
A circuit court may not impose a probation fee in excess of | ||
$25
per month unless the circuit court has adopted, by | ||
administrative
order issued by the chief judge, a standard | ||
probation fee guide
determining an offender's ability to pay. | ||
Of the
amount collected as a probation fee, not to exceed $5 of | ||
that fee
collected per month may be used to provide services to | ||
crime victims
and their families. | ||
The Court may only waive probation fees based on an | ||
offender's ability to pay. The probation department may | ||
re-evaluate an offender's ability to pay every 6 months, and, |
with the approval of the Director of Court Services or the | ||
Chief Probation Officer, adjust the monthly fee amount. An | ||
offender may elect to pay probation fees due in a lump sum.
Any | ||
offender that has been assigned to the supervision of a | ||
probation department, or has been transferred either under | ||
subsection (h) of this Section or under any interstate compact, | ||
shall be required to pay probation fees to the department | ||
supervising the offender, based on the offender's ability to | ||
pay.
| ||
(j) All fines and costs imposed under this Section for any
| ||
violation of Chapters 3, 4, 6, and 11 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, shall
be collected and | ||
disbursed by the circuit clerk as provided under Section
27.5 | ||
of the Clerks of Courts Act.
| ||
(k) A defendant at least 17 years of age who is placed on | ||
supervision
for a misdemeanor in a county of 3,000,000 or more | ||
inhabitants
and who has not been previously convicted of a | ||
misdemeanor or felony
may as a condition of his or her | ||
supervision be required by the court to
attend educational | ||
courses designed to prepare the defendant for a high school
| ||
diploma and to work toward a high school diploma or to work | ||
toward passing the
high school level Test of General | ||
Educational Development (GED) or to work
toward completing a | ||
vocational training program approved by the court. The
|
defendant placed on supervision must attend a public | ||
institution of education
to obtain the educational or | ||
vocational training required by this subsection
(k). The | ||
defendant placed on supervision shall be required to pay for | ||
the cost
of the educational courses or GED test, if a fee is | ||
charged for those courses
or test. The court shall revoke the | ||
supervision of a person who wilfully fails
to comply with this | ||
subsection (k). The court shall resentence the defendant
upon | ||
revocation of supervision as provided in Section 5-6-4. This | ||
subsection
(k) does not apply to a defendant who has a high | ||
school diploma or has
successfully passed the GED test. This | ||
subsection (k) does not apply to a
defendant who is determined | ||
by the court to be developmentally disabled or
otherwise | ||
mentally incapable of completing the
educational or vocational | ||
program.
| ||
(l) The court shall require a defendant placed on | ||
supervision for
possession of a substance
prohibited by the | ||
Cannabis Control Act, the Illinois Controlled Substances Act, | ||
or the Methamphetamine Control and Community Protection Act
| ||
after a previous conviction or disposition of supervision for | ||
possession of a
substance prohibited by the Cannabis Control | ||
Act, the Illinois Controlled
Substances Act, or the | ||
Methamphetamine Control and Community Protection Act or a | ||
sentence of probation under Section 10 of the Cannabis
Control | ||
Act or Section 410 of the Illinois Controlled Substances Act
| ||
and after a finding by the court that the person is addicted, |
to undergo
treatment at a substance abuse program approved by | ||
the court.
| ||
(m) The Secretary of State shall require anyone placed on | ||
court supervision
for a
violation of Section 3-707 of the | ||
Illinois Vehicle Code or a similar provision
of a local | ||
ordinance
to give proof of his or her financial
responsibility | ||
as
defined in Section 7-315 of the Illinois Vehicle Code. The | ||
proof shall be
maintained by the individual in a manner | ||
satisfactory to the Secretary of State
for
a
minimum period of | ||
3 years after the date the proof is first filed.
The proof | ||
shall be limited to a single action per arrest and may not be
| ||
affected by any post-sentence disposition. The Secretary of | ||
State shall
suspend the driver's license of any person
| ||
determined by the Secretary to be in violation of this | ||
subsection. | ||
(n) Any offender placed on supervision for any offense that | ||
the court or probation department has determined to be sexually | ||
motivated as defined in the Sex Offender Management Board Act | ||
shall be required to refrain from any contact, directly or | ||
indirectly, with any persons specified by the court and shall | ||
be available for all evaluations and treatment programs | ||
required by the court or the probation department.
| ||
(o) An offender placed on supervision for a sex offense as | ||
defined in the Sex Offender
Management Board Act shall refrain | ||
from residing at the same address or in the same condominium | ||
unit or apartment unit or in the same condominium complex or |
apartment complex with another person he or she knows or | ||
reasonably should know is a convicted sex offender or has been | ||
placed on supervision for a sex offense. The provisions of this | ||
subsection (o) do not apply to a person convicted of a sex | ||
offense who is placed in a Department of Corrections licensed | ||
transitional housing facility for sex offenders. | ||
(p) An offender placed on supervision for an offense | ||
committed on or after June 1, 2008
(the effective date of | ||
Public Act 95-464)
that would qualify the accused as a child | ||
sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 shall | ||
refrain from communicating with or contacting, by means of the | ||
Internet, a person who is not related to the accused and whom | ||
the accused reasonably believes to be under 18 years of age. | ||
For purposes of this subsection (p), "Internet" has the meaning | ||
ascribed to it in Section 16-0.1 of the Criminal Code of 2012 | ||
1961 ; and a person is not related to the accused if the person | ||
is not: (i) the spouse, brother, or sister of the accused; (ii) | ||
a descendant of the accused; (iii) a first or second cousin of | ||
the accused; or (iv) a step-child or adopted child of the | ||
accused.
| ||
(q) An offender placed on supervision for an offense | ||
committed on or after June 1, 2008
(the effective date of | ||
Public Act 95-464)
that would qualify the accused as a child | ||
sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 shall, if so |
ordered by the court, refrain from communicating with or | ||
contacting, by means of the Internet, a person who is related | ||
to the accused and whom the accused reasonably believes to be | ||
under 18 years of age. For purposes of this subsection (q), | ||
"Internet" has the meaning ascribed to it in Section 16-0.1 of | ||
the Criminal Code of 2012 1961 ; and a person is related to the | ||
accused if the person is: (i) the spouse, brother, or sister of | ||
the accused; (ii) a descendant of the accused; (iii) a first or | ||
second cousin of the accused; or (iv) a step-child or adopted | ||
child of the accused.
| ||
(r) An offender placed on supervision for an offense under | ||
Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a | ||
juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or | ||
11-21 of the Criminal Code of 1961 or the Criminal Code of | ||
2012 , or any attempt to commit any of these offenses, committed | ||
on or after the effective date of this amendatory Act of the | ||
95th General Assembly shall: | ||
(i) not access or use a computer or any other device | ||
with Internet capability without the prior written | ||
approval of the court, except in connection with the | ||
offender's employment or search for employment with the | ||
prior approval of the court; | ||
(ii) submit to periodic unannounced examinations of | ||
the offender's computer or any other device with Internet | ||
capability by the offender's probation officer, a law | ||
enforcement officer, or assigned computer or information |
technology specialist, including the retrieval and copying | ||
of all data from the computer or device and any internal or | ||
external peripherals and removal of such information, | ||
equipment, or device to conduct a more thorough inspection; | ||
(iii) submit to the installation on the offender's | ||
computer or device with Internet capability, at the | ||
offender's expense, of one or more hardware or software | ||
systems to monitor the Internet use; and | ||
(iv) submit to any other appropriate restrictions | ||
concerning the offender's use of or access to a computer or | ||
any other device with Internet capability imposed by the | ||
court. | ||
(s) An offender placed on supervision for an offense that | ||
is a sex offense as defined in Section 2 of the Sex Offender | ||
Registration Act that is committed on or after January 1, 2010 | ||
(the effective date of Public Act 96-362) that requires the | ||
person to register as a sex offender under that Act, may not | ||
knowingly use any computer scrub software on any computer that | ||
the sex offender uses. | ||
(t) An offender placed on supervision for a sex offense as | ||
defined in the Sex Offender
Registration Act committed on or | ||
after January 1, 2010 (the effective date of Public Act 96-262) | ||
shall refrain from accessing or using a social networking | ||
website as defined in Section 17-0.5 of the Criminal Code of | ||
2012 1961 . | ||
(u) Jurisdiction over an offender may be transferred from |
the sentencing court to the court of another circuit with the | ||
concurrence of both courts. Further transfers or retransfers of | ||
jurisdiction are also authorized in the same manner. The court | ||
to which jurisdiction has been transferred shall have the same | ||
powers as the sentencing court. The probation department within | ||
the circuit to which jurisdiction has been transferred may | ||
impose probation fees upon receiving the transferred offender, | ||
as provided in subsection (i). The probation department from | ||
the original sentencing court shall retain all probation fees | ||
collected prior to the transfer. | ||
(Source: P.A. 96-262, eff. 1-1-10; 96-362, eff. 1-1-10; 96-409, | ||
eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11; | ||
96-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551, Article | ||
10, Section 10-150, eff. 7-1-11; 97-454, eff. 1-1-12; 97-597, | ||
eff. 1-1-12; 97-1109, eff. 1-1-13.)
| ||
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| ||
Sec. 5-8-1. Natural life imprisonment; enhancements for | ||
use of a firearm; mandatory supervised release terms.
| ||
(a) Except as otherwise provided in the statute defining | ||
the offense or in Article 4.5 of Chapter V, a
sentence of | ||
imprisonment for a felony shall be a determinate sentence set | ||
by
the court under this Section, according to the following | ||
limitations:
| ||
(1) for first degree murder,
| ||
(a) (blank),
|
(b) if a trier of fact finds beyond a reasonable
| ||
doubt that the murder was accompanied by exceptionally
| ||
brutal or heinous behavior indicative of wanton | ||
cruelty or, except as set forth
in subsection (a)(1)(c) | ||
of this Section, that any of the aggravating factors
| ||
listed in subsection (b) or (b-5) of Section 9-1 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 are
| ||
present, the court may sentence the defendant to a term | ||
of natural life
imprisonment, or
| ||
(c) the court shall sentence the defendant to a | ||
term of natural life
imprisonment when the death | ||
penalty is not imposed if the defendant,
| ||
(i) has previously been convicted of first | ||
degree murder under
any state or federal law, or
| ||
(ii) is a person who, at the time of the | ||
commission of the murder,
had attained the age of | ||
17 or more and is found guilty of murdering an
| ||
individual under 12 years of age; or, irrespective | ||
of the defendant's age at
the time of the | ||
commission of the offense, is found guilty of | ||
murdering more
than one victim, or
| ||
(iii) is found guilty of murdering a peace | ||
officer, fireman, or emergency management worker | ||
when
the peace officer, fireman, or emergency | ||
management worker was killed in the course of | ||
performing his
official duties, or to prevent the |
peace officer or fireman from
performing his | ||
official duties, or in retaliation for the peace | ||
officer,
fireman, or emergency management worker | ||
from performing his official duties, and the | ||
defendant knew or should
have known that the | ||
murdered individual was a peace officer, fireman, | ||
or emergency management worker, or
| ||
(iv) is found guilty of murdering an employee | ||
of an institution or
facility of the Department of | ||
Corrections, or any similar local
correctional | ||
agency, when the employee was killed in the course | ||
of
performing his official duties, or to prevent | ||
the employee from performing
his official duties, | ||
or in retaliation for the employee performing his
| ||
official duties, or
| ||
(v) is found guilty of murdering an emergency | ||
medical
technician - ambulance, emergency medical | ||
technician - intermediate, emergency
medical | ||
technician - paramedic, ambulance driver or other | ||
medical assistance or
first aid person while | ||
employed by a municipality or other governmental | ||
unit
when the person was killed in the course of | ||
performing official duties or
to prevent the | ||
person from performing official duties or in | ||
retaliation
for performing official duties and the | ||
defendant knew or should have known
that the |
murdered individual was an emergency medical | ||
technician - ambulance,
emergency medical | ||
technician - intermediate, emergency medical
| ||
technician - paramedic, ambulance driver, or other | ||
medical
assistant or first aid personnel, or
| ||
(vi) is a person who, at the time of the | ||
commission of the murder,
had not attained the age | ||
of 17, and is found guilty of murdering a person | ||
under
12 years of age and the murder is committed | ||
during the course of aggravated
criminal sexual | ||
assault, criminal sexual assault, or aggravated | ||
kidnaping,
or
| ||
(vii) is found guilty of first degree murder | ||
and the murder was
committed by reason of any | ||
person's activity as a community policing | ||
volunteer
or to prevent any person from engaging in | ||
activity as a community policing
volunteer. For | ||
the purpose of this Section, "community policing | ||
volunteer"
has the meaning ascribed to it in | ||
Section 2-3.5 of the Criminal Code of 2012 1961 .
| ||
For purposes of clause (v), "emergency medical | ||
technician - ambulance",
"emergency medical technician - | ||
intermediate", "emergency medical technician -
| ||
paramedic", have the meanings ascribed to them in the | ||
Emergency Medical
Services (EMS) Systems Act.
| ||
(d) (i) if the person committed the offense while |
armed with a
firearm, 15 years shall be added to | ||
the term of imprisonment imposed by the
court;
| ||
(ii) if, during the commission of the offense, | ||
the person
personally discharged a firearm, 20 | ||
years shall be added to the term of
imprisonment | ||
imposed by the court;
| ||
(iii) if, during the commission of the | ||
offense, the person
personally discharged a | ||
firearm that proximately caused great bodily harm,
| ||
permanent disability, permanent disfigurement, or | ||
death to another person, 25
years or up to a term | ||
of natural life shall be added to the term of
| ||
imprisonment imposed by the court.
| ||
(2) (blank);
| ||
(2.5) for a person convicted under the circumstances | ||
described in subdivision (b)(1)(B) of Section 11-1.20 or
| ||
paragraph (3) of subsection (b) of Section 12-13, | ||
subdivision (d)(2) of Section 11-1.30 or paragraph (2) of | ||
subsection
(d) of Section 12-14, subdivision (b)(1.2) of | ||
Section 11-1.40 or paragraph (1.2) of subsection (b) of
| ||
Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or | ||
paragraph (2) of subsection (b) of Section 12-14.1
of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 , the | ||
sentence shall be a term of natural life
imprisonment.
| ||
(b) (Blank).
| ||
(c) (Blank).
|
(d) Subject to
earlier termination under Section 3-3-8, the | ||
parole or mandatory
supervised release term shall be written as | ||
part of the sentencing order and shall be as follows:
| ||
(1) for first degree murder or a Class X felony except | ||
for the offenses of predatory criminal sexual assault of a | ||
child, aggravated criminal sexual assault, and criminal | ||
sexual assault if committed on or after the effective date | ||
of this amendatory Act of the 94th General Assembly and | ||
except for the offense of aggravated child pornography | ||
under Section 11-20.1B , or 11-20.3 , or 11-20.1 with | ||
sentencing under subsection (c-5) of Section 11-20.1 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 , if | ||
committed on or after January 1, 2009, 3 years;
| ||
(2) for a Class 1 felony or a Class 2 felony except for | ||
the offense of criminal sexual assault if committed on or | ||
after the effective date of this amendatory Act of the 94th | ||
General Assembly and except for the offenses of manufacture | ||
and dissemination of child pornography under clauses | ||
(a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | ||
of 1961 or the Criminal Code of 2012 , if committed on or | ||
after January 1, 2009, 2 years;
| ||
(3) for a Class 3 felony or a Class 4 felony, 1 year;
| ||
(4) for defendants who commit the offense of predatory | ||
criminal sexual assault of a child, aggravated criminal | ||
sexual assault, or criminal sexual assault, on or after the | ||
effective date of this amendatory Act of the 94th General |
Assembly, or who commit the offense of aggravated child | ||
pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | ||
with sentencing under subsection (c-5) of Section 11-20.1 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012 , | ||
manufacture of child pornography, or dissemination of | ||
child pornography after January 1, 2009, the term of | ||
mandatory supervised release shall range from a minimum of | ||
3 years to a maximum of the natural life of the defendant;
| ||
(5) if the victim is under 18 years of age, for a | ||
second or subsequent
offense of aggravated criminal sexual | ||
abuse or felony criminal sexual abuse,
4 years, at least | ||
the first 2 years of which the defendant shall serve in an
| ||
electronic home detention program under Article 8A of | ||
Chapter V of this Code;
| ||
(6) for a felony domestic battery, aggravated domestic | ||
battery, stalking, aggravated stalking, and a felony | ||
violation of an order of protection, 4 years. | ||
(e) (Blank).
| ||
(f) (Blank).
| ||
(Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; | ||
96-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff. | ||
7-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109, | ||
eff. 1-1-13.)
| ||
(730 ILCS 5/5-8-1.2)
| ||
Sec. 5-8-1.2. County impact incarceration.
|
(a) Legislative intent. It is the finding of the General | ||
Assembly that
certain non-violent offenders eligible for | ||
sentences of incarceration may
benefit from the rehabilitative | ||
aspects of a county impact incarceration
program. It is the | ||
intent of the General Assembly that such programs be
| ||
implemented as provided by this Section. This Section shall not | ||
be construed
to allow violent offenders to participate in a | ||
county impact incarceration
program.
| ||
(b) Under the direction of the Sheriff and with the | ||
approval of the County
Board of Commissioners, the Sheriff, in | ||
any county with more than 3,000,000
inhabitants, may establish | ||
and operate a county impact incarceration program
for eligible | ||
offenders. If the court finds under Section 5-4-1 that an
| ||
offender convicted of a felony meets the eligibility | ||
requirements of the
Sheriff's county impact incarceration | ||
program, the court may sentence the
offender to the county | ||
impact incarceration program. The Sheriff shall be
responsible | ||
for monitoring all offenders who are sentenced to the county | ||
impact
incarceration program, including the mandatory period | ||
of monitored release
following the 120 to 180 days of impact | ||
incarceration.
Offenders assigned to the county impact | ||
incarceration program under an
intergovernmental agreement | ||
between the county and the Illinois Department of
Corrections | ||
are exempt from the provisions of this mandatory period of
| ||
monitored
release.
In the event the
offender is not accepted | ||
for placement in the county impact incarceration
program, the |
court shall proceed to sentence the offender to any other
| ||
disposition authorized by this Code.
If the offender does not | ||
successfully
complete the program, the offender's failure to do | ||
so shall constitute a
violation of the sentence to the county | ||
impact incarceration program.
| ||
(c) In order to be eligible to be sentenced to a county | ||
impact incarceration
program by the court, the person shall | ||
meet all of the following requirements:
| ||
(1) the person must be not less than 17 years of age | ||
nor more than 35
years of age;
| ||
(2) The person has not previously participated in the | ||
impact incarceration
program and has not previously served | ||
more than one prior sentence of
imprisonment for a felony | ||
in an adult correctional facility;
| ||
(3) The person has not been convicted of a Class X | ||
felony, first or second
degree murder, armed violence, | ||
aggravated kidnapping, criminal sexual assault,
aggravated | ||
criminal sexual abuse or a subsequent conviction for | ||
criminal sexual
abuse, forcible detention, or arson and has | ||
not been convicted previously of
any of those offenses.
| ||
(4) The person has been found in violation of probation | ||
for an offense
that is a Class 2, 3, or 4 felony that is not | ||
a forcible felony as defined in
Section 2-8 of the Criminal | ||
Code of 2012 1961 or a violent crime as defined in
| ||
subsection (c) of Section 3 of the Rights of Crime Victims | ||
and Witnesses Act
who
otherwise could be sentenced to a |
term of incarceration; or the person is
convicted of an | ||
offense that is a Class 2, 3, or 4 felony that is not a
| ||
forcible felony as defined in Section 2-8 of the Criminal | ||
Code of 2012 1961 or a
violent crime as defined in | ||
subsection (c) of Section 3 of the Rights of Crime
Victims | ||
and Witnesses Act who has previously served a sentence of | ||
probation for
any felony offense and who otherwise could be | ||
sentenced to a term of
incarceration.
| ||
(5) The person must be physically able to participate | ||
in strenuous
physical
activities or labor.
| ||
(6) The person must not have any mental disorder or | ||
disability that would
prevent participation in a county | ||
impact incarceration program.
| ||
(7) The person was recommended and approved for | ||
placement in the county
impact incarceration program by the | ||
Sheriff and consented in writing to
participation in the | ||
county impact incarceration program and to the terms and
| ||
conditions of the program. The Sheriff may consider, among | ||
other matters,
whether the
person has any outstanding | ||
detainers or warrants, whether the person has a
history of | ||
escaping or absconding, whether participation in the
| ||
county impact incarceration program may pose
a risk to the | ||
safety or security of any person and whether space is
| ||
available.
| ||
(c) The county impact incarceration program shall include, | ||
among other
matters, mandatory physical training and labor, |
military formation and drills,
regimented activities, | ||
uniformity of dress and appearance, education and
counseling, | ||
including drug counseling where appropriate.
| ||
(d) Privileges including visitation, commissary, receipt | ||
and retention of
property and publications and access to | ||
television, radio, and a library may be
suspended or | ||
restricted, notwithstanding provisions to the contrary in this
| ||
Code.
| ||
(e) The Sheriff shall issue written rules and requirements | ||
for the program.
Persons shall be informed of rules of behavior | ||
and conduct. Persons
participating in the county impact | ||
incarceration program shall adhere to all
rules and all | ||
requirements of the program.
| ||
(f) Participation in the county impact incarceration | ||
program shall be for a
period of 120 to 180 days followed by a | ||
mandatory term of monitored release
for at least 8 months and | ||
no more than 12 months supervised by the Sheriff.
The period of | ||
time a person shall serve in the impact incarceration program
| ||
shall not be reduced by the accumulation of good time. The | ||
court may also
sentence the person to a period of probation to | ||
commence at the successful
completion of the county impact | ||
incarceration program.
| ||
(g) If the person successfully completes the county impact | ||
incarceration
program, the Sheriff shall certify the person's | ||
successful completion of the
program to the court and to the | ||
county's State's Attorney. Upon successful
completion of the |
county impact incarceration program and mandatory
term of | ||
monitored release and if there is an additional period of | ||
probation
given, the person shall at that time begin his or her | ||
probationary sentence
under the supervision of the Adult | ||
Probation Department.
| ||
(h) A person may be removed from the county impact | ||
incarceration program for
a violation of the terms or
| ||
conditions of the program or in the event he or she is for any | ||
reason unable to
participate. The failure to complete the | ||
program for any reason, including the
8 to 12 month monitored | ||
release period, shall be deemed a violation of the
county | ||
impact incarceration sentence. The Sheriff shall give notice to | ||
the
State's Attorney of the person's failure to complete the | ||
program. The Sheriff
shall file a petition for violation of the | ||
county impact incarceration sentence
with the court and the | ||
State's Attorney may proceed on the petition under
Section | ||
5-6-4 of this Code. The Sheriff shall promulgate rules and | ||
regulations
governing conduct which could result in removal | ||
from the program or in a
determination that the person has not | ||
successfully completed the program.
| ||
The mandatory conditions of every county impact | ||
incarceration sentence
shall
include that the person either | ||
while in the program or during the period of
monitored release:
| ||
(1) not violate any criminal statute of any | ||
jurisdiction;
| ||
(2) report or appear in person before any such person |
or agency as
directed by the court or the Sheriff;
| ||
(3) refrain from possessing a firearm or other | ||
dangerous weapon;
| ||
(4) not leave the State without the consent of the | ||
court or, in
circumstances in which the reason for the | ||
absence is of such an emergency
nature that prior consent | ||
by the court is not possible, without the prior
| ||
notification and approval of the Sheriff; and
| ||
(5) permit representatives of the Sheriff to visit at | ||
the person's home or
elsewhere to the extent necessary for | ||
the Sheriff to monitor compliance with
the program. Persons | ||
shall have access to such rules, which shall provide that
a | ||
person shall receive notice of any such violation.
| ||
(i) The Sheriff may terminate the county impact | ||
incarceration program at
any time.
| ||
(j) The Sheriff shall report to the county board on or | ||
before September
30th of each year on the county impact | ||
incarceration program, including the
composition of the | ||
program by the offenders, by county of commitment, sentence,
| ||
age, offense, and race.
| ||
(Source: P.A. 89-587, eff. 7-31-96.)
| ||
(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
| ||
Sec. 5-8-4. Concurrent and consecutive terms of | ||
imprisonment.
| ||
(a) Concurrent terms; multiple or additional sentences. |
When an Illinois court (i) imposes multiple sentences of | ||
imprisonment on a defendant at the same time or (ii) imposes a | ||
sentence of imprisonment on a defendant who is already subject | ||
to a sentence of imprisonment imposed by an Illinois court, a | ||
court of another state, or a federal court, then the sentences | ||
shall run concurrently unless otherwise determined by the | ||
Illinois court under this Section. | ||
(b) Concurrent terms; misdemeanor and felony. A defendant | ||
serving a sentence for a
misdemeanor who is convicted of a | ||
felony and sentenced to imprisonment shall be transferred to | ||
the Department of Corrections, and the misdemeanor sentence | ||
shall be merged in and run concurrently with the felony | ||
sentence. | ||
(c) Consecutive terms; permissive. The court may impose | ||
consecutive sentences in any of the following circumstances: | ||
(1) If, having regard to the nature and circumstances | ||
of the offense and the history
and character of the | ||
defendant, it is the opinion of the court that consecutive | ||
sentences are
required to protect the public from further | ||
criminal conduct by the defendant, the basis for which the | ||
court shall set forth in the record. | ||
(2) If one of the offenses for which a defendant was | ||
convicted was a violation of
Section 32-5.2 (aggravated | ||
false personation of a peace officer) of the Criminal Code | ||
of 1961
(720 ILCS 5/32-5.2) or a violation of subdivision | ||
(b)(5) or (b)(6) of Section 17-2 of the Criminal Code of |
1961 or the Criminal Code of 2012 that Code (720 ILCS | ||
5/17-2) and the offense was committed in attempting or | ||
committing a forcible felony.
| ||
(d) Consecutive terms; mandatory. The court shall impose | ||
consecutive sentences in each of the following circumstances: | ||
(1) One of the offenses for which the defendant was | ||
convicted was first degree
murder or a Class X or Class 1 | ||
felony and the defendant inflicted severe bodily injury. | ||
(2) The defendant was convicted of a violation of | ||
Section 11-20.1 (child pornography), 11-20.1B or 11-20.3 | ||
(aggravated child pornography), 11-1.20 or 12-13 (criminal | ||
sexual
assault), 11-1.30 or 12-14 (aggravated criminal | ||
sexual assault), or 11-1.40 or 12-14.1 (predatory criminal | ||
sexual assault of a child) of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, | ||
5/11-20.3, 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, | ||
5/11-1.40, or 5/12-14.1). | ||
(3) The defendant was convicted of armed violence based | ||
upon the predicate
offense of any of the following: | ||
solicitation of murder, solicitation of murder for hire, | ||
heinous battery as described in Section 12-4.1 or | ||
subdivision (a)(2) of Section 12-3.05, aggravated battery | ||
of a senior citizen as described in Section 12-4.6 or | ||
subdivision (a)(4) of Section 12-3.05, criminal sexual | ||
assault, a violation of subsection (g) of Section 5 of the | ||
Cannabis Control Act (720 ILCS 550/5), cannabis |
trafficking, a violation of subsection (a) of Section 401 | ||
of the Illinois Controlled Substances Act (720 ILCS | ||
570/401), controlled substance trafficking involving a | ||
Class X felony amount of controlled substance under Section | ||
401 of the Illinois Controlled Substances Act (720 ILCS | ||
570/401), a violation of the Methamphetamine Control and | ||
Community Protection Act (720 ILCS 646/), calculated | ||
criminal drug conspiracy, or streetgang criminal drug | ||
conspiracy. | ||
(4) The defendant was convicted of the offense of | ||
leaving the scene of a motor
vehicle accident involving | ||
death or personal injuries under Section 11-401 of the | ||
Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A) | ||
aggravated driving under the influence of alcohol, other | ||
drug or drugs, or intoxicating compound or compounds, or | ||
any combination thereof under Section 11-501 of the | ||
Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless | ||
homicide under Section 9-3 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an | ||
offense described in item (A) and an offense described in | ||
item (B). | ||
(5) The defendant was convicted of a violation of | ||
Section 9-3.1 or Section 9-3.4 (concealment of homicidal | ||
death) or Section 12-20.5 (dismembering a human body) of | ||
the Criminal Code of 1961 or the Criminal Code of 2012 (720 | ||
ILCS 5/9-3.1 or 5/12-20.5). |
(5.5) The defendant was convicted of a violation of | ||
Section 24-3.7 (use of a stolen firearm in the commission | ||
of an offense) of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 . | ||
(6) If the defendant was in the custody of the | ||
Department of Corrections at the
time of the commission of | ||
the offense, the sentence shall be served consecutive to | ||
the sentence under which the defendant is held by the | ||
Department of Corrections. If, however, the defendant is | ||
sentenced to punishment by death, the sentence shall be | ||
executed at such time as the court may fix without regard | ||
to the sentence under which the defendant may be held by | ||
the Department. | ||
(7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) | ||
for escape or attempted escape shall be served
consecutive | ||
to the terms under which the offender is held by the | ||
Department of Corrections. | ||
(8) If a person charged with a felony commits a | ||
separate felony while on pretrial
release or in pretrial | ||
detention in a county jail facility or county detention | ||
facility, then the sentences imposed upon conviction of | ||
these felonies shall be served consecutively regardless of | ||
the order in which the judgments of conviction are entered. | ||
(8.5) If a person commits a battery against a county | ||
correctional officer or sheriff's employee while serving a | ||
sentence or in pretrial detention in a county jail |
facility, then the sentence imposed upon conviction of the | ||
battery shall be served consecutively with the sentence | ||
imposed upon conviction of the earlier misdemeanor or | ||
felony, regardless of the order in which the
judgments of | ||
conviction are entered. | ||
(9) If a person admitted to bail following conviction | ||
of a felony commits a
separate felony while free on bond or | ||
if a person detained in a county jail facility or county | ||
detention facility following conviction of a felony | ||
commits a separate felony while in detention, then any | ||
sentence following conviction of the separate felony shall | ||
be consecutive to that of the original sentence for which | ||
the defendant was on bond or detained.
| ||
(10) If a person is found to be in possession of an | ||
item of contraband, as defined in Section 31A-0.1 of the | ||
Criminal Code of 2012 1961 , while serving a sentence in a | ||
county jail or while in pre-trial detention in a county | ||
jail, the sentence imposed upon conviction for the offense | ||
of possessing contraband in a penal institution shall be | ||
served consecutively to the sentence imposed for the | ||
offense in which the person is serving sentence in the | ||
county jail or serving pretrial detention, regardless of | ||
the order in which the judgments of conviction are entered. | ||
(11) If a person is sentenced for a violation of bail | ||
bond under Section 32-10 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 , any sentence imposed for that |
violation shall be served
consecutive to the sentence | ||
imposed for the charge for which bail had been
granted and | ||
with respect to which the defendant has been convicted. | ||
(e) Consecutive terms; subsequent non-Illinois term. If an | ||
Illinois court has imposed a
sentence of imprisonment on a | ||
defendant and the defendant is subsequently sentenced to a term | ||
of imprisonment by a court of another state or a federal court, | ||
then the Illinois sentence shall run consecutively to the | ||
sentence imposed by the court of the other state or the federal | ||
court. That same Illinois court, however, may order that the | ||
Illinois sentence run concurrently with the sentence imposed by | ||
the court of the other state or the federal court, but only if | ||
the defendant applies to that same Illinois court within 30 | ||
days after the sentence imposed by the court of the other state | ||
or the federal court is finalized. | ||
(f) Consecutive terms; aggregate maximums and minimums. | ||
The aggregate maximum
and aggregate minimum of consecutive | ||
sentences shall be determined as follows: | ||
(1) For sentences imposed under law in effect prior to | ||
February 1, 1978, the
aggregate maximum of consecutive | ||
sentences shall not exceed the maximum term authorized | ||
under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of | ||
Chapter V for the 2 most serious felonies involved. The | ||
aggregate minimum period of consecutive sentences shall | ||
not exceed the highest minimum term authorized under | ||
Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter |
V for the 2 most serious felonies involved. When sentenced | ||
only for misdemeanors, a defendant shall not be | ||
consecutively sentenced to more than the maximum for one | ||
Class A misdemeanor. | ||
(2) For sentences imposed under the law in effect on or | ||
after February 1, 1978,
the aggregate of consecutive | ||
sentences for offenses that were committed as part of a | ||
single
course of conduct during which there was no | ||
substantial change in the nature of the criminal objective | ||
shall not exceed the sum of the maximum terms authorized | ||
under Article 4.5 of Chapter V for the 2 most serious | ||
felonies involved, but no such limitation shall apply for | ||
offenses that were not committed as part of a single course | ||
of conduct during which there was no substantial change in | ||
the nature of the criminal objective. When sentenced only | ||
for misdemeanors, a defendant shall not be consecutively | ||
sentenced to more than the maximum for one Class A | ||
misdemeanor.
| ||
(g) Consecutive terms; manner served. In determining the | ||
manner in which consecutive sentences of imprisonment, one or | ||
more of which is for a felony, will be served, the Department | ||
of Corrections shall treat the defendant as though he or she | ||
had been committed for a single term subject to each of the | ||
following: | ||
(1) The maximum period of a term of imprisonment shall | ||
consist of the aggregate
of the maximums of the imposed |
indeterminate terms, if any, plus the aggregate of the | ||
imposed determinate sentences for felonies, plus the | ||
aggregate of the imposed determinate sentences for | ||
misdemeanors, subject to subsection (f) of this Section. | ||
(2) The parole or mandatory supervised release term | ||
shall be as provided in
paragraph (e) of Section 5-4.5-50 | ||
(730 ILCS 5/5-4.5-50) for the most serious of the offenses | ||
involved. | ||
(3) The minimum period of imprisonment shall be the | ||
aggregate of the minimum
and determinate periods of | ||
imprisonment imposed by the court, subject to subsection | ||
(f) of this Section. | ||
(4) The defendant shall be awarded credit against the | ||
aggregate maximum term
and the aggregate minimum term of | ||
imprisonment for all time served in an institution since | ||
the commission of the offense or offenses and as a | ||
consequence thereof at the rate specified in
Section 3-6-3 | ||
(730 ILCS 5/3-6-3).
| ||
(Source: P.A. 96-190, eff. 1-1-10; 96-1000, eff. 7-2-10; | ||
96-1200, eff. 7-22-10; 96-1551, Article 1, Section 970, eff. | ||
7-1-11; 96-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551, | ||
Article 10, Section 10-150, eff. 7-1-11; 97-475, eff. 8-22-11; | ||
97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13.) | ||
(730 ILCS 5/5-8A-6)
| ||
Sec. 5-8A-6. Electronic monitoring of certain sex |
offenders. For a sexual predator subject to electronic home | ||
monitoring under paragraph (7.7) of subsection (a) of Section | ||
3-3-7, the Department of Corrections must use a system that | ||
actively monitors and identifies the offender's current | ||
location and timely reports or records the offender's presence | ||
and that alerts the Department of the offender's presence | ||
within a prohibited area described in Section Sections 11-9.3 | ||
and 11-9.4 of the Criminal Code of 2012 1961 , in a court order, | ||
or as a condition of the offender's parole, mandatory | ||
supervised release, or extended mandatory supervised release | ||
and the offender's departure from specified geographic | ||
limitations. To the extent that he or she is able to do so, | ||
which the Department of Corrections by rule shall determine, | ||
the offender must pay for the cost of the electronic home | ||
monitoring.
| ||
(Source: P.A. 94-988, eff. 1-1-07; 95-640, eff. 6-1-08 .)
| ||
(730 ILCS 5/5-9-1.3) (from Ch. 38, par. 1005-9-1.3)
| ||
Sec. 5-9-1.3.
Fines for offenses involving theft, | ||
deceptive practices, and
offenses against units of local | ||
government or school districts.
| ||
(a) When a person
has been adjudged guilty of a felony | ||
under
Section 16-1, 16D-3, 16D-4, 16D-5, 16D-5.5, or 17-1 , | ||
17-50, 17-51, 17-52, 17-52.5, or subsection (a) of Section | ||
17-32 of the Criminal Code of 1961 or the Criminal Code of | ||
2012 , a fine may be
levied by the court in an amount which is |
the greater of $25,000 or twice
the value of the property which | ||
is the subject of the offense.
| ||
(b) When a person has been convicted of a felony under | ||
Section 16-1 of the
Criminal Code of 1961 or the Criminal Code | ||
of 2012 and the theft was committed upon any unit of local
| ||
government or school district, or
the person has been convicted | ||
of any violation of Sections 33C-1 through 33C-4
or Sections | ||
33E-3 through 33E-18, or subsection (a), (b), (c), or (d) of | ||
Section 17-10.3, of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 , a fine may be
levied by the
court in an amount | ||
that is the greater of $25,000 or treble the value of the
| ||
property which is the subject of the offense or loss to the | ||
unit of local
government or school district.
| ||
(c) All fines imposed under subsection (b) of this Section | ||
shall be
distributed as follows:
| ||
(1) An amount equal to 30% shall be distributed to the | ||
unit of local
government or school district
that was the | ||
victim of the offense;
| ||
(2) An amount equal to 30% shall be distributed to the | ||
unit of local
government whose officers or employees | ||
conducted the investigation into the
crimes against the | ||
unit of local government or school district. Amounts
| ||
distributed to units of local
government shall be used | ||
solely for the enforcement of criminal laws protecting
| ||
units of local government or school districts;
| ||
(3) An amount equal to 30% shall be distributed to the |
State's Attorney of
the county in which the prosecution | ||
resulting in the conviction was instituted.
The funds shall | ||
be used solely for the enforcement of criminal laws | ||
protecting
units of local government or school districts; | ||
and
| ||
(4) An amount equal to 10% shall be distributed to the | ||
circuit court clerk
of the
county where the prosecution | ||
resulting in the conviction was instituted.
| ||
(d) A fine order under subsection (b) of this Section is a | ||
judgment lien in
favor of the victim unit of local government | ||
or school district, the State's
Attorney of the county where
| ||
the
violation
occurred, the law enforcement agency that | ||
investigated the violation, and the
circuit court clerk.
| ||
(Source: P.A. 96-1200, eff. 7-22-10; 96-1551, eff. 7-1-11 .)
| ||
(730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)
| ||
Sec. 5-9-1.7. Sexual assault fines.
| ||
(a) Definitions. The terms used in this Section shall have | ||
the following
meanings ascribed to them:
| ||
(1) "Sexual assault" means the commission or attempted | ||
commission of
the following: sexual exploitation of a | ||
child, criminal sexual assault, predatory criminal sexual | ||
assault of
a child, aggravated criminal sexual assault,
| ||
criminal sexual abuse, aggravated criminal sexual abuse, | ||
indecent
solicitation of a child, public indecency, sexual | ||
relations within
families, promoting juvenile |
prostitution, soliciting for a juvenile prostitute, | ||
keeping a place of juvenile
prostitution, patronizing a | ||
juvenile prostitute, juvenile pimping,
exploitation of a | ||
child, obscenity, child pornography,
aggravated child | ||
pornography, harmful material,
or ritualized abuse of a | ||
child, as those offenses are defined in the Criminal Code | ||
of 1961 or the Criminal Code of 2012 .
| ||
(2) "Family member" shall have the meaning ascribed to | ||
it in Section 11-0.1
of the Criminal Code of 2012 1961 .
| ||
(3) "Sexual assault organization" means any | ||
not-for-profit organization
providing comprehensive, | ||
community-based services to victims of sexual assault.
| ||
"Community-based services" include, but are not limited | ||
to, direct crisis
intervention through a 24-hour response, | ||
medical and legal advocacy,
counseling, information and | ||
referral services, training, and community
education.
| ||
(b) Sexual assault fine; collection by clerk.
| ||
(1) In addition to any other penalty imposed, a fine of | ||
$200 shall be
imposed upon any person who pleads guilty or | ||
who is convicted of, or who
receives a disposition of court | ||
supervision for, a sexual assault or attempt
of a sexual | ||
assault. Upon request of the victim or the victim's
| ||
representative, the court shall determine whether the fine | ||
will impose an
undue burden on the victim of the offense. | ||
For purposes of this paragraph,
the defendant may not be | ||
considered the victim's representative. If the
court finds |
that the fine would impose an undue burden on the victim, | ||
the
court may reduce or waive the fine. The court shall | ||
order that the
defendant may not use funds belonging solely | ||
to the victim of the offense
for payment of the fine.
| ||
(2) Sexual assault fines shall be assessed by the court | ||
imposing the
sentence and shall be collected by the circuit | ||
clerk. The circuit clerk
shall retain 10% of the penalty to | ||
cover the costs involved in
administering and enforcing | ||
this Section. The circuit clerk shall remit
the remainder | ||
of each fine within one month of its receipt to the State
| ||
Treasurer for deposit as follows:
| ||
(i) for family member offenders, one-half to the | ||
Sexual Assault
Services Fund, and one-half to the | ||
Domestic Violence Shelter and Service
Fund; and
| ||
(ii) for other than family member offenders, the | ||
full amount to the
Sexual Assault Services Fund.
| ||
(c) Sexual Assault Services Fund; administration. There is | ||
created a
Sexual Assault Services Fund. Moneys deposited into | ||
the Fund under this
Section shall be appropriated to the | ||
Department of Public Health. Upon
appropriation of moneys from | ||
the Sexual Assault Services Fund, the Department
of Public | ||
Health shall make grants of these moneys from the Fund to | ||
sexual
assault organizations with whom the Department has | ||
contracts for the purpose of
providing community-based | ||
services to victims of sexual assault. Grants made
under this | ||
Section are in addition to, and are not substitutes for, other
|
grants authorized and made by the Department.
| ||
(Source: P.A. 96-1551, eff. 7-1-11; 97-1109, eff. 1-1-13.)
| ||
(730 ILCS 5/5-9-1.8)
| ||
Sec. 5-9-1.8. Child pornography fines. Beginning July 1, | ||
2006, 100% of the fines in
excess of $10,000 collected for | ||
violations of Section 11-20.1 of the Criminal
Code of 1961 or | ||
the Criminal Code of 2012 shall be deposited into the Child | ||
Abuse Prevention Fund that is
created in the State Treasury. | ||
Moneys in the Fund resulting from the fines
shall be for the | ||
use of the
Department of Children and Family Services for | ||
grants to private entities
giving treatment and counseling to | ||
victims of child sexual abuse. | ||
Notwithstanding any other provision of law, in addition to | ||
any other transfers that may be provided by law, on July 1, | ||
2006, or as soon thereafter as practical, the State Comptroller | ||
shall direct and the State Treasurer shall transfer the | ||
remaining balance from the Child Sexual Abuse Fund into the | ||
Child Abuse Prevention Fund. Upon completion of the transfer, | ||
the Child Sexual Abuse Fund is dissolved, and any future | ||
deposits due to that Fund and any outstanding obligations or | ||
liabilities of the Fund pass to the Child Abuse Prevention | ||
Fund.
| ||
(Source: P.A. 94-839, eff. 6-6-06.)
| ||
(730 ILCS 5/5-9-1.10)
|
Sec. 5-9-1.10. Additional fines. There shall be added to | ||
every penalty
imposed in sentencing for a violation of Sections | ||
24-1.1, 24-1.2, or
24-1.5 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 an additional fine of $100 payable to the
| ||
clerk, which shall be imposed upon the entry of a judgment of | ||
conviction.
This additional fee, 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 Section | ||
during the preceding calendar year.
All moneys
collected by the | ||
circuit clerk and remitted to the State Treasurer under
Section | ||
27.6 of the Clerks of Courts Act shall be deposited into
the | ||
Trauma
Center Fund for distribution as provided under Section | ||
3.225 of the Emergency
Medical Services (EMS) Systems Act.
| ||
(Source: P.A. 89-516, eff. 7-18-96; 90-655, eff. 7-30-98.)
| ||
(730 ILCS 5/5-9-1.14) | ||
Sec. 5-9-1.14. Additional child pornography fines. In | ||
addition to any other penalty imposed, a fine of $500 shall be | ||
imposed upon a person convicted of child pornography under | ||
Section 11-20.1 of the Criminal Code of 1961 or the Criminal |
Code of 2012 . Such additional fine shall be assessed by the | ||
court imposing sentence and shall be collected by the circuit | ||
clerk. Of this fee, $5 shall be deposited into the Circuit | ||
Court Clerk Operation and Administrative Fund created by the | ||
Clerk of the Circuit Court to be used to offset the costs | ||
incurred by the Circuit Court Clerk in performing the | ||
additional duties required to collect and disburse funds to | ||
entities of State and local government as provided by law. Each | ||
such additional fine shall be remitted by the Circuit Court | ||
Clerk within one month after receipt to the unit of local | ||
government whose law enforcement officers investigated the | ||
case that gave rise to the conviction of the defendant for | ||
child pornography.
| ||
(Source: P.A. 95-191, eff. 1-1-08; 95-876, eff. 8-21-08.) | ||
(730 ILCS 5/5-9-1.16) | ||
Sec. 5-9-1.16. Protective order violation fees. | ||
(a) There shall be added to every penalty imposed in | ||
sentencing for a violation of an order of protection under | ||
Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 an additional fee to be set in an amount | ||
not less than $200 to be imposed upon a plea of guilty or | ||
finding of guilty resulting in a judgment of conviction. | ||
(b)
Such additional amount shall be assessed by the court | ||
imposing sentence and shall be collected by the Circuit Clerk | ||
in addition to the fine, if any, and costs in the case to be |
used by the supervising authority in implementing the domestic | ||
violence surveillance program. The clerk of the circuit court | ||
shall pay all monies collected from this fee to the county | ||
treasurer for deposit in the probation and court services fund | ||
under Section 15.1 of the Probation and Probations Officers | ||
Act. | ||
(c) The supervising authority of a domestic violence | ||
surveillance program under Section 5-8A-7 of this Act shall | ||
assess a person either convicted of, or charged with, the | ||
violation of an order of protection an additional fee to cover | ||
the costs of providing the equipment used and the additional | ||
supervision needed for such domestic violence surveillance | ||
program. If the court finds that the fee would impose an undue | ||
burden on the victim, the court may reduce or waive the fee. | ||
The court shall order that the defendant may not use funds | ||
belonging solely to the victim of the offense for payment of | ||
the fee. | ||
When the supervising authority is the court or the | ||
probation and court services department, the fee shall be | ||
collected by the circuit court clerk. The clerk of the circuit | ||
court shall pay all monies collected from this fee and all | ||
other required probation fees that are assessed to the county | ||
treasurer for deposit in the probation and court services fund | ||
under Section 15.1 of the Probation and Probations Officers | ||
Act. In counties with a population of 2 million or more, when | ||
the supervising authority is the court or the probation and |
court services department, the fee shall be collected by the | ||
supervising authority. In these counties, the supervising | ||
authority shall pay all monies collected from this fee and all | ||
other required probation fees that are assessed, to the county | ||
treasurer for deposit in the probation and court services fund | ||
under Section 15.1 of the Probation and Probation Officers Act. | ||
When the supervising authority is the Department of | ||
Corrections, the Department shall collect the fee for deposit | ||
into the Illinois Department of Corrections "fund". The Circuit | ||
Clerk shall retain 10% of such penalty and deposit that | ||
percentage into the Circuit Court Clerk Operation and | ||
Administrative Fund to cover the costs incurred in | ||
administering and enforcing this Section. | ||
(d) (Blank). | ||
(e) (Blank).
| ||
(Source: P.A. 95-773, eff. 1-1-09; 96-688, eff. 8-25-09; | ||
96-1551, eff. 7-1-11 .) | ||
(730 ILCS 5/5-9-1.19) | ||
Sec. 5-9-1.19. Additional streetgang fine. In addition to | ||
any other penalty imposed, a fine of $100 shall be imposed upon | ||
a person convicted of any violation of the Criminal Code of | ||
1961 or the Criminal Code of 2012 who was, at the time of the | ||
commission of the violation a streetgang member, as defined in | ||
Section 10 of the Illinois Streetgang Terrorism Omnibus | ||
Prevention Act. Such additional fine shall be assessed by the |
court imposing sentence and shall be collected by the circuit | ||
clerk. Of this fee, $5 shall be deposited into the Circuit | ||
Court Clerk Operation and Administrative Fund created by the | ||
Clerk of the Circuit Court to be used to offset the costs | ||
incurred by the Circuit Court Clerk in performing the | ||
additional duties required to collect and disburse funds as | ||
provided by law. Each such additional fine shall be remitted by | ||
the Circuit Court Clerk within one month after receipt to the | ||
State Police Streetgang-Related Crime Fund in the State | ||
treasury.
| ||
(Source: P.A. 96-1029, eff. 7-13-10.) | ||
(730 ILCS 5/5-9-1.20) | ||
Sec. 5-9-1.20. Additional violation of parole fines. In | ||
addition to
any other penalty imposed, a fine of $25 shall be | ||
imposed upon
a person convicted of any violation of the | ||
Criminal Code of
1961 or the Criminal Code of 2012 who was, at | ||
the time of the commission of the offense on parole or | ||
mandatory supervised release. Such additional
fine shall be | ||
assessed by the court imposing sentence and shall
be collected | ||
by the circuit clerk. Of this fine, $5 shall be
deposited into | ||
the Circuit Court Clerk Operation and
Administrative Fund | ||
created by the Clerk of the Circuit Court
to be used to offset | ||
the costs incurred by the Circuit Court
Clerk in performing the | ||
additional duties required to collect
and disburse funds as | ||
provided by law. The remainder of each such additional
fine |
shall be remitted by the Circuit Court Clerk within one
month | ||
after receipt to the State Treasurer for deposit into the | ||
Illinois Department of Corrections Parole Division Offender | ||
Supervision Fund in the State treasury.
| ||
(Source: P.A. 97-262, eff. 8-5-11.) | ||
Section 675. The Probation and Probation Officers Act is | ||
amended by changing Section 16.1 as follows: | ||
(730 ILCS 110/16.1)
| ||
Sec. 16.1. Redeploy Illinois Program.
| ||
(a) The purpose of this Section is to encourage the
| ||
deinstitutionalization of juvenile offenders by establishing
| ||
projects in counties or groups of counties that
reallocate | ||
State funds from juvenile correctional confinement
to local | ||
jurisdictions, which will establish a continuum of
local, | ||
community-based sanctions and treatment alternatives
for | ||
juvenile offenders who would be incarcerated if those
local | ||
services and sanctions did not exist. It is also intended to | ||
offer alternatives, when appropriate, to avoid commitment to | ||
the Department of Juvenile Justice, to direct child welfare | ||
services for minors charged with a criminal offense or | ||
adjudicated delinquent under Section 5 of the Children and | ||
Family Services Act. The allotment of
funds will be based on a | ||
formula that rewards local
jurisdictions for the establishment | ||
or expansion of local
alternatives to incarceration, and |
requires them to pay for
utilization of incarceration as a | ||
sanction. In addition, there shall be an allocation of | ||
resources (amount to be determined annually by the Redeploy | ||
Illinois Oversight Board) set aside at the beginning of each | ||
fiscal year to be made available for any county or groups of | ||
counties which need resources only occasionally for services to | ||
avoid commitment to the Department of Juvenile Justice for a | ||
limited number of youth. This redeployment
of funds shall be | ||
made in a manner consistent with the
Juvenile Court Act of 1987 | ||
and the following purposes and
policies:
| ||
(1) The juvenile justice system should protect the
| ||
community, impose accountability to victims and | ||
communities for
violations of law,
and equip juvenile | ||
offenders with competencies to live
responsibly and | ||
productively.
| ||
(2) Juveniles should be treated in the least
| ||
restrictive manner possible while maintaining the safety
| ||
of the community.
| ||
(3) A continuum of services and sanctions from
least | ||
restrictive to most restrictive should be available
in | ||
every community.
| ||
(4) There should be local responsibility and
authority | ||
for planning, organizing, and coordinating
service | ||
resources in the community. People in the
community can | ||
best choose a range of services which
reflect community | ||
values and meet the needs of their own
youth.
|
(5) Juveniles who pose a threat to the community or
| ||
themselves need special care, including secure settings.
| ||
Such services as detention, long-term incarceration, or
| ||
residential treatment are too costly to provide in each
| ||
community and should be coordinated and provided on a
| ||
regional or Statewide basis.
| ||
(6) The roles of State and local government in
creating | ||
and maintaining services to youth in the
juvenile justice | ||
system should be clearly defined. The
role of the State is | ||
to fund services, set standards of
care, train service | ||
providers, and monitor the
integration and coordination of | ||
services. The role of
local government should be to oversee | ||
the provision of
services.
| ||
(b) Each county or circuit participating in the Redeploy | ||
Illinois
program must create a local plan demonstrating how it | ||
will
reduce the county or circuit's utilization of secure
| ||
confinement of juvenile offenders in the Illinois Department
of | ||
Juvenile Justice or county detention centers by the creation or
| ||
expansion of individualized services or programs that may
| ||
include but are not limited to the following:
| ||
(1) Assessment and evaluation services to provide
the | ||
juvenile justice system with accurate individualized
case | ||
information on each juvenile offender including
mental | ||
health, substance abuse, educational, and family
| ||
information;
| ||
(2) Direct services to individual juvenile
offenders |
including educational, vocational, mental
health, | ||
substance abuse, supervision, and service
coordination; | ||
and
| ||
(3) Programs that seek to restore the offender to
the | ||
community, such as victim offender panels, teen
courts, | ||
competency building, enhanced accountability
measures, | ||
restitution, and community service.
The local plan must be | ||
directed in such a manner as to
emphasize an individualized | ||
approach to providing services to
juvenile offenders in an | ||
integrated community based system
including probation as | ||
the broker of services. The plan must
also detail the | ||
reduction in utilization of secure
confinement.
The local | ||
plan shall be limited to services and shall not
include | ||
costs for:
| ||
(i) capital expenditures;
| ||
(ii) renovations or remodeling;
| ||
(iii) personnel costs for probation.
| ||
The local plan shall be submitted to the Department of | ||
Human
Services.
| ||
(c) A county or group of counties may develop an
agreement | ||
with the Department of Human Services to reduce their
number of
| ||
commitments of juvenile offenders, excluding minors sentenced
| ||
based upon a finding of guilt of first degree murder or an | ||
offense which is a
Class X forcible felony as defined in the | ||
Criminal Code of 2012 1961 , to the
Department of
Juvenile | ||
Justice, and then use the savings to develop local
programming |
for youth who would otherwise have been committed
to the | ||
Department of Juvenile Justice. A county or group of
counties | ||
shall agree to limit their commitments to 75% of the
level of | ||
commitments from the average number of juvenile
commitments for | ||
the past 3 years, and will receive the
savings to redeploy for | ||
local programming for juveniles who
would otherwise be held in | ||
confinement. For any county or group of counties with a | ||
decrease of juvenile commitments of at least 25%, based on the | ||
average reductions of the prior 3 years, which are chosen to | ||
participate or continue as sites, the Redeploy Illinois | ||
Oversight Board has the authority to reduce the required | ||
percentage of future commitments to achieve the purpose of this | ||
Section. The agreement shall
set forth the following:
| ||
(1) a Statement of the number and type of juvenile
| ||
offenders from the county who were held in secure
| ||
confinement by the Illinois Department of Juvenile Justice | ||
or
in county detention the previous year, and an | ||
explanation
of which, and how many, of these offenders | ||
might be
served through the proposed Redeploy Illinois | ||
Program for
which the funds shall be used;
| ||
(2) a Statement of the service needs of currently
| ||
confined juveniles;
| ||
(3) a Statement of the type of services and
programs to | ||
provide for the individual needs of the
juvenile offenders, | ||
and the research or evidence base
that qualifies those | ||
services and programs as proven or
promising practices;
|
(4) a budget indicating the costs of each service
or | ||
program to be funded under the plan;
| ||
(5) a summary of contracts and service agreements
| ||
indicating the treatment goals and number of juvenile
| ||
offenders to be served by each service provider; and
| ||
(6) a Statement indicating that the Redeploy
Illinois | ||
Program will not duplicate existing services and
programs. | ||
Funds for this plan shall not supplant existing
county | ||
funded programs.
| ||
(d) (Blank).
| ||
(d-5) A county or group of counties that does not have an | ||
approved Redeploy Illinois program, as described in subsection | ||
(b), and that has committed fewer than 10 Redeploy eligible | ||
youth to the Department of Juvenile Justice on average over the | ||
previous 3 years, may develop an individualized agreement with | ||
the Department of Human Services through the Redeploy Illinois | ||
program to provide services to youth to avoid commitment to the | ||
Department of Juvenile Justice.
The agreement shall set forth | ||
the following: | ||
(1) a statement of the number and type of juvenile
| ||
offenders from the county who were at risk under any of the | ||
categories listed above during the 3 previous years, and an | ||
explanation of which of these offenders would be served | ||
through the proposed Redeploy Illinois program for which | ||
the funds shall be used, or through individualized | ||
contracts with existing Redeploy programs in neighboring |
counties; | ||
(2) a statement of the service needs; | ||
(3) a statement of the type of services and programs
to | ||
provide for the individual needs of the juvenile offenders, | ||
and the research or evidence that qualifies those services | ||
and programs as proven or promising practices; | ||
(4) a budget indicating the costs of each service or
| ||
program to be funded under the plan; | ||
(5) a summary of contracts and service agreements
| ||
indicating the treatment goals and number of juvenile | ||
offenders to be served by each service provider; and | ||
(6) a statement indicating that the Redeploy Illinois
| ||
program will not duplicate existing services and programs. | ||
Funds for this plan shall not supplant existing county | ||
funded programs. | ||
(e) The Department of Human Services shall be responsible | ||
for
the
following:
| ||
(1) Reviewing each Redeploy Illinois Program plan
for | ||
compliance with standards established for such plans.
A | ||
plan may be approved as submitted, approved with
| ||
modifications, or rejected. No plan shall be considered
for | ||
approval if the circuit or county is not in full
compliance | ||
with all regulations, standards and guidelines
pertaining | ||
to the delivery of basic probation services as
established | ||
by the Supreme Court.
| ||
(2) Monitoring on a continual basis and evaluating
|
annually both the program and its fiscal activities in
all | ||
counties receiving an allocation under the Redeploy
| ||
Illinois Program. Any program or service that has not met
| ||
the goals and objectives of its contract or service
| ||
agreement shall be subject to denial for funding in
| ||
subsequent years. The Department of Human Services shall
| ||
evaluate the
effectiveness of the Redeploy Illinois | ||
Program in each
circuit or county. In determining the | ||
future funding for
the Redeploy Illinois Program under this | ||
Act, the
evaluation shall include, as a primary indicator | ||
of
success, a decreased number of confinement days for the
| ||
county's juvenile offenders.
| ||
(f) Any Redeploy Illinois Program allocations not
applied | ||
for and approved by the Department of Human Services
shall be
| ||
available for redistribution to approved plans for the
| ||
remainder of that fiscal year. Any county that invests local
| ||
moneys in the Redeploy Illinois Program shall be given first
| ||
consideration for any redistribution of allocations. | ||
Jurisdictions
participating in Redeploy Illinois that exceed | ||
their agreed upon level of
commitments to the Department of | ||
Juvenile Justice shall reimburse the
Department of Corrections | ||
for each commitment above the agreed upon
level.
| ||
(g) Implementation of Redeploy Illinois.
| ||
(1) Oversight of Redeploy Illinois.
| ||
(i) Redeploy Illinois Oversight Board. The | ||
Department of Human Services
shall convene an |
oversight board to oversee the Redeploy
Illinois
| ||
Program. The Board shall include, but not be limited | ||
to, designees from the
Department of Juvenile Justice, | ||
the Administrative Office of Illinois Courts,
the | ||
Illinois
Juvenile Justice Commission, the Illinois | ||
Criminal Justice Information
Authority,
the Department | ||
of Children and Family Services, the State Board of | ||
Education,
the
Cook County State's Attorney, and a | ||
State's Attorney selected by the President
of the
| ||
Illinois State's Attorney's Association, the Cook | ||
County Public Defender, a representative of the | ||
defense bar appointed by the Chief Justice of the | ||
Illinois Supreme Court, a representative of probation | ||
appointed by the Chief Justice of the Illinois Supreme | ||
Court, and judicial representation appointed by the | ||
Chief Justice of the Illinois Supreme Court. Up to an | ||
additional 9 members may be appointed by the Secretary | ||
of Human Services from recommendations by the | ||
Oversight Board; these appointees shall possess a | ||
knowledge of juvenile justice issues and reflect the | ||
collaborative public/private relationship of Redeploy | ||
programs.
| ||
(ii) Responsibilities of the Redeploy Illinois | ||
Oversight
Board. The Oversight Board shall:
| ||
(A) Identify jurisdictions to be included in | ||
the program of Redeploy Illinois.
|
(B) Develop a formula for reimbursement of | ||
local
jurisdictions for local and community-based | ||
services
utilized in lieu of commitment to the | ||
Department of
Juvenile Justice, as well as for any | ||
charges for local
jurisdictions for commitments | ||
above the agreed upon
limit in the approved plan.
| ||
(C) Identify resources sufficient to support | ||
the
administration and evaluation of Redeploy | ||
Illinois.
| ||
(D) Develop a process and identify resources | ||
to
support on-going monitoring and evaluation of
| ||
Redeploy Illinois.
| ||
(E) Develop a process and identify resources | ||
to
support training on Redeploy Illinois.
| ||
(E-5) Review proposed individualized | ||
agreements and approve where appropriate the | ||
distribution of resources. | ||
(F) Report to the Governor and the General | ||
Assembly
on an annual basis on the progress of | ||
Redeploy
Illinois.
| ||
(iii) Length of Planning Phase. The planning phase | ||
may last
up to, but may in no event last longer than, | ||
July 1, 2004.
| ||
(2) (Blank).
| ||
(3) There shall be created the Redeploy County Review | ||
Committee composed of the designees of the Secretary of |
Human Services and the Directors of Juvenile Justice, of | ||
Children and Family Services, and of the Governor's Office | ||
of Management and Budget who shall constitute a | ||
subcommittee of the Redeploy
Illinois Oversight Board. | ||
(h) Responsibilities of the County Review Committee. The | ||
County Review Committee shall: | ||
(1) Review individualized agreements from counties | ||
requesting resources on an occasional basis for services | ||
for youth described in subsection (d-5). | ||
(2) Report its decisions to the Redeploy Illinois | ||
Oversight Board at regularly scheduled meetings. | ||
(3) Monitor the effectiveness of the resources in | ||
meeting the mandates of the Redeploy Illinois program set | ||
forth in this Section so these results might be included in | ||
the Report described in clause (g)(1)(ii)(F). | ||
(4) During the third quarter, assess the amount of | ||
remaining funds available and necessary to complete the | ||
fiscal year so that any unused funds may be distributed as | ||
defined in subsection (f). | ||
(5) Ensure that the number of youth from any applicant | ||
county receiving individualized resources will not exceed | ||
the previous three-year average of Redeploy eligible | ||
recipients and that counties are in conformity with all | ||
other elements of this law. | ||
(i) Implementation of this Section is subject to | ||
appropriation. |
(j) Rulemaking authority to implement this amendatory Act | ||
of the 95th General Assembly, if any, is conditioned on the | ||
rules being adopted in accordance with all provisions of and | ||
procedures and rules implementing the Illinois Administrative | ||
Procedure Act; any purported rule not so adopted, for whatever | ||
reason, is unauthorized. | ||
(Source: P.A. 94-696, eff. 6-1-06; 94-1032, eff. 1-1-07; | ||
95-1050, eff. 1-1-10 .) | ||
Section 680. The County Jail Good Behavior Allowance Act is | ||
amended by changing Sections 3 and 3.1 as follows:
| ||
(730 ILCS 130/3) (from Ch. 75, par. 32)
| ||
Sec. 3.
The good behavior of any person who commences a | ||
sentence of
confinement in a county jail for a fixed term of | ||
imprisonment after January 1,
1987 shall entitle such person to | ||
a good behavior allowance, except that: (1) a
person who | ||
inflicted physical harm upon another person in committing the
| ||
offense for which he is confined shall receive no good behavior | ||
allowance; and
(2) a person sentenced for an offense for which | ||
the law provides a mandatory
minimum sentence shall not receive | ||
any portion of a good behavior allowance
that would reduce the | ||
sentence below the mandatory minimum; and (3) a person
| ||
sentenced to a county impact incarceration program; and (4) a | ||
person who is
convicted of criminal sexual assault under | ||
subdivision (a)(3) of Section 11-1.20 or paragraph (a)(3) of |
Section 12-13
of the Criminal Code of 1961 or the Criminal Code | ||
of 2012 , criminal sexual abuse, or aggravated criminal
sexual | ||
abuse shall receive no good
behavior allowance. The good | ||
behavior
allowance provided for in this Section shall not apply | ||
to individuals sentenced
for a felony to probation or | ||
conditional discharge where a condition of such
probation or | ||
conditional discharge is that the individual serve a sentence | ||
of
periodic imprisonment or to individuals sentenced under an | ||
order of court for
civil contempt.
| ||
Such good behavior allowance shall be cumulative and | ||
awarded as
provided in this Section.
| ||
The good behavior allowance rate shall be cumulative and
| ||
awarded on the following basis:
| ||
The prisoner shall receive one day of good behavior | ||
allowance for each
day of service of sentence in the county | ||
jail, and one day of good behavior
allowance for each day of | ||
incarceration in the county jail before sentencing
for the | ||
offense that he or she is currently serving sentence but was | ||
unable to
post bail before sentencing, except that a prisoner | ||
serving a sentence of
periodic imprisonment under Section 5-7-1 | ||
of the Unified Code of Corrections
shall only be eligible to | ||
receive good behavior allowance if authorized by the
sentencing | ||
judge. Each day of good behavior allowance shall reduce by one | ||
day
the prisoner's period of incarceration set by the court. | ||
For the purpose of
calculating a prisoner's good behavior | ||
allowance, a fractional part of a day
shall not be calculated |
as a day of service of sentence in the county jail
unless the | ||
fractional part of the day is over 12 hours in which case a | ||
whole
day shall be credited on the good behavior allowance.
| ||
If consecutive sentences are served and the time served | ||
amounts to a
total of one year or more, the good behavior | ||
allowance shall be calculated
on a continuous basis throughout | ||
the entire time served beginning on the
first date of sentence | ||
or incarceration, as the case may be.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
(730 ILCS 130/3.1) (from Ch. 75, par. 32.1)
| ||
Sec. 3.1. (a) Within 3 months after the effective date of | ||
this
amendatory Act of 1986, the wardens who supervise | ||
institutions under this
Act shall meet and agree upon uniform | ||
rules and regulations for behavior
and conduct, penalties, and | ||
the awarding, denying and revocation of good
behavior | ||
allowance, in such institutions; and such rules and regulations
| ||
shall be immediately promulgated and consistent with the | ||
provisions of this
Act. Interim rules shall be provided by each | ||
warden consistent with the
provision of this Act and shall be | ||
effective until the promulgation of
uniform rules. All | ||
disciplinary action shall be consistent with the
provisions of | ||
this Act. Committed persons shall be informed of rules of
| ||
behavior and conduct, the penalties for violation thereof, and | ||
the
disciplinary procedure by which such penalties may be | ||
imposed. Any rules,
penalties and procedures shall be posted |
and made available to the committed persons.
| ||
(b) Whenever a person is alleged to have violated a rule of | ||
behavior, a
written report of the infraction shall be filed | ||
with the warden within 72
hours of the occurrence of the | ||
infraction or the discovery of it, and such
report shall be | ||
placed in the file of the institution or facility. No
| ||
disciplinary proceeding shall be commenced more than 8 days | ||
after the infraction or the
discovery of it, unless the | ||
committed person is unable or unavailable for
any reason to | ||
participate in the disciplinary proceeding.
| ||
(c) All or any of the good behavior allowance earned may be | ||
revoked by
the warden, unless he initiates the charge, and in | ||
that case by the
disciplinary board, for violations of rules of | ||
behavior at any time prior
to discharge from the institution, | ||
consistent with the provisions of this Act.
| ||
(d) In disciplinary cases that may involve the loss of good | ||
behavior
allowance or eligibility to earn good behavior | ||
allowance, the warden shall
establish disciplinary procedures | ||
consistent with the following principles:
| ||
(1) The warden may establish one or more disciplinary | ||
boards, made up of
one or more persons, to hear and | ||
determine charges. Any person
who initiates a disciplinary | ||
charge against a committed person shall not
serve on the | ||
disciplinary board that will determine the disposition of | ||
the
charge. In those cases in which the charge was | ||
initiated by the warden, he
shall establish a disciplinary |
board which will have the authority to
impose any | ||
appropriate discipline.
| ||
(2) Any committed person charged with a violation of | ||
rules of behavior
shall be given notice of the charge, | ||
including a statement of the
misconduct alleged and of the | ||
rules this conduct is alleged to violate, no
less than 24 | ||
hours before the disciplinary hearing.
| ||
(3) Any committed person charged with a violation of | ||
rules is entitled
to a hearing on that charge, at which | ||
time he shall have an opportunity to
appear before and | ||
address the warden or disciplinary board deciding the | ||
charge.
| ||
(4) The person or persons determining the disposition | ||
of the charge may
also summon to testify any witnesses or | ||
other persons with relevant
knowledge of the incident. The | ||
person charged may be permitted to question
any person so | ||
summoned.
| ||
(5) If the charge is sustained, the person charged is | ||
entitled to a
written statement, within 14 days after the | ||
hearing, of the decision by the
warden or the disciplinary | ||
board which determined the disposition of the
charge, and | ||
the statement shall include the basis for the decision and | ||
the
disciplinary action, if any, to be imposed.
| ||
(6) The warden may impose the discipline recommended by | ||
the disciplinary
board, or may reduce the discipline | ||
recommended; however, no committed
person may be penalized |
more than 30 days of good behavior allowance for
any one | ||
infraction.
| ||
(7) The warden, in appropriate cases, may restore good | ||
behavior
allowance that has been revoked, suspended or | ||
reduced.
| ||
(e) The warden, or his or her designee, may revoke the good | ||
behavior allowance specified in Section 3 of this Act of an | ||
inmate who is sentenced to the Illinois Department of | ||
Corrections for misconduct committed by the inmate while in | ||
custody of the warden. If an inmate while in custody of the | ||
warden is convicted of assault or battery on a peace officer, | ||
correctional employee, or another inmate, or for criminal | ||
damage to property or for bringing into or possessing | ||
contraband in the penal institution in violation of Section | ||
31A-1.1 of the Criminal Code of 1961 or the Criminal Code of | ||
2012 , his or her day for day good behavior allowance shall be | ||
revoked for each day such allowance was earned while the inmate | ||
was in custody of the warden. | ||
(Source: P.A. 96-495, eff. 1-1-10.)
| ||
Section 685. The Arsonist Registration Act is amended by | ||
changing Section 5 as follows: | ||
(730 ILCS 148/5)
| ||
Sec. 5. Definitions. In this Act: | ||
(a) "Arsonist" means any person who is: |
(1) charged under Illinois law, or any
substantially | ||
similar federal, Uniform Code of Military Justice, sister | ||
state, or foreign country law, with an arson offense, set | ||
forth in subsection (b) of this Section or the attempt to | ||
commit an included arson offense, and:
| ||
(i) is convicted of such offense or an attempt
to | ||
commit such offense; or
| ||
(ii) is found not guilty by reason of insanity of
| ||
such offense or an attempt to commit such offense; or
| ||
(iii) is found not guilty by reason of insanity
| ||
under subsection (c) of Section 104-25 of the Code of | ||
Criminal Procedure of 1963 of such offense or an | ||
attempt to commit such offense; or
| ||
(iv) is the subject of a finding not resulting in
| ||
an acquittal at a hearing conducted under subsection | ||
(a) of Section 104-25 of the Code of Criminal Procedure | ||
of 1963 for the alleged commission or attempted | ||
commission of such offense; or
| ||
(v) is found not guilty by reason of insanity
| ||
following a hearing conducted under a federal, Uniform | ||
Code of Military Justice, sister state, or foreign | ||
country law substantially similar to subsection (c) of | ||
Section 104-25 of the Code of Criminal Procedure of | ||
1963 of such offense or of the attempted commission of | ||
such offense; or
| ||
(vi) is the subject of a finding not resulting in
|
an acquittal at a hearing conducted under a federal, | ||
Uniform Code of Military Justice, sister state, or | ||
foreign country law substantially similar to | ||
subsection (a) of Section 104-25 of the Code of | ||
Criminal Procedure of 1963 for the alleged violation or | ||
attempted commission of such offense; | ||
(2) is a minor who has been tried and convicted in an | ||
adult criminal prosecution as the result
of committing or | ||
attempting to commit an offense specified in subsection (b) | ||
of this Section or a violation of any substantially similar | ||
federal, Uniform Code of Military Justice, sister state, or | ||
foreign country law.
Convictions that result from or are | ||
connected with the same act, or result from offenses | ||
committed at the same time, shall be counted for the | ||
purpose of this Act as one conviction. Any conviction set | ||
aside under law is not a conviction for purposes of this | ||
Act.
| ||
(b) "Arson offense" means:
| ||
(1) A violation of any of the following Sections of
the | ||
Criminal Code of 1961 or the Criminal Code of 2012 :
| ||
(i) 20-1 (arson ; residential arson; place of | ||
worship arson ), | ||
(ii) 20-1.1 (aggravated arson), | ||
(iii) 20-1(b) or 20-1.2 (residential arson), | ||
(iv) 20-1(b-5) or 20-1.3 (place of worship arson),
| ||
(v) 20-2 (possession of explosives or explosive or |
incendiary devices), or | ||
(vi) An attempt to commit any of the offenses | ||
listed in clauses (i) through (v).
| ||
(2) A violation of any former law of this State
| ||
substantially equivalent to any offense listed in | ||
subsection (b) of this Section. | ||
(c) A conviction for an offense of federal law, Uniform | ||
Code of Military Justice, or the law of another state or a | ||
foreign country that is substantially equivalent to any offense | ||
listed in subsection (b) of this Section shall constitute a | ||
conviction for the purpose of this Act.
| ||
(d) "Law enforcement agency having jurisdiction" means the | ||
Chief of Police in each of the municipalities in which the | ||
arsonist expects to reside, work, or attend school (1) upon his | ||
or her discharge, parole or release or (2) during the service | ||
of his or her sentence of probation or conditional discharge, | ||
or the Sheriff of the county, in the event no Police Chief | ||
exists or if the offender intends to reside, work, or attend | ||
school in an unincorporated area. "Law enforcement agency | ||
having jurisdiction" includes the location where out-of-state | ||
students attend school and where out-of-state employees are | ||
employed or are otherwise required to register.
| ||
(e) "Out-of-state student" means any arsonist, as defined | ||
in this Section, who is enrolled in Illinois, on a full-time or | ||
part-time basis, in any public or private educational | ||
institution, including, but not limited to, any secondary |
school, trade or professional institution, or institution of | ||
higher learning.
| ||
(f) "Out-of-state employee" means any arsonist, as defined | ||
in this Section, who works in Illinois, regardless of whether | ||
the individual receives payment for services performed, for a | ||
period of time of 10 or more days or for an aggregate period of | ||
time of 30 or more days during any calendar year. Persons who | ||
operate motor vehicles in the State accrue one day of | ||
employment time for any portion of a day spent in Illinois.
| ||
(g) "I-CLEAR" means the Illinois Citizens and Law | ||
Enforcement Analysis and Reporting System.
| ||
(Source: P.A. 97-1108, eff. 1-1-13.) | ||
Section 690. The Sex Offender Registration Act is amended | ||
by changing Sections 2, 3, 6, and 8 as follows:
| ||
(730 ILCS 150/2) (from Ch. 38, par. 222)
| ||
Sec. 2. Definitions.
| ||
(A) As used in this Article, "sex offender" means any | ||
person who is:
| ||
(1) charged pursuant to Illinois law, or any | ||
substantially similar
federal, Uniform Code of Military | ||
Justice, sister state, or foreign country
law,
with a sex | ||
offense set forth
in subsection (B) of this Section or the | ||
attempt to commit an included sex
offense, and:
| ||
(a) is convicted of such offense or an attempt to |
commit such offense;
or
| ||
(b) is found not guilty by reason of insanity of | ||
such offense or an
attempt to commit such offense; or
| ||
(c) is found not guilty by reason of insanity | ||
pursuant to Section
104-25(c) of the Code of Criminal | ||
Procedure of 1963 of such offense or an
attempt to | ||
commit such offense; or
| ||
(d) is the subject of a finding not resulting in an | ||
acquittal at a
hearing conducted pursuant to Section | ||
104-25(a) of the Code of Criminal
Procedure of 1963 for | ||
the alleged commission or attempted commission of such
| ||
offense; or
| ||
(e) is found not guilty by reason of insanity | ||
following a hearing
conducted pursuant to a federal, | ||
Uniform Code of Military Justice, sister
state, or | ||
foreign country law
substantially similar to Section | ||
104-25(c) of the Code of Criminal Procedure
of 1963 of | ||
such offense or of the attempted commission of such | ||
offense; or
| ||
(f) is the subject of a finding not resulting in an | ||
acquittal at a
hearing conducted pursuant to a federal, | ||
Uniform Code of Military Justice,
sister state, or | ||
foreign country law
substantially similar to Section | ||
104-25(a) of the Code of Criminal Procedure
of 1963 for | ||
the alleged violation or attempted commission of such | ||
offense;
or
|
(2) declared as a sexually dangerous person pursuant to | ||
the Illinois
Sexually Dangerous Persons Act, or any | ||
substantially similar federal, Uniform
Code of Military | ||
Justice, sister
state, or foreign country law; or
| ||
(3) subject to the provisions of Section 2 of the | ||
Interstate
Agreements on Sexually Dangerous Persons Act; | ||
or
| ||
(4) found to be a sexually violent person pursuant to | ||
the Sexually
Violent Persons Commitment Act or any | ||
substantially similar federal, Uniform
Code of Military | ||
Justice, sister
state, or foreign country law; or
| ||
(5) adjudicated a juvenile delinquent as the result of | ||
committing or
attempting to commit an act which, if | ||
committed by an adult, would constitute
any of the offenses | ||
specified in item (B), (C), or (C-5) of this Section or a
| ||
violation of any substantially similar federal, Uniform | ||
Code of Military
Justice, sister state, or foreign
country | ||
law, or found guilty under Article V of the Juvenile Court | ||
Act of 1987
of committing or attempting to commit an act | ||
which, if committed by an adult,
would constitute any of | ||
the offenses specified in item (B), (C), or (C-5) of
this | ||
Section or a violation of any substantially similar | ||
federal, Uniform Code
of Military Justice, sister state,
or | ||
foreign country law.
| ||
Convictions that result from or are connected with the same | ||
act, or result
from offenses committed at the same time, shall |
be counted for the purpose of
this Article as one conviction. | ||
Any conviction set aside pursuant to law is
not a conviction | ||
for purposes of this Article.
| ||
For purposes of this Section, "convicted" shall have the | ||
same meaning as
"adjudicated".
| ||
(B) As used in this Article, "sex offense" means:
| ||
(1) A violation of any of the following Sections of the | ||
Criminal Code of
1961 or the Criminal Code of 2012 :
| ||
11-20.1 (child pornography),
| ||
11-20.1B or 11-20.3 (aggravated child | ||
pornography),
| ||
11-6 (indecent solicitation of a child),
| ||
11-9.1 (sexual exploitation of a child),
| ||
11-9.2 (custodial sexual misconduct),
| ||
11-9.5 (sexual misconduct with a person with a | ||
disability), | ||
11-14.4 (promoting juvenile prostitution),
| ||
11-15.1 (soliciting for a juvenile prostitute),
| ||
11-18.1 (patronizing a juvenile prostitute),
| ||
11-17.1 (keeping a place of juvenile | ||
prostitution),
| ||
11-19.1 (juvenile pimping),
| ||
11-19.2 (exploitation of a child),
| ||
11-25 (grooming), | ||
11-26 (traveling to meet a minor),
| ||
11-1.20 or 12-13 (criminal sexual assault),
|
11-1.30 or 12-14 (aggravated criminal sexual | ||
assault),
| ||
11-1.40 or 12-14.1 (predatory criminal sexual | ||
assault of a child),
| ||
11-1.50 or 12-15 (criminal sexual abuse),
| ||
11-1.60 or 12-16 (aggravated criminal sexual | ||
abuse),
| ||
12-33 (ritualized abuse of a child).
| ||
An attempt to commit any of these offenses.
| ||
(1.5)
A violation of any of the following Sections of | ||
the
Criminal Code of 1961 or the Criminal Code of 2012 , | ||
when the victim is a person under 18 years of age, the
| ||
defendant is not a parent of the victim, the offense was | ||
sexually motivated as defined in Section 10 of the Sex | ||
Offender Evaluation and Treatment Act, and the offense was | ||
committed on or
after January 1, 1996:
| ||
10-1 (kidnapping),
| ||
10-2 (aggravated kidnapping),
| ||
10-3 (unlawful restraint),
| ||
10-3.1 (aggravated unlawful restraint).
| ||
If the offense was committed before January 1, 1996, it | ||
is a sex offense requiring registration only when the | ||
person is convicted of any felony after July 1, 2011, and | ||
paragraph (2.1) of subsection (c) of Section 3 of this Act | ||
applies.
| ||
(1.6)
First degree murder under Section 9-1 of the |
Criminal Code of 1961 or the Criminal Code of 2012 ,
| ||
provided the offense was sexually motivated as defined in | ||
Section 10 of the Sex Offender Management Board Act.
| ||
(1.7) (Blank).
| ||
(1.8) A violation or attempted violation of Section | ||
11-11 (sexual
relations within families) of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 , and the offense | ||
was committed on or after
June 1, 1997. If the offense was | ||
committed before June 1, 1997, it is a sex offense | ||
requiring registration only when the person is convicted of | ||
any felony after July 1, 2011, and paragraph (2.1) of | ||
subsection (c) of Section 3 of this Act applies.
| ||
(1.9) Child abduction under paragraph (10) of | ||
subsection
(b) of Section 10-5 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012 committed by luring or
| ||
attempting to lure a child under the age of 16 into a motor | ||
vehicle, building,
house trailer, or dwelling place | ||
without the consent of the parent or lawful
custodian of | ||
the child for other than a lawful purpose and the offense | ||
was
committed on or after January 1, 1998, provided the | ||
offense was sexually motivated as defined in Section 10 of | ||
the Sex Offender Management Board Act. If the offense was | ||
committed before January 1, 1998, it is a sex offense | ||
requiring registration only when the person is convicted of | ||
any felony after July 1, 2011, and paragraph (2.1) of | ||
subsection (c) of Section 3 of this Act applies.
|
(1.10) A violation or attempted violation of any of the | ||
following Sections
of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 when the offense was committed on or | ||
after July
1, 1999:
| ||
10-4 (forcible detention, if the victim is under 18 | ||
years of age), provided the offense was sexually | ||
motivated as defined in Section 10 of the Sex Offender | ||
Management Board Act,
| ||
11-6.5 (indecent solicitation of an adult),
| ||
11-14.3 that involves soliciting for a prostitute, | ||
or 11-15 (soliciting for a prostitute, if the victim is | ||
under 18 years
of age),
| ||
subdivision (a)(2)(A) or (a)(2)(B) of Section | ||
11-14.3, or Section 11-16 (pandering, if the victim is | ||
under 18 years of age),
| ||
11-18 (patronizing a prostitute, if the victim is | ||
under 18 years
of age),
| ||
subdivision (a)(2)(C) of Section 11-14.3, or | ||
Section 11-19 (pimping, if the victim is under 18 years | ||
of age).
| ||
If the offense was committed before July 1, 1999, it is | ||
a sex offense requiring registration only when the person | ||
is convicted of any felony after July 1, 2011, and | ||
paragraph (2.1) of subsection (c) of Section 3 of this Act | ||
applies.
| ||
(1.11) A violation or attempted violation of any of the |
following
Sections of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 when the offense was committed on or
| ||
after August 22, 2002:
| ||
11-9 or 11-30 (public indecency for a third or | ||
subsequent conviction). | ||
If the third or subsequent conviction was imposed | ||
before August 22, 2002, it is a sex offense requiring | ||
registration only when the person is convicted of any | ||
felony after July 1, 2011, and paragraph (2.1) of | ||
subsection (c) of Section 3 of this Act applies.
| ||
(1.12) A violation or attempted violation of Section
| ||
5.1 of the Wrongs to Children Act or Section 11-9.1A of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 | ||
(permitting sexual abuse) when the
offense was committed on | ||
or after August 22, 2002. If the offense was committed | ||
before August 22, 2002, it is a sex offense requiring | ||
registration only when the person is convicted of any | ||
felony after July 1, 2011, and paragraph (2.1) of | ||
subsection (c) of Section 3 of this Act applies.
| ||
(2) A violation of any former law of this State | ||
substantially equivalent
to any offense listed in | ||
subsection (B) of this Section.
| ||
(C) A conviction for an offense of federal law, Uniform | ||
Code of Military
Justice, or the law of another state
or a | ||
foreign country that is substantially equivalent to any offense | ||
listed
in subsections (B), (C), (E), and (E-5) of this Section |
shall
constitute a
conviction for the purpose
of this Article. | ||
A finding or adjudication as a sexually dangerous person
or a | ||
sexually violent person under any federal law, Uniform Code of | ||
Military
Justice, or the law of another state or
foreign | ||
country that is substantially equivalent to the Sexually | ||
Dangerous
Persons Act or the Sexually Violent Persons | ||
Commitment Act shall constitute an
adjudication for the | ||
purposes of this Article.
| ||
(C-5) A person at least 17 years of age at the time of the | ||
commission of
the offense who is convicted of first degree | ||
murder under Section 9-1 of the
Criminal Code of 1961 or the | ||
Criminal Code of 2012 , against a person
under 18 years of age, | ||
shall be required to register
for natural life.
A conviction | ||
for an offense of federal, Uniform Code of Military Justice,
| ||
sister state, or foreign country law that is substantially | ||
equivalent to any
offense listed in subsection (C-5) of this | ||
Section shall constitute a
conviction for the purpose of this | ||
Article. This subsection (C-5) applies to a person who | ||
committed the offense before June 1, 1996 if: (i) the person is | ||
incarcerated in an Illinois Department of Corrections facility | ||
on August 20, 2004 (the effective date of Public Act 93-977), | ||
or (ii) subparagraph (i) does not apply and the person is | ||
convicted of any felony after July 1, 2011, and paragraph (2.1) | ||
of subsection (c) of Section 3 of this Act applies.
| ||
(C-6) A person who is convicted or adjudicated delinquent | ||
of first degree murder as defined in Section 9-1 of the |
Criminal Code of 1961 or the Criminal Code of 2012 , against a | ||
person 18 years of age or over, shall be required to register | ||
for his or her natural life. A conviction for an offense of | ||
federal, Uniform Code of Military Justice, sister state, or | ||
foreign country law that is substantially equivalent to any | ||
offense listed in subsection (C-6) of this Section shall | ||
constitute a conviction for the purpose of this Article. This | ||
subsection (C-6) does not apply to those individuals released | ||
from incarceration more than 10 years prior to January 1, 2012 | ||
(the effective date of Public Act 97-154). | ||
(D) As used in this Article, "law enforcement agency having | ||
jurisdiction"
means the Chief of Police in each of the | ||
municipalities in which the sex offender
expects to reside, | ||
work, or attend school (1) upon his or her discharge,
parole or | ||
release or
(2) during the service of his or her sentence of | ||
probation or conditional
discharge, or the Sheriff of the | ||
county, in the event no Police Chief exists
or if the offender | ||
intends to reside, work, or attend school in an
unincorporated | ||
area.
"Law enforcement agency having jurisdiction" includes | ||
the location where
out-of-state students attend school and | ||
where out-of-state employees are
employed or are otherwise | ||
required to register.
| ||
(D-1) As used in this Article, "supervising officer" means | ||
the assigned Illinois Department of Corrections parole agent or | ||
county probation officer. | ||
(E) As used in this Article, "sexual predator" means any |
person who,
after July 1, 1999, is:
| ||
(1) Convicted for an offense of federal, Uniform Code | ||
of Military
Justice, sister state, or foreign country law | ||
that is substantially equivalent
to any offense listed in | ||
subsection (E) or (E-5) of this Section shall constitute a
| ||
conviction for the purpose of this Article.
Convicted of a | ||
violation or attempted violation of any of the following
| ||
Sections of the
Criminal Code of 1961 or the Criminal Code | ||
of 2012 :
| ||
10-5.1 (luring of a minor),
| ||
11-14.4 that involves keeping a place of juvenile | ||
prostitution, or 11-17.1 (keeping a place of juvenile | ||
prostitution),
| ||
subdivision (a)(2) or (a)(3) of Section 11-14.4, | ||
or Section 11-19.1 (juvenile pimping),
| ||
subdivision (a)(4) of Section 11-14.4, or Section | ||
11-19.2 (exploitation of a child),
| ||
11-20.1 (child pornography),
| ||
11-20.1B or 11-20.3 (aggravated child | ||
pornography),
| ||
11-1.20 or 12-13 (criminal sexual assault),
| ||
11-1.30 or 12-14 (aggravated criminal sexual | ||
assault),
| ||
11-1.40 or 12-14.1 (predatory criminal sexual | ||
assault of a child),
| ||
11-1.60 or 12-16 (aggravated criminal sexual |
abuse),
| ||
12-33 (ritualized abuse of a child);
| ||
(2) (blank);
| ||
(3) declared as a sexually dangerous person pursuant to | ||
the Sexually
Dangerous Persons Act or any substantially | ||
similar federal, Uniform Code of
Military Justice, sister | ||
state, or
foreign country law;
| ||
(4) found to be a sexually violent person pursuant to | ||
the Sexually Violent
Persons Commitment Act or any | ||
substantially similar federal, Uniform Code of
Military | ||
Justice, sister state, or
foreign country law;
| ||
(5) convicted of a second or subsequent offense which | ||
requires
registration pursuant to this Act. For purposes of | ||
this paragraph
(5), "convicted" shall include a conviction | ||
under any
substantially similar
Illinois, federal, Uniform | ||
Code of Military Justice, sister state, or
foreign country | ||
law;
| ||
(6) (blank); or | ||
(7) if the person was convicted of an offense set forth | ||
in this subsection (E) on or before July 1, 1999, the | ||
person is a sexual predator for whom registration is | ||
required only when the person is convicted of a felony | ||
offense after July 1, 2011, and paragraph (2.1) of | ||
subsection (c) of Section 3 of this Act applies. | ||
(E-5) As used in this Article, "sexual predator" also means | ||
a person convicted of a violation or attempted violation of any |
of the following
Sections of the
Criminal Code of 1961 or the | ||
Criminal Code of 2012 : | ||
(1) Section 9-1 (first degree murder,
when the victim | ||
was a person under 18 years of age and the defendant was at | ||
least
17 years of age at the time of the commission of the | ||
offense, provided the offense was sexually motivated as | ||
defined in Section 10 of the Sex Offender Management Board | ||
Act); | ||
(2) Section 11-9.5 (sexual misconduct with a person | ||
with a disability); | ||
(3) when the victim is a person under 18 years of age, | ||
the
defendant is not a parent of the victim, the offense | ||
was sexually motivated as defined in Section 10 of the Sex | ||
Offender Management Board Act, and the offense was | ||
committed on or
after January 1, 1996: (A) Section 10-1 | ||
(kidnapping), (B) Section 10-2 (aggravated kidnapping), | ||
(C) Section 10-3 (unlawful restraint), and (D) Section | ||
10-3.1 (aggravated unlawful restraint); and | ||
(4) Section 10-5(b)(10) (child abduction committed by | ||
luring or
attempting to lure a child under the age of 16 | ||
into a motor vehicle, building,
house trailer, or dwelling | ||
place without the consent of the parent or lawful
custodian | ||
of the child for other than a lawful purpose and the | ||
offense was
committed on or after January 1, 1998, provided | ||
the offense was sexually motivated as defined in Section 10 | ||
of the Sex Offender Management Board Act). |
(E-10) As used in this Article, "sexual predator" also | ||
means a person required to register in another State due to a | ||
conviction, adjudication or other action of any court | ||
triggering an obligation to register as a sex offender, sexual | ||
predator, or substantially similar status under the laws of | ||
that State. | ||
(F) As used in this Article, "out-of-state student" means | ||
any sex
offender, as defined in this Section,
or sexual | ||
predator who is enrolled in Illinois, on a full-time or | ||
part-time
basis, in any public or private educational | ||
institution, including, but not
limited to, any secondary | ||
school, trade or professional institution, or
institution of | ||
higher learning.
| ||
(G) As used in this Article, "out-of-state employee" means | ||
any sex
offender, as defined in this Section,
or sexual | ||
predator who works in Illinois, regardless of whether the | ||
individual
receives payment for services performed, for a | ||
period of time of 10 or more days
or for an aggregate period of | ||
time of 30 or more days
during any calendar year.
Persons who | ||
operate motor vehicles in the State accrue one day of | ||
employment
time for any portion of a day spent in Illinois.
| ||
(H) As used in this Article, "school" means any public or | ||
private educational institution, including, but not limited | ||
to, any elementary or secondary school, trade or professional | ||
institution, or institution of higher education. | ||
(I) As used in this Article, "fixed residence" means any |
and all places that a sex offender resides for an aggregate | ||
period of time of 5 or more days in a calendar year.
| ||
(J) As used in this Article, "Internet protocol address" | ||
means the string of numbers by which a location on the Internet | ||
is identified by routers or other computers connected to the | ||
Internet. | ||
(Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; | ||
96-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; | ||
97-1073, eff. 1-1-13; 97-1098, eff. 1-1-13; 97-1109, eff. | ||
1-1-13; revised 9-20-12.) | ||
(730 ILCS 150/3) | ||
Sec. 3. Duty to register.
| ||
(a) A sex offender, as defined in Section 2 of this Act, or | ||
sexual
predator shall, within the time period
prescribed in | ||
subsections (b) and (c), register in person
and provide | ||
accurate information as required by the Department of State
| ||
Police. Such information shall include a current photograph,
| ||
current address,
current place of employment, the sex | ||
offender's or sexual predator's telephone number, including | ||
cellular telephone number, the employer's telephone number, | ||
school attended, all e-mail addresses, instant messaging | ||
identities, chat room identities, and other Internet | ||
communications identities that the sex offender uses or plans | ||
to use, all Uniform Resource Locators (URLs) registered or used | ||
by the sex offender, all blogs and other Internet sites |
maintained by the sex offender or to which the sex offender has | ||
uploaded any content or posted any messages or information, | ||
extensions of the time period for registering as provided in | ||
this Article and, if an extension was granted, the reason why | ||
the extension was granted and the date the sex offender was | ||
notified of the extension. The information shall also include a | ||
copy of the terms and conditions of parole or release signed by | ||
the sex offender and given to the sex offender by his or her | ||
supervising officer, the county of conviction, license plate | ||
numbers for every vehicle registered in the name of the sex | ||
offender, the age of the sex offender at the time of the | ||
commission of the offense, the age of the victim at the time of | ||
the commission of the offense, and any distinguishing marks | ||
located on the body of the sex offender. A sex offender | ||
convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||
11-21 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||
shall provide all Internet protocol (IP) addresses in his or | ||
her residence, registered in his or her name, accessible at his | ||
or her place of employment, or otherwise under his or her | ||
control or custody. If the sex offender is a child sex offender | ||
as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 , the sex offender shall | ||
report to the registering agency whether he or she is living in | ||
a household with a child under 18 years of age who is not his or | ||
her own child, provided that his or her own child is not the | ||
victim of the sex offense. The sex offender or
sexual predator |
shall register:
| ||
(1) with the chief of police in the municipality in | ||
which he or she
resides or is temporarily domiciled for a | ||
period of time of 3 or more
days, unless the
municipality | ||
is the City of Chicago, in which case he or she shall | ||
register
at the Chicago Police Department Headquarters; or
| ||
(2) with the sheriff in the county in which
he or she | ||
resides or is
temporarily domiciled
for a period of time of | ||
3 or more days in an unincorporated
area or, if | ||
incorporated, no police chief exists.
| ||
If the sex offender or sexual predator is employed at or | ||
attends an institution of higher education, he or she shall | ||
also register:
| ||
(i) with: | ||
(A) the chief of police in the municipality in | ||
which he or she is employed at or attends an | ||
institution of higher education, unless the | ||
municipality is the City of Chicago, in which case he | ||
or she shall register at the Chicago Police Department | ||
Headquarters; or | ||
(B) the sheriff in the county in which he or she is | ||
employed or attends an institution of higher education | ||
located in an unincorporated area, or if incorporated, | ||
no police chief exists; and
| ||
(ii) with the public safety or security director of the | ||
institution of higher education which he or she is employed |
at or attends.
| ||
The registration fees shall only apply to the municipality | ||
or county of primary registration, and not to campus | ||
registration. | ||
For purposes of this Article, the place of residence or | ||
temporary
domicile is defined as any and all places where the | ||
sex offender resides
for an aggregate period of time of 3 or | ||
more days during any calendar year.
Any person required to | ||
register under this Article who lacks a fixed address or | ||
temporary domicile must notify, in person, the agency of | ||
jurisdiction of his or her last known address within 3 days | ||
after ceasing to have a fixed residence. | ||
A sex offender or sexual predator who is temporarily absent | ||
from his or her current address of registration for 3 or more | ||
days shall notify the law enforcement agency having | ||
jurisdiction of his or her current registration, including the | ||
itinerary for travel, in the manner provided in Section 6 of | ||
this Act for notification to the law enforcement agency having | ||
jurisdiction of change of address. | ||
Any person who lacks a fixed residence must report weekly, | ||
in person, with the sheriff's office of the county in which he | ||
or she is located in an unincorporated area, or with the chief | ||
of police in the municipality in which he or she is located. | ||
The agency of jurisdiction will document each weekly | ||
registration to include all the locations where the person has | ||
stayed during the past 7 days.
|
The sex offender or sexual predator shall provide accurate | ||
information
as required by the Department of State Police. That | ||
information shall include
the sex offender's or sexual | ||
predator's current place of employment.
| ||
(a-5) An out-of-state student or out-of-state employee | ||
shall,
within 3 days after beginning school or employment in | ||
this State,
register in person and provide accurate information | ||
as required by the
Department of State Police. Such information | ||
will include current place of
employment, school attended, and | ||
address in state of residence. A sex offender convicted under | ||
Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 shall | ||
provide all Internet protocol (IP) addresses in his or her | ||
residence, registered in his or her name, accessible at his or | ||
her place of employment, or otherwise under his or her control | ||
or custody. The out-of-state student or out-of-state employee | ||
shall register:
| ||
(1) with: | ||
(A) the chief of police in the municipality in | ||
which he or she attends school or is employed for a | ||
period of time of 5
or more days or for an
aggregate | ||
period of time of more than 30 days during any
calendar | ||
year, unless the
municipality is the City of Chicago, | ||
in which case he or she shall register at
the Chicago | ||
Police Department Headquarters; or
| ||
(B) the sheriff in the county in which
he or she |
attends school or is
employed for a period of time of 5 | ||
or more days or
for an aggregate period of
time of more | ||
than 30 days during any calendar year in an
| ||
unincorporated area
or, if incorporated, no police | ||
chief exists; and | ||
(2) with the public safety or security director of the | ||
institution of higher education he or she is employed at or | ||
attends for a period of time of 5 or more days or for an | ||
aggregate period of time of more than 30 days during a | ||
calendar year. | ||
The registration fees shall only apply to the municipality | ||
or county of primary registration, and not to campus | ||
registration. | ||
The out-of-state student or out-of-state employee shall | ||
provide accurate
information as required by the Department of | ||
State Police. That information
shall include the out-of-state | ||
student's current place of school attendance or
the | ||
out-of-state employee's current place of employment.
| ||
(a-10) Any law enforcement agency registering sex | ||
offenders or sexual predators in accordance with subsections | ||
(a) or (a-5) of this Section shall forward to the Attorney | ||
General a copy of sex offender registration forms from persons | ||
convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||
11-21 of the Criminal Code of 1961 or the Criminal Code of | ||
2012 , including periodic and annual registrations under | ||
Section 6 of this Act. |
(b) Any sex offender, as defined in Section 2 of this Act, | ||
or sexual
predator, regardless of any initial,
prior, or other | ||
registration, shall, within 3 days of beginning school,
or | ||
establishing a
residence, place of employment, or temporary | ||
domicile in
any county, register in person as set forth in | ||
subsection (a)
or (a-5).
| ||
(c) The registration for any person required to register | ||
under this
Article shall be as follows:
| ||
(1) Any person registered under the Habitual Child Sex | ||
Offender
Registration Act or the Child Sex Offender | ||
Registration Act prior to January
1, 1996, shall be deemed | ||
initially registered as of January 1, 1996; however,
this | ||
shall not be construed to extend the duration of | ||
registration set forth
in Section 7.
| ||
(2) Except as provided in subsection (c)(2.1) or | ||
(c)(4), any person convicted or
adjudicated prior to | ||
January 1, 1996, whose liability for registration under
| ||
Section 7 has not expired, shall register in person prior | ||
to January 31,
1996.
| ||
(2.1) A sex offender or sexual predator, who has never | ||
previously been required to register under this Act, has a | ||
duty to register if the person has been convicted of any | ||
felony offense after July 1, 2011. A person who previously | ||
was required to register under this Act for a period of 10 | ||
years and successfully completed that registration period | ||
has a duty to register if: (i) the person has been |
convicted of any felony offense after July 1, 2011, and | ||
(ii) the offense for which the 10 year registration was | ||
served currently requires a registration period of more | ||
than 10 years. Notification of an offender's duty to | ||
register under this subsection shall be pursuant to Section | ||
5-7 of this Act. | ||
(2.5) Except as provided in subsection (c)(4), any | ||
person who has not
been notified of his or her | ||
responsibility to register shall be notified by a
criminal | ||
justice entity of his or her responsibility to register. | ||
Upon
notification the person must then register within 3 | ||
days of notification of
his or her requirement to register. | ||
Except as provided in subsection (c)(2.1), if notification | ||
is not made within the
offender's 10 year registration | ||
requirement, and the Department of State
Police determines | ||
no evidence exists or indicates the offender attempted to
| ||
avoid registration, the offender will no longer be required | ||
to register under
this Act.
| ||
(3) Except as provided in subsection (c)(4), any person | ||
convicted on
or after January 1, 1996, shall register in | ||
person within 3 days after the
entry of the sentencing | ||
order based upon his or her conviction.
| ||
(4) Any person unable to comply with the registration | ||
requirements of
this Article because he or she is confined, | ||
institutionalized,
or imprisoned in Illinois on or after | ||
January 1, 1996, shall register in person
within 3 days of |
discharge, parole or release.
| ||
(5) The person shall provide positive identification | ||
and documentation
that substantiates proof of residence at | ||
the registering address.
| ||
(6) The person shall pay a $100
initial registration | ||
fee and
a $100
annual
renewal fee. The fees shall be used | ||
by the registering agency for official
purposes. The agency | ||
shall establish procedures to document receipt and use
of | ||
the funds.
The law enforcement agency having jurisdiction | ||
may waive the registration fee
if it determines that the | ||
person is indigent and unable to pay the registration
fee. | ||
Thirty-five
dollars for the initial registration fee and | ||
$35 of the annual renewal fee
shall be used by the | ||
registering agency for official purposes. Five dollars of
| ||
the initial registration fee and $5 of the annual fee shall | ||
be deposited into
the Sex Offender Management Board Fund | ||
under Section 19 of the Sex Offender
Management Board Act. | ||
Money deposited into the Sex Offender Management Board
Fund | ||
shall be administered by the Sex Offender Management Board | ||
and shall be
used by the Board to comply with the | ||
provisions of the Sex Offender Management Board Act.
Thirty | ||
dollars of the initial registration fee and $30 of the | ||
annual renewal fee shall be deposited into the Sex Offender | ||
Registration Fund and shall be used by the Department of | ||
State Police to maintain and update the Illinois State | ||
Police Sex Offender Registry. Thirty dollars of the initial |
registration fee and $30 of the annual renewal fee shall be | ||
deposited into the Attorney General Sex Offender | ||
Awareness, Training, and Education Fund. Moneys deposited | ||
into the Fund shall be used by the Attorney General to | ||
administer the I-SORT program and to alert and educate the | ||
public, victims, and witnesses of their rights under | ||
various victim notification laws and for training law | ||
enforcement agencies, State's Attorneys, and medical | ||
providers of their legal duties concerning the prosecution | ||
and investigation of sex offenses. | ||
(d) Within 3 days after obtaining or changing employment | ||
and, if employed
on January 1, 2000, within 5 days after that | ||
date, a person required to
register under this Section must | ||
report, in person to the law
enforcement agency having | ||
jurisdiction, the business name and address where he
or she is | ||
employed. If the person has multiple businesses or work | ||
locations,
every business and work location must be reported to | ||
the law enforcement agency
having jurisdiction.
| ||
(Source: P.A. 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; | ||
96-1097, eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. | ||
1-1-11; 96-1551, eff. 7-1-11; 97-155, eff 1-1-12; 97-333, eff. | ||
8-12-11; 97-578, eff. 1-1-12; 97-1098, eff. 1-1-13; 97-1109, | ||
eff. 1-1-13.)
| ||
(730 ILCS 150/6)
| ||
Sec. 6. Duty to report; change of address, school, or |
employment; duty
to inform.
A person who has been adjudicated | ||
to be sexually dangerous or is a sexually
violent person and is | ||
later released, or found to be no longer sexually
dangerous or | ||
no longer a sexually violent person and discharged, or | ||
convicted of a violation of this Act after July 1, 2005, shall | ||
report in
person to the law enforcement agency with whom he or | ||
she last registered no
later than 90 days after the date of his | ||
or her last registration and every 90
days thereafter and at | ||
such other times at the request of the law enforcement agency | ||
not to exceed 4 times a year. Such sexually dangerous or | ||
sexually
violent person must report all new or changed e-mail | ||
addresses, all new or changed instant messaging identities, all | ||
new or changed chat room identities, and all other new or | ||
changed Internet communications identities that the sexually | ||
dangerous or sexually
violent person uses or plans to use, all | ||
new or changed Uniform Resource Locators (URLs) registered or | ||
used by the sexually dangerous or sexually
violent person, and | ||
all new or changed blogs and other Internet sites maintained by | ||
the sexually dangerous or sexually
violent person or to which | ||
the sexually dangerous or sexually
violent person has uploaded | ||
any content or posted any messages or information. Any person | ||
who lacks a fixed residence must report weekly, in person, to | ||
the appropriate law enforcement agency where the sex offender | ||
is located. Any other person who is required to register under | ||
this
Article shall report in person to the appropriate law | ||
enforcement agency with
whom he or she last registered within |
one year from the date of last
registration and every year | ||
thereafter and at such other times at the request of the law | ||
enforcement agency not to exceed 4 times a year. If any person | ||
required to register under this Article lacks a fixed residence | ||
or temporary domicile, he or she must notify, in person, the | ||
agency of jurisdiction of his or her last known address within | ||
3 days after ceasing to have a fixed residence and if the | ||
offender leaves the last jurisdiction of residence, he or she, | ||
must within 3 days after leaving register in person with the | ||
new agency of jurisdiction. If any other person required to | ||
register
under this Article changes his or her residence | ||
address, place of
employment,
telephone number, cellular | ||
telephone number, or school, he or she shall report in
person, | ||
to the law
enforcement agency
with whom he or she last | ||
registered, his or her new address, change in
employment, | ||
telephone number, cellular telephone number, or school, all new | ||
or changed e-mail addresses, all new or changed instant | ||
messaging identities, all new or changed chat room identities, | ||
and all other new or changed Internet communications identities | ||
that the sex offender uses or plans to use, all new or changed | ||
Uniform Resource Locators (URLs) registered or used by the sex | ||
offender, and all new or changed blogs and other Internet sites | ||
maintained by the sex offender or to which the sex offender has | ||
uploaded any content or posted any messages or information, and | ||
register, in person, with the appropriate law enforcement
| ||
agency within the
time period specified in Section 3. If the |
sex offender is a child sex offender as defined in Section | ||
11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 , the sex offender shall within 3 days after | ||
beginning to reside in a household with a child under 18 years | ||
of age who is not his or her own child, provided that his or her | ||
own child is not the victim of the sex offense, report that | ||
information to the registering law enforcement agency. The law | ||
enforcement agency shall, within 3
days of the reporting in | ||
person by the person required to register under this Article, | ||
notify the Department of State Police of the new place of | ||
residence, change in
employment, telephone number, cellular | ||
telephone number, or school. | ||
If any person required to register under this Article | ||
intends to establish a
residence or employment outside of the | ||
State of Illinois, at least 10 days
before establishing that | ||
residence or employment, he or she shall report in person to | ||
the law enforcement agency with which he or she last registered | ||
of his
or her out-of-state intended residence or employment. | ||
The law enforcement agency with
which such person last | ||
registered shall, within 3 days after the reporting in person | ||
of the person required to register under this Article of an | ||
address or
employment change, notify the Department of State | ||
Police. The Department of
State Police shall forward such | ||
information to the out-of-state law enforcement
agency having | ||
jurisdiction in the form and manner prescribed by the
| ||
Department of State Police. |
(Source: P.A. 96-1094, eff. 1-1-11; 96-1104, eff. 1-1-11; | ||
97-333, eff. 8-12-11.)
| ||
(730 ILCS 150/8) (from Ch. 38, par. 228)
| ||
Sec. 8. Registration and DNA submission requirements. | ||
(a) Registration. Registration as required by this
Article | ||
shall consist of a statement in writing signed by the person | ||
giving the
information that is required by the Department of | ||
State Police, which may
include the fingerprints and must | ||
include a current photograph of the person, to be updated | ||
annually. If the sex offender is a child sex offender as | ||
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 , he or she shall sign a | ||
statement that he or she understands that according to Illinois | ||
law as a child sex offender he or she may not reside within 500 | ||
feet of a school, park, or playground. The offender may also | ||
not reside within 500 feet of a facility providing services | ||
directed exclusively toward persons under 18 years of age | ||
unless the sex offender meets specified exemptions. The
| ||
registration
information must include whether the person is a | ||
sex offender as
defined
in the Sex Offender Community | ||
Notification
Law. Within 3
days, the
registering law | ||
enforcement agency shall forward any
required information to | ||
the Department of State Police. The registering
law enforcement | ||
agency shall
enter the information into the Law Enforcement | ||
Agencies Data System (LEADS) as
provided in Sections 6 and 7 of |
the Intergovernmental Missing Child Recovery
Act of 1984.
| ||
(b) DNA submission. Every person registering as a sex | ||
offender _pursuant to this Act, regardless of the date of | ||
conviction or the date of initial registration who is required | ||
to submit specimens of blood, saliva, or tissue for DNA | ||
analysis as required by subsection (a) of Section 5-4-3 of the | ||
Unified Code of Corrections shall submit the specimens as | ||
required by that Section. Registered sex offenders who have | ||
previously submitted a DNA specimen which has been uploaded to | ||
the Illinois DNA database shall not be required to submit an | ||
additional specimen pursuant to this Section. | ||
(Source: P.A. 97-383, eff. 1-1-12.)
| ||
Section 695. The Murderer and Violent Offender Against | ||
Youth Registration Act is amended by changing Section 5 as | ||
follows:
| ||
(730 ILCS 154/5)
| ||
Sec. 5. Definitions. | ||
(a) As used in this Act, "violent offender against youth" | ||
means any person who is: | ||
(1) charged pursuant to Illinois law, or any | ||
substantially similar
federal, Uniform Code of Military | ||
Justice, sister state, or foreign country
law,
with a | ||
violent offense against youth set forth
in subsection (b) | ||
of this Section or the attempt to commit an included |
violent
offense against youth, and: | ||
(A) is convicted of such offense or an attempt to | ||
commit such offense;
or | ||
(B) is found not guilty by reason of insanity of | ||
such offense or an
attempt to commit such offense; or | ||
(C) is found not guilty by reason of insanity | ||
pursuant to subsection (c) of Section
104-25 of the | ||
Code of Criminal Procedure of 1963 of such offense or | ||
an
attempt to commit such offense; or | ||
(D) is the subject of a finding not resulting in an | ||
acquittal at a
hearing conducted pursuant to | ||
subsection (a) of Section 104-25 of the Code of | ||
Criminal
Procedure of 1963 for the alleged commission | ||
or attempted commission of such
offense; or | ||
(E) is found not guilty by reason of insanity | ||
following a hearing
conducted pursuant to a federal, | ||
Uniform Code of Military Justice, sister
state, or | ||
foreign country law
substantially similar to | ||
subsection (c) of Section 104-25 of the Code of | ||
Criminal Procedure
of 1963 of such offense or of the | ||
attempted commission of such offense; or | ||
(F) is the subject of a finding not resulting in an | ||
acquittal at a
hearing conducted pursuant to a federal, | ||
Uniform Code of Military Justice,
sister state, or | ||
foreign country law
substantially similar to | ||
subsection (c) of Section 104-25 of the Code of |
Criminal Procedure
of 1963 for the alleged violation or | ||
attempted commission of such offense;
or | ||
(2) adjudicated a juvenile delinquent as the result of | ||
committing or
attempting to commit an act which, if | ||
committed by an adult, would constitute
any of the offenses | ||
specified in subsection (b) or (c-5) of this Section or a
| ||
violation of any substantially similar federal, Uniform | ||
Code of Military
Justice, sister state, or foreign
country | ||
law, or found guilty under Article V of the Juvenile Court | ||
Act of 1987
of committing or attempting to commit an act | ||
which, if committed by an adult,
would constitute any of | ||
the offenses specified in subsection (b) or (c-5) of
this | ||
Section or a violation of any substantially similar | ||
federal, Uniform Code
of Military Justice, sister state,
or | ||
foreign country law. | ||
Convictions that result from or are connected with the same | ||
act, or result
from offenses committed at the same time, shall | ||
be counted for the purpose of
this Act as one conviction. Any | ||
conviction set aside pursuant to law is
not a conviction for | ||
purposes of this Act. | ||
For purposes of this Section, "convicted" shall have the | ||
same meaning as
"adjudicated". For the purposes of this Act, a | ||
person who is defined as a violent offender against youth as a | ||
result of being adjudicated a juvenile delinquent under | ||
paragraph (2) of this subsection (a) upon attaining 17 years of | ||
age shall be considered as having committed the violent offense |
against youth on or after the 17th birthday of the violent | ||
offender against youth. Registration of juveniles upon | ||
attaining 17 years of age shall not extend the original | ||
registration of 10 years from the date of conviction. | ||
(b) As used in this Act, "violent offense against youth" | ||
means: | ||
(1) A violation of any of the following Sections of the
| ||
Criminal Code of 1961 or the Criminal Code of 2012 , when | ||
the victim is a person under 18 years of age and the | ||
offense was committed on or
after January 1, 1996: | ||
10-1 (kidnapping), | ||
10-2 (aggravated kidnapping), | ||
10-3 (unlawful restraint), | ||
10-3.1 (aggravated unlawful restraint). | ||
An attempt to commit any of these offenses. | ||
(2) First degree murder under Section 9-1 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 ,
when | ||
the victim was a person under 18 years of age and the | ||
defendant was at least
17 years of age at the time of the | ||
commission of the offense. | ||
(3) Child abduction under paragraph (10) of subsection
| ||
(b) of Section 10-5 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 committed by luring or
attempting to | ||
lure a child under the age of 16 into a motor vehicle, | ||
building,
house trailer, or dwelling place without the | ||
consent of the parent or lawful
custodian of the child for |
other than a lawful purpose and the offense was
committed | ||
on or after January 1, 1998. | ||
(4) A violation or attempted violation of the following | ||
Section
of the Criminal Code of 1961 or the Criminal Code | ||
of 2012 when the offense was committed on or after July
1, | ||
1999: | ||
10-4 (forcible detention, if the victim is under 18 | ||
years of age). | ||
(4.1) Involuntary manslaughter under Section 9-3 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012 | ||
where baby shaking was the proximate cause of death of the | ||
victim of the offense. | ||
(4.2) Endangering the life or health of a child under | ||
Section 12-21.6 or 12C-5 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 that results in the death of the | ||
child where baby shaking was the proximate cause of the | ||
death of the child. | ||
(4.3) Domestic battery resulting in bodily harm under | ||
Section 12-3.2 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 when the defendant was 18 years or older and | ||
the victim was under 18 years of age and the offense was | ||
committed on or after July 26, 2010. | ||
(4.4) A violation or attempted violation of any of the
| ||
following Sections or clauses of the Criminal Code of 1961 | ||
or the Criminal Code of 2012 when the victim was under 18 | ||
years of age and the offense was committed on or after (1) |
July 26, 2000 if the defendant was 18 years of age or older | ||
or (2) July 26, 2010 and the defendant was under the age of | ||
18: | ||
12-3.3 (aggravated domestic battery), | ||
12-3.05(a)(1), 12-3.05(d)(2), 12-3.05(f)(1), | ||
12-4(a), 12-4(b)(1) , or 12-4(b)(14) (aggravated | ||
battery), | ||
12-3.05(a)(2) or 12-4.1 (heinous battery), | ||
12-3.05(b) or 12-4.3 (aggravated battery of a | ||
child), | ||
12-3.1(a-5) or 12-4.4 (aggravated battery of an | ||
unborn child), | ||
12-33 (ritualized abuse of a child). | ||
(4.5) A violation or attempted violation of any of the
| ||
following Sections of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 when the victim was under 18 years of | ||
age and the offense was committed on or after (1) August 1, | ||
2001 if the defendant was 18 years of age or older or (2) | ||
August 1, 2011 and the defendant was under the age of 18: | ||
12-3.05(e)(1), (2), (3), or (4) or 12-4.2 | ||
(aggravated battery with a firearm), | ||
12-3.05(e)(5), (6), (7), or (8) or 12-4.2-5 | ||
(aggravated battery with a machine gun), | ||
12-11 or 19-6 (home invasion). | ||
(5) A violation of any former law of this State | ||
substantially equivalent
to any offense listed in this |
subsection (b). | ||
(b-5) For the purposes of this Section, "first degree | ||
murder of an adult" means first degree murder under Section 9-1 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012 when | ||
the victim was a person 18 years of age or older at the time of | ||
the commission of the offense. | ||
(c) A conviction for an offense of federal law, Uniform | ||
Code of Military
Justice, or the law of another state
or a | ||
foreign country that is substantially equivalent to any offense | ||
listed
in subsections (b) and (c-5) of this Section shall
| ||
constitute a
conviction for the purpose
of this Act. | ||
(c-5) A person at least 17 years of age at the time of the | ||
commission of
the offense who is convicted of first degree | ||
murder under Section 9-1 of the
Criminal Code of 1961 or the | ||
Criminal Code of 2012 , against a person
under 18 years of age, | ||
shall be required to register
for natural life.
A conviction | ||
for an offense of federal, Uniform Code of Military Justice,
| ||
sister state, or foreign country law that is substantially | ||
equivalent to any
offense listed in this subsection (c-5) shall | ||
constitute a
conviction for the purpose of this Act. This | ||
subsection (c-5) applies to a person who committed the offense | ||
before June 1, 1996 only if the person is incarcerated in an | ||
Illinois Department of Corrections facility on August 20, 2004. | ||
(c-6) A person who is convicted or adjudicated delinquent | ||
of first degree murder of an adult shall be required to | ||
register for a period of 10 years after conviction or |
adjudication if not confined to a penal institution, hospital, | ||
or any other institution or facility, and if confined, for a | ||
period of 10 years after parole, discharge, or release from any | ||
such facility. A conviction for an offense of federal, Uniform | ||
Code of Military Justice, sister state, or foreign country law | ||
that is substantially equivalent to any offense listed in | ||
subsection (c-6) of this Section shall constitute a conviction | ||
for the purpose of this Act. This subsection (c-6) does not | ||
apply to those individuals released from incarceration more | ||
than 10 years prior to January 1, 2012 (the effective date of | ||
Public Act 97-154). | ||
(d) As used in this Act, "law enforcement agency having | ||
jurisdiction"
means the Chief of Police in each of the | ||
municipalities in which the violent offender against youth
| ||
expects to reside, work, or attend school (1) upon his or her | ||
discharge,
parole or release or
(2) during the service of his | ||
or her sentence of probation or conditional
discharge, or the | ||
Sheriff of the county, in the event no Police Chief exists
or | ||
if the offender intends to reside, work, or attend school in an
| ||
unincorporated area.
"Law enforcement agency having | ||
jurisdiction" includes the location where
out-of-state | ||
students attend school and where out-of-state employees are
| ||
employed or are otherwise required to register. | ||
(e) As used in this Act, "supervising officer" means the | ||
assigned Illinois Department of Corrections parole agent or | ||
county probation officer. |
(f) As used in this Act, "out-of-state student" means any | ||
violent
offender against youth who is enrolled in Illinois, on | ||
a full-time or part-time
basis, in any public or private | ||
educational institution, including, but not
limited to, any | ||
secondary school, trade or professional institution, or
| ||
institution of higher learning. | ||
(g) As used in this Act, "out-of-state employee" means any | ||
violent
offender against youth who works in Illinois, | ||
regardless of whether the individual
receives payment for | ||
services performed, for a period of time of 10 or more days
or | ||
for an aggregate period of time of 30 or more days
during any | ||
calendar year.
Persons who operate motor vehicles in the State | ||
accrue one day of employment
time for any portion of a day | ||
spent in Illinois. | ||
(h) As used in this Act, "school" means any public or | ||
private educational institution, including, but not limited | ||
to, any elementary or secondary school, trade or professional | ||
institution, or institution of higher education. | ||
(i) As used in this Act, "fixed residence" means any and | ||
all places that a violent offender against youth resides for an | ||
aggregate period of time of 5 or more days in a calendar year.
| ||
(j) As used in this Act, "baby shaking" means the
vigorous | ||
shaking of an infant or a young child that may result
in | ||
bleeding inside the head and cause one or more of the
following | ||
conditions: irreversible brain damage; blindness,
retinal | ||
hemorrhage, or eye damage; cerebral palsy; hearing
loss; spinal |
cord injury, including paralysis; seizures;
learning | ||
disability; central nervous system injury; closed
head injury; | ||
rib fracture; subdural hematoma; or death. | ||
(Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10; | ||
97-154, eff. 1-1-12; 97-333, eff. 8-12-11; 97-432, eff. | ||
8-16-11; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; revised | ||
9-20-12.)
| ||
Section 700. The Secure Residential Youth Care Facility | ||
Licensing Act is amended by changing Section 45-30 as follows:
| ||
(730 ILCS 175/45-30)
| ||
Sec. 45-30. License or employment eligibility.
| ||
(a) No applicant may receive a
license from the Department | ||
and no
person may be employed by a licensed facility who | ||
refuses to
authorize an investigation as required by Section | ||
45-25.
| ||
(b) No applicant may receive a license from the Department | ||
and no person may
be employed by a secure residential youth | ||
care facility licensed by the
Department who has
been declared | ||
a sexually dangerous person under the Sexually Dangerous | ||
Persons
Act or convicted of
committing or attempting to commit | ||
any of the following offenses under the
Criminal Code of 1961 | ||
or the Criminal Code of 2012 :
| ||
(1) First degree murder.
| ||
(2) A sex offense under Article 11, except offenses |
described in
Sections 11-7, 11-8, 11-12, 11-13, 11-18, | ||
11-35, 11-40, and 11-45.
| ||
(3) Kidnapping.
| ||
(4) Aggravated kidnapping.
| ||
(5) Child abduction.
| ||
(6) Aggravated battery of a child as described in | ||
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05.
| ||
(7) Criminal sexual assault.
| ||
(8) Aggravated criminal sexual assault.
| ||
(8.1) Predatory criminal sexual assault of a child.
| ||
(9) Criminal sexual abuse.
| ||
(10) Aggravated criminal sexual abuse.
| ||
(11) A federal offense or an offense in any other state | ||
the elements of
which are similar to any of the foregoing | ||
offenses.
| ||
(Source: P.A. 96-1551, Article 1, Section 975, eff. 7-1-11; | ||
96-1551, Article 2, Section 1080, eff. 7-1-11; 97-1109, eff. | ||
1-1-13.) | ||
Section 705. The Code of Civil Procedure is amended by | ||
changing Sections 8-802, 8-802.1, 8-2001.5, 9-106.2, 13-202.1, | ||
13-202.2, and 13-202.3 as follows:
| ||
(735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
| ||
Sec. 8-802. Physician and patient. No physician or surgeon | ||
shall be
permitted to disclose any information he or she may |
have acquired in
attending any patient in a professional | ||
character, necessary to enable him
or her professionally to | ||
serve the patient, except only (1) in trials for
homicide when | ||
the disclosure relates directly to the fact or immediate
| ||
circumstances of the homicide, (2) in actions, civil or | ||
criminal, against
the physician for malpractice, (3) with the | ||
expressed consent of the
patient, or in case of his or her | ||
death or disability, of his or her
personal representative or | ||
other person authorized to sue for personal
injury or of the | ||
beneficiary of an insurance policy on his or her life,
health, | ||
or physical condition, or as authorized by Section 8-2001.5, | ||
(4) in all actions brought by or against the
patient, his or | ||
her personal representative, a beneficiary under a policy
of | ||
insurance, or the executor or administrator of his or her | ||
estate wherein
the patient's physical or mental condition is an | ||
issue, (5) upon an issue
as to the validity of a document as a | ||
will of the patient, (6) in any
criminal action where the | ||
charge is either first degree murder by abortion,
attempted | ||
abortion or abortion, (7) in actions, civil or criminal, | ||
arising
from the filing of a report in compliance with the | ||
Abused and Neglected
Child Reporting Act, (8) to any | ||
department, agency, institution
or facility which has custody | ||
of the patient pursuant to State statute
or any court order of | ||
commitment, (9) in prosecutions where written
results of blood | ||
alcohol tests are admissible pursuant to Section 11-501.4
of | ||
the Illinois Vehicle Code, (10) in prosecutions where written
|
results of blood alcohol tests are admissible under Section | ||
5-11a of the
Boat Registration and Safety Act,
(11) in criminal | ||
actions arising from the filing of a report of suspected
| ||
terrorist offense in compliance with Section 29D-10(p)(7) of | ||
the Criminal Code
of 2012 1961 , or (12) upon the issuance of a | ||
subpoena pursuant to Section 38 of the Medical Practice Act of | ||
1987; the issuance of a subpoena pursuant to Section 25.1 of | ||
the Illinois Dental Practice Act; the issuance of a subpoena | ||
pursuant to Section 22 of the Nursing Home Administrators | ||
Licensing and Disciplinary Act; or the issuance of a subpoena | ||
pursuant to Section 25.5 of the Workers' Compensation Act.
| ||
In the event of a conflict between the application of this | ||
Section
and the Mental Health and Developmental Disabilities | ||
Confidentiality
Act to a specific situation, the provisions of | ||
the Mental Health and
Developmental Disabilities | ||
Confidentiality Act shall control.
| ||
(Source: P.A. 97-18, eff. 6-28-11; 97-623, eff. 11-23-11; | ||
97-813, eff. 7-13-12.)
| ||
(735 ILCS 5/8-802.1) (from Ch. 110, par. 8-802.1)
| ||
Sec. 8-802.1. Confidentiality of Statements Made to Rape | ||
Crisis Personnel.
| ||
(a) Purpose. This Section is intended to protect victims of | ||
rape from
public
disclosure of statements they make in | ||
confidence to counselors of organizations
established to help | ||
them. On or after July 1, 1984, "rape" means an act of
forced |
sexual penetration or sexual conduct, as defined in Section | ||
11-0.1 of
the Criminal Code of 2012 1961, as amended , including | ||
acts prohibited under
Sections 11-1.20 through 11-1.60 or 12-13 | ||
through 12-16 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012 , as amended .
Because of the fear and stigma that often | ||
results from those crimes, many
victims hesitate to seek help | ||
even where it is available at no cost to them.
As a result they | ||
not only fail to receive needed medical care and emergency
| ||
counseling, but may lack the psychological support necessary to | ||
report the
crime and aid police in preventing future crimes.
| ||
(b) Definitions. As used in this Act:
| ||
(1) "Rape crisis organization" means any organization | ||
or association the
major purpose of which is providing | ||
information, counseling, and psychological
support to | ||
victims of any or all of the crimes of aggravated criminal | ||
sexual
assault, predatory criminal sexual assault of a | ||
child, criminal sexual
assault, sexual relations between | ||
siblings, criminal
sexual abuse and aggravated criminal | ||
sexual abuse.
| ||
(2) "Rape crisis counselor" means a person who is a | ||
psychologist,
social worker, employee, or volunteer in any | ||
organization or association
defined as a rape crisis | ||
organization under this Section, who has undergone 40
hours | ||
of training and is under the control of a direct services | ||
supervisor of a
rape crisis organization.
| ||
(3) "Victim" means a person who is the subject of, or |
who seeks
information, counseling, or advocacy services as | ||
a result of an aggravated
criminal sexual assault, | ||
predatory criminal sexual assault of a child,
criminal | ||
sexual assault, sexual relations within
families, criminal | ||
sexual abuse, aggravated criminal sexual abuse, sexual
| ||
exploitation of a child, indecent solicitation of a child, | ||
public indecency,
exploitation of a child, promoting | ||
juvenile prostitution as described in subdivision (a)(4) | ||
of Section 11-14.4, or an attempt to commit any of these | ||
offenses.
| ||
(4) "Confidential communication" means any | ||
communication between a
victim and a rape crisis counselor | ||
in the course of providing information,
counseling, and | ||
advocacy. The term includes all records kept by the | ||
counselor
or by the organization in the course of providing | ||
services to an alleged victim
concerning the alleged victim | ||
and the services provided.
| ||
(c) Waiver of privilege.
| ||
(1) The confidential nature of the communication is not | ||
waived by: the
presence of a third person who further | ||
expresses the interests of the victim at
the time of the | ||
communication; group counseling; or disclosure to a third
| ||
person with the consent of the victim when reasonably | ||
necessary to accomplish
the purpose for which the counselor | ||
is consulted.
| ||
(2) The confidential nature of counseling records is |
not waived when:
the victim inspects the records; or in the | ||
case of a minor child less than
12 years of age, a parent | ||
or guardian whose interests are not adverse to
the minor | ||
inspects the records; or in the case of a minor victim 12 | ||
years
or older, a parent or guardian whose interests are | ||
not adverse to the minor
inspects the records with the | ||
victim's consent, or in the case of an adult who has a | ||
guardian of his or her person, the guardian inspects the | ||
records with the victim's consent.
| ||
(3) When a victim is deceased, the executor
or | ||
administrator of the victim's estate may waive the | ||
privilege
established by this Section, unless the executor | ||
or
administrator has an interest adverse to the victim.
| ||
(4) A minor victim 12 years of age or older may | ||
knowingly waive the
privilege established in this Section. | ||
When a minor is, in the opinion of
the Court, incapable of | ||
knowingly waiving the privilege, the parent or
guardian of | ||
the minor may waive the privilege on behalf of the minor,
| ||
unless the parent or guardian has been charged with a | ||
violent crime against
the victim or otherwise has any | ||
interest adverse to that of the minor with
respect to the | ||
waiver of the privilege.
| ||
(5) An adult victim who has a guardian of his or her | ||
person may knowingly waive the privilege established in | ||
this Section. When the victim is, in the opinion of the | ||
court, incapable of knowingly waiving the privilege, the |
guardian of the adult victim may waive the privilege on | ||
behalf of the victim, unless the guardian has been charged | ||
with a violent crime against the victim or otherwise has | ||
any interest adverse to the victim with respect to the | ||
privilege. | ||
(d) Confidentiality. Except as provided in this Act, no | ||
rape crisis
counselor shall disclose any confidential | ||
communication or be examined as a
witness in any civil or | ||
criminal proceeding as to any confidential
communication | ||
without the written consent of the victim or a representative | ||
of
the victim as provided in subparagraph (c).
| ||
(e) A rape crisis counselor may disclose a confidential | ||
communication
without the consent of the victim if failure to | ||
disclose is likely to
result in a clear, imminent risk of | ||
serious physical injury or death of the
victim or another | ||
person. Any rape crisis counselor or rape crisis
organization | ||
participating in good faith in the disclosing of records and
| ||
communications under this Act shall have immunity from any | ||
liability,
civil, criminal, or otherwise that might result from | ||
the action.
In any proceeding, civil or criminal, arising out | ||
of a disclosure under
this Section, the good faith of any rape | ||
crisis counselor
or rape crisis organization who disclosed the | ||
confidential communication
shall be presumed.
| ||
(f) Any rape crisis counselor who knowingly discloses any | ||
confidential
communication in violation of this Act commits a | ||
Class C misdemeanor.
|
(Source: P.A. 96-1010, eff. 1-1-11; 96-1551, eff. 7-1-11 .)
| ||
(735 ILCS 5/8-2001.5) | ||
Sec. 8-2001.5. Authorization for release of a deceased | ||
patient's records. | ||
(a) In addition to disclosure allowed under Section 8-802, | ||
a deceased person's health care records must be released upon | ||
written request of the executor or administrator of the | ||
deceased person's estate or to an agent appointed by the | ||
deceased under a power of attorney for health care. When no | ||
executor, administrator, or agent exists, and the person did | ||
not specifically object to disclosure of his or her records in | ||
writing, then a deceased person's health care records must be | ||
released upon the written request of a person, who is | ||
considered to be a personal representative of the patient for | ||
the purpose of the release of a deceased patient's health care | ||
records, in one of these categories: | ||
(1) the deceased person's surviving spouse; or | ||
(2) if there is no surviving spouse, any one or more of | ||
the following: (i) an adult son or daughter of the | ||
deceased, (ii) a parent of the deceased, or (iii) an adult | ||
brother or sister of the deceased. | ||
(b) Health care facilities and practitioners are | ||
authorized to provide a copy of a deceased patient's records | ||
based upon a person's payment of the statutory fee and signed | ||
"Authorized Relative Certification", attesting to the fact |
that the person is authorized to receive such records under | ||
this Section. | ||
(c) Any person who, in good faith, relies on a copy of an | ||
Authorized Relative Certification shall have the same | ||
immunities from criminal and civil liability as those who rely | ||
on a power of attorney for health care as provided by Illinois | ||
law. | ||
(d) Upon request for records of a deceased patient, the | ||
named authorized relative shall provide the facility or | ||
practitioner with a certified copy of the death certificate and | ||
a certification in substantially the following form: | ||
AUTHORIZED RELATIVE CERTIFICATION | ||
I, (insert name of authorized relative), certify that I am | ||
an authorized relative of the deceased (insert name of | ||
deceased). (A certified copy of the death certificate must be | ||
attached.) | ||
I certify that to the best of my knowledge and belief that | ||
no executor or administrator has been appointed for the | ||
deceased's estate, that no agent was authorized to act for the | ||
deceased under a power of attorney for health care, and the | ||
deceased has not specifically objected to disclosure in | ||
writing. |
I certify that I am the surviving spouse of the deceased; | ||
or | ||
I certify that there is no surviving spouse and my | ||
relationship to the deceased is (circle one): | ||
(1) An adult son or daughter of the deceased. | ||
(2) Either parent of the deceased. | ||
(3) An adult brother or sister of the deceased. | ||
I certify that I am seeking the records as a personal | ||
representative who is acting in a representative capacity and | ||
who is authorized to seek these records under Section 8-2001.5 | ||
of the Code of Civil Procedure. | ||
This certification is made under penalty of perjury.* | ||
Dated: (insert date) | ||
................................. | ||
(Print Authorized Relative's Name) | ||
................................. | ||
(Authorized Relative's Signature) | ||
................................. | ||
(Authorized Relative's Address) | ||
*(Note: Perjury is defined in Section 32-2 of the Criminal Code |
of 2012 1961 , and is a Class 3 felony.)
| ||
(Source: P.A. 97-623, eff. 11-23-11; 97-867, eff. 7-30-12.) | ||
(735 ILCS 5/9-106.2) | ||
Sec. 9-106.2. Affirmative defense for violence; barring | ||
persons from property. | ||
(a) It shall be an affirmative defense to an action | ||
maintained under this Article IX if the court makes one of the | ||
following findings that the demand for possession is: | ||
(1) based solely on the tenant's, lessee's, or | ||
household member's status as a victim of domestic violence | ||
or sexual violence as those terms are defined in Section 10 | ||
of the Safe Homes Act, stalking as that term is defined in | ||
the Criminal Code of 2012 1961 , or dating violence; | ||
(2) based solely upon an incident of actual or | ||
threatened domestic violence, dating violence, stalking, | ||
or sexual violence against a tenant, lessee, or household | ||
member; | ||
(3) based solely upon criminal activity directly | ||
relating to domestic violence, dating violence, stalking, | ||
or sexual violence engaged in by a member of a tenant's or | ||
lessee's household or any guest or other person under the | ||
tenant's, lessee's, or household member's control, and | ||
against the tenant, lessee, or household member; or | ||
(4) based upon a demand for possession pursuant to | ||
subsection (f) where the tenant, lessee, or household |
member who was the victim of domestic violence, sexual | ||
violence, stalking, or dating violence did not knowingly | ||
consent to the barred person entering the premises or a | ||
valid court order permitted the barred person's entry onto | ||
the premises. | ||
(b) When asserting the affirmative defense, at least one | ||
form of the following types of evidence shall be provided to | ||
support the affirmative defense: medical, court, or police | ||
records documenting the violence or a statement from an | ||
employee of a victim service organization or from a medical | ||
professional from whom the tenant, lessee, or household member | ||
has sought services. | ||
(c) Nothing in subsection (a) shall prevent the landlord | ||
from seeking possession solely against a tenant, household | ||
member, or lessee of the premises who perpetrated the violence | ||
referred to in subsection (a). | ||
(d) Nothing in subsection (a) shall prevent the landlord | ||
from seeking possession against the entire household, | ||
including the tenant, lessee, or household member who is a | ||
victim of domestic violence, dating violence, stalking, or | ||
sexual violence if the tenant, lessee, or household member's | ||
continued tenancy would pose an actual and imminent threat to | ||
other tenants, lessees, household members, the landlord or | ||
their agents at the property. | ||
(e) Nothing in subsection (a) shall prevent the landlord | ||
from seeking possession against the tenant, lessee, or |
household member who is a victim of domestic violence, dating | ||
violence, stalking, or sexual violence if that tenant, lessee, | ||
or household member has committed the criminal activity on | ||
which the demand for possession is based. | ||
(f) A landlord shall have the power to bar the presence of | ||
a person from the premises owned by the landlord who is not a | ||
tenant or lessee or who is not a member of the tenant's or | ||
lessee's household. A landlord bars a person from the premises | ||
by providing written notice to the tenant or lessee that the | ||
person is no longer allowed on the premises. That notice shall | ||
state that if the tenant invites the barred person onto any | ||
portion of the premises, then the landlord may treat this as a | ||
breach of the lease, whether or not this provision is contained | ||
in the lease. Subject to paragraph (4) of subsection (a), the | ||
landlord may evict the tenant. | ||
(g) Further, a landlord may give notice to a person that | ||
the person is barred from the premises owned by the landlord. A | ||
person has received notice from the landlord within the meaning | ||
of this subsection if he has been notified personally, either | ||
orally or in writing including a valid court order as defined | ||
by subsection (7) of Section 112A-3 of the Code of Criminal | ||
Procedure of 1963 granting remedy (2) of subsection (b) of | ||
Section 112A-14 of that Code, or if a printed or written notice | ||
forbidding such entry has been conspicuously posted or | ||
exhibited at the main entrance to such land or the forbidden | ||
part thereof. Any person entering the landlord's premises after |
such notice has been given shall be guilty of criminal trespass | ||
to real property as set forth in Section 21-3 of the Criminal | ||
Code of 2012 1961 . After notice has been given, an invitation | ||
to the person to enter the premises shall be void if made by a | ||
tenant, lessee, or member of the tenant's or lessee's household | ||
and shall not constitute a valid invitation to come upon the | ||
premises or a defense to a criminal trespass to real property.
| ||
(Source: P.A. 96-1188, eff. 7-22-10.)
| ||
(735 ILCS 5/13-202.1) (from Ch. 110, par. 13-202.1)
| ||
Sec. 13-202.1. No limitations on certain actions - Duties | ||
of Department
of Corrections and State's Attorneys. | ||
(a) Notwithstanding any other provision
of law, any action | ||
for damages against a person, however the action may
be | ||
designated, may be brought at any time if --
| ||
(1) the action is based upon conduct of a person which | ||
constituted the
commission of first degree murder, a Class | ||
X felony, or a Class 1
felony as these terms are utilized | ||
at the time of filing of the action; and
| ||
(2) the person was convicted of the first degree | ||
murder, Class X
felony, or Class 1 felony.
| ||
(b) The provisions of this Section are fully applicable to | ||
convictions
based upon defendant's accountability under | ||
Section 5-2 of the Criminal
Code of 1961 or the Criminal Code | ||
of 2012 , approved July 28, 1961, as amended .
| ||
(c) Paragraphs (a) and (b) above shall apply to any cause |
of action
regardless of the date on which the defendant's | ||
conduct is alleged to have
occurred or of the date of any | ||
conviction resulting therefrom. In
addition, this Section | ||
shall be applied retroactively and shall revive
causes of | ||
actions which otherwise may have been barred under limitations
| ||
provisions in effect prior to the enactment and/or effect of | ||
P.A. 84-1450.
| ||
(d) Whenever there is any settlement, verdict or judgment | ||
in excess
of $500 in any court against the Department of | ||
Corrections or any past or
present employee or official in | ||
favor of any person for damages incurred while
the person was | ||
committed to the Department of Corrections, the Department
| ||
within 14 days of the settlement, verdict or judgment shall | ||
notify the State's
Attorney of the county from which the person | ||
was committed to the Department.
The State's Attorney shall in | ||
turn within 14 days after receipt of the notice send the same | ||
notice to the
person or persons who were the victim or victims | ||
of the crime for which the
offender was committed, at their | ||
last known address, along with the information that the victim | ||
or victims
should contact a private attorney to advise them of | ||
their rights under the law. | ||
(e) Whenever there is any settlement, verdict or judgment | ||
in excess of $500 in any court against any county or county | ||
sheriff or any past or present employee or official in favor of | ||
any person for damages incurred while the person was | ||
incarcerated in any county jail, the county or county sheriff, |
within 14 days of the settlement, verdict or judgment shall | ||
notify the State's Attorney of the county from which the person | ||
was incarcerated in the county jail. The State's Attorney shall | ||
within 14 days of receipt of the notice send the same notice to | ||
the person or persons who were the victim or victims of the | ||
crime for which the offender was committed, at their last known | ||
address, along with the information that the victim or victims | ||
should contact a private attorney to advise them of their | ||
rights under the law.
| ||
(f) No civil action may be brought by anyone against the | ||
Department of
Corrections, a State's Attorney, a County, a | ||
county sheriff, or any past or present employee or
agent | ||
thereof for any alleged violation by any such entity or person | ||
of the
notification requirements imposed by paragraph (d) or | ||
(e).
| ||
(Source: P.A. 95-975, eff. 1-1-09.)
| ||
(735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
| ||
Sec. 13-202.2. Childhood sexual abuse.
| ||
(a) In this Section:
| ||
"Childhood sexual abuse" means an act of sexual
abuse that | ||
occurs when the person abused is under 18 years of age.
| ||
"Sexual abuse" includes but is not limited to sexual | ||
conduct and sexual
penetration as defined in Section 11-0.1 of | ||
the Criminal Code of 2012 1961 .
| ||
(b) Notwithstanding any other provision of law, an action |
for damages
for personal injury based on childhood sexual
abuse | ||
must be commenced within 20 years of the date the limitation | ||
period
begins to run under subsection (d) or within 20 years of
| ||
the date the person abused
discovers or through the use of | ||
reasonable diligence should discover both
(i) that
the act of | ||
childhood sexual abuse occurred and (ii) that the injury was
| ||
caused
by the childhood sexual abuse.
The fact that the person | ||
abused discovers or through the use of reasonable
diligence | ||
should discover that the act of childhood sexual abuse occurred | ||
is
not, by itself, sufficient to start the discovery period | ||
under this subsection
(b). Knowledge of the abuse does not | ||
constitute discovery of the injury
or the causal relationship | ||
between any later-discovered injury and the abuse.
| ||
(c) If the injury is caused by 2 or more acts of childhood | ||
sexual
abuse that are part of a continuing series of acts of | ||
childhood sexual
abuse by the same abuser, then the discovery | ||
period under subsection
(b) shall be computed from the date the | ||
person abused discovers or through
the use of reasonable | ||
diligence should discover both (i) that the last act
of
| ||
childhood sexual abuse in the continuing series occurred and | ||
(ii) that the
injury was caused by any act of childhood sexual | ||
abuse in the continuing
series.
The fact that the person abused | ||
discovers or through the use of reasonable
diligence should | ||
discover that the last act of childhood sexual abuse in the
| ||
continuing series occurred is not, by itself, sufficient to | ||
start the discovery
period under subsection (b). Knowledge of |
the abuse does not constitute
discovery of the injury
or the | ||
causal relationship between any later-discovered injury and | ||
the abuse.
| ||
(d) The limitation periods under subsection (b) do not | ||
begin to run
before the person abused attains the age of 18 | ||
years; and, if at the time
the person abused attains the age of | ||
18 years he or she is under other
legal disability, the | ||
limitation periods under subsection (b) do not begin
to run | ||
until the removal of the disability.
| ||
(d-1) The limitation periods in subsection (b) do not run | ||
during a time
period
when the person abused is subject to | ||
threats, intimidation,
manipulation, or fraud perpetrated by | ||
the abuser or by any person acting in the
interest of the | ||
abuser.
| ||
(e) This Section applies to actions pending on the | ||
effective date of
this amendatory Act of 1990 as well as to | ||
actions commenced on or after
that date. The changes made by | ||
this amendatory Act of 1993 shall apply only
to actions | ||
commenced on or after the effective date of this amendatory Act | ||
of
1993.
The changes made by this amendatory Act of the 93rd | ||
General Assembly apply to
actions pending on the effective date
| ||
of this amendatory Act of the 93rd General
Assembly as well as | ||
actions commenced on or after that date. The changes made by | ||
this amendatory Act of the 96th General Assembly apply to | ||
actions commenced on or after the effective date of this | ||
amendatory Act of the 96th General Assembly if the action would |
not have been time barred under any statute of limitations or | ||
statute of repose prior to the effective date of this | ||
amendatory Act of the 96th General Assembly.
| ||
(Source: P.A. 96-1093, eff. 1-1-11; 96-1551, eff. 7-1-11.)
| ||
(735 ILCS 5/13-202.3) | ||
Sec. 13-202.3. For an action arising out of an injury | ||
caused by "sexual conduct" or "sexual penetration" as defined | ||
in Section 11-0.1 of the Criminal Code of 2012 1961 , the | ||
limitation period in Section 13-202 does not run during a time | ||
period when the person injured is subject to threats, | ||
intimidation, manipulation, or fraud perpetrated by the | ||
perpetrator or by a person the perpetrator knew or should have | ||
known was acting in the interest of the perpetrator. This | ||
Section applies to causes of action arising on or after the | ||
effective date of this amendatory Act of the 95th General | ||
Assembly or to causes of action for which the limitation period | ||
has not yet expired.
| ||
(Source: P.A. 95-589, eff. 1-1-08; 96-1551, eff. 7-1-11 .) | ||
Section 710. The Stalking No Contact Order Act is amended | ||
by changing Section 90 as follows: | ||
(740 ILCS 21/90)
| ||
Sec. 90. Accountability for actions of others. For the | ||
purposes of issuing a stalking no contact order, deciding what |
remedies should be included and enforcing the order, Article 5 | ||
of the Criminal Code of 2012 1961 shall govern whether | ||
respondent is legally accountable for the conduct of another | ||
person.
| ||
(Source: P.A. 96-246, eff. 1-1-10.) | ||
Section 715. The Civil No Contact Order Act is amended by | ||
changing Sections 213 and 213.5 as follows:
| ||
(740 ILCS 22/213)
| ||
Sec. 213. Civil no contact order; remedies.
| ||
(a) If the court finds that the petitioner has been a | ||
victim of
non-consensual sexual conduct or non-consensual | ||
sexual penetration, a civil no
contact order shall issue; | ||
provided that the petitioner must also satisfy the
requirements | ||
of Section
214 on emergency orders or Section 215 on plenary | ||
orders. The petitioner
shall not be denied a civil no contact | ||
order because the petitioner or the
respondent is a minor. The | ||
court, when
determining whether or not to issue a civil no | ||
contact order, may not
require physical injury on the person of | ||
the victim.
Modification and extension of prior civil no | ||
contact orders shall be in
accordance with this Act.
| ||
(b) (Blank).
| ||
(b-5) The court may provide relief as follows: | ||
(1) prohibit the respondent from knowingly coming | ||
within, or knowingly remaining within, a specified |
distance from the petitioner; | ||
(2) restrain the respondent from having any contact, | ||
including nonphysical contact, with the petitioner | ||
directly, indirectly, or through third parties, regardless | ||
of whether those third parties know of the order; | ||
(3) prohibit the respondent from knowingly coming | ||
within, or knowingly remaining within, a specified | ||
distance from the petitioner's residence, school, day care | ||
or other specified location; | ||
(4) order the respondent to stay away from any property | ||
or animal owned, possessed, leased, kept, or held by the | ||
petitioner and forbid the respondent from taking, | ||
transferring, encumbering, concealing, harming, or | ||
otherwise disposing of the property or animal; and | ||
(5) order any other injunctive relief as necessary or | ||
appropriate for the protection of the petitioner. | ||
(b-6) When the petitioner and the respondent attend the | ||
same public or private elementary, middle, or high school, the | ||
court when issuing a civil no contact order and providing | ||
relief shall consider the severity of the act, any continuing | ||
physical danger or emotional distress to the petitioner, the | ||
educational rights guaranteed to the petitioner and respondent | ||
under federal and State law, the availability of a transfer of | ||
the respondent to another school, a change of placement or a | ||
change of program of the respondent, the expense, difficulty, | ||
and educational disruption that would be caused by a transfer |
of the respondent to another school, and any other relevant | ||
facts of the case. The court may order that the respondent not | ||
attend the public, private, or non-public elementary, middle, | ||
or high school attended by the petitioner, order that the | ||
respondent accept a change of placement or program, as | ||
determined by the school district or private or non-public | ||
school, or place restrictions on the respondent's movements | ||
within the school attended by the petitioner.
The respondent | ||
bears the burden of proving by a preponderance of the evidence | ||
that a transfer, change of placement, or change of program of | ||
the respondent is not available. The respondent also bears the | ||
burden of production with respect to the expense, difficulty, | ||
and educational disruption that would be caused by a transfer | ||
of the respondent to another school. A transfer, change of | ||
placement, or change of program is not unavailable to the | ||
respondent solely on the ground that the respondent does not | ||
agree with the school district's or private or non-public | ||
school's transfer, change of placement, or change of program or | ||
solely on the ground that the respondent fails or refuses to | ||
consent to or otherwise does not take an action required to | ||
effectuate a transfer, change of placement, or change of | ||
program.
When a court orders a respondent to stay away from the | ||
public, private, or non-public school attended by the | ||
petitioner and the respondent requests a transfer to another | ||
attendance center within the respondent's school district or | ||
private or non-public school, the school district or private or |
non-public school shall have sole discretion to determine the | ||
attendance center to which the respondent is transferred.
In | ||
the event the court order results in a transfer of the minor | ||
respondent to another attendance center, a change in the | ||
respondent's placement, or a change of the respondent's | ||
program, the parents, guardian, or legal custodian of the | ||
respondent is responsible for transportation and other costs | ||
associated with the transfer or change. | ||
(b-7) The court may order the parents, guardian, or legal | ||
custodian of a minor respondent to take certain actions or to | ||
refrain from taking certain actions to ensure that the | ||
respondent complies with the order. In the event the court | ||
orders a transfer of the respondent to another school, the | ||
parents or legal guardians of the respondent are responsible | ||
for transportation and other costs associated with the change | ||
of school by the respondent. | ||
(c) Denial of a remedy may not be based, in whole or in | ||
part, on
evidence that:
| ||
(1) the respondent has cause for any use of force, | ||
unless that
cause satisfies the standards for justifiable | ||
use of force provided
by Article 7 VII of the Criminal Code | ||
of 2012 1961 ;
| ||
(2) the respondent was voluntarily intoxicated;
| ||
(3) the petitioner acted in self-defense or defense of | ||
another,
provided that, if the petitioner utilized force, | ||
such force was
justifiable under Article 7 VII of the |
Criminal Code of 2012 1961 ;
| ||
(4) the petitioner did not act in self-defense or | ||
defense of
another;
| ||
(5) the petitioner left the residence or household to | ||
avoid
further non-consensual sexual conduct or | ||
non-consensual sexual penetration
by the respondent; or
| ||
(6) the petitioner did not leave the residence or | ||
household to
avoid further non-consensual sexual conduct | ||
or non-consensual sexual
penetration by the respondent.
| ||
(d) Monetary damages are not recoverable as a remedy.
| ||
(Source: P.A. 96-311, eff. 1-1-10; 97-294, eff. 1-1-12.)
| ||
(740 ILCS 22/213.5)
| ||
Sec. 213.5. Accountability for actions of others. For the | ||
purposes of
issuing a civil no contact order, deciding what | ||
remedies should be included and
enforcing the order, Article 5 | ||
of the Criminal Code of 2012 1961
shall govern whether | ||
respondent is legally accountable for the conduct of
another | ||
person.
| ||
(Source: P.A. 93-236, eff. 1-1-04.)
| ||
Section 720. The Crime Victims Compensation Act is amended | ||
by changing Sections 2, 6.1, and 14.1 as follows:
| ||
(740 ILCS 45/2) (from Ch. 70, par. 72)
| ||
Sec. 2. Definitions. As used in this Act, unless the |
context
otherwise requires:
| ||
(a) "Applicant" means any person who applies for | ||
compensation under this
Act or any person the Court of Claims | ||
finds is entitled to compensation,
including the guardian of a | ||
minor or of a person under legal disability. It
includes any | ||
person who was a dependent of a deceased victim of a crime of
| ||
violence for his or her support at the time of the death of | ||
that victim.
| ||
(b) "Court of Claims" means the Court of Claims created by | ||
the Court
of Claims Act.
| ||
(c) "Crime of violence" means and includes any offense | ||
defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, | ||
10-2, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-11, | ||
11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,
12-2,
12-3, 12-3.1, | ||
12-3.2,
12-3.3,
12-3.4, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-5, | ||
12-7.1, 12-7.3, 12-7.4, 12-13, 12-14,
12-14.1, 12-15,
12-16, | ||
12-20.5, 12-30, 20-1 or 20-1.1, or Section 12-3.05 except for | ||
subdivision (a)(4) or (g)(1), or subdivision (a)(4) of Section | ||
11-14.4, of the Criminal Code of 1961 or the Criminal Code of | ||
2012 , Sections 1(a) and 1(a-5) of the Cemetery Protection Act, | ||
Section 125 of the Stalking No Contact Order Act, Section 219 | ||
of the Civil No Contact Order Act, driving under
the influence | ||
as defined in Section
11-501 of the Illinois Vehicle Code, a | ||
violation of Section 11-401 of the Illinois Vehicle Code, | ||
provided the victim was a pedestrian or was operating a vehicle | ||
moved solely by human power or a mobility device at the time of |
contact, and a violation of Section 11-204.1 of the Illinois | ||
Vehicle Code; so long as the offense did not occur
during a | ||
civil riot, insurrection or rebellion. "Crime of violence" does | ||
not
include any other offense or accident involving a motor | ||
vehicle except those
vehicle offenses specifically provided | ||
for in this paragraph. "Crime of
violence" does include all of | ||
the offenses specifically provided for in this
paragraph that | ||
occur within this State but are subject to federal jurisdiction
| ||
and crimes involving terrorism as defined in 18 U.S.C. 2331.
| ||
(d) "Victim" means (1) a person killed or injured in this | ||
State as a
result of a crime of violence perpetrated or | ||
attempted against him or her,
(2) the
spouse or parent of a | ||
person killed or injured in this State as a result of a crime | ||
of
violence perpetrated or attempted against the person, (3) a | ||
person killed
or injured in this State while attempting to | ||
assist a person against whom a
crime of violence is being | ||
perpetrated or attempted, if that attempt of
assistance would | ||
be expected of a reasonable person under the circumstances,
(4) | ||
a person killed or injured in this State while assisting a law
| ||
enforcement official apprehend a person who has perpetrated a | ||
crime of
violence or prevent the perpetration of any such crime | ||
if that
assistance was in response to the express request of | ||
the law enforcement
official, (5) a person who personally
| ||
witnessed a violent crime, (5.1) solely
for the purpose of | ||
compensating for pecuniary loss incurred for
psychological | ||
treatment of a mental or emotional condition caused or |
aggravated
by the crime, any other person under the age of 18 | ||
who is the brother, sister,
half brother, half sister, child, | ||
or stepchild
of a person killed or injured in
this State as a
| ||
result of a crime of violence, (6) an Illinois resident
who is | ||
a victim of a "crime of violence" as defined in this Act | ||
except, if
the crime occurred outside this State, the resident | ||
has the same rights
under this Act as if the crime had occurred | ||
in this State upon a showing
that the state, territory, | ||
country, or political subdivision of a country
in which the | ||
crime occurred does not have a compensation of victims of
| ||
crimes law for which that Illinois resident is eligible, (7) a | ||
deceased person whose body is dismembered or whose remains are | ||
desecrated as the result of a crime of violence, or (8) solely | ||
for the purpose of compensating for pecuniary loss incurred for | ||
psychological treatment of a mental or emotional condition | ||
caused or aggravated by the crime, any parent, spouse, or child | ||
under the age of 18 of a deceased person whose body is | ||
dismembered or whose remains are desecrated as the result of a | ||
crime of violence.
| ||
(e) "Dependent" means a relative of a deceased victim who | ||
was wholly or
partially dependent upon the victim's income at | ||
the time of his or her
death
and shall include the child of a | ||
victim born after his or her death.
| ||
(f) "Relative" means a spouse, parent, grandparent, | ||
stepfather, stepmother,
child, grandchild, brother, | ||
brother-in-law, sister, sister-in-law, half
brother, half |
sister, spouse's parent, nephew, niece, uncle or aunt.
| ||
(g) "Child" means an unmarried son or daughter who is under | ||
18 years of
age and includes a stepchild, an adopted child or a | ||
child born out of wedlock.
| ||
(h) "Pecuniary loss" means, in the case of injury, | ||
appropriate medical
expenses and hospital expenses including | ||
expenses of medical
examinations, rehabilitation, medically | ||
required
nursing care expenses, appropriate
psychiatric care | ||
or psychiatric counseling expenses, expenses for care or
| ||
counseling by a licensed clinical psychologist, licensed | ||
clinical social
worker, licensed professional counselor, or | ||
licensed clinical professional counselor and expenses for | ||
treatment by Christian Science practitioners and
nursing care | ||
appropriate thereto; transportation expenses to and from | ||
medical and counseling treatment facilities; prosthetic | ||
appliances, eyeglasses, and
hearing aids necessary or damaged | ||
as a result of the
crime; replacement costs for clothing and | ||
bedding used as evidence; costs
associated with temporary | ||
lodging or relocation necessary as a
result of the crime, | ||
including, but not limited to, the first month's rent and | ||
security deposit of the dwelling that the claimant relocated to | ||
and other reasonable relocation expenses incurred as a result | ||
of the violent crime;
locks or windows necessary or damaged as | ||
a result of the crime; the purchase,
lease, or rental of | ||
equipment necessary to create usability of and
accessibility to | ||
the victim's real and personal property, or the real and
|
personal property which is used by the victim, necessary as a | ||
result of the
crime; the costs of appropriate crime scene | ||
clean-up;
replacement
services loss, to a maximum of $1,250 per | ||
month;
dependents replacement
services loss, to a maximum of | ||
$1,250 per month; loss of tuition paid to
attend grammar school | ||
or high school when the victim had been enrolled as a
student | ||
prior to the injury, or college or graduate school when
the | ||
victim had been enrolled as a day or night student prior to
the | ||
injury when the victim becomes unable to continue attendance at | ||
school
as a result of the crime of violence perpetrated against | ||
him or her; loss
of
earnings, loss of future earnings because | ||
of disability resulting from the
injury, and, in addition, in | ||
the case of death, expenses for funeral, burial, and travel and | ||
transport for survivors
of homicide victims to secure bodies of | ||
deceased victims and to transport
bodies for burial all of | ||
which
may not exceed a maximum of $7,500 and loss of support of | ||
the dependents of
the victim; in the case of dismemberment or | ||
desecration of a body, expenses for funeral and burial, all of | ||
which may not exceed a maximum of $7,500.
Loss of future | ||
earnings shall be reduced by any income from substitute work
| ||
actually performed by the victim or by income he or she would | ||
have earned
in
available appropriate substitute work he or she | ||
was capable of performing
but
unreasonably failed to undertake. | ||
Loss of earnings, loss of future
earnings and loss of support | ||
shall be determined on the basis of the
victim's average net | ||
monthly earnings for the 6 months immediately
preceding the |
date of the injury or on $1,250 per month, whichever is less | ||
or, in cases where the absences commenced more than 3 years | ||
from the date of the crime, on the basis of the net monthly | ||
earnings for the 6 months immediately preceding the date of the | ||
first absence, not to exceed $1,250 per month.
If a divorced or | ||
legally separated applicant is claiming loss of support
for a | ||
minor child of the deceased, the amount of support for each | ||
child
shall be based either on the amount of support
pursuant | ||
to the judgment prior to the date of the deceased
victim's | ||
injury or death, or, if the subject of pending litigation filed | ||
by
or on behalf of the divorced or legally separated applicant | ||
prior to the
injury or death, on the result of that litigation. | ||
Real and personal
property includes, but is not limited to, | ||
vehicles, houses, apartments,
town houses, or condominiums. | ||
Pecuniary loss does not
include pain and suffering or property | ||
loss or damage.
| ||
(i) "Replacement services loss" means expenses reasonably | ||
incurred in
obtaining ordinary and necessary services in lieu | ||
of those the
injured person would have performed, not for | ||
income, but for the benefit
of himself or herself or his or her | ||
family, if he or she had not
been injured.
| ||
(j) "Dependents replacement services loss" means loss | ||
reasonably incurred
by dependents or private legal guardians of | ||
minor dependents after a victim's death in obtaining ordinary | ||
and necessary
services in lieu of those the victim would have | ||
performed, not for income,
but for their benefit, if he or she |
had not been fatally injured.
| ||
(k) "Survivor" means immediate family including a parent, | ||
step-father,
step-mother, child,
brother, sister, or spouse.
| ||
(l) "Parent" means a natural parent, adopted parent, | ||
step-parent, or permanent legal guardian of another person. | ||
(Source: P.A. 96-267, eff. 8-11-09; 96-863, eff. 3-1-10; | ||
96-1551, Article 1, Section 980, eff. 7-1-11; 96-1551, Article | ||
2, Section 1090, eff. 7-1-11; 97-817, eff. 1-1-13; 97-1109, | ||
eff. 1-1-13.)
| ||
(740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
| ||
Sec. 6.1. Right to compensation. A person is entitled to | ||
compensation
under this Act if:
| ||
(a) Within 2 years of the occurrence of the crime, or | ||
within one year after a criminal charge of a person for an | ||
offense, upon
which the claim
is based, he files an | ||
application, under oath, with the Court of Claims and
on a | ||
form prescribed in accordance with Section 7.1 furnished by | ||
the
Attorney General. If the person entitled to | ||
compensation is under 18 years
of age or under other legal | ||
disability at the time of the occurrence or
becomes legally | ||
disabled as a result of the occurrence, he may file the
| ||
application required by this subsection within 2 years | ||
after
he attains
the age of 18 years or the disability is | ||
removed, as the case may be. Legal disability includes a | ||
diagnosis of posttraumatic stress disorder.
|
(b) For all crimes of violence, except those listed in | ||
subsection (b-1) of this Section, the appropriate law | ||
enforcement officials were notified within
72 hours of the | ||
perpetration of the crime allegedly causing the death or
| ||
injury to the victim or, in the event such notification was | ||
made more
than 72 hours after the perpetration of the | ||
crime, the applicant
establishes that such notice was | ||
timely under the circumstances.
| ||
(b-1) For victims of offenses defined in Sections | ||
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, | ||
12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 , the appropriate law enforcement | ||
officials were notified within 7 days of the perpetration | ||
of the crime allegedly causing death or injury to the | ||
victim or, in the event that the notification was made more | ||
than 7 days after the perpetration of the crime, the | ||
applicant establishes that the notice was timely under the | ||
circumstances.
If the applicant or victim has obtained an | ||
order of protection, a civil no contact order, or a | ||
stalking no contact order, or has presented himself or | ||
herself to a hospital for sexual assault evidence | ||
collection and medical care, such action shall constitute | ||
appropriate notification under this subsection (b-1) or | ||
subsection (b) of this Section.
| ||
(c) The applicant has cooperated with law enforcement
| ||
officials in the apprehension and prosecution of the |
assailant. If the applicant or victim has obtained an order | ||
of protection, a civil no contact order, or a stalking no | ||
contact order or has presented himself or herself to a | ||
hospital for sexual assault evidence collection and | ||
medical care, such action shall constitute cooperation | ||
under this subsection (c).
| ||
(d) The applicant is not the offender or an accomplice | ||
of the offender
and the award would not unjustly benefit | ||
the offender or his accomplice.
| ||
(e) The injury to or death of the victim was not | ||
substantially attributable
to his own wrongful act and was | ||
not substantially provoked by the victim.
| ||
(Source: P.A. 96-1551, eff. 7-1-11; 97-817, eff. 1-1-13.)
| ||
(740 ILCS 45/14.1) (from Ch. 70, par. 84.1)
| ||
Sec. 14.1.
(a) Hearings shall be open to the public unless | ||
the Court of
Claims determines that a closed hearing should be | ||
held because:
| ||
(1) the alleged assailant has not been brought to trial | ||
and a public
hearing
would adversely affect either his | ||
apprehension or his trial;
| ||
(2) the offense allegedly perpetrated against the | ||
victim is one defined
in Section 11-1.20, 11-1.30, 11-1.40, | ||
12-13, 12-14, or 12-14.1 of the Criminal Code
of 1961 or | ||
the Criminal Code of 2012 and the interests of the victim | ||
or of persons dependent on his
support require that the |
public be excluded from the hearing;
| ||
(3) the victim or the alleged assailant is a minor; or
| ||
(4) the interests of justice would be frustrated, | ||
rather than furthered,
if the hearing were open to the | ||
public.
| ||
(b) A transcript shall be kept of the hearings held before | ||
the Court of
Claims. No part of the transcript of any hearing | ||
before the Court of Claims
may be used for any purpose in a | ||
criminal proceeding except in the prosecution
of a person | ||
alleged to have perjured himself in his testimony before the
| ||
Court of Claims. A copy of the transcript may be furnished to | ||
the applicant
upon his written request to the court reporter, | ||
accompanied by payment of
a charge established
by the Court of | ||
Claims in accordance with the prevailing commercial charge
for | ||
a duplicate transcript. Where the interests of justice require, | ||
the
Court of Claims may refuse to disclose the names of victims | ||
or other material
in the transcript by which the identity of | ||
the victim could be discovered.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
Section 725. The Insurance Claims Fraud Prevention Act is | ||
amended by changing Sections 5 and 45 as follows:
| ||
(740 ILCS 92/5)
| ||
Sec. 5. Patient and client procurement.
| ||
(a) Except as otherwise permitted or authorized by law, it
|
is unlawful to knowingly offer or pay any remuneration
directly | ||
or
indirectly, in cash or in kind, to induce any person to | ||
procure clients or
patients to obtain services
or benefits | ||
under a contract of insurance or that will be the basis for a | ||
claim
against an insured
person or the person's
insurer. | ||
Nothing in this Act shall be construed to affect any contracts | ||
or
arrangements between or among insuring entities including | ||
health maintenance
organizations, health care professionals, | ||
or health care facilities which are
hereby excluded.
| ||
(b) A person who violates any provision of this Act , | ||
Section 17-8.5 or Section 17-10.5 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012, or Article 46 of the
Criminal | ||
Code of
1961 shall be subject, in addition to any other | ||
penalties that may be
prescribed by law, to a civil
penalty of | ||
not less than $5,000 nor more than $10,000, plus an assessment | ||
of
not more than 3
times the amount of each claim for | ||
compensation under a contract of insurance.
The court shall
| ||
have the power to grant other equitable relief, including | ||
temporary injunctive
relief, as is
necessary to prevent the | ||
transfer, concealment, or dissipation of illegal
proceeds, or | ||
to protect the
public. The penalty prescribed in this | ||
subsection shall be assessed for each
fraudulent claim upon
a | ||
person in which the defendant participated.
| ||
(c) The penalties set forth in subsection (b) are intended | ||
to be remedial
rather than
punitive, and shall not preclude, | ||
nor be precluded by, a criminal prosecution
for the same
|
conduct. If the court finds, after considering the goals of | ||
disgorging unlawful
profit, restitution,
compensating the | ||
State for the costs of investigation and prosecution, and
| ||
alleviating the social
costs of increased insurance rates due | ||
to fraud, that such a penalty would be
punitive and would
| ||
preclude, or be precluded by, a criminal prosecution, the court | ||
shall reduce
that penalty
appropriately.
| ||
(Source: P.A. 92-233, eff. 1-1-02.)
| ||
(740 ILCS 92/45)
| ||
Sec. 45. Time limitations.
| ||
(a) Except as provided in subsection (b), an action | ||
pursuant to this Act may
not be filed
more than 3 years after | ||
the discovery of the facts constituting the grounds for
| ||
commencing the
action.
| ||
(b) Notwithstanding subsection (a), an action may be filed | ||
pursuant to
this Act within not
more than 8 years after the | ||
commission of an act constituting a violation of
this Act , | ||
Section 17-8.5 or Section 17-10.5 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012, or a violation
of Article 46 of | ||
the Criminal Code of 1961.
| ||
(Source: P.A. 92-233, eff. 1-1-02.)
| ||
Section 730. The Interference With Utility Services Act is | ||
amended by changing Section 4 as follows:
|
(740 ILCS 95/4) (from Ch. 111 2/3, par. 1504)
| ||
Sec. 4.
The rebuttable presumption provided in subsection | ||
(c) of
Section 16-14 of the Criminal Code of 1961 prior to its | ||
repeal by Public Act 97-597 (effective January 1, 2012) , as | ||
now or hereafter amended ,
shall be fully applicable to all | ||
causes of actions brought pursuant to this
Act. The presumption | ||
provided shall only shift the burden of going forward
with | ||
evidence, and shall in no event shift the burden of proof to | ||
the
defendant. Any evidence of a judgment entered based on a | ||
finding of guilt,
plea of guilty or stipulation of guilt in a | ||
criminal cause of action
brought pursuant to Section 16-14 of | ||
the Criminal Code of 2012 1961, as now or
hereafter amended, | ||
shall be admissible in any civil action
brought pursuant to | ||
this Act to prove any fact essential to sustaining a
judgment. | ||
The pendency of an appeal may be shown but does not affect the
| ||
admissibility of evidence under this Section.
| ||
(Source: P.A. 91-357, eff. 7-29-99.)
| ||
Section 735. The Mental Health and Developmental | ||
Disabilities Confidentiality Act is amended by changing | ||
Section 12 as follows:
| ||
(740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
| ||
Sec. 12. (a) If the United States Secret Service or the | ||
Department of
State Police requests information from a mental | ||
health or developmental
disability facility, as defined in |
Section 1-107 and 1-114 of the Mental
Health and Developmental | ||
Disabilities Code, relating to a specific
recipient and the | ||
facility director determines that disclosure of such
| ||
information may be necessary to protect the life of, or to | ||
prevent
the infliction of great bodily harm to, a public | ||
official,
or a person under the protection of the United
States | ||
Secret Service, only the following information
may be | ||
disclosed: the recipient's name, address, and age and the date | ||
of
any admission to or discharge from a facility; and any | ||
information which
would indicate whether or not the recipient | ||
has a history of violence or
presents a danger of violence to | ||
the person under protection. Any information
so disclosed shall | ||
be used for investigative purposes only and shall not
be | ||
publicly disseminated.
Any person participating in good faith | ||
in the disclosure of such
information in accordance with this | ||
provision shall have immunity from any
liability, civil, | ||
criminal or otherwise, if such information is disclosed
relying | ||
upon the representation of an officer of the United States | ||
Secret
Service or the Department of State Police that a person | ||
is under the
protection of the United States Secret Service or | ||
is a public official.
| ||
For the purpose of this subsection (a), the term "public | ||
official" means
the Governor, Lieutenant Governor, Attorney | ||
General, Secretary of State,
State Comptroller, State | ||
Treasurer, member of the General Assembly, member of the United | ||
States Congress, Judge of the United States as defined in 28 |
U.S.C. 451, Justice of the United States as defined in 28 | ||
U.S.C. 451, United States Magistrate Judge as defined in 28 | ||
U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or | ||
Supreme, Appellate, Circuit, or Associate Judge of the State of | ||
Illinois. The
term shall also include the spouse, child or | ||
children of a public official.
| ||
(b) The Department of Human Services (acting as successor | ||
to the
Department of Mental Health and Developmental | ||
Disabilities) and all
public or private hospitals and mental | ||
health facilities are required, as hereafter described in this | ||
subsection,
to furnish the Department of State Police only such | ||
information as may
be required for the sole purpose of | ||
determining whether an individual who
may be or may have been a | ||
patient is disqualified because of that status
from receiving | ||
or retaining a Firearm Owner's Identification Card under
| ||
subsection (e) or (f) of Section 8 of the Firearm Owners | ||
Identification Card
Act or 18 U.S.C. 922(g) and (n). All public | ||
or private hospitals and mental health facilities shall, in the | ||
form and manner required
by the Department, provide such | ||
information as shall be necessary for the
Department to comply | ||
with the reporting requirements to the Department of
State | ||
Police. Such information shall be furnished within 7 days after
| ||
admission to a public or private hospital or mental health | ||
facility or the provision of services to a patient described in | ||
clause (2) of this subsection (b). Any such information | ||
disclosed under
this subsection shall
remain privileged and |
confidential, and shall not be redisclosed, except as required | ||
by clause (e)(2) of Section 3.1 of the Firearm Owners | ||
Identification Card Act, nor utilized
for any other purpose. | ||
The method of requiring the providing of such
information shall | ||
guarantee that no information is released beyond what
is | ||
necessary for this purpose. In addition, the information | ||
disclosed
shall be provided
by the Department within the time | ||
period established by Section 24-3 of the
Criminal Code of 2012 | ||
1961 regarding the delivery of firearms. The method used
shall | ||
be sufficient to provide the necessary information within the
| ||
prescribed time period, which may include periodically | ||
providing
lists to the Department of Human Services
or any | ||
public or private hospital or mental health facility of Firearm | ||
Owner's Identification Card applicants
on which the Department | ||
or hospital shall indicate the identities of those
individuals | ||
who are to its knowledge disqualified from having a Firearm
| ||
Owner's Identification Card for reasons described herein. The | ||
Department
may provide for a centralized source
of information | ||
for the State on this subject under its jurisdiction.
| ||
Any person, institution, or agency, under this Act, | ||
participating in
good faith in the reporting or disclosure of | ||
records and communications
otherwise in accordance with this | ||
provision or with rules, regulations or
guidelines issued by | ||
the Department shall have immunity from any
liability, civil, | ||
criminal or otherwise, that might result by reason of the
| ||
action. For the purpose of any proceeding, civil or criminal,
|
arising out of a report or disclosure in accordance with this | ||
provision,
the good faith of any person,
institution, or agency | ||
so reporting or disclosing shall be presumed. The
full extent | ||
of the immunity provided in this subsection (b) shall apply to
| ||
any person, institution or agency that fails to make a report | ||
or disclosure
in the good faith belief that the report or | ||
disclosure would violate
federal regulations governing the | ||
confidentiality of alcohol and drug abuse
patient records | ||
implementing 42 U.S.C. 290dd-3 and 290ee-3.
| ||
For purposes of this subsection (b) only, the following | ||
terms shall have
the meaning prescribed:
| ||
(1) "Hospital" means only that type of institution | ||
which is providing
full-time residential facilities and | ||
treatment.
| ||
(2) "Patient" shall include only: (i) a person who is | ||
an in-patient or resident of any public or private hospital | ||
or mental health facility or (ii) a person who is an | ||
out-patient or provided services by a public or private | ||
hospital or mental health facility whose mental condition | ||
is of such a nature that it is manifested by violent, | ||
suicidal, threatening, or assaultive behavior or reported | ||
behavior, for which there is a reasonable belief by a | ||
physician, clinical psychologist, or qualified examiner | ||
that the condition poses a clear and present or imminent | ||
danger to the patient, any other person or the community | ||
meaning the patient's condition poses a clear and present |
danger in accordance with subsection
(f) of Section 8 of | ||
the Firearm Owners Identification Card Act. The terms | ||
physician, clinical psychologist, and qualified examiner | ||
are defined in Sections 1-120, 1-103, and 1-122 of the | ||
Mental Health and Developmental Disabilities Code.
| ||
(3) "Mental health facility" is defined by Section | ||
1-114 of the Mental Health and Developmental Disabilities | ||
Code.
| ||
(c) Upon the request of a peace officer who takes a person | ||
into custody
and transports such person to a mental health or | ||
developmental disability
facility pursuant to Section 3-606 or | ||
4-404 of the Mental Health and
Developmental Disabilities Code | ||
or who transports a person from such facility,
a facility | ||
director shall furnish said peace officer the name, address, | ||
age
and name of the nearest relative of the person transported | ||
to or from the
mental health or developmental disability | ||
facility. In no case shall the
facility director disclose to | ||
the peace officer any information relating to the
diagnosis, | ||
treatment or evaluation of the person's mental or physical | ||
health.
| ||
For the purposes of this subsection (c), the terms "mental | ||
health or
developmental disability facility", "peace officer" | ||
and "facility director"
shall have the meanings ascribed to | ||
them in the Mental Health and
Developmental Disabilities Code.
| ||
(d) Upon the request of a peace officer or prosecuting | ||
authority who is
conducting a bona fide investigation of a |
criminal offense, or attempting to
apprehend a fugitive from | ||
justice,
a facility director may disclose whether a person is | ||
present at the facility.
Upon request of a peace officer or | ||
prosecuting authority who has a valid
forcible felony warrant | ||
issued, a facility director shall disclose: (1) whether
the | ||
person who is the subject of the warrant is present at the | ||
facility and (2)
the
date of that person's discharge or future | ||
discharge from the facility.
The requesting peace officer or | ||
prosecuting authority must furnish a case
number and the | ||
purpose of the investigation or an outstanding arrest warrant | ||
at
the time of the request. Any person, institution, or agency
| ||
participating in good faith in disclosing such information in | ||
accordance with
this subsection (d) is immune from any | ||
liability, civil, criminal or
otherwise, that might result by | ||
reason of the action.
| ||
(Source: P.A. 95-564, eff. 6-1-08; 96-193, eff. 8-10-09.)
| ||
Section 740. The Parental Responsibility Law is amended by | ||
changing Section 3 as follows:
| ||
(740 ILCS 115/3) (from Ch. 70, par. 53)
| ||
Sec. 3. Liability. The parent or legal guardian of an | ||
unemancipated minor who resides with
such parent or legal | ||
guardian is liable for actual damages for the wilful
or | ||
malicious acts of such minor which cause injury to a person or | ||
property,
including damages caused by a minor who has been |
adjudicated a delinquent for
violating
Section 21-1.3 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 .
Reasonable | ||
attorney's fees may be awarded to any plaintiff in any action | ||
under this Act. If the plaintiff is a governmental unit, | ||
reasonable attorney's fees may be awarded up to $15,000.
| ||
The changes to this Section made by this amendatory Act of | ||
the 95th General Assembly apply to causes of action accruing on | ||
or after its effective date. | ||
(Source: P.A. 95-914, eff. 1-1-09.)
| ||
Section 745. The Police Search Cost Recovery Act is amended | ||
by changing Section 1 as follows:
| ||
(740 ILCS 125/1) (from Ch. 70, par. 851)
| ||
Sec. 1.
(a) When any governmental unit in this State has | ||
expended
resources in a search for any person over the age of | ||
18 who has been
reported as missing, a cause of action exists | ||
against the person reported
missing in favor of the | ||
governmental unit or units conducting a police
search to | ||
recover amounts reasonably expended by the governmental unit
or | ||
units where:
| ||
(1) Such person knew or should have known that a police | ||
search
for him
was in progress;
| ||
(2) Such person was not prevented by any other person | ||
from
informing the
police agency searching for him of his | ||
whereabouts and that he was not in
danger, or from |
informing another person who could so inform the police | ||
agency;
and
| ||
(3) Such person failed, without good cause, to inform | ||
such police agency
or another person who could inform such | ||
police agency that a search was
not necessary.
| ||
(b) When any governmental unit in this State has expended | ||
resources in
a search for a noncustodial parent who conceals, | ||
detains or removes a child
under the age of 18 from | ||
jurisdiction of the court in violation of a court
order or | ||
without the consent of the lawful custodian of the child and in
| ||
search of that child, who has been reported as missing, a cause | ||
of action
exists against the noncustodial parent in favor of | ||
the
governmental unit or units conducting a police search to | ||
recover amounts
reasonably expended by the governmental unit or | ||
units. For purposes of
subsection (b), "detains" and "lawful | ||
custodian" have the meanings ascribed
to them in Section 10-5 | ||
of the Criminal Code of 2012 1961 .
| ||
(c) The causes of action under subsections (a) and
(b) | ||
shall lie for all amounts reasonably expended in the
search and | ||
any amounts expended in the enforcement of the actions,
| ||
including reasonable attorney's fees, litigation expenses, and | ||
court costs.
Punitive damages shall not be awarded.
| ||
(Source: P.A. 86-423; 87-1027.)
| ||
Section 750. The Predator Accountability Act is amended by | ||
changing Sections 10, 15, and 30 as follows: |
(740 ILCS 128/10)
| ||
Sec. 10. Definitions. As used in this Act: | ||
"Sex trade" means any act, which if proven beyond a | ||
reasonable doubt could support a conviction for a violation or | ||
attempted violation of any of the following Sections of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 : 11-14.3 | ||
(promoting prostitution); 11-14.4 (promoting juvenile | ||
prostitution); 11-15 (soliciting for a prostitute); 11-15.1 | ||
(soliciting for a juvenile prostitute); 11-16 (pandering); | ||
11-17 (keeping a place of prostitution); 11-17.1 (keeping a | ||
place of juvenile prostitution); 11-19 (pimping); 11-19.1 | ||
(juvenile pimping and aggravated juvenile pimping); 11-19.2 | ||
(exploitation of a child); 11-20 (obscenity); 11-20.1 (child | ||
pornography); or 11-20.1B or 11-20.3 (aggravated child | ||
pornography); or Section 10-9 of the Criminal Code of 1961 | ||
(trafficking in persons and involuntary servitude). | ||
"Sex trade" activity may involve adults and youth of all | ||
genders and sexual orientations.
| ||
"Victim of the sex trade" means, for the following sex | ||
trade acts, the person or persons indicated: | ||
(1) soliciting for a prostitute: the prostitute who is | ||
the object of the solicitation; | ||
(2) soliciting for a juvenile prostitute: the juvenile | ||
prostitute, or severely or profoundly intellectually | ||
disabled person, who is the object of the solicitation; |
(3) promoting prostitution as described in subdivision | ||
(a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 , or pandering: | ||
the person intended or compelled to act as a prostitute; | ||
(4) keeping a place of prostitution: any person | ||
intended or compelled to act as a prostitute, while present | ||
at the place, during the time period in question; | ||
(5) keeping a place of juvenile prostitution: any | ||
juvenile intended or compelled to act as a prostitute, | ||
while present at the place, during the time period in | ||
question; | ||
(6) promoting prostitution as described in subdivision | ||
(a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012 , or pimping: the prostitute | ||
from whom anything of value is received; | ||
(7) promoting juvenile prostitution as described in | ||
subdivision (a)(2) or (a)(3) of Section 11-14.4 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 , or | ||
juvenile pimping and aggravated juvenile pimping: the | ||
juvenile, or severely or profoundly intellectually | ||
disabled person, from whom anything of value is received | ||
for that person's act of prostitution; | ||
(8) promoting juvenile prostitution as described in | ||
subdivision (a)(4) of Section 11-14.4 of the Criminal Code | ||
of 1961 or the Criminal Code of 2012 , or exploitation of a | ||
child: the juvenile, or severely or profoundly |
intellectually disabled person, intended or compelled to | ||
act as a prostitute or from whom anything of value is | ||
received for that person's act of prostitution; | ||
(9) obscenity: any person who appears in or is | ||
described or depicted in the offending conduct or material; | ||
(10) child pornography or aggravated child | ||
pornography: any child, or severely or profoundly | ||
intellectually disabled person, who appears in or is | ||
described or depicted in the offending conduct or material; | ||
or | ||
(11) trafficking of persons or involuntary servitude: | ||
a "trafficking victim" as defined in Section 10-9 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 .
| ||
(Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11; | ||
97-227, eff. 1-1-12; 97-897, eff. 1-1-13; 97-1109, eff. | ||
1-1-13.) | ||
(740 ILCS 128/15) | ||
Sec. 15. Cause of action. | ||
(a) Violations of this Act are actionable in civil court. | ||
(b) A victim of the sex trade has a cause of action against | ||
a person or entity who:
| ||
(1) recruits, profits from, or maintains the victim in | ||
any sex trade act; | ||
(2) intentionally abuses, as defined in Section 103 of | ||
the Illinois Domestic Violence Act of 1986, or causes |
bodily harm, as defined in Section 11-0.1 of the Criminal | ||
Code of 2012 1961 , to the victim in any sex trade act; or
| ||
(3) knowingly advertises or publishes advertisements | ||
for purposes of recruitment into sex trade activity. | ||
(c) This Section shall not be construed to create liability | ||
to any person or entity who provides goods or services to the | ||
general public, who also provides those goods or services to | ||
persons who would be liable under subsection (b) of this | ||
Section, absent a showing that the person or entity either:
| ||
(1) knowingly markets or provides its goods or services | ||
primarily to persons or entities liable under subsection | ||
(b) of this Section;
| ||
(2) knowingly receives a higher level of compensation | ||
from persons or entities liable under subsection (b) of | ||
this Section than it generally receives from customers; or | ||
(3) supervises or exercises control over persons or | ||
entities liable under subsection (b) of this Section.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .) | ||
(740 ILCS 128/30)
| ||
Sec. 30. Evidence. Related to a cause of action under this | ||
Act, the fact that a plaintiff or other witness has testified | ||
under oath or given evidence relating to an act that may be a | ||
violation of any provision of the Criminal Code of 2012 1961 | ||
shall not be construed to require the State's Attorney to | ||
criminally charge any person for such violation.
|
(Source: P.A. 94-998, eff. 7-3-06.) | ||
Section 755. The Illinois Streetgang Terrorism Omnibus | ||
Prevention Act is amended by changing Sections 10, 40, and 45 | ||
as follows:
| ||
(740 ILCS 147/10)
| ||
Sec. 10. Definitions.
| ||
"Course or pattern of criminal activity" means 2 or more | ||
gang-related
criminal offenses committed in whole or in part | ||
within this State when:
| ||
(1) at least one such offense was committed after the | ||
effective date of
this Act;
| ||
(2) both offenses were committed within 5 years of each | ||
other; and
| ||
(3) at least one offense involved the solicitation to | ||
commit,
conspiracy to commit, attempt to commit, or | ||
commission of any offense
defined as a felony or forcible | ||
felony under the Criminal Code of 1961 or the Criminal Code | ||
of 2012 .
| ||
"Course or pattern of criminal activity" also means one or | ||
more acts of
criminal defacement of property under Section | ||
21-1.3 of the Criminal Code of
1961 or the Criminal Code of | ||
2012 , if the defacement includes a sign or other symbol | ||
intended to identify
the streetgang.
| ||
"Designee of State's Attorney" or "designee" means any |
attorney for
a public authority who has received written | ||
permission from the State's
Attorney to file or join in a civil | ||
action authorized by this Act.
| ||
"Public authority" means any unit of local government or | ||
school
district created or established under the Constitution | ||
or laws of this State.
| ||
"State's Attorney" means the State's Attorney of any county | ||
where an
offense constituting a part of a course or pattern of | ||
gang-related criminal
activity has occurred or has been | ||
committed.
| ||
"Streetgang" or "gang" or "organized gang" or "criminal | ||
street gang"
means any combination, confederation,
alliance, | ||
network, conspiracy, understanding, or other similar | ||
conjoining,
in law or in fact, of 3 or more persons with an | ||
established hierarchy that, through its
membership
or through | ||
the agency of any member engages in a course or pattern of | ||
criminal
activity.
| ||
For purposes of this Act, it shall not be necessary to show | ||
that a
particular conspiracy, combination, or conjoining of | ||
persons possesses,
acknowledges, or is known by any common | ||
name, insignia, flag, means of
recognition, secret signal or | ||
code, creed, belief, structure, leadership or
command | ||
structure, method of operation or criminal enterprise,
| ||
concentration or specialty, membership, age, or other | ||
qualifications,
initiation rites, geographical or territorial | ||
situs or boundary or
location, or other unifying mark, manner, |
protocol or method of expressing
or indicating membership when | ||
the conspiracy's existence, in law or in
fact, can be | ||
demonstrated by a preponderance of other competent evidence.
| ||
However, any evidence reasonably tending to show or | ||
demonstrate, in law or
in fact, the existence of or membership | ||
in any conspiracy, confederation,
or other association | ||
described herein, or probative of the existence of or
| ||
membership in any such association, shall be admissible in any | ||
action or
proceeding brought under this Act.
| ||
"Streetgang member" or "gang member" means any person who | ||
actually
and in fact belongs to a gang, and any person who | ||
knowingly acts in the
capacity of an agent for or accessory to, | ||
or is legally accountable for, or
voluntarily associates | ||
himself with a course or pattern of gang-related
criminal | ||
activity, whether in a preparatory, executory, or cover-up | ||
phase
of any activity, or who knowingly performs, aids, or | ||
abets any such activity.
| ||
"Streetgang related" or "gang-related" means any criminal | ||
activity,
enterprise, pursuit, or undertaking directed by, | ||
ordered by, authorized by,
consented to, agreed to, requested | ||
by, acquiesced in, or ratified by any
gang leader, officer, or | ||
governing or policy-making person or authority, or
by any | ||
agent, representative, or deputy of any such officer, person, | ||
or
authority:
| ||
(1) with the intent to increase the gang's size, | ||
membership,
prestige, dominance, or control in any |
geographical area; or
| ||
(2) with the intent to provide the gang with any | ||
advantage in, or
any control or dominance over any criminal | ||
market sector, including but not
limited to, the | ||
manufacture, delivery, or sale of controlled substances or
| ||
cannabis; arson or arson-for-hire; traffic in stolen | ||
property or stolen
credit cards; traffic in prostitution, | ||
obscenity, or pornography; or that
involves robbery, | ||
burglary, or theft; or
| ||
(3) with the intent to exact revenge or retribution for | ||
the gang
or any member of the gang; or
| ||
(4) with the intent to obstruct justice, or intimidate | ||
or
eliminate any witness against the gang or any member of | ||
the gang; or
| ||
(5) with the intent to otherwise directly or indirectly | ||
cause any
benefit, aggrandizement, gain, profit or other | ||
advantage whatsoever to or
for the gang, its reputation, | ||
influence, or membership.
| ||
(Source: P.A. 93-337, eff. 1-1-04.)
| ||
(740 ILCS 147/40)
| ||
Sec. 40. Contraband.
| ||
(a) The following are declared to be contraband and no | ||
person shall
have a property interest in them:
| ||
(1) any property that is directly or indirectly used or | ||
intended
for use in any manner to facilitate streetgang |
related activity;
and
| ||
(2) any property constituting or derived from gross | ||
profits or other
proceeds obtained from streetgang related | ||
activity.
| ||
(b) Within 60 days of the date of the seizure of contraband | ||
under this
Section, the State's Attorney shall initiate | ||
forfeiture proceedings as
provided
in Article 36 of the | ||
Criminal Code of 2012 1961 . An owner or person who has a lien
| ||
on the property may
establish as a defense to the forfeiture of | ||
property
that is subject to forfeiture under this Section that | ||
the owner or lienholder
had no knowledge that the property was | ||
acquired through a pattern of
streetgang related activity. | ||
Property that is forfeited under this Section
shall be disposed | ||
of as provided in Article 36 of the Criminal Code of 2012 1961
| ||
for the forfeiture of vehicles, vessels, and aircraft. The
| ||
proceeds of the disposition shall be paid to the Gang Violence | ||
Victims
and Witnesses Fund to be used to assist in the | ||
prosecution of gang crimes.
| ||
(Source: P.A. 91-876, eff. 1-1-01.)
| ||
(740 ILCS 147/45)
| ||
Sec. 45. Abatement as public nuisance.
| ||
(a) Any real property that is erected, established, | ||
maintained,
owned, leased, or used by any streetgang for the | ||
purpose
of conducting streetgang related activity constitutes | ||
a public
nuisance and may be abated as provided in Article 37 |
of the Criminal Code
of 2012 1961 relating to public nuisances.
| ||
(b) An action to abate a nuisance under this Section may
be | ||
brought by the State's Attorney of the county where the seizure
| ||
occurred.
| ||
(c) Any person who is injured by reason of streetgang | ||
related activity
shall have a cause of action for 3 times the | ||
actual damages
sustained and, if appropriate, punitive | ||
damages;
however, no cause of action shall arise under this | ||
subsection (c)
as a result of an otherwise legitimate | ||
commercial transaction
between parties to a contract or | ||
agreement for the sale of lawful
goods or property or the sale | ||
of securities regulated by the Illinois
Securities Law of 1953
| ||
or by the federal Securities and Exchange Commission.
The | ||
person shall also recover reasonable attorney's fees,
costs, | ||
and expenses.
| ||
(Source: P.A. 91-876, eff. 1-1-01.)
| ||
Section 757. The Federal Law Enforcement Officer Immunity | ||
Act is amended by changing Section 10 as follows:
| ||
(745 ILCS 22/10)
| ||
Sec. 10. Immunity. A federal law enforcement officer while | ||
acting as a
peace officer under Section 2-13 of the Criminal | ||
Code of 2012 1961 is not liable for
his or her act or omission | ||
in the execution or enforcement of any law unless
the act or | ||
omission constitutes wilful and wanton conduct.
|
(Source: P.A. 88-677, eff. 12-15-94.)
| ||
Section 760. The Illinois Marriage and Dissolution of | ||
Marriage Act is amended by changing Sections 503, 601, 607, and | ||
607.1 as follows:
| ||
(750 ILCS 5/503) (from Ch. 40, par. 503)
| ||
Sec. 503. Disposition of property.
| ||
(a) For purposes of this Act, "marital property" means all | ||
property acquired
by either spouse subsequent to the marriage, | ||
except the following, which is
known as "non-marital property":
| ||
(1) property acquired by gift, legacy or descent;
| ||
(2) property acquired in exchange for property | ||
acquired before the
marriage or in exchange for property | ||
acquired by gift, legacy or descent;
| ||
(3) property acquired by a spouse after a judgment of | ||
legal separation;
| ||
(4) property excluded by valid agreement of the | ||
parties;
| ||
(5) any judgment or property obtained by judgment | ||
awarded to a spouse
from the other spouse;
| ||
(6) property acquired before the marriage;
| ||
(7) the increase in value of property acquired by a | ||
method listed in
paragraphs (1) through (6) of this | ||
subsection, irrespective of whether the
increase results | ||
from a contribution of marital property, non-marital |
property,
the personal effort of a spouse, or otherwise, | ||
subject to the right of
reimbursement provided in | ||
subsection (c) of this Section; and
| ||
(8) income from property acquired by a method listed in | ||
paragraphs (1)
through (7) of this subsection if the income | ||
is not attributable to the
personal effort of a spouse.
| ||
(b)(1) For purposes of distribution of property pursuant to | ||
this
Section, all property acquired by either spouse after the | ||
marriage and before a
judgment of dissolution of marriage or | ||
declaration of invalidity of marriage,
including non-marital | ||
property transferred into some form of co-ownership
between the | ||
spouses, is presumed to be marital property, regardless of | ||
whether
title is held individually or by the spouses in some | ||
form of co-ownership such
as joint tenancy, tenancy in common, | ||
tenancy by the entirety, or community
property. The presumption | ||
of marital property is overcome by a showing that
the property | ||
was acquired by a method listed in subsection (a) of this | ||
Section.
| ||
(2) For purposes of distribution of property pursuant to | ||
this Section,
all pension benefits (including pension benefits | ||
under the Illinois Pension
Code) acquired by either spouse | ||
after the marriage and before a judgment of
dissolution of | ||
marriage or declaration of invalidity of the marriage are
| ||
presumed to be marital property, regardless of which spouse | ||
participates in the
pension plan. The presumption that these | ||
pension benefits are marital property
is overcome by a showing |
that the pension benefits were acquired by a method
listed in | ||
subsection (a) of this Section. The right to a division of | ||
pension
benefits in just proportions under this Section is | ||
enforceable under Section
1-119 of the Illinois Pension Code.
| ||
The value of pension benefits in a retirement system | ||
subject to the Illinois
Pension Code shall be determined in | ||
accordance with the valuation procedures
established by the | ||
retirement system.
| ||
The recognition of pension benefits as marital property and | ||
the division of
those benefits pursuant to a Qualified Illinois | ||
Domestic Relations Order shall
not be deemed to be a | ||
diminishment, alienation, or impairment of those
benefits. The | ||
division of pension benefits is an allocation of property in
| ||
which each spouse has a species of common ownership.
| ||
(3) For purposes of distribution of property under this | ||
Section, all stock
options granted to either spouse after the | ||
marriage and before a judgment of
dissolution of marriage or | ||
declaration of invalidity of marriage, whether
vested or | ||
non-vested or whether their value is ascertainable, are | ||
presumed to
be marital property. This presumption of marital | ||
property is overcome by a
showing that the stock options were | ||
acquired by a method listed in subsection
(a) of this Section. | ||
The court shall allocate stock options between the
parties at | ||
the time of the judgment of dissolution of marriage or | ||
declaration
of invalidity of marriage recognizing that the | ||
value of the stock options may
not be then determinable and |
that the actual division of the options may not
occur until a | ||
future date. In making the allocation between the parties, the
| ||
court shall consider, in addition to the factors set forth in | ||
subsection (d) of
this Section, the following:
| ||
(i) All circumstances underlying the grant of the stock | ||
option including
but not limited to whether the grant was | ||
for past, present, or future efforts,
or any combination | ||
thereof.
| ||
(ii) The length of time from the grant of the option to | ||
the time the
option is exercisable.
| ||
(b-5) As to any policy of life insurance insuring the life | ||
of either spouse, or any interest in such policy, that | ||
constitutes marital property, whether whole life, term life, | ||
group term life, universal life, or other form of life
| ||
insurance policy, and whether or not the value is | ||
ascertainable, the court shall allocate ownership, death | ||
benefits or the
right to assign death benefits, and the | ||
obligation for premium payments, if any, equitably between the | ||
parties at the
time of the judgment for dissolution or | ||
declaration of invalidity of marriage. | ||
(c) Commingled marital and non-marital property shall be | ||
treated in
the following manner, unless otherwise agreed by the | ||
spouses:
| ||
(1) When marital and non-marital property are | ||
commingled by contributing
one estate of property into | ||
another resulting in a loss of identity of the
contributed |
property, the classification of the contributed property | ||
is
transmuted to the estate receiving the contribution, | ||
subject to the provisions
of paragraph (2) of this | ||
subsection; provided that if marital and non-marital
| ||
property are commingled into newly acquired property | ||
resulting in a loss
of identity of the contributing | ||
estates, the commingled property shall be
deemed | ||
transmuted to marital property, subject to the provisions | ||
of paragraph
(2) of this subsection.
| ||
(2) When one estate of property makes a contribution to | ||
another estate
of property, or when a spouse contributes | ||
personal effort to non-marital
property, the contributing | ||
estate shall be reimbursed from the estate receiving
the | ||
contribution notwithstanding any transmutation; provided, | ||
that no such
reimbursement shall be made with respect to a | ||
contribution which is not
retraceable by clear and | ||
convincing evidence, or was a gift, or, in the
case of a | ||
contribution of personal effort of a spouse to non-marital | ||
property,
unless the effort is significant and results in | ||
substantial appreciation
of the non-marital property. | ||
Personal effort of a spouse shall be deemed
a contribution | ||
by the marital estate. The court may provide for | ||
reimbursement
out of the marital property to be divided or | ||
by imposing a lien against the
non-marital property which | ||
received the contribution.
| ||
(d) In a proceeding for dissolution of marriage or |
declaration of invalidity
of marriage, or in a proceeding for | ||
disposition of property following
dissolution of marriage by a | ||
court which lacked personal jurisdiction over the
absent spouse | ||
or lacked jurisdiction to dispose of the property, the court
| ||
shall assign each spouse's non-marital property to that spouse. | ||
It also shall
divide the marital property without regard to | ||
marital misconduct in just
proportions considering all | ||
relevant factors, including:
| ||
(1) the contribution of each party to the acquisition, | ||
preservation, or
increase or decrease in value of the | ||
marital or non-marital property, including
(i) any such | ||
decrease attributable to a payment deemed to have been an | ||
advance from the parties' marital estate under subsection | ||
(c-1)(2) of Section 501 and (ii) the contribution of a | ||
spouse as a homemaker or to the family unit;
| ||
(2) the dissipation by each party of the marital or | ||
non-marital property, provided that a party's claim of | ||
dissipation is subject to the following conditions:
| ||
(i) a notice of intent to claim dissipation shall | ||
be given no later than 60 days
before trial or 30 days | ||
after discovery closes, whichever is later; | ||
(ii) the notice of intent to claim dissipation | ||
shall contain, at a minimum, a date or period of time | ||
during which the marriage began undergoing an | ||
irretrievable breakdown, an identification of the | ||
property dissipated, and a date or period of time |
during which the dissipation occurred; | ||
(iii) the notice of intent to claim dissipation | ||
shall be filed with the clerk of the court and be | ||
served pursuant to applicable rules; | ||
(iv) no dissipation shall be deemed to have | ||
occurred prior to 5 years before the filing of the | ||
petition for dissolution of marriage, or 3 years after | ||
the party
claiming dissipation knew or should have | ||
known of the dissipation;
| ||
(3) the value of the property assigned to each spouse;
| ||
(4) the duration of the marriage;
| ||
(5) the relevant economic circumstances of each spouse | ||
when the division
of property is to become effective, | ||
including the desirability of awarding
the family home, or | ||
the right to live therein for reasonable periods, to the
| ||
spouse having custody of the children;
| ||
(6) any obligations and rights arising from a prior | ||
marriage
of either party;
| ||
(7) any antenuptial agreement of the parties;
| ||
(8) the age, health, station, occupation, amount and | ||
sources of income,
vocational skills, employability, | ||
estate, liabilities, and needs of each of the
parties;
| ||
(9) the custodial provisions for any children;
| ||
(10) whether the apportionment is in lieu of or in | ||
addition to
maintenance;
| ||
(11) the reasonable opportunity of each spouse for |
future acquisition
of capital assets and income; and
| ||
(12) the tax consequences of the property division upon | ||
the
respective economic circumstances of the parties.
| ||
(e) Each spouse has a species of common ownership in the | ||
marital property
which vests at the time dissolution | ||
proceedings are commenced and continues
only during the | ||
pendency of the action. Any such interest in marital property
| ||
shall not encumber that property so as to restrict its | ||
transfer, assignment
or conveyance by the title holder unless | ||
such title holder is specifically
enjoined from making such | ||
transfer, assignment or conveyance.
| ||
(f) In a proceeding for dissolution of marriage or | ||
declaration of
invalidity of marriage or in a proceeding for | ||
disposition of property
following dissolution of marriage by a | ||
court that lacked personal
jurisdiction over the absent spouse | ||
or lacked jurisdiction to dispose of
the property, the court, | ||
in determining the value of the marital and
non-marital | ||
property for purposes of dividing the property, shall value the
| ||
property as of the date of trial or some other date as close to | ||
the date
of trial as is practicable.
| ||
(g) The court if necessary to protect and promote the best | ||
interests of the
children may set aside a portion of the | ||
jointly or separately held
estates of the parties in a separate | ||
fund or trust for the support,
maintenance, education, physical | ||
and mental health, and general welfare of any minor, dependent,
| ||
or incompetent child of the parties. In making a determination |
under this
subsection, the court may consider, among other | ||
things, the conviction of a
party of any of the offenses set | ||
forth in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||
12-3.3, 12-4, 12-4.1,
12-4.2, 12-4.3,
12-13, 12-14, 12-14.1, | ||
12-15, or 12-16, or Section 12-3.05 except for subdivision | ||
(a)(4) or (g)(1), of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 if the
victim is a
child of one or both of the | ||
parties, and there is a need for, and cost of,
care, healing | ||
and counseling for the child who is the victim of the crime.
| ||
(h) Unless specifically directed by a reviewing court, or | ||
upon good
cause shown, the court shall not on remand consider | ||
any increase or
decrease in the value of any "marital" or | ||
"non-marital" property occurring
since the assessment of such | ||
property at the original trial or hearing, but
shall use only | ||
that assessment made at the original trial or hearing.
| ||
(i) The court may make such judgments affecting the marital | ||
property
as may be just and may enforce such judgments by | ||
ordering a sale of marital
property, with proceeds therefrom to | ||
be applied as determined by the court.
| ||
(j) After proofs have closed in the final hearing on all | ||
other issues
between the parties (or in conjunction with the | ||
final hearing, if all parties
so stipulate) and before judgment | ||
is entered, a party's petition for
contribution to fees and | ||
costs incurred in the proceeding shall be heard and
decided, in | ||
accordance with the following provisions:
| ||
(1) A petition for contribution, if not filed before |
the final hearing
on other issues between the parties, | ||
shall be filed no later than 30 days after
the closing of | ||
proofs in the final hearing or within such other period as | ||
the
court orders.
| ||
(2) Any award of contribution to one party from the | ||
other party shall be
based on the criteria for division of | ||
marital property under this Section 503
and, if maintenance | ||
has been awarded, on the criteria for an award of
| ||
maintenance under Section 504.
| ||
(3) The filing of a petition for contribution shall not | ||
be deemed to
constitute a waiver of the attorney-client | ||
privilege between the petitioning
party and current or | ||
former counsel; and such a waiver shall not constitute a
| ||
prerequisite to a hearing for contribution. If either | ||
party's presentation on
contribution, however, includes | ||
evidence within the scope of the
attorney-client | ||
privilege, the disclosure or disclosures shall be narrowly
| ||
construed and shall not be deemed by the court to | ||
constitute a general waiver
of the privilege as to matters | ||
beyond the scope of the presentation.
| ||
(4) No finding on which a contribution award is based | ||
or denied shall be
asserted against counsel or former | ||
counsel for purposes of any hearing under
subsection (c) or | ||
(e) of Section 508.
| ||
(5) A contribution award (payable to either the | ||
petitioning
party or the party's counsel, or jointly, as |
the court determines) may be in
the form of either a set | ||
dollar amount or a percentage of fees and costs (or a
| ||
portion of fees and costs) to be subsequently agreed upon | ||
by the petitioning
party and counsel or, alternatively, | ||
thereafter determined in a hearing
pursuant to subsection | ||
(c) of Section 508 or previously or thereafter
determined | ||
in an independent proceeding under subsection (e) of | ||
Section
508.
| ||
(6) The changes to this Section 503 made by this | ||
amendatory Act of 1996
apply to cases pending on or after | ||
June 1, 1997, except as otherwise provided
in Section 508.
| ||
The changes made to this Section by this amendatory Act of | ||
the 97th General Assembly apply only to petitions for | ||
dissolution of marriage filed on or after the effective date of | ||
this amendatory Act of the 97th General Assembly. | ||
(Source: P.A. 96-583, eff. 1-1-10; 96-1551, Article 1, Section | ||
985, eff. 7-1-11; 96-1551, Article 2, Section 1100, eff. | ||
7-1-11; 97-608, eff. 1-1-12; 97-941, eff. 1-1-13; 97-1109, eff. | ||
1-1-13.)
| ||
(750 ILCS 5/601) (from Ch. 40, par. 601)
| ||
Sec. 601. Jurisdiction; Commencement of Proceeding.
| ||
(a) A court of this State competent to decide child custody | ||
matters has
jurisdiction to make a child custody determination | ||
in original or modification
proceedings as provided in Section | ||
201 of the Uniform
Child-Custody Jurisdiction and Enforcement |
Act as
adopted by this State.
| ||
(b) A child custody proceeding is commenced in the court:
| ||
(1) by a parent, by filing a petition:
| ||
(i) for dissolution of marriage or legal | ||
separation or declaration
of invalidity of marriage; | ||
or
| ||
(ii) for custody of the child, in the county in | ||
which he is
permanently resident or found;
| ||
(2) by a person other than a parent, by filing a | ||
petition for
custody of the child in the county in which he | ||
is permanently resident
or found, but only if he is not in | ||
the physical custody of one of his
parents; or
| ||
(3) by a stepparent, by filing a petition, if all of | ||
the following
circumstances are met:
| ||
(A) the child is at least 12 years old;
| ||
(B) the custodial parent and stepparent were | ||
married for at least 5
years during which the child | ||
resided with the parent and stepparent;
| ||
(C) the custodial parent is deceased or is disabled | ||
and cannot perform
the duties of a parent to the child;
| ||
(D) the stepparent provided for the care, control, | ||
and welfare to the
child prior to the initiation of | ||
custody proceedings;
| ||
(E) the child wishes to live with the stepparent; | ||
and
| ||
(F) it is alleged to be in the best interests and |
welfare of the
child to live with the stepparent as | ||
provided in Section 602 of this Act. | ||
(4) When one of the parents is deceased, by a | ||
grandparent who is a parent or stepparent of a deceased | ||
parent, by filing a petition, if one or more of the | ||
following existed at the time of the parent's death: | ||
(A) the surviving parent had been absent from the | ||
marital abode for more than one month without the | ||
deceased spouse knowing his or her whereabouts; | ||
(B) the surviving parent was in State or federal | ||
custody; or | ||
(C) the surviving parent had: (i) received | ||
supervision for or been convicted of any violation of | ||
Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||
11-1.70, 12C-5, 12C-10, 12C-35, 12C-40, 12C-45, 18-6, | ||
19-6, or Article 12 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 directed towards the deceased | ||
parent or the child; or (ii) received supervision or | ||
been convicted of violating an order of protection | ||
entered under Section 217, 218, or 219 of the Illinois | ||
Domestic Violence Act of 1986 for the protection of the | ||
deceased parent or the child.
| ||
(c) Notice of a child custody proceeding, including an | ||
action
for modification of a previous custody order, shall be | ||
given to the
child's parents, guardian and custodian, who may | ||
appear, be heard, and
file a responsive pleading. The court, |
upon showing of good cause, may
permit intervention of other | ||
interested parties.
| ||
(d) Proceedings for modification of a previous custody | ||
order
commenced more than 30 days following the entry of a | ||
previous custody order
must be initiated by serving a written | ||
notice and a copy of the petition
for modification upon the | ||
child's parent, guardian and custodian at least
30 days prior | ||
to hearing on the petition. Nothing in this Section shall
| ||
preclude a party in custody modification proceedings from | ||
moving for a
temporary order under Section 603 of this Act.
| ||
(e) (Blank). | ||
(f) The court shall, at the court's discretion or upon the | ||
request of any party entitled to petition for custody of the | ||
child, appoint a guardian ad litem to represent the best | ||
interest of the child for the duration of the custody | ||
proceeding or for any modifications of any custody orders | ||
entered. Nothing in this Section shall be construed to prevent | ||
the court from appointing the same guardian ad litem for 2 or | ||
more children that are siblings or half-siblings.
| ||
(Source: P.A. 93-108, eff. 1-1-04; 93-1026, eff. 1-1-05.)
| ||
(750 ILCS 5/607) (from Ch. 40, par. 607)
| ||
Sec. 607. Visitation.
| ||
(a) A parent not granted custody of the child
is entitled | ||
to reasonable visitation rights unless the court finds,
after a | ||
hearing, that visitation would endanger seriously the child's
|
physical, mental, moral or emotional health. If the custodian's | ||
street
address is not identified, pursuant to Section 708, the | ||
court shall require
the parties to identify reasonable | ||
alternative arrangements for visitation
by a non-custodial | ||
parent, including but not limited to visitation of the
minor | ||
child at the residence of another person or at a local public | ||
or
private facility.
| ||
(1) "Visitation" means in-person time spent between a | ||
child and the child's parent. In appropriate | ||
circumstances, it may include electronic communication | ||
under conditions and at times determined by the court. | ||
(2) "Electronic communication" means time that a | ||
parent spends with his or her child during which the child | ||
is not in the parent's actual physical custody, but which | ||
is facilitated by the use of communication tools such as | ||
the telephone, electronic mail, instant messaging, video | ||
conferencing or other wired or wireless technologies via | ||
the Internet, or another medium of communication.
| ||
(a-3) Grandparents, great-grandparents, and siblings of a | ||
minor child, who is one year old or older, have standing to | ||
bring an action in circuit court by petition, requesting | ||
visitation in accordance with this Section. The term "sibling" | ||
in this Section means a brother, sister, stepbrother, or | ||
stepsister of the minor child. Grandparents, | ||
great-grandparents, and siblings also have standing to file a | ||
petition for visitation and any electronic communication
|
rights in a pending dissolution proceeding or any other | ||
proceeding that involves custody or visitation issues, | ||
requesting visitation in accordance with this Section. A | ||
petition for visitation with a child by a person other than a | ||
parent must be filed in the county in which the child resides. | ||
Nothing in this subsection (a-3) and subsection (a-5) of this | ||
Section shall apply to a child in whose interests a petition is | ||
pending under Section 2-13 of the Juvenile Court Act of 1987 or | ||
a petition to adopt an unrelated child is pending under the | ||
Adoption Act. | ||
(a-5)(1) Except as otherwise provided in this subsection | ||
(a-5), any grandparent, great-grandparent, or sibling may file | ||
a
petition for
visitation rights to a minor child if there is | ||
an unreasonable denial of visitation by a parent and at least | ||
one
of the
following conditions exists: | ||
(A) (Blank); | ||
(A-5) the child's other parent is deceased or has been | ||
missing for at least 3 months. For the purposes of this | ||
Section a parent is considered to be missing if the | ||
parent's location has not been determined and the parent | ||
has been reported as missing to a law enforcement agency;
| ||
(A-10) a parent of the child is incompetent as a matter | ||
of law;
| ||
(A-15) a parent has been incarcerated in jail or prison | ||
during the 3 month period preceding the filing of the | ||
petition;
|
(B) the child's mother and father are divorced or have | ||
been legally separated from
each other or there is pending | ||
a dissolution proceeding involving a parent of the child or | ||
another court proceeding involving custody or visitation | ||
of the child (other than any adoption proceeding of an | ||
unrelated child) and at least one parent does not object to | ||
the grandparent, great-grandparent, or sibling having | ||
visitation with the child. The visitation of the | ||
grandparent, great-grandparent, or sibling must not | ||
diminish the visitation of the parent who is not related to | ||
the grandparent, great-grandparent, or sibling seeking | ||
visitation; | ||
(C) (Blank); | ||
(D) the child is born out of wedlock, the parents are | ||
not living together, and the petitioner is a maternal | ||
grandparent, great-grandparent, or sibling of the child | ||
born out of wedlock; or | ||
(E) the child is born out of wedlock, the parents are | ||
not living together, the petitioner is a paternal | ||
grandparent, great-grandparent, or sibling, and the | ||
paternity has been established by a court of competent | ||
jurisdiction. | ||
(2) Any visitation rights granted pursuant to this Section | ||
before the filing of a petition for adoption of a child shall | ||
automatically terminate by operation of law upon the entry of | ||
an order terminating parental rights or granting the adoption |
of the child, whichever is earlier. If the person or persons | ||
who adopted the child are related to the child, as defined by | ||
Section 1 of the Adoption Act, any person who was related to | ||
the child as grandparent, great-grandparent, or sibling prior | ||
to the adoption shall have standing to bring an action pursuant | ||
to this Section requesting visitation with the child.
| ||
(3) In making a determination under this subsection (a-5), | ||
there is a
rebuttable
presumption that a fit parent's actions | ||
and decisions regarding grandparent,
great-grandparent, or | ||
sibling visitation are not harmful to the child's mental, | ||
physical, or emotional health. The
burden is on the
party | ||
filing a petition under this Section to prove that the
parent's | ||
actions and
decisions regarding visitation times are harmful to | ||
the child's mental, physical, or emotional health. | ||
(4) In determining whether to grant visitation, the court | ||
shall consider the following:
| ||
(A) the preference of the child if the child is | ||
determined to be of sufficient maturity to express a | ||
preference; | ||
(B) the mental and physical health of the child; | ||
(C) the mental and physical health of the grandparent, | ||
great-grandparent, or sibling; | ||
(D) the length and quality of the prior relationship | ||
between the child and the grandparent, great-grandparent, | ||
or sibling;
| ||
(E) the good faith of the party in filing the petition;
|
(F) the good faith of the person denying visitation; | ||
(G) the quantity of the visitation time requested and | ||
the potential adverse impact that visitation would have on | ||
the child's customary activities; | ||
(H) whether the child resided with the petitioner for | ||
at least
6 consecutive months with or without the current | ||
custodian present; | ||
(I) whether the petitioner had frequent or regular | ||
contact or visitation with the child for at least 12 | ||
consecutive months;
| ||
(J) any other fact that establishes that the loss of | ||
the relationship between the petitioner and the child is | ||
likely to harm the child's mental, physical, or emotional | ||
health; and | ||
(K) whether the grandparent, great-grandparent, or | ||
sibling was a primary caretaker of the child for a period | ||
of not less than 6 consecutive months.
| ||
(5) The court may order visitation rights for the | ||
grandparent, great-grandparent, or sibling that include | ||
reasonable access without requiring overnight or possessory | ||
visitation.
| ||
(a-7)(1) Unless by stipulation of the parties, no motion to | ||
modify a grandparent, great-grandparent, or sibling visitation | ||
order may be made earlier than 2 years after the date the order | ||
was filed, unless the court permits it to be made on the basis | ||
of affidavits that there is reason to believe the child's |
present environment may endanger seriously the child's mental, | ||
physical, or emotional health. | ||
(2) The court shall not modify an order that grants | ||
visitation to a grandparent, great-grandparent, or sibling | ||
unless it finds by clear and convincing evidence, upon the | ||
basis of facts that have arisen since the prior visitation | ||
order or that were unknown to the court at the time of entry of | ||
the prior visitation, that a change has occurred in the | ||
circumstances of the child or his or her custodian, and that | ||
the modification is necessary to protect the mental, physical, | ||
or emotional health of the child. The court shall state in its | ||
decision specific findings of fact in support of its | ||
modification or termination of the grandparent, | ||
great-grandparent, or sibling visitation. A child's parent may | ||
always petition to modify visitation upon changed | ||
circumstances when necessary to promote the child's best | ||
interest. | ||
(3) Attorney fees and costs shall be assessed against a | ||
party seeking modification of the visitation order if the court | ||
finds that the modification action is vexatious and constitutes | ||
harassment. | ||
(4) Notice under this subsection (a-7) shall be given as | ||
provided in subsections (c) and (d) of Section 601.
| ||
(b) (1) (Blank.)
| ||
(1.5) The Court may grant reasonable visitation privileges | ||
to a stepparent
upon petition to the court by the stepparent, |
with notice to the parties
required to be notified under | ||
Section 601 of this Act, if the court determines
that it is in | ||
the best interests and welfare of the child, and may issue any
| ||
necessary orders to enforce those visitation privileges.
A | ||
petition for visitation privileges may be filed under this | ||
paragraph (1.5)
whether or not a petition pursuant to this Act | ||
has been previously filed or is
currently pending if the | ||
following
circumstances are met:
| ||
(A) the child is at least 12 years old;
| ||
(B) the child resided continuously with the parent and | ||
stepparent for at
least 5 years;
| ||
(C) the parent is deceased or is disabled and is unable | ||
to care for the
child;
| ||
(D) the child wishes to have reasonable visitation with | ||
the stepparent;
and
| ||
(E) the stepparent was providing for the care, control, | ||
and welfare to the
child prior to the initiation of the | ||
petition for visitation.
| ||
(2)(A) A petition for visitation privileges shall not be | ||
filed pursuant
to this subsection (b) by the parents or | ||
grandparents of a putative father
if the paternity of the | ||
putative father has not been legally established.
| ||
(B) A petition for visitation privileges may not be filed | ||
under
this subsection (b) if the child who is the subject of | ||
the
grandparents' or great-grandparents' petition has been | ||
voluntarily
surrendered by the parent or parents, except for a |
surrender to the
Illinois Department of Children and Family | ||
Services or a foster care
facility, or has been previously | ||
adopted by an individual or individuals
who are not related to | ||
the biological parents of the child or is the
subject of a | ||
pending adoption petition by an individual or individuals who
| ||
are not related to the biological parents of the child.
| ||
(3) (Blank).
| ||
(c) The court may modify an order granting or denying | ||
visitation
rights of a parent whenever modification would serve | ||
the best interest of
the child;
but the court shall not | ||
restrict a parent's visitation rights unless it
finds that the | ||
visitation would endanger seriously the child's physical,
| ||
mental, moral or emotional health.
| ||
(d) If any court has entered an order prohibiting a | ||
non-custodial parent
of a child from any contact with a child
| ||
or restricting the non-custodial parent's contact with the | ||
child, the
following provisions shall apply:
| ||
(1) If an order has been entered granting visitation | ||
privileges with the
child to a grandparent or | ||
great-grandparent who is related to the child through
the | ||
non-custodial parent, the visitation privileges of the | ||
grandparent or
great-grandparent may be revoked if:
| ||
(i) a court has entered an order prohibiting the | ||
non-custodial parent
from any contact with the child, | ||
and the grandparent or great-grandparent is
found to | ||
have used his or her visitation privileges to |
facilitate contact
between the child and the | ||
non-custodial parent; or
| ||
(ii) a court has entered an order restricting the | ||
non-custodial parent's
contact with the child, and the | ||
grandparent or great-grandparent is found to
have used | ||
his or her visitation privileges to facilitate contact
| ||
between the child and the non-custodial parent in a | ||
manner that violates the
terms of the order restricting | ||
the non-custodial parent's contact with the
child.
| ||
Nothing in this subdivision (1) limits the authority of | ||
the court to
enforce its orders in any manner permitted by | ||
law.
| ||
(2) Any order granting visitation privileges with the | ||
child to a
grandparent or great-grandparent who is related | ||
to the child through the
non-custodial parent shall contain | ||
the following provision:
| ||
"If the (grandparent or great-grandparent, whichever | ||
is applicable) who has
been granted visitation privileges | ||
under this order uses the visitation
privileges to | ||
facilitate contact between the child and the child's
| ||
non-custodial parent, the visitation privileges granted | ||
under this order shall
be permanently revoked."
| ||
(e) No parent, not granted custody of the child, or | ||
grandparent, or
great-grandparent, or stepparent, or sibling | ||
of any minor child, convicted
of any offense
involving an | ||
illegal sex act perpetrated upon a victim less than 18 years of
|
age including but not limited to offenses for violations of | ||
Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70, | ||
or Article 12 of the
Criminal Code of 1961 or the Criminal Code | ||
of 2012 , is entitled to visitation rights while incarcerated
or | ||
while on parole, probation, conditional discharge, periodic
| ||
imprisonment, or
mandatory supervised release for that | ||
offense, and upon discharge from
incarceration for a | ||
misdemeanor offense or upon discharge from parole,
probation, | ||
conditional discharge, periodic imprisonment,
or mandatory | ||
supervised release for a felony offense, visitation shall be
| ||
denied until the person successfully completes a treatment | ||
program approved
by the court.
| ||
(f) Unless the court determines, after considering all | ||
relevant factors,
including but not limited to those set forth | ||
in Section 602(a), that it would
be in the best interests of | ||
the child to allow visitation, the court shall not
enter an | ||
order providing visitation rights and pursuant to a motion to | ||
modify
visitation shall revoke visitation rights previously | ||
granted to any
person who would otherwise be entitled to | ||
petition for visitation rights under
this Section who has been | ||
convicted of first degree murder of the parent,
grandparent, | ||
great-grandparent, or sibling of the child who is the subject | ||
of
the order. Until an order is entered pursuant to this | ||
subsection, no person
shall visit, with
the child present, a | ||
person who has been convicted of first degree murder of
the | ||
parent, grandparent, great-grandparent, or sibling of the |
child
without the consent of the child's parent, other than a | ||
parent convicted of
first degree murder as set forth herein, or | ||
legal
guardian.
| ||
(g) (Blank).
| ||
(h) Upon motion, the court may allow a parent who is | ||
deployed or who has orders to be deployed as a member of the | ||
United States Armed Forces to designate a person known to the | ||
child to exercise reasonable substitute visitation on behalf of | ||
the deployed parent, if the court determines that substitute | ||
visitation is in the best interest of the child. In determining | ||
whether substitute visitation is in the best interest of the | ||
child, the court shall consider all of the relevant factors | ||
listed in subsection (a) of Section 602 and apply those factors | ||
to the person designated as a substitute for the deployed | ||
parent for visitation purposes. | ||
(Source: P.A. 96-331, eff. 1-1-10; 97-659, eff. 6-1-12 .)
| ||
(750 ILCS 5/607.1) (from Ch. 40, par. 607.1)
| ||
Sec. 607.1. Enforcement of visitation orders; visitation | ||
abuse.
| ||
(a) The circuit court shall provide an expedited procedure | ||
for
enforcement of court ordered visitation in cases of | ||
visitation abuse.
Visitation abuse occurs when a party has | ||
willfully and without
justification: (1) denied another party | ||
visitation as set forth by the
court; or (2) exercised his or | ||
her visitation rights in a manner
that is harmful to the child |
or child's custodian.
| ||
(b) An Action may be commenced by filing a petition setting | ||
forth: (i)
the petitioner's name, residence address or mailing | ||
address, and telephone
number; (ii) respondent's name and place | ||
of residence, place of employment,
or mailing address; (iii) | ||
the nature of the visitation abuse, giving dates
and other | ||
relevant information; (iv) that a reasonable attempt was made | ||
to
resolve the dispute; and (v) the relief sought.
| ||
Notice of the filing of the petitions shall be given as | ||
provided
in Section 511.
| ||
(c) After hearing all of the evidence, the court may order | ||
one or more of
the following:
| ||
(1) Modification of the visitation order to | ||
specifically outline periods
of visitation or restrict | ||
visitation as provided by law.
| ||
(2) Supervised visitation with a third party or public | ||
agency.
| ||
(3) Make up visitation of the same time period, such as | ||
weekend for
weekend, holiday for holiday.
| ||
(4) Counseling or mediation, except in cases where | ||
there is
evidence of domestic violence, as defined in | ||
Section 1 of the Domestic
Violence Shelters Act, occurring | ||
between the parties.
| ||
(5) Other appropriate relief deemed equitable.
| ||
(c-1) When the court issues an order holding a party in | ||
contempt for violation of a visitation order and finds that the |
party engaged in visitation abuse, the court may order one or | ||
more of the following: | ||
(1) Suspension of a party's Illinois driving | ||
privileges pursuant to Section 7-703 of the Illinois | ||
Vehicle Code until the court determines that the party is | ||
in compliance with the visitation order. The court may also | ||
order that a party be issued a family financial | ||
responsibility driving permit that would allow limited | ||
driving privileges for employment, for medical purposes, | ||
and to transport a child to or from scheduled visitation in | ||
order to comply with a visitation order in accordance with | ||
subsection (a-1) of Section 7-702.1 of the Illinois Vehicle | ||
Code. | ||
(2) Placement of a party on probation with such | ||
conditions of probation as the court deems advisable. | ||
(3) Sentencing of a party to periodic imprisonment for | ||
a period not to exceed 6 months; provided, that the court | ||
may permit the party to be released for periods of time | ||
during the day or night to: | ||
(A) work; or | ||
(B) conduct a business or other self-employed | ||
occupation. | ||
(4) Find that a party in engaging in visitation abuse | ||
is guilty of a petty offense and should be fined an amount | ||
of no more than $500 for each finding of visitation abuse. | ||
(d) Nothing contained in this Section shall be construed to |
limit the
court's contempt power, except as provided in | ||
subsection (g) of this
Section.
| ||
(e) When the court issues an order holding a party in | ||
contempt of court
for violation of a visitation order, the | ||
clerk shall transmit a copy of
the contempt order to the | ||
sheriff of the county. The sheriff shall furnish
a copy of each | ||
contempt order to the Department of State Police on a daily
| ||
basis in the form and manner required by the Department. The | ||
Department
shall maintain a complete record and index of the | ||
contempt orders and make
this data available to all local law | ||
enforcement agencies.
| ||
(f) Attorney fees and costs shall be assessed against a | ||
party if the
court finds that the enforcement action is | ||
vexatious and constitutes
harassment.
| ||
(g) A person convicted of unlawful visitation or parenting | ||
time interference under Section
10-5.5 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 shall not be subject to the | ||
provisions of
this Section and the court may not enter a | ||
contempt order for visitation abuse
against any person for the | ||
same conduct for which the person was convicted of
unlawful | ||
visitation interference or subject
that
person to the sanctions | ||
provided for in this Section.
| ||
(Source: P.A. 96-333, eff. 8-11-09; 96-675, eff. 8-25-09; | ||
97-1047, eff. 8-21-12.)
| ||
Section 765. The Illinois Parentage Act of 1984 is amended |
by changing Section 6.5 as follows: | ||
(750 ILCS 45/6.5) | ||
Sec. 6.5. Custody or visitation by sex offender prohibited.
| ||
(a) This Section applies to a person who has been found to | ||
be the father of a child under this Act and who has been | ||
convicted of or who has pled guilty or nolo contendere to a | ||
violation of Section 11-1.20 (criminal sexual assault), | ||
Section 11-1.30 (aggravated criminal sexual assault), Section | ||
11-1.40 (predatory criminal sexual assault of a child), Section | ||
11-1.50 (criminal sexual abuse), Section 11-1.60 (aggravated | ||
criminal sexual abuse), Section 11-11 (sexual relations within | ||
families), Section 12-13 (criminal sexual assault), Section | ||
12-14 (aggravated criminal sexual assault), Section 12-14.1 | ||
(predatory criminal sexual assault of a child), Section 12-15 | ||
(criminal sexual abuse), or Section 12-16 (aggravated criminal | ||
sexual abuse) of the Criminal Code of 1961 or the Criminal Code | ||
of 2012 , or a similar statute in another jurisdiction, for his | ||
conduct in fathering that child. | ||
(b) A person described in subsection (a) shall not be | ||
entitled to custody of or visitation with that child without | ||
the consent of the child's mother or guardian. If the person | ||
described in subsection (a) is also the guardian of the child, | ||
he does not have the authority to consent to visitation or | ||
custody under this Section. If the mother of the child is a | ||
minor, and the person described in subsection (a) is also the |
father or guardian of the mother, then he does not have the | ||
authority to consent to custody or visits. | ||
(c) Notwithstanding any other provision of this Act, | ||
nothing in this Section shall be construed to relieve the | ||
father described in subsection (a) of any support and | ||
maintenance obligations to the child under this Act.
| ||
(Source: P.A. 96-1551, eff. 7-1-11; 97-568, eff. 8-25-11.) | ||
Section 770. The Adoption Act is amended by changing | ||
Sections 1, 8, 12.1, and 14 as follows:
| ||
(750 ILCS 50/1) (from Ch. 40, par. 1501)
| ||
Sec. 1. Definitions. When used in this Act, unless the | ||
context
otherwise requires:
| ||
A. "Child" means a person under legal age subject to | ||
adoption under
this Act.
| ||
B. "Related child" means a child subject to adoption where | ||
either or both of
the adopting parents stands in any of the | ||
following relationships to the child
by blood or marriage: | ||
parent, grand-parent, brother, sister, step-parent,
| ||
step-grandparent, step-brother, step-sister, uncle, aunt, | ||
great-uncle,
great-aunt, or cousin of first degree. A child | ||
whose parent has executed
a final irrevocable consent to | ||
adoption or a final irrevocable surrender
for purposes of | ||
adoption, or whose parent has had his or her parental rights
| ||
terminated, is not a related child to that person, unless the |
consent is
determined to be void or is void pursuant to | ||
subsection O of Section 10.
| ||
C. "Agency" for the purpose of this Act means a public | ||
child welfare agency
or a licensed child welfare agency.
| ||
D. "Unfit person" means any person whom the court shall | ||
find to be unfit
to have a child, without regard to the | ||
likelihood that the child will be
placed for adoption. The | ||
grounds of unfitness are any one or more
of the following, | ||
except that a person shall not be considered an unfit
person | ||
for the sole reason that the person has relinquished a child in
| ||
accordance with the Abandoned Newborn Infant Protection Act:
| ||
(a) Abandonment of the child.
| ||
(a-1) Abandonment of a newborn infant in a hospital.
| ||
(a-2) Abandonment of a newborn infant in any setting | ||
where the evidence
suggests that the parent intended to | ||
relinquish his or her parental rights.
| ||
(b) Failure to maintain a reasonable degree of | ||
interest, concern or
responsibility as to the child's | ||
welfare.
| ||
(c) Desertion of the child for more than 3 months next | ||
preceding the
commencement of the Adoption proceeding.
| ||
(d) Substantial neglect
of the
child if continuous or | ||
repeated.
| ||
(d-1) Substantial neglect, if continuous or repeated, | ||
of any child
residing in the household which resulted in | ||
the death of that child.
|
(e) Extreme or repeated cruelty to the child.
| ||
(f) There is a rebuttable presumption, which can be | ||
overcome only by clear and convincing evidence, that a | ||
parent is unfit if:
| ||
(1) Two or more findings of physical abuse have | ||
been entered regarding any children under Section 2-21 | ||
of the Juvenile Court Act
of 1987, the most recent of | ||
which was determined by the juvenile court
hearing the | ||
matter to be supported by clear and convincing | ||
evidence; or | ||
(2) The parent has been convicted or found not | ||
guilty by reason of insanity and the conviction or | ||
finding resulted from the death of any child by | ||
physical abuse; or
| ||
(3) There is a finding of physical child abuse | ||
resulting from the death of any
child under Section | ||
2-21 of the
Juvenile Court Act of 1987. | ||
No conviction or finding of delinquency pursuant | ||
to Article 5 of the Juvenile Court Act of 1987 shall be | ||
considered a criminal conviction for the purpose of | ||
applying any presumption under this item (f).
| ||
(g) Failure to protect the child from conditions within | ||
his environment
injurious to the child's welfare.
| ||
(h) Other neglect of, or misconduct toward the child; | ||
provided that in
making a finding of unfitness the court | ||
hearing the adoption proceeding
shall not be bound by any |
previous finding, order or judgment affecting
or | ||
determining the rights of the parents toward the child | ||
sought to be adopted
in any other proceeding except such | ||
proceedings terminating parental rights
as shall be had | ||
under either this Act, the Juvenile Court Act or
the | ||
Juvenile Court Act of 1987.
| ||
(i) Depravity. Conviction of any one of the following
| ||
crimes shall create a presumption that a parent is depraved | ||
which can be
overcome only by clear and convincing | ||
evidence:
(1) first degree murder in violation of paragraph | ||
1 or
2 of subsection (a) of Section 9-1 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 or conviction
of | ||
second degree murder in violation of subsection (a) of | ||
Section 9-2 of the
Criminal Code of 1961 or the Criminal | ||
Code of 2012 of a parent of the child to be adopted; (2)
| ||
first degree murder or second degree murder of any child in
| ||
violation of the Criminal Code of 1961 or the Criminal Code | ||
of 2012 ; (3)
attempt or conspiracy to commit first degree | ||
murder or second degree murder
of any child in violation of | ||
the Criminal Code of 1961 or the Criminal Code of 2012 ; (4)
| ||
solicitation to commit murder of any child, solicitation to
| ||
commit murder of any child for hire, or solicitation to | ||
commit second
degree murder of any child in violation of | ||
the Criminal Code of 1961 or the Criminal Code of 2012 ; (5)
| ||
predatory criminal sexual assault of a child in violation | ||
of
Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 |
or the Criminal Code of 2012 ; (6) heinous battery of any | ||
child in violation of the Criminal Code of 1961; or (7) | ||
aggravated battery of any child in violation of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 .
| ||
There is a rebuttable presumption that a parent is | ||
depraved if the parent
has been criminally convicted of at | ||
least 3 felonies under the laws of this
State or any other | ||
state, or under federal law, or the criminal laws of any
| ||
United States territory; and at least
one of these
| ||
convictions took place within 5 years of the filing of the | ||
petition or motion
seeking termination of parental rights.
| ||
There is a rebuttable presumption that a parent is | ||
depraved if that
parent
has
been criminally convicted of | ||
either first or second degree murder of any person
as | ||
defined in the Criminal Code of 1961 or the Criminal Code | ||
of 2012 within 10 years of the filing date of
the petition | ||
or motion to terminate parental rights. | ||
No conviction or finding of delinquency pursuant to | ||
Article 5 of the Juvenile Court Act of 1987 shall be | ||
considered a criminal conviction for the purpose of | ||
applying any presumption under this item (i).
| ||
(j) Open and notorious adultery or fornication.
| ||
(j-1) (Blank).
| ||
(k) Habitual drunkenness or addiction to drugs, other | ||
than those
prescribed by a physician, for at least one year | ||
immediately
prior to the commencement of the unfitness |
proceeding.
| ||
There is a rebuttable presumption that a parent is | ||
unfit under this
subsection
with respect to any child to | ||
which that parent gives birth where there is a
confirmed
| ||
test result that at birth the child's blood, urine, or | ||
meconium contained any
amount of a controlled substance as | ||
defined in subsection (f) of Section 102 of
the Illinois | ||
Controlled Substances Act or metabolites of such | ||
substances, the
presence of which in the newborn infant was | ||
not the result of medical treatment
administered to the | ||
mother or the newborn infant; and the biological mother of
| ||
this child is the biological mother of at least one other | ||
child who was
adjudicated a neglected minor under | ||
subsection (c) of Section 2-3 of the
Juvenile Court Act of | ||
1987.
| ||
(l) Failure to demonstrate a reasonable degree of | ||
interest, concern or
responsibility as to the welfare of a | ||
new born child during the first 30
days after its birth.
| ||
(m) Failure by a parent (i) to make reasonable efforts | ||
to correct the
conditions that were the basis for the | ||
removal of the child from the
parent, or (ii) to make | ||
reasonable progress toward the return of the child
to
the | ||
parent within 9 months after an adjudication of neglected | ||
or abused
minor under Section 2-3 of the Juvenile Court Act | ||
of 1987 or dependent
minor under Section 2-4 of that Act, | ||
or (iii) to make reasonable progress
toward the return of |
the
child to the parent during any 9-month period after the | ||
end of the initial
9-month period following the | ||
adjudication of
neglected or abused minor under Section 2-3 | ||
of the Juvenile Court
Act of 1987 or dependent minor under | ||
Section 2-4 of that Act.
If a service plan has been | ||
established as
required under
Section 8.2 of the Abused and | ||
Neglected Child Reporting Act to correct the
conditions | ||
that were the basis for the removal of the child from the | ||
parent
and if those services were available,
then, for | ||
purposes of this Act, "failure to make reasonable progress | ||
toward the
return of the child to the parent" includes (I) | ||
the parent's failure to
substantially fulfill his or her | ||
obligations under the
service plan and correct the | ||
conditions that brought the child into care
within 9 months | ||
after the adjudication under Section 2-3 or 2-4
of the | ||
Juvenile Court Act of 1987
and (II) the parent's failure to | ||
substantially fulfill his or her obligations
under
the | ||
service plan and correct the conditions that brought the | ||
child into care
during any 9-month period after the end of | ||
the initial 9-month period
following the adjudication | ||
under Section 2-3 or 2-4 of the Juvenile Court
Act of 1987. | ||
Notwithstanding any other provision, when a petition or | ||
motion seeks to terminate parental rights on the basis of | ||
item (iii) of this subsection (m), the petitioner shall | ||
file with the court and serve on the parties a pleading | ||
that specifies the 9-month period or periods relied on. The |
pleading shall be filed and served on the parties no later | ||
than 3 weeks before the date set by the court for closure | ||
of discovery, and the allegations in the pleading shall be | ||
treated as incorporated into the petition or motion. | ||
Failure of a respondent to file a written denial of the | ||
allegations in the pleading shall not be treated as an | ||
admission that the allegations are true.
| ||
(m-1) Pursuant to the Juvenile Court Act of 1987, a | ||
child
has been in foster care for 15 months out of any 22 | ||
month period which begins
on or after the effective date of | ||
this amendatory Act of 1998 unless the
child's parent can | ||
prove
by a preponderance of the evidence that it is more | ||
likely than not that it will
be in the best interests of | ||
the child to be returned to the parent within 6
months of | ||
the date on which a petition for termination of parental | ||
rights is
filed under the Juvenile Court Act of 1987. The | ||
15 month time limit is tolled
during
any period for which | ||
there is a court finding that the appointed custodian or
| ||
guardian failed to make reasonable efforts to reunify the | ||
child with his or her
family, provided that (i) the finding | ||
of no reasonable efforts is made within
60 days of the | ||
period when reasonable efforts were not made or (ii) the | ||
parent
filed a motion requesting a finding of no reasonable | ||
efforts within 60 days of
the period when reasonable | ||
efforts were not made. For purposes of this
subdivision | ||
(m-1), the date of entering foster care is the earlier of: |
(i) the
date of
a judicial finding at an adjudicatory | ||
hearing that the child is an abused,
neglected, or | ||
dependent minor; or (ii) 60 days after the date on which | ||
the
child is removed from his or her parent, guardian, or | ||
legal custodian.
| ||
(n) Evidence of intent to forgo his or her parental | ||
rights,
whether or
not the child is a ward of the court, | ||
(1) as manifested
by his or her failure for a period of 12 | ||
months: (i) to visit the child,
(ii) to communicate with | ||
the child or agency, although able to do so and
not | ||
prevented from doing so by an agency or by court order, or | ||
(iii) to
maintain contact with or plan for the future of | ||
the child, although physically
able to do so, or (2) as | ||
manifested by the father's failure, where he
and the mother | ||
of the child were unmarried to each other at the time of | ||
the
child's birth, (i) to commence legal proceedings to | ||
establish his paternity
under the Illinois Parentage Act of | ||
1984 or the law of the jurisdiction of
the child's birth | ||
within 30 days of being informed, pursuant to Section 12a
| ||
of this Act, that he is the father or the likely father of | ||
the child or,
after being so informed where the child is | ||
not yet born, within 30 days of
the child's birth, or (ii) | ||
to make a good faith effort to pay a reasonable
amount of | ||
the expenses related to the birth of the child and to | ||
provide a
reasonable amount for the financial support of | ||
the child, the court to
consider in its determination all |
relevant circumstances, including the
financial condition | ||
of both parents; provided that the ground for
termination | ||
provided in this subparagraph (n)(2)(ii) shall only be
| ||
available where the petition is brought by the mother or | ||
the husband of
the mother.
| ||
Contact or communication by a parent with his or her | ||
child that does not
demonstrate affection and concern does | ||
not constitute reasonable contact
and planning under | ||
subdivision (n). In the absence of evidence to the
| ||
contrary, the ability to visit, communicate, maintain | ||
contact, pay
expenses and plan for the future shall be | ||
presumed. The subjective intent
of the parent, whether | ||
expressed or otherwise, unsupported by evidence of
the | ||
foregoing parental acts manifesting that intent, shall not | ||
preclude a
determination that the parent has intended to | ||
forgo his or her
parental
rights. In making this | ||
determination, the court may consider but shall not
require | ||
a showing of diligent efforts by an authorized agency to | ||
encourage
the parent to perform the acts specified in | ||
subdivision (n).
| ||
It shall be an affirmative defense to any allegation | ||
under paragraph
(2) of this subsection that the father's | ||
failure was due to circumstances
beyond his control or to | ||
impediments created by the mother or any other
person | ||
having legal custody. Proof of that fact need only be by a
| ||
preponderance of the evidence.
|
(o) Repeated or continuous failure by the parents, | ||
although physically
and financially able, to provide the | ||
child with adequate food, clothing,
or shelter.
| ||
(p) Inability to discharge parental responsibilities | ||
supported by
competent evidence from a psychiatrist, | ||
licensed clinical social
worker, or clinical psychologist | ||
of mental
impairment, mental illness or an intellectual | ||
disability as defined in Section
1-116 of the Mental Health | ||
and Developmental Disabilities Code, or
developmental | ||
disability as defined in Section 1-106 of that Code, and
| ||
there is sufficient justification to believe that the | ||
inability to
discharge parental responsibilities shall | ||
extend beyond a reasonable
time period. However, this | ||
subdivision (p) shall not be construed so as to
permit a | ||
licensed clinical social worker to conduct any medical | ||
diagnosis to
determine mental illness or mental | ||
impairment.
| ||
(q) (Blank).
| ||
(r) The child is in the temporary custody or | ||
guardianship of the
Department of Children and Family | ||
Services, the parent is incarcerated as a
result of | ||
criminal conviction at the time the petition or motion for
| ||
termination of parental rights is filed, prior to | ||
incarceration the parent had
little or no contact with the | ||
child or provided little or no support for the
child, and | ||
the parent's incarceration will prevent the parent from |
discharging
his or her parental responsibilities for the | ||
child for a period in excess of 2
years after the filing of | ||
the petition or motion for termination of parental
rights.
| ||
(s) The child is in the temporary custody or | ||
guardianship of the
Department of Children and Family | ||
Services, the parent is incarcerated at the
time the | ||
petition or motion for termination of parental rights is | ||
filed, the
parent has been repeatedly incarcerated as a | ||
result of criminal convictions,
and the parent's repeated | ||
incarceration has prevented the parent from
discharging | ||
his or her parental responsibilities for the child.
| ||
(t) A finding that at birth the child's blood,
urine, | ||
or meconium contained any amount of a controlled substance | ||
as
defined in subsection (f) of Section 102 of the Illinois | ||
Controlled Substances
Act, or a metabolite of a controlled | ||
substance, with the exception of
controlled substances or | ||
metabolites of such substances, the presence of which
in | ||
the newborn infant was the result of medical treatment | ||
administered to the
mother or the newborn infant, and that | ||
the biological mother of this child is
the biological | ||
mother of at least one other child who was adjudicated a
| ||
neglected minor under subsection (c) of Section 2-3 of the | ||
Juvenile Court Act
of 1987, after which the biological | ||
mother had the opportunity to enroll in
and participate in | ||
a clinically appropriate substance abuse
counseling, | ||
treatment, and rehabilitation program.
|
E. "Parent" means the father or mother of a lawful child of | ||
the parties or child born out of wedlock. For the purpose of | ||
this Act, a person who has executed a final and
irrevocable | ||
consent to adoption or a final and irrevocable surrender for
| ||
purposes of adoption, or whose parental rights have been | ||
terminated by a
court, is not a parent of the child who was the | ||
subject of the consent or
surrender, unless the consent is void | ||
pursuant to subsection O of Section 10.
| ||
F. A person is available for adoption when the person is:
| ||
(a) a child who has been surrendered for adoption to an | ||
agency and to
whose adoption the agency has thereafter | ||
consented;
| ||
(b) a child to whose adoption a person authorized by | ||
law, other than his
parents, has consented, or to whose | ||
adoption no consent is required pursuant
to Section 8 of | ||
this Act;
| ||
(c) a child who is in the custody of persons who intend | ||
to adopt him
through placement made by his parents;
| ||
(c-1) a child for whom a parent has signed a specific | ||
consent pursuant
to subsection O of Section 10;
| ||
(d) an adult who meets the conditions set forth in | ||
Section 3 of this
Act; or
| ||
(e) a child who has been relinquished as defined in | ||
Section 10 of the
Abandoned Newborn Infant Protection Act.
| ||
A person who would otherwise be available for adoption | ||
shall not be
deemed unavailable for adoption solely by reason |
of his or her death.
| ||
G. The singular includes the plural and the plural includes
| ||
the singular and the "male" includes the "female", as the | ||
context of this
Act may require.
| ||
H. "Adoption disruption" occurs when an adoptive placement | ||
does not
prove successful and it becomes necessary for the | ||
child to be removed from
placement before the adoption is | ||
finalized.
| ||
I. "Foreign placing agency" is an agency or individual | ||
operating in a
country or territory outside the United States | ||
that is authorized by its
country to place children for | ||
adoption either directly with families in the
United States or | ||
through United States based international agencies.
| ||
J. "Immediate relatives" means the biological parents, the | ||
parents of
the biological parents and siblings of the | ||
biological parents.
| ||
K. "Intercountry adoption" is a process by which a child | ||
from a country
other than the United States is adopted.
| ||
L. "Intercountry Adoption Coordinator" is a staff person of | ||
the
Department of Children and Family Services appointed by the | ||
Director to
coordinate the provision of services by the public | ||
and private sector to
prospective parents of foreign-born | ||
children.
| ||
M. "Interstate Compact on the Placement of Children" is a | ||
law enacted by
most states for the purpose of establishing | ||
uniform procedures for handling
the interstate placement of |
children in foster homes, adoptive homes, or
other child care | ||
facilities.
| ||
N. "Non-Compact state" means a state that has not enacted | ||
the
Interstate Compact on the Placement of Children.
| ||
O. "Preadoption requirements" are any conditions | ||
established by the laws
or regulations of the Federal | ||
Government or of each state that must be met
prior to the | ||
placement of a child in an adoptive home.
| ||
P. "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
the child physical injury, by other than | ||
accidental means, that 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 | ||
the 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 the child,
as sex offenses are defined in the | ||
Criminal Code of 2012 1961
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
the child; or
| ||
(e) inflicts excessive corporal punishment.
| ||
Q. "Neglected child" means any child whose parent or other | ||
person
responsible for the child's welfare withholds or denies | ||
nourishment or
medically indicated treatment including food or | ||
care denied 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 does not provide the proper or necessary support, | ||
education
as required by law, 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.
| ||
A child shall not be considered neglected or abused for the
| ||
sole reason that the 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 the Abused and Neglected | ||
Child Reporting Act.
A child shall not be considered neglected | ||
or abused for the sole reason that
the child's parent or other | ||
person responsible for the child's welfare failed
to vaccinate, | ||
delayed vaccination, or refused vaccination for the child
due | ||
to a waiver on religious or medical grounds as permitted by |
law.
| ||
R. "Putative father" means a man who may be a child's | ||
father, but who (1) is
not married to the child's mother on or | ||
before the date that the child was or
is to be born and (2) has | ||
not established paternity of the child in a court
proceeding | ||
before the filing of a petition for the adoption of the child. | ||
The
term includes a male who is less than 18 years of age. | ||
"Putative father" does
not mean a man who is the child's father | ||
as a result of criminal sexual abuse
or assault as defined | ||
under Article 11 12 of the Criminal Code of 2012 1961 .
| ||
S. "Standby adoption" means an adoption in which a parent
| ||
consents to custody and termination of parental rights to | ||
become
effective upon the occurrence of a future event, which | ||
is either the death of
the
parent or the request of the parent
| ||
for the entry of a final judgment of adoption.
| ||
T. (Blank).
| ||
(Source: P.A. 96-1551, eff. 7-1-11; 97-227, eff. 1-1-12; | ||
97-1109, eff. 1-1-13.)
| ||
(750 ILCS 50/8) (from Ch. 40, par. 1510)
| ||
Sec. 8. Consents to adoption and surrenders for purposes of
| ||
adoption.
| ||
(a) Except as hereinafter provided in this
Section consents | ||
or surrenders shall be required in all cases, unless the
person | ||
whose
consent or surrender would otherwise be required shall be | ||
found by the
court:
|
(1) to be an unfit person
as defined in Section
1 of | ||
this Act, by clear and convincing evidence; or
| ||
(2) not to be the biological or adoptive father of the | ||
child; or
| ||
(3) to have waived his parental rights to the child | ||
under Section 12a or
12.1 or subsection S of Section 10 of
| ||
this Act; or
| ||
(4) to be the parent of an adult
sought to be adopted; | ||
or
| ||
(5) to be
the father of the child as a result of | ||
criminal sexual abuse or assault as
defined under Article | ||
11 12 of the Criminal Code of 2012 1961 ; or
| ||
(6) to be the father of a child who: | ||
(i) is a family member of the mother of the child, | ||
and the mother is under the age of 18 at the time of | ||
the child's conception; for purposes of this | ||
subsection, a "family member" is a parent, | ||
step-parent, grandparent, step-grandparent, sibling, | ||
or cousin of the first degree, whether by whole blood, | ||
half-blood, or adoption, as well as a person age 18 or | ||
over at the time of the child's conception who has | ||
resided in the household with the mother continuously | ||
for at least one year; or | ||
(ii) is at least 5 years older than the child's | ||
mother, and the mother was under the age of 17 at the | ||
time of the child's conception, unless the mother and |
father voluntarily acknowledge the father's paternity | ||
of the child by marrying or by establishing the | ||
father's paternity by consent of the parties pursuant | ||
to the Illinois Parentage Act of 1984 or pursuant to a | ||
substantially similar statute in another state. | ||
A criminal conviction of any offense pursuant to | ||
Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||
11-1.70, 12C-5, 12C-10, 12C-35, 12C-40, 12C-45, 18-6, | ||
19-6, or Article 12 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 is not required.
| ||
(b) Where consents are required in the case of an adoption
| ||
of a minor child, the consents of the following persons shall | ||
be
sufficient:
| ||
(1) (A) The mother of the minor child; and
| ||
(B) The father of the minor child, if the father:
| ||
(i) was married to the mother on the date of | ||
birth of the child or
within
300 days before the | ||
birth of the child, except for a husband or former
| ||
husband who has been found by a court of competent | ||
jurisdiction not to be the
biological father of the | ||
child; or
| ||
(ii) is the father of the child under a | ||
judgment for adoption, an
order of parentage, or an | ||
acknowledgment of parentage or paternity pursuant
| ||
to subsection (a) of Section 5 of the Illinois | ||
Parentage Act of 1984; or
|
(iii) in the case of a child placed with the | ||
adopting parents less
than
6 months after birth, | ||
openly lived with the child, the child's | ||
biological
mother, or
both,
and
held himself out to | ||
be the child's biological father during the first | ||
30 days
following the birth of the child; or
| ||
(iv) in the case of a child placed with the | ||
adopting parents less than
6
months after birth, | ||
made a good faith effort to pay a reasonable amount | ||
of the
expenses
related to the birth of the child | ||
and to provide a reasonable amount for the
| ||
financial support of the child before the | ||
expiration of 30 days following the
birth of the | ||
child,
provided that the court may consider in its | ||
determination all
relevant circumstances, | ||
including the financial condition of both | ||
biological
parents; or
| ||
(v) in the case of a child placed with the | ||
adopting parents
more
than 6 months after birth, | ||
has maintained substantial and continuous or
| ||
repeated contact with the child as manifested by:
| ||
(I) the payment by the father
toward the support of | ||
the child of a fair and reasonable sum, according | ||
to the
father's means, and either (II) the father's | ||
visiting the child at least
monthly
when | ||
physically and financially able to do so and not |
prevented from doing so
by the person or authorized | ||
agency having lawful custody of the child, or (III)
| ||
the father's regular communication with the child | ||
or with the person or agency
having the care or | ||
custody of the child, when physically and | ||
financially unable
to visit the child or prevented | ||
from doing so by the person or authorized
agency | ||
having lawful custody of the child. The subjective | ||
intent of the
father,
whether expressed or | ||
otherwise unsupported by evidence of acts | ||
specified in
this sub-paragraph as manifesting | ||
such intent, shall not preclude a
determination | ||
that the father failed to maintain substantial and | ||
continuous or
repeated contact with the child; or
| ||
(vi) in the case of a child placed with the | ||
adopting parents more than
six
months after birth, | ||
openly lived with the child for a period of six | ||
months
within the one year period immediately | ||
preceding the placement of the child for
adoption | ||
and openly held himself out to be the father of the | ||
child; or
| ||
(vii) has timely registered with Putative | ||
Father Registry, as provided
in
Section 12.1 of | ||
this Act,
and prior to the expiration of 30 days | ||
from the date
of such registration, commenced | ||
legal
proceedings to establish paternity under the |
Illinois Parentage Act of 1984
or under the law of | ||
the jurisdiction of the child's birth; or
| ||
(2) The legal guardian of the person of the child, if | ||
there
is no surviving parent; or
| ||
(3) An agency, if the child has been surrendered for
| ||
adoption to such agency; or
| ||
(4) Any person or agency having legal custody of a | ||
child by court order
if the parental rights of the parents | ||
have been judicially terminated, and
the court having | ||
jurisdiction of the guardianship of the child has | ||
authorized
the consent to the adoption; or
| ||
(5) The execution and
verification of the petition by | ||
any petitioner who is
also a parent of the child sought to | ||
be adopted shall be sufficient evidence
of such parent's | ||
consent to the adoption.
| ||
(c) Where surrenders to an agency are required in the case | ||
of a placement
for adoption of a minor child by an agency, the | ||
surrenders of the following
persons shall be sufficient:
| ||
(1) (A) The mother of the minor child; and
| ||
(B) The father of the minor child, if the father:
| ||
(i) was married to the mother on the date of | ||
birth of the child or
within 300 days before the | ||
birth of the child, except for a husband or former
| ||
husband who has been found by a court of competent | ||
jurisdiction not to be the
biological father of the | ||
child; or
|
(ii) is the father of the child under a | ||
judgment for adoption, an
order of parentage, or an | ||
acknowledgment of parentage or paternity pursuant
| ||
to subsection (a) of Section 5 of the Illinois | ||
Parentage Act of 1984; or
| ||
(iii) in the case of a child placed with the | ||
adopting parents less
than
6 months after birth, | ||
openly lived with the child, the child's | ||
biological
mother, or
both,
and
held himself out to | ||
be the child's biological father during the first | ||
30 days
following the birth of a child; or
| ||
(iv) in the case of a child placed with the | ||
adopting parents less than
6
months after birth, | ||
made a good faith effort to pay a reasonable amount | ||
of the
expenses
related to the birth of the child | ||
and to provide a reasonable amount for the
| ||
financial support of the child before
the | ||
expiration of 30 days following the birth of
the
| ||
child,
provided that the court may consider in its | ||
determination all relevant
circumstances, | ||
including the financial condition of both | ||
biological parents;
or
| ||
(v) in the case of a child placed with the | ||
adopting parents more than
six
months after birth, | ||
has maintained substantial and continuous or | ||
repeated
contact with the child as manifested by: |
(I) the payment by the father toward
the support of | ||
the child of a fair and reasonable sum, according | ||
to the
father's means, and either (II) the father's | ||
visiting the child at least
monthly when | ||
physically and financially able to do so and not | ||
prevented from
doing so by the person or authorized | ||
agency having lawful custody of the child
or (III) | ||
the father's regular communication with the child | ||
or with the person
or agency having the care or | ||
custody of the child, when physically and
| ||
financially unable to visit the child or prevented | ||
from doing so by the person
or authorized agency | ||
having lawful custody of the child. The subjective
| ||
intent of the father, whether expressed or | ||
otherwise, unsupported by evidence
of acts | ||
specified in this sub-paragraph as manifesting | ||
such intent, shall not
preclude a determination | ||
that the father failed to maintain substantial and
| ||
continuous or repeated contact with the child; or
| ||
(vi) in the case of a child placed with the | ||
adopting parents more than
six
months after birth, | ||
openly lived with the child for a period of six | ||
months
within the one year period immediately | ||
preceding the placement of the child for
adoption | ||
and openly held himself out to be the father of the | ||
child; or
|
(vii) has timely registered with the Putative | ||
Father Registry, as
provided
in Section 12.1 of | ||
this Act,
and prior to the expiration of 30 days | ||
from the date
of such
registration, commenced | ||
legal
proceedings to establish paternity under the | ||
Illinois Parentage Act of 1984, or
under the law of | ||
the jurisdiction of the child's birth.
| ||
(d) In making a determination under subparagraphs (b)(1) | ||
and (c)(1), no
showing shall be required of diligent efforts by | ||
a person or agency to
encourage the father to perform the acts | ||
specified therein.
| ||
(e) In the case of the adoption of an adult, only the | ||
consent of
such adult shall be required.
| ||
(Source: P.A. 97-493, eff. 8-22-11.)
| ||
(750 ILCS 50/12.1)
| ||
Sec. 12.1. Putative Father Registry. The Department of | ||
Children and Family
Services shall establish a Putative Father | ||
Registry for the purpose of
determining the
identity and | ||
location of a putative father of a minor child who is, or is
| ||
expected to be, the subject of an adoption proceeding, in order | ||
to provide
notice of such proceeding to the putative father. | ||
The Department of Children
and Family Services shall establish | ||
rules and informational material necessary
to implement the | ||
provisions of this Section. The Department shall have the
| ||
authority to set reasonable fees for the use of the Registry. |
All such fees for the use of the Registry that are received by | ||
the Department or its agent shall be deposited into the fund | ||
authorized under subsection (b) of Section 25 of the Children | ||
and Family Services Act. The Department shall use the moneys in | ||
that fund for the purpose of maintaining the Registry.
| ||
(a) The Department shall maintain the following | ||
information in the Registry:
| ||
(1) With respect to the putative father:
| ||
(i) Name, including any other names by which the | ||
putative father may be
known and that he may provide to | ||
the Registry;
| ||
(ii) Address at which he may be served with notice | ||
of a petition under
this Act, including any change of | ||
address;
| ||
(iii) Social Security Number;
| ||
(iv) Date of birth; and
| ||
(v) If applicable, a certified copy of an order by | ||
a court of this
State or of another
state or territory | ||
of the United States adjudicating the putative father | ||
to be
the father of the child.
| ||
(2) With respect to the mother of the child:
| ||
(i) Name, including all other names known to the | ||
putative father by
which the mother may be known;
| ||
(ii) If known to the putative father, her last | ||
address;
| ||
(iii) Social Security
Number; and
|
(iv) Date of birth.
| ||
(3) If known to the putative father, the name, gender, | ||
place of birth, and
date of birth or anticipated date of | ||
birth of the child.
| ||
(4) The date that the Department received the putative | ||
father's
registration.
| ||
(5) Other information as the Department may by rule | ||
determine
necessary for the orderly administration of the | ||
Registry.
| ||
(b) A putative father may register with the Department | ||
before the birth of
the child but shall register no later than | ||
30 days after the birth of the
child.
All
registrations shall | ||
be in writing and signed by the putative father. No fee
shall | ||
be charged for the initial registration. The Department shall | ||
have no
independent obligation to gather the information to be | ||
maintained.
| ||
(c) An interested party, including persons intending to | ||
adopt a child, a
child welfare agency with whom the mother has | ||
placed or has given written
notice of her intention to place a | ||
child for adoption, the mother of the child,
or an attorney | ||
representing an interested party may request that the
| ||
Department search the Registry to determine whether a putative | ||
father is
registered in relation to a child who is or may be | ||
the subject to an adoption
petition.
| ||
(d) A search of the Registry may be proven by the | ||
production of a certified
copy of the registration form, or by |
the certified statement of the
administrator of the Registry | ||
that after a search, no registration of a
putative father in | ||
relation to a child who is or may be the subject of an
adoption | ||
petition could be located.
| ||
(e) Except as otherwise provided, information contained | ||
within the
Registry is confidential and shall not be published | ||
or open to public
inspection.
| ||
(f) A person who knowingly or intentionally registers false
| ||
information under this Section commits a Class B misdemeanor.
A | ||
person who knowingly or intentionally releases confidential | ||
information
in violation of this Section commits a Class B | ||
misdemeanor.
| ||
(g) Except as provided in subsections (b) or (c) of Section | ||
8 of this Act, a putative
father who
fails to register with the | ||
Putative Father Registry as provided in this Section
is barred | ||
from thereafter bringing or maintaining any action to assert | ||
any
interest in the child, unless he proves by clear and | ||
convincing evidence that:
| ||
(1) it was not possible for him to register within the | ||
period of time
specified in subsection (b) of this Section; | ||
and
| ||
(2) his failure to register was through no fault of his | ||
own; and
| ||
(3) he registered within 10 days after it became | ||
possible for him to file.
| ||
A lack of knowledge of the pregnancy or birth is not an |
acceptable reason for
failure to register.
| ||
(h) Except as provided in subsection (b) or (c) of Section | ||
8 of this Act, failure to timely
register with the Putative | ||
Father Registry (i) shall be deemed to be a waiver
and | ||
surrender of any right to notice of any hearing in any judicial | ||
proceeding
for the adoption of the child, and the consent or | ||
surrender of that
person to the adoption of
the
child is not | ||
required, and (ii) shall constitute an abandonment of the child
| ||
and shall be prima facie evidence of sufficient grounds to | ||
support termination
of such
father's parental rights under this | ||
Act.
| ||
(i) In any adoption proceeding pertaining to a child born | ||
out of wedlock, if
there is no showing that a putative father | ||
has executed a consent or
surrender or waived his
rights | ||
regarding the proposed adoption, certification as specified in
| ||
subsection (d) shall be filed with the court prior to entry of | ||
a final
judgment order of adoption.
| ||
(j) The Registry shall not be used to notify a putative | ||
father who is the
father of a child as a result of criminal | ||
sexual abuse or assault as defined
under Article 11 12 of the | ||
Criminal Code of 2012 1961 .
| ||
(Source: P.A. 94-1010, eff. 10-1-06.)
| ||
(750 ILCS 50/14) (from Ch. 40, par. 1517)
| ||
Sec. 14. Judgment.
| ||
(a) Prior to the entry of the judgment for order of
|
adoption in any case other than an adoption of a related child | ||
or of an
adult, each petitioner and each
person, agency, | ||
association, corporation, institution, society or
organization | ||
involved in the adoption of the child, except a child welfare
| ||
agency, shall
execute an affidavit setting forth the hospital | ||
and medical costs, legal
fees, counseling fees, and any other | ||
fees or expenditures paid in accordance
with the Adoption | ||
Compensation Prohibition Act or Section 12C-70 of the Criminal | ||
Code of 2012 1961 .
| ||
(b) Before the entry of the judgment for adoption, each | ||
child welfare agency
involved in the adoption of the child | ||
shall file an affidavit concerning the
costs, expenses, | ||
contributions, fees, compensation, or other things of value
| ||
which have been given, promised, or received including but not | ||
limited to
hospital and medical costs, legal fees, social | ||
services, living expenses, or
any other expenses related to the | ||
adoption paid in accordance with the Adoption
Compensation | ||
Prohibition Act or Section 12C-70 of the Criminal Code of 2012 | ||
1961 .
| ||
If the total amount paid by the child welfare agency is | ||
$4,500 or more, the
affidavit shall contain an itemization of | ||
expenditures.
| ||
If the total amount paid by the child welfare agency is | ||
less than $4,500, the
agency may file an unitemized affidavit | ||
stating that the total amount paid is
less than $4,500 unless | ||
the court, in its discretion, requires that agency to
file an |
itemized affidavit.
| ||
(c) No affidavit need be filed
in the case of an adoption | ||
of a related child or an adult, nor shall an
affidavit be | ||
required to be filed
by a non-consenting parent, or by any | ||
judge, or clerk, involved in an
official capacity in the | ||
adoption
proceedings.
| ||
(d) All affidavits filed in accordance with this Section | ||
shall be under penalty of perjury
and shall include, but are | ||
not limited to, hospital and medical
costs,
legal fees, social | ||
services, living expenses or any other expenses
related to the | ||
adoption or to the placement of the child, whether or not the
| ||
payments are permitted by applicable laws.
| ||
(e) Upon the expiration of 6 months after the date
of any | ||
interim order vesting temporary care, custody and control of a
| ||
child, other than a related child, in the petitioners, entered | ||
pursuant
to this Act, the petitioners may apply to the court | ||
for a judgment of
adoption. Notice of such application shall be | ||
served by the petitioners
upon the investigating agency or the | ||
person making such investigation,
and the guardian ad litem. | ||
After the hearing on such application, at
which the petitioners | ||
and the child shall appear in person, unless their
presence is | ||
waived by the court for good cause shown, the court may
enter a | ||
judgment for adoption, provided the court is
satisfied from the
| ||
report of the investigating agency or the person making the
| ||
investigation, and from the evidence, if any, introduced, that | ||
the
adoption is for the welfare of the child and that there is |
a valid
consent, or that no consent is required as provided in | ||
Section 8 of this
Act.
| ||
(f) A judgment for adoption of a related child, an adult, | ||
or a child as
to
whose adoption an agency or person authorized | ||
by law has the right of
authority to consent may be entered at | ||
any time after service of process
and after the return day | ||
designated therein.
| ||
(f-5) A standby adoption judgment may be entered upon | ||
notice of the death
of the consenting parent
or upon the | ||
consenting parent's request that a final judgment for adoption
| ||
be entered. The notice must be provided to the court within 60 | ||
days after the
standby adoptive parent's receipt of knowledge | ||
of death of the consenting parent or the consenting parent's | ||
request that a
final judgment for adoption be entered. If the | ||
court finds that adoption is
for the welfare of the child and | ||
that there is a valid consent, including
consent for standby | ||
adoption, which is still in effect, or that no consent is
| ||
required under Section 8 of the Act, a judgment for adoption | ||
shall be entered
unless the court finds by clear and convincing | ||
evidence that it is no longer in
the best interest of the child | ||
for the adoption to be finalized.
| ||
(g) No special findings of fact or certificate of evidence | ||
shall be
necessary in any case to support the judgment.
| ||
(h) Only the circuit court that entered the judgment of the | ||
adoption may
order the issuance of any contents of the court | ||
file or that the original
birth record of the adoptee be |
provided to any persons.
| ||
(Source: P.A. 97-1109, eff. 1-1-13.)
| ||
Section 775. The Illinois Domestic Violence Act of 1986 is | ||
amended by changing Sections 103, 214, 216, 223, 301, and 304 | ||
as follows:
| ||
(750 ILCS 60/103) (from Ch. 40, par. 2311-3)
| ||
Sec. 103. Definitions. For the purposes of this Act, the | ||
following
terms shall have the following meanings:
| ||
(1) "Abuse" means physical abuse, harassment, intimidation | ||
of a dependent,
interference with personal liberty or willful | ||
deprivation but does not include
reasonable direction of a | ||
minor child by a parent or person in loco parentis.
| ||
(2) "Adult with disabilities" means an elder adult with | ||
disabilities
or a high-risk adult with disabilities. A person | ||
may be an adult with
disabilities for purposes of this Act even | ||
though he or she has never been
adjudicated an incompetent | ||
adult. However, no court proceeding may be
initiated or | ||
continued on
behalf of an adult with disabilities over that | ||
adult's objection, unless such
proceeding is approved by his or | ||
her legal guardian, if any.
| ||
(3) "Domestic violence" means abuse as defined in paragraph | ||
(1).
| ||
(4) "Elder adult with disabilities" means an adult | ||
prevented by
advanced age from taking appropriate action to |
protect himself or herself
from abuse by a family or household | ||
member.
| ||
(5) "Exploitation" means the illegal, including tortious, | ||
use of a
high-risk adult with disabilities or of the assets or | ||
resources of a
high-risk adult with disabilities. Exploitation | ||
includes, but is not
limited to, the misappropriation of assets | ||
or resources of a high-risk
adult with disabilities by undue | ||
influence, by breach of a fiduciary
relationship, by fraud, | ||
deception, or extortion, or the use of such assets or
resources | ||
in a manner contrary to law.
| ||
(6) "Family or household members" include spouses, former | ||
spouses,
parents, children, stepchildren and other persons | ||
related by blood or
by present or prior marriage, persons
who | ||
share or formerly shared a common dwelling, persons who have or
| ||
allegedly have a child in common, persons who share or | ||
allegedly share a
blood relationship through a child, persons | ||
who have or have had a dating
or engagement relationship, | ||
persons with disabilities and their
personal assistants, and | ||
caregivers as defined in Section 12-4.4a or paragraph (3) of | ||
subsection
(b) of Section 12-21 of the Criminal Code of 2012 | ||
1961 .
For purposes of this paragraph, neither a casual | ||
acquaintanceship nor
ordinary fraternization between 2 | ||
individuals in business or social
contexts shall be deemed to | ||
constitute a dating relationship.
In the case of a high-risk | ||
adult with
disabilities, "family or household members" | ||
includes any person
who has the responsibility for a high-risk |
adult as a result of a family
relationship or who has assumed | ||
responsibility for all or a portion of the
care of a high-risk | ||
adult with disabilities voluntarily, or by express or
implied | ||
contract, or by court order.
| ||
(7) "Harassment" means knowing conduct which
is not | ||
necessary to accomplish a purpose that is reasonable under the
| ||
circumstances; would cause a reasonable person emotional | ||
distress; and
does cause emotional distress to the petitioner.
| ||
Unless the presumption is rebutted by a preponderance of the | ||
evidence, the
following types of conduct shall be
presumed to | ||
cause emotional distress:
| ||
(i) creating a disturbance at petitioner's place of | ||
employment or school;
| ||
(ii) repeatedly telephoning petitioner's place of | ||
employment, home or residence;
| ||
(iii) repeatedly following petitioner about in a | ||
public place or places;
| ||
(iv) repeatedly keeping petitioner under surveillance | ||
by remaining
present outside his or her
home, school, place | ||
of employment, vehicle or other place occupied by
| ||
petitioner or by peering in petitioner's windows;
| ||
(v) improperly concealing a minor child from | ||
petitioner, repeatedly
threatening to improperly remove a | ||
minor child of petitioner's from
the jurisdiction or from | ||
the physical care of petitioner,
repeatedly threatening to | ||
conceal a minor
child from petitioner, or making
a single |
such
threat following an actual or attempted improper | ||
removal or concealment,
unless respondent was fleeing an | ||
incident or pattern of domestic violence; or
| ||
(vi) threatening physical force, confinement or | ||
restraint on one or more occasions.
| ||
(8) "High-risk adult with disabilities" means a person aged | ||
18 or over
whose physical or mental disability impairs his or | ||
her ability to seek or
obtain protection from abuse, neglect, | ||
or exploitation.
| ||
(9) "Interference with personal liberty" means committing | ||
or
threatening physical abuse, harassment, intimidation or
| ||
willful deprivation so as to
compel another to
engage in | ||
conduct from which she or he has a right to abstain or to | ||
refrain from conduct
in which she or he has a right to engage.
| ||
(10) "Intimidation of a dependent" means subjecting a | ||
person
who is dependent
because of
age, health or disability to | ||
participation in or the witnessing of: physical force
against | ||
another or physical confinement or restraint of another which
| ||
constitutes physical abuse as defined in this Act, regardless | ||
of whether the
abused person is a family or household member.
| ||
(11) (A) "Neglect" means the failure to exercise that | ||
degree of care
toward a high-risk adult with disabilities which | ||
a reasonable person would
exercise under the circumstances and | ||
includes but is not limited to:
| ||
(i) the failure to take reasonable steps to protect a | ||
high-risk adult
with disabilities from acts of abuse;
|
(ii) the repeated, careless imposition of unreasonable | ||
confinement;
| ||
(iii) the failure to provide food, shelter, clothing, | ||
and personal
hygiene to a high-risk adult with disabilities | ||
who requires such assistance;
| ||
(iv) the failure to provide medical and rehabilitative | ||
care for the
physical and mental health needs of a | ||
high-risk adult with disabilities; or
| ||
(v) the failure to protect a high-risk adult with | ||
disabilities from
health and safety hazards.
| ||
(B) Nothing in this subsection (10) shall be construed to | ||
impose a requirement that
assistance be provided to a high-risk | ||
adult with disabilities over his or
her objection in the | ||
absence of a court order, nor to create any new
affirmative | ||
duty to provide support to a high-risk adult with disabilities.
| ||
(12) "Order of protection" means an emergency order, | ||
interim
order or plenary order, granted pursuant to this Act,
| ||
which includes any or
all of the remedies authorized by Section | ||
214 of this Act.
| ||
(13) "Petitioner" may mean not only any named petitioner | ||
for the order of
protection and any named victim of abuse on | ||
whose behalf the petition
is brought, but also any other person | ||
protected by this Act.
| ||
(14) "Physical abuse" includes sexual abuse and means any
| ||
of the following:
| ||
(i) knowing or reckless use of physical force, |
confinement or restraint;
| ||
(ii) knowing, repeated and unnecessary sleep | ||
deprivation; or
| ||
(iii) knowing or reckless conduct which creates an | ||
immediate
risk of physical harm.
| ||
(14.5) "Stay away" means for the respondent to refrain from | ||
both physical presence and nonphysical contact with the | ||
petitioner whether direct, indirect (including, but not | ||
limited to, telephone calls, mail, email, faxes, and written | ||
notes), or through third parties who may or may not know about | ||
the order of protection.
| ||
(15) "Willful deprivation" means wilfully denying a person | ||
who
because of age, health or disability requires medication,
| ||
medical care, shelter, accessible shelter or services, food,
| ||
therapeutic device, or other physical
assistance, and thereby | ||
exposing that person to the risk of physical,
mental or | ||
emotional harm, except with regard to medical care or treatment
| ||
when the dependent person has expressed an intent to forgo such | ||
medical
care or treatment. This paragraph does not
create any | ||
new affirmative duty to provide support to dependent persons.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
(750 ILCS 60/214) (from Ch. 40, par. 2312-14)
| ||
Sec. 214. Order of protection; remedies.
| ||
(a) Issuance of order. If the court finds that petitioner | ||
has been
abused by a family or household member or that |
petitioner is a high-risk
adult who has been abused, neglected, | ||
or exploited, as defined in this Act,
an order of protection | ||
prohibiting the abuse, neglect, or exploitation
shall issue; | ||
provided that petitioner must also satisfy the requirements of
| ||
one of the following Sections, as appropriate: Section 217 on | ||
emergency
orders, Section 218 on interim orders, or Section 219 | ||
on plenary orders.
Petitioner shall not be denied an order of | ||
protection because petitioner or
respondent is a minor. The | ||
court, when determining whether or not to issue
an order of | ||
protection, shall not require physical manifestations of abuse
| ||
on the person of the victim. Modification and extension of | ||
prior
orders of protection shall be in accordance with this | ||
Act.
| ||
(b) Remedies and standards. The remedies to be included in | ||
an order of
protection shall be determined in accordance with | ||
this Section and one of
the following Sections, as appropriate: | ||
Section 217 on emergency orders,
Section 218 on interim orders, | ||
and Section 219 on plenary orders. The
remedies listed in this | ||
subsection shall be in addition to other civil or
criminal | ||
remedies available to petitioner.
| ||
(1) Prohibition of abuse, neglect, or exploitation. | ||
Prohibit
respondent's harassment, interference with | ||
personal liberty, intimidation
of a dependent, physical | ||
abuse, or willful deprivation, neglect or
exploitation, as | ||
defined in this Act, or stalking of the petitioner, as | ||
defined
in Section 12-7.3 of the Criminal Code of 2012 |
1961 , if such abuse, neglect,
exploitation, or stalking has | ||
occurred or otherwise appears likely to occur if
not | ||
prohibited.
| ||
(2) Grant of exclusive possession of residence. | ||
Prohibit respondent from
entering or remaining in any | ||
residence, household, or premises of the petitioner,
| ||
including one owned or leased by respondent, if petitioner | ||
has a right to
occupancy thereof. The grant of exclusive | ||
possession of the residence, household, or premises shall | ||
not
affect title to real property, nor shall the court be | ||
limited by the standard
set forth in Section 701 of the | ||
Illinois Marriage and Dissolution of Marriage
Act.
| ||
(A) Right to occupancy. A party has a right to | ||
occupancy of a
residence or household if it is solely | ||
or jointly owned or leased by that
party, that party's | ||
spouse, a person with a legal duty to support that | ||
party or
a minor child in that party's care, or by any | ||
person or entity other than the
opposing party that | ||
authorizes that party's occupancy (e.g., a domestic
| ||
violence shelter). Standards set forth in subparagraph | ||
(B) shall not preclude
equitable relief.
| ||
(B) Presumption of hardships. If petitioner and | ||
respondent
each has the right to occupancy of a | ||
residence or household, the court
shall balance (i) the | ||
hardships to respondent and any minor child or
| ||
dependent adult in respondent's care resulting from |
entry of this remedy with
(ii) the hardships to | ||
petitioner and any minor child or dependent adult in
| ||
petitioner's care resulting from continued exposure to | ||
the risk of abuse
(should petitioner remain at the | ||
residence or household) or from loss of
possession of | ||
the residence or household (should petitioner leave to | ||
avoid the
risk of abuse). When determining the balance | ||
of hardships, the court shall
also take into account | ||
the accessibility of the residence or household.
| ||
Hardships need not be balanced if respondent does not | ||
have a right to
occupancy.
| ||
The balance of hardships is presumed to favor | ||
possession by
petitioner unless the presumption is | ||
rebutted by a preponderance of the
evidence, showing | ||
that the hardships to respondent substantially | ||
outweigh
the hardships to petitioner and any minor | ||
child or dependent adult in
petitioner's care. The | ||
court, on the request of petitioner or on its own
| ||
motion, may order respondent to provide suitable, | ||
accessible, alternate housing
for petitioner instead | ||
of excluding respondent from a mutual residence or
| ||
household.
| ||
(3) Stay away order and additional prohibitions.
Order | ||
respondent to stay away from petitioner or any other person
| ||
protected by the order of protection, or prohibit | ||
respondent from entering
or remaining present at |
petitioner's school, place of employment, or other
| ||
specified places at times when petitioner is present, or | ||
both, if
reasonable, given the balance of hardships. | ||
Hardships need not be balanced for
the court to enter a | ||
stay away order or prohibit entry if respondent has no
| ||
right to enter the premises.
| ||
(A) If an order of protection grants petitioner | ||
exclusive possession
of the residence, or prohibits | ||
respondent from entering the residence,
or orders | ||
respondent to stay away from petitioner or other
| ||
protected persons, then the court may allow respondent | ||
access to the
residence to remove items of clothing and | ||
personal adornment
used exclusively by respondent, | ||
medications, and other items as the court
directs. The | ||
right to access shall be exercised on only one occasion | ||
as the
court directs and in the presence of an | ||
agreed-upon adult third party or law
enforcement | ||
officer.
| ||
(B) When the petitioner and the respondent attend | ||
the same public, private, or non-public elementary, | ||
middle, or high school, the court when issuing an order | ||
of protection and providing relief shall consider the | ||
severity of the act, any continuing physical danger or | ||
emotional distress to the petitioner, the educational | ||
rights guaranteed to the petitioner and respondent | ||
under federal and State law, the availability of a |
transfer of the respondent to another school, a change | ||
of placement or a change of program of the respondent, | ||
the expense, difficulty, and educational disruption | ||
that would be caused by a transfer of the respondent to | ||
another school, and any other relevant facts of the | ||
case. The court may order that the respondent not | ||
attend the public, private, or non-public elementary, | ||
middle, or high school attended by the petitioner, | ||
order that the respondent accept a change of placement | ||
or change of program, as determined by the school | ||
district or private or non-public school, or place | ||
restrictions on the respondent's movements within the | ||
school attended by the petitioner.
The respondent | ||
bears the burden of proving by a preponderance of the | ||
evidence that a transfer, change of placement, or | ||
change of program of the respondent is not available. | ||
The respondent also bears the burden of production with | ||
respect to the expense, difficulty, and educational | ||
disruption that would be caused by a transfer of the | ||
respondent to another school. A transfer, change of | ||
placement, or change of program is not unavailable to | ||
the respondent solely on the ground that the respondent | ||
does not agree with the school district's or private or | ||
non-public school's transfer, change of placement, or | ||
change of program or solely on the ground that the | ||
respondent fails or refuses to consent or otherwise |
does not take an action required to effectuate a | ||
transfer, change of placement, or change of program.
| ||
When a court orders a respondent to stay away from the | ||
public, private, or non-public school attended by the | ||
petitioner and the respondent requests a transfer to | ||
another attendance center within the respondent's | ||
school district or private or non-public school, the | ||
school district or private or non-public school shall | ||
have sole discretion to determine the attendance | ||
center to which the respondent is transferred.
In the | ||
event the court order results in a transfer of the | ||
minor respondent to another attendance center, a | ||
change in the respondent's placement, or a change of | ||
the respondent's program, the parents, guardian, or | ||
legal custodian of the respondent is responsible for | ||
transportation and other costs associated with the | ||
transfer or change. | ||
(C) The court may order the parents, guardian, or | ||
legal custodian of a minor respondent to take certain | ||
actions or to refrain from taking certain actions to | ||
ensure that the respondent complies with the order. In | ||
the event the court orders a transfer of the respondent | ||
to another school, the parents, guardian, or legal | ||
custodian of the respondent is responsible for | ||
transportation and other costs associated with the | ||
change of school by the respondent.
|
(4) Counseling. Require or recommend the respondent to | ||
undergo
counseling for a specified duration with a social | ||
worker, psychologist,
clinical psychologist, psychiatrist, | ||
family service agency, alcohol or
substance abuse program, | ||
mental health center guidance counselor, agency
providing | ||
services to elders, program designed for domestic violence
| ||
abusers or any other guidance service the court deems | ||
appropriate. The Court may order the respondent in any | ||
intimate partner relationship to report to an Illinois | ||
Department of Human Services protocol approved partner | ||
abuse intervention program for an assessment and to follow | ||
all recommended treatment.
| ||
(5) Physical care and possession of the minor child. In | ||
order to protect
the minor child from abuse, neglect, or | ||
unwarranted separation from the person
who has been the | ||
minor child's primary caretaker, or to otherwise protect | ||
the
well-being of the minor child, the court may do either | ||
or both of the
following: (i) grant petitioner physical | ||
care or possession of the minor child,
or both, or (ii) | ||
order respondent to return a minor child to, or not remove | ||
a
minor child from, the physical care of a parent or person | ||
in loco parentis.
| ||
If a court finds, after a hearing, that respondent has | ||
committed abuse
(as defined in Section 103) of a minor | ||
child, there shall be a
rebuttable presumption that | ||
awarding physical care to respondent would not
be in the |
minor child's best interest.
| ||
(6) Temporary legal custody. Award temporary legal | ||
custody to petitioner
in accordance with this Section, the | ||
Illinois Marriage and Dissolution of
Marriage Act, the | ||
Illinois Parentage Act of 1984, and this State's Uniform
| ||
Child-Custody Jurisdiction and Enforcement Act.
| ||
If a court finds, after a hearing, that respondent has | ||
committed abuse (as
defined in Section 103) of a minor | ||
child, there shall be a rebuttable
presumption that | ||
awarding temporary legal custody to respondent would not be | ||
in
the child's best interest.
| ||
(7) Visitation. Determine the visitation rights, if | ||
any, of respondent in
any case in which the court awards | ||
physical care or temporary legal custody of
a minor child | ||
to petitioner. The court shall restrict or deny | ||
respondent's
visitation with a minor child if the court | ||
finds that respondent has done or is
likely to do any of | ||
the following: (i) abuse or endanger the minor child during
| ||
visitation; (ii) use the visitation as an opportunity to | ||
abuse or harass
petitioner or petitioner's family or | ||
household members; (iii) improperly
conceal or detain the | ||
minor child; or (iv) otherwise act in a manner that is
not | ||
in the best interests of the minor child. The court shall | ||
not be limited
by the standards set forth in Section 607.1 | ||
of the Illinois Marriage and
Dissolution of Marriage Act. | ||
If the court grants visitation, the order shall
specify |
dates and times for the visitation to take place or other | ||
specific
parameters or conditions that are appropriate. No | ||
order for visitation shall
refer merely to the term | ||
"reasonable visitation".
| ||
Petitioner may deny respondent access to the minor | ||
child if, when
respondent arrives for visitation, | ||
respondent is under the influence of drugs
or alcohol and | ||
constitutes a threat to the safety and well-being of
| ||
petitioner or petitioner's minor children or is behaving in | ||
a violent or
abusive manner.
| ||
If necessary to protect any member of petitioner's | ||
family or
household from future abuse, respondent shall be | ||
prohibited from coming to
petitioner's residence to meet | ||
the minor child for visitation, and the
parties shall | ||
submit to the court their recommendations for reasonable
| ||
alternative arrangements for visitation. A person may be | ||
approved to
supervise visitation only after filing an | ||
affidavit accepting
that responsibility and acknowledging | ||
accountability to the court.
| ||
(8) Removal or concealment of minor child. Prohibit | ||
respondent from
removing a minor child from the State or | ||
concealing the child within the State.
| ||
(9) Order to appear. Order the respondent to appear in | ||
court, alone
or with a minor child, to prevent abuse, | ||
neglect, removal or concealment of
the child, to return the | ||
child to the custody or care of the petitioner or
to permit |
any court-ordered interview or examination of the child or | ||
the
respondent.
| ||
(10) Possession of personal property. Grant petitioner | ||
exclusive
possession of personal property and, if | ||
respondent has possession or
control, direct respondent to | ||
promptly make it available to petitioner, if:
| ||
(i) petitioner, but not respondent, owns the | ||
property; or
| ||
(ii) the parties own the property jointly; sharing | ||
it would risk
abuse of petitioner by respondent or is | ||
impracticable; and the balance of
hardships favors | ||
temporary possession by petitioner.
| ||
If petitioner's sole claim to ownership of the property | ||
is that it is
marital property, the court may award | ||
petitioner temporary possession
thereof under the | ||
standards of subparagraph (ii) of this paragraph only if
a | ||
proper proceeding has been filed under the Illinois | ||
Marriage and
Dissolution of Marriage Act, as now or | ||
hereafter amended.
| ||
No order under this provision shall affect title to | ||
property.
| ||
(11) Protection of property. Forbid the respondent | ||
from taking,
transferring, encumbering, concealing, | ||
damaging or otherwise disposing of
any real or personal | ||
property, except as explicitly authorized by the
court, if:
| ||
(i) petitioner, but not respondent, owns the |
property; or
| ||
(ii) the parties own the property jointly,
and the | ||
balance of hardships favors granting this remedy.
| ||
If petitioner's sole claim to ownership of the property | ||
is that it is
marital property, the court may grant | ||
petitioner relief under subparagraph
(ii) of this | ||
paragraph only if a proper proceeding has been filed under | ||
the
Illinois Marriage and Dissolution of Marriage Act, as | ||
now or hereafter amended.
| ||
The court may further prohibit respondent from | ||
improperly using the
financial or other resources of an | ||
aged member of the family or household
for the profit or | ||
advantage of respondent or of any other person.
| ||
(11.5) Protection of animals. Grant the petitioner the | ||
exclusive care, custody, or control of any animal owned, | ||
possessed, leased, kept, or held by either the petitioner | ||
or the respondent or a minor child residing in the | ||
residence or household of either the petitioner or the | ||
respondent and order the respondent to stay away from the | ||
animal and forbid the respondent from taking, | ||
transferring, encumbering, concealing, harming, or | ||
otherwise disposing of the animal.
| ||
(12) Order for payment of support. Order respondent to | ||
pay temporary
support for the petitioner or any child in | ||
the petitioner's care or
custody, when the respondent has a | ||
legal obligation to support that person,
in accordance with |
the Illinois Marriage and Dissolution
of Marriage Act, | ||
which shall govern, among other matters, the amount of
| ||
support, payment through the clerk and withholding of | ||
income to secure
payment. An order for child support may be | ||
granted to a petitioner with
lawful physical care or | ||
custody of a child, or an order or agreement for
physical | ||
care or custody, prior to entry of an order for legal | ||
custody.
Such a support order shall expire upon entry of a | ||
valid order granting
legal custody to another, unless | ||
otherwise provided in the custody order.
| ||
(13) Order for payment of losses. Order respondent to | ||
pay petitioner for
losses suffered as a direct result of | ||
the abuse, neglect, or exploitation.
Such losses shall | ||
include, but not be limited to, medical expenses, lost
| ||
earnings or other support, repair or replacement of | ||
property damaged or taken,
reasonable attorney's fees, | ||
court costs and moving or other travel expenses,
including | ||
additional reasonable expenses for temporary shelter and | ||
restaurant
meals.
| ||
(i) Losses affecting family needs. If a party is | ||
entitled to seek
maintenance, child support or | ||
property distribution from the other party
under the | ||
Illinois Marriage and Dissolution of Marriage Act, as | ||
now or
hereafter amended, the court may order | ||
respondent to reimburse petitioner's
actual losses, to | ||
the extent that such reimbursement would be |
"appropriate
temporary relief", as authorized by | ||
subsection (a)(3) of Section 501 of
that Act.
| ||
(ii) Recovery of expenses. In the case of an | ||
improper concealment
or removal of a minor child, the | ||
court may order respondent to pay the
reasonable | ||
expenses incurred or to be incurred in the search for | ||
and recovery
of the minor child, including but not | ||
limited to legal fees, court costs,
private | ||
investigator fees, and travel costs.
| ||
(14) Prohibition of entry. Prohibit the respondent | ||
from entering or
remaining in the residence or household | ||
while the respondent is under the
influence of alcohol or | ||
drugs and constitutes a threat to the safety and
well-being | ||
of the petitioner or the petitioner's children.
| ||
(14.5) Prohibition of firearm possession.
| ||
(a) Prohibit a respondent against whom an order of | ||
protection was issued from possessing any firearms | ||
during the duration of the order if the order: | ||
(1) was issued after a hearing of which such | ||
person received
actual notice, and at which such | ||
person had an opportunity to
participate; | ||
(2) restrains such person from harassing, | ||
stalking, or
threatening an intimate partner of | ||
such person or child of such
intimate partner or | ||
person, or engaging in other conduct that
would | ||
place an intimate partner in reasonable fear of |
bodily
injury to the partner or child; and | ||
(3)(i) includes a finding that such person | ||
represents a
credible threat to the physical | ||
safety of such intimate partner
or child; or
(ii) | ||
by its terms explicitly prohibits the use, | ||
attempted
use, or threatened use of physical force | ||
against such intimate
partner or child that would | ||
reasonably be expected to cause
bodily injury. | ||
Any Firearm Owner's Identification Card in the
| ||
possession of the respondent, except as provided in | ||
subsection (b), shall be ordered by the court to be | ||
turned
over to the local law enforcement agency. The | ||
local law enforcement agency shall immediately mail | ||
the card to the Department of State Police Firearm | ||
Owner's Identification Card Office
for safekeeping. | ||
The court shall
issue a warrant for seizure of any | ||
firearm in the possession of the respondent, to be kept | ||
by the local law enforcement agency for safekeeping, | ||
except as provided in subsection (b).
The period of | ||
safekeeping shall be for the duration of the order of | ||
protection. The firearm or firearms and Firearm | ||
Owner's Identification Card, if unexpired, shall at | ||
the respondent's request, be returned to the | ||
respondent at the end
of the order of protection. It is | ||
the respondent's responsibility to notify the | ||
Department of State Police Firearm Owner's |
Identification Card Office.
| ||
(b) If the respondent is a peace officer as defined | ||
in Section 2-13 of
the
Criminal Code of 2012 1961 , the | ||
court shall order that any firearms used by the
| ||
respondent in the performance of his or her duties as a
| ||
peace officer be surrendered to
the chief law | ||
enforcement executive of the agency in which the | ||
respondent is
employed, who shall retain the firearms | ||
for safekeeping for the duration of the order of | ||
protection.
| ||
(c) Upon expiration of the period of safekeeping, | ||
if the firearms or Firearm Owner's Identification Card | ||
cannot be returned to respondent because respondent | ||
cannot be located, fails to respond to requests to | ||
retrieve the firearms, or is not lawfully eligible to | ||
possess a firearm, upon petition from the local law | ||
enforcement agency, the court may order the local law | ||
enforcement agency to destroy the firearms, use the | ||
firearms for training purposes, or for any other | ||
application as deemed appropriate by the local law | ||
enforcement agency; or that the firearms be turned over | ||
to a third party who is lawfully eligible to possess | ||
firearms, and who does not reside with respondent.
| ||
(15) Prohibition of access to records. If an order of | ||
protection
prohibits respondent from having contact with | ||
the minor child,
or if petitioner's address is omitted |
under subsection (b) of
Section 203, or if necessary to | ||
prevent abuse or wrongful removal or
concealment of a minor | ||
child, the order shall deny respondent access to, and
| ||
prohibit respondent from inspecting, obtaining, or | ||
attempting to
inspect or obtain, school or any other | ||
records of the minor child
who is in the care of | ||
petitioner.
| ||
(16) Order for payment of shelter services. Order | ||
respondent to
reimburse a shelter providing temporary | ||
housing and counseling services to
the petitioner for the | ||
cost of the services, as certified by the shelter
and | ||
deemed reasonable by the court.
| ||
(17) Order for injunctive relief. Enter injunctive | ||
relief necessary
or appropriate to prevent further abuse of | ||
a family or household member
or further abuse, neglect, or | ||
exploitation of a high-risk adult with
disabilities or to | ||
effectuate one of the granted remedies, if supported by the
| ||
balance of hardships. If the harm to be prevented by the | ||
injunction is abuse
or any other harm that one of the | ||
remedies listed in paragraphs (1) through
(16) of this | ||
subsection is designed to prevent, no further evidence is
| ||
necessary that the harm is an irreparable injury.
| ||
(c) Relevant factors; findings.
| ||
(1) In determining whether to grant a specific remedy, | ||
other than
payment of support, the court shall consider
| ||
relevant factors, including but not limited to the |
following:
| ||
(i) the nature, frequency, severity, pattern and | ||
consequences of the
respondent's past abuse, neglect | ||
or exploitation of the petitioner or
any family or | ||
household member, including the concealment of his or | ||
her
location in order to evade service of process or | ||
notice, and the likelihood of
danger of future abuse, | ||
neglect, or exploitation to petitioner or any member of
| ||
petitioner's or respondent's family or household; and
| ||
(ii) the danger that any minor child will be abused | ||
or neglected or
improperly removed from the | ||
jurisdiction, improperly concealed within the
State or | ||
improperly separated from the child's primary | ||
caretaker.
| ||
(2) In comparing relative hardships resulting to the | ||
parties from loss
of possession of the family home, the | ||
court shall consider relevant
factors, including but not | ||
limited to the following:
| ||
(i) availability, accessibility, cost, safety, | ||
adequacy, location and
other characteristics of | ||
alternate housing for each party and any minor child
or | ||
dependent adult in the party's care;
| ||
(ii) the effect on the party's employment; and
| ||
(iii) the effect on the relationship of the party, | ||
and any minor
child or dependent adult in the party's | ||
care, to family, school, church
and community.
|
(3) Subject to the exceptions set forth in paragraph | ||
(4) of this
subsection, the court shall make its findings | ||
in an official record or in
writing, and shall at a minimum | ||
set forth the following:
| ||
(i) That the court has considered the applicable | ||
relevant factors
described in paragraphs (1) and (2) of | ||
this subsection.
| ||
(ii) Whether the conduct or actions of respondent, | ||
unless
prohibited, will likely cause irreparable harm | ||
or continued abuse.
| ||
(iii) Whether it is necessary to grant the | ||
requested relief in order
to protect petitioner or | ||
other alleged abused persons.
| ||
(4) For purposes of issuing an ex parte emergency order | ||
of protection,
the court, as an alternative to or as a | ||
supplement to making the findings
described in paragraphs | ||
(c)(3)(i) through (c)(3)(iii) of this subsection, may
use | ||
the following procedure:
| ||
When a verified petition for an emergency order of | ||
protection in
accordance with the requirements of Sections | ||
203 and 217 is
presented to the court, the court shall | ||
examine petitioner on oath or
affirmation. An emergency | ||
order of protection shall be issued by the court
if it | ||
appears from the contents of the petition and the | ||
examination of
petitioner that the averments are | ||
sufficient to indicate abuse by
respondent and to support |
the granting of relief under the issuance of the
emergency | ||
order of protection.
| ||
(5) Never married parties. No rights or | ||
responsibilities for a minor
child born outside of marriage | ||
attach to a putative father until a father and
child | ||
relationship has been established under the Illinois | ||
Parentage Act of
1984, the Illinois Public Aid Code, | ||
Section 12 of the Vital Records Act, the
Juvenile Court Act | ||
of 1987, the Probate Act of 1985, the Revised Uniform
| ||
Reciprocal Enforcement of Support Act, the Uniform | ||
Interstate Family Support
Act, the Expedited Child Support | ||
Act of 1990, any judicial, administrative, or
other act of | ||
another state or territory, any other Illinois statute, or | ||
by any
foreign nation establishing the father and child | ||
relationship, any other
proceeding substantially in | ||
conformity with the Personal Responsibility and
Work | ||
Opportunity Reconciliation Act of 1996 (Pub. L. 104-193), | ||
or where both
parties appeared in open court or at an | ||
administrative hearing acknowledging
under
oath or | ||
admitting by affirmation the existence of a father and | ||
child
relationship.
Absent such an adjudication, finding, | ||
or acknowledgement, no putative
father shall be granted
| ||
temporary custody of the minor child, visitation with the | ||
minor child, or
physical care and possession of the minor | ||
child, nor shall an order of payment
for support of the | ||
minor child be entered.
|
(d) Balance of hardships; findings. If the court finds that | ||
the balance
of hardships does not support the granting of a | ||
remedy governed by
paragraph (2), (3), (10), (11), or (16) of | ||
subsection (b) of this Section,
which may require such | ||
balancing, the court's findings shall so
indicate and shall | ||
include a finding as to whether granting the remedy will
result | ||
in hardship to respondent that would substantially outweigh the | ||
hardship
to petitioner from denial of the remedy. The findings | ||
shall be an official
record or in writing.
| ||
(e) Denial of remedies. Denial of any remedy shall not be | ||
based, in
whole or in part, on evidence that:
| ||
(1) Respondent has cause for any use of force, unless | ||
that cause
satisfies the standards for justifiable use of | ||
force provided by Article
7 VII of the Criminal Code of | ||
2012 1961 ;
| ||
(2) Respondent was voluntarily intoxicated;
| ||
(3) Petitioner acted in self-defense or defense of | ||
another, provided
that, if petitioner utilized force, such | ||
force was justifiable under
Article 7 VII of the Criminal | ||
Code of 2012 1961 ;
| ||
(4) Petitioner did not act in self-defense or defense | ||
of another;
| ||
(5) Petitioner left the residence or household to avoid | ||
further abuse,
neglect, or exploitation by respondent;
| ||
(6) Petitioner did not leave the residence or household | ||
to avoid further
abuse, neglect, or exploitation by |
respondent;
| ||
(7) Conduct by any family or household member excused | ||
the abuse,
neglect, or exploitation by respondent, unless | ||
that same conduct would have
excused such abuse, neglect, | ||
or exploitation if the parties had not been
family or | ||
household members.
| ||
(Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11; | ||
97-158, eff. 1-1-12; 97-294, eff. 1-1-12; 97-813, eff. 7-13-12; | ||
97-1131, eff. 1-1-13.)
| ||
(750 ILCS 60/216) (from Ch. 40, par. 2312-16)
| ||
Sec. 216. Accountability for Actions of Others. For the | ||
purposes of
issuing an order of protection,
deciding what | ||
remedies should be included and enforcing the order, Article 5
| ||
of the Criminal Code of 2012 1961 shall govern whether | ||
respondent is legally
accountable for the conduct of another | ||
person.
| ||
(Source: P.A. 84-1305.)
| ||
(750 ILCS 60/223) (from Ch. 40, par. 2312-23)
| ||
Sec. 223. Enforcement of orders of protection.
| ||
(a) When violation is crime. A violation of any order of | ||
protection,
whether issued in a civil or criminal proceeding, | ||
shall be enforced
by a
criminal court when:
| ||
(1) The respondent commits the crime of violation of an | ||
order of
protection pursuant to Section 12-3.4 or 12-30 of |
the Criminal Code of
1961 or the Criminal Code of 2012 , by
| ||
having knowingly violated:
| ||
(i) remedies described in paragraphs (1), (2), | ||
(3), (14),
or (14.5) of
subsection (b) of Section 214 | ||
of this Act; or
| ||
(ii) a remedy, which is substantially similar to | ||
the remedies
authorized under paragraphs (1), (2), | ||
(3), (14), and (14.5) of subsection (b)
of Section 214 | ||
of this Act, in a valid order of protection which is | ||
authorized
under the laws of another state, tribe, or | ||
United States territory; or
| ||
(iii) any other remedy when the act
constitutes a | ||
crime against the protected parties as defined by the
| ||
Criminal Code of 1961 or the Criminal Code of 2012 .
| ||
Prosecution for a violation of an order of
protection | ||
shall not bar concurrent prosecution for any other crime,
| ||
including any crime that may have been committed at the | ||
time of the
violation of the order of protection; or
| ||
(2) The respondent commits the crime of child abduction | ||
pursuant
to Section 10-5 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 , by having knowingly violated:
| ||
(i) remedies described in paragraphs (5), (6) or | ||
(8) of subsection
(b) of
Section 214 of this Act; or
| ||
(ii) a remedy, which is substantially similar to | ||
the remedies
authorized under paragraphs (5), (6), or | ||
(8) of subsection (b) of Section 214
of this Act, in a |
valid order of protection which is authorized under the | ||
laws
of another state, tribe, or United States | ||
territory.
| ||
(b) When violation is contempt of court. A violation of any | ||
valid
Illinois order of protection, whether issued in a civil | ||
or criminal
proceeding, may be enforced through civil or | ||
criminal contempt procedures,
as appropriate, by any court with | ||
jurisdiction, regardless where the act or
acts which violated | ||
the order of protection were committed, to the extent
| ||
consistent with the venue provisions of this Act. Nothing in | ||
this Act
shall preclude any Illinois court from enforcing any | ||
valid order of
protection issued in another state. Illinois | ||
courts may enforce orders of
protection through both criminal | ||
prosecution and contempt proceedings,
unless the action which | ||
is second in time is barred by collateral estoppel
or the | ||
constitutional prohibition against double jeopardy.
| ||
(1) In a contempt proceeding where the petition for a | ||
rule to show
cause sets forth facts evidencing an immediate | ||
danger that the
respondent will flee the jurisdiction, | ||
conceal a child, or inflict physical
abuse on the | ||
petitioner or minor children or on dependent adults in
| ||
petitioner's care, the court may order the
attachment of | ||
the respondent without prior service of the rule to show
| ||
cause or the petition for a rule to show cause. Bond shall | ||
be set unless
specifically denied in writing.
| ||
(2) A petition for a rule to show cause for violation |
of an order of
protection shall be treated as an expedited | ||
proceeding.
| ||
(b-1) The court shall not hold a school district or private | ||
or non-public school or any of its employees in civil or | ||
criminal contempt unless the school district or private or | ||
non-public school has been allowed to intervene. | ||
(b-2) The court may hold the parents, guardian, or legal | ||
custodian of a minor respondent in civil or criminal contempt | ||
for a violation of any provision of any order entered under | ||
this Act for conduct of the minor respondent in violation of | ||
this Act if the
parents, guardian, or legal custodian directed, | ||
encouraged, or assisted the respondent minor in such conduct. | ||
(c) Violation of custody or support orders. A violation of | ||
remedies
described in paragraphs (5), (6), (8), or (9) of | ||
subsection (b) of Section
214 of this Act may be enforced by | ||
any remedy provided by Section 611 of
the Illinois Marriage and | ||
Dissolution of Marriage Act. The court may
enforce any order | ||
for support issued under paragraph (12) of subsection (b)
of | ||
Section 214 in the manner provided for under Parts V and VII of | ||
the
Illinois Marriage and Dissolution of Marriage Act.
| ||
(d) Actual knowledge. An order of protection may be | ||
enforced pursuant to
this Section if the respondent violates | ||
the order after the
respondent has
actual knowledge of its | ||
contents as shown through one of the following means:
| ||
(1) By service, delivery, or notice under Section 210.
| ||
(2) By notice under Section 210.1 or 211.
|
(3) By service of an order of protection under Section | ||
222.
| ||
(4) By other means demonstrating actual knowledge of | ||
the contents of the
order.
| ||
(e) The enforcement of an order of protection in civil or | ||
criminal court
shall not be affected by either of the | ||
following:
| ||
(1) The existence of a separate, correlative order, | ||
entered under Section
215.
| ||
(2) Any finding or order entered in a conjoined | ||
criminal proceeding.
| ||
(f) Circumstances. The court, when determining whether or | ||
not a
violation of an order of protection has occurred, shall | ||
not require
physical manifestations of abuse on the person of | ||
the victim.
| ||
(g) Penalties.
| ||
(1) Except as provided in paragraph (3) of this
| ||
subsection, where the court finds the commission of a crime | ||
or contempt of
court under subsections (a) or (b) of this | ||
Section, the penalty shall be
the penalty that generally | ||
applies in such criminal or contempt
proceedings, and may | ||
include one or more of the following: incarceration,
| ||
payment of restitution, a fine, payment of attorneys' fees | ||
and costs, or
community service.
| ||
(2) The court shall hear and take into account evidence | ||
of any factors
in aggravation or mitigation before deciding |
an appropriate penalty under
paragraph (1) of this | ||
subsection.
| ||
(3) To the extent permitted by law, the court is | ||
encouraged to:
| ||
(i) increase the penalty for the knowing violation | ||
of
any order of protection over any penalty previously | ||
imposed by any court
for respondent's violation of any | ||
order of protection or penal statute
involving | ||
petitioner as victim and respondent as defendant;
| ||
(ii) impose a minimum penalty of 24 hours | ||
imprisonment for respondent's
first violation of any | ||
order of protection; and
| ||
(iii) impose a minimum penalty of 48 hours | ||
imprisonment for
respondent's second or subsequent | ||
violation of an order of protection
| ||
unless the court explicitly finds that an increased penalty | ||
or that
period of imprisonment would be manifestly unjust.
| ||
(4) In addition to any other penalties imposed for a | ||
violation of an
order of protection, a criminal court may | ||
consider evidence of any
violations of an order of | ||
protection:
| ||
(i) to increase, revoke or modify the bail bond on | ||
an underlying
criminal charge pursuant to Section | ||
110-6 of the Code of Criminal Procedure
of 1963;
| ||
(ii) to revoke or modify an order of probation, | ||
conditional discharge or
supervision, pursuant to |
Section 5-6-4 of the Unified Code of Corrections;
| ||
(iii) to revoke or modify a sentence of periodic | ||
imprisonment,
pursuant to Section 5-7-2 of the Unified | ||
Code of Corrections.
| ||
(5) In addition to any other penalties, the court shall | ||
impose an
additional fine of $20 as authorized by Section | ||
5-9-1.11 of the Unified Code of
Corrections upon any person | ||
convicted of or placed on supervision for a
violation of an | ||
order of protection.
The additional fine shall be imposed | ||
for each violation of this Section.
| ||
(Source: P.A. 96-1551, eff. 7-1-11; 97-294, eff. 1-1-12.)
| ||
(750 ILCS 60/301) (from Ch. 40, par. 2313-1)
| ||
Sec. 301. Arrest without warrant.
| ||
(a) Any law enforcement officer may
make an arrest without
| ||
warrant if the officer has probable cause to believe that the | ||
person has
committed or is committing any crime, including but | ||
not limited to
violation of an order of protection, under | ||
Section 12-3.4 or 12-30 of the Criminal
Code of 1961 or the | ||
Criminal Code of 2012 , even if the crime was not committed in | ||
the presence of the
officer.
| ||
(b) The law enforcement officer may verify the existence of | ||
an order of
protection by telephone or radio communication with | ||
his or her law enforcement
agency or by referring to the copy | ||
of the order provided by the petitioner
or respondent.
| ||
(c) Any law enforcement officer may make an arrest without |
warrant if the
officer has reasonable grounds to believe a | ||
defendant at liberty under
the provisions of subdivision (d)(1) | ||
or (d)(2) of Section 110-10 of the Code of
Criminal Procedure | ||
of 1963 has violated a condition of
his or her bail bond or | ||
recognizance.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
(750 ILCS 60/304) (from Ch. 40, par. 2313-4)
| ||
Sec. 304. Assistance by law enforcement officers.
| ||
(a) Whenever a law enforcement officer has reason to | ||
believe that a person
has been abused, neglected, or exploited | ||
by a family or household member, the
officer shall immediately | ||
use all reasonable means to prevent further abuse,
neglect, or | ||
exploitation, including:
| ||
(1) Arresting the abusing, neglecting and exploiting | ||
party, where
appropriate;
| ||
(2) If there is probable cause to believe that | ||
particular weapons were
used to commit the incident of | ||
abuse, subject to constitutional limitations,
seizing and | ||
taking inventory of the weapons;
| ||
(3) Accompanying the victim of abuse, neglect, or | ||
exploitation to
his or her place of residence for a | ||
reasonable period of time to
remove necessary personal | ||
belongings and possessions;
| ||
(4) Offering the victim of abuse, neglect, or | ||
exploitation immediate
and adequate information (written |
in a language appropriate for the
victim or in Braille or | ||
communicated in appropriate sign language), which shall
| ||
include a summary of the procedures and relief available to | ||
victims of abuse
under subsection (c) of Section 217 and | ||
the officer's name and badge number;
| ||
(5) Providing the victim with one referral to an | ||
accessible service
agency;
| ||
(6) Advising the victim of abuse about seeking medical | ||
attention and
preserving evidence (specifically including | ||
photographs of injury or damage
and damaged clothing or | ||
other property); and
| ||
(7) Providing or arranging accessible transportation | ||
for the victim of
abuse (and, at the victim's request, any | ||
minors or dependents in the
victim's care) to a medical | ||
facility for treatment of injuries or to a
nearby place of | ||
shelter or safety; or, after the close of court business
| ||
hours, providing or arranging for transportation for the | ||
victim (and, at
the victim's request, any minors or | ||
dependents in the victim's care) to the
nearest available | ||
circuit judge or associate judge so the victim may file a
| ||
petition for an emergency order of protection under | ||
subsection (c) of Section
217. When a victim of abuse | ||
chooses to leave the scene of the offense, it
shall be | ||
presumed that it is in the best interests of any minors or | ||
dependents
in the victim's care to remain with the victim | ||
or a person designated by the
victim, rather than to remain |
with the abusing party.
| ||
(b) Whenever a law enforcement officer does not exercise | ||
arrest powers
or otherwise initiate criminal proceedings, the | ||
officer shall:
| ||
(1) Make a police report of the investigation of any | ||
bona fide allegation
of an incident of abuse, neglect, or | ||
exploitation and the disposition
of the investigation, in | ||
accordance with subsection (a) of Section 303;
| ||
(2) Inform the victim of abuse neglect, or exploitation | ||
of the
victim's right to request that a criminal proceeding | ||
be initiated where
appropriate, including specific times | ||
and places for meeting with the State's
Attorney's office, | ||
a warrant officer, or other official in accordance with
| ||
local procedure; and
| ||
(3) Advise the victim of the importance of seeking | ||
medical attention
and preserving evidence (specifically | ||
including photographs of injury
or damage and damaged | ||
clothing or other property).
| ||
(c) Except as provided by Section 24-6 of the Criminal Code | ||
of 2012 1961 or
under a court order, any weapon seized under | ||
subsection (a)(2) shall be
returned forthwith to the person | ||
from whom it was seized when it is no longer
needed for | ||
evidentiary purposes.
| ||
(Source: P.A. 87-1186; 88-498.)
| ||
Section 780. The Parental Notice of Abortion Act of 1995 is |
amended by changing Section 10 as follows:
| ||
(750 ILCS 70/10)
| ||
Sec. 10. Definitions. As used in this Act:
| ||
"Abortion" means the use of any instrument, medicine, drug, | ||
or any other
substance or device to terminate the pregnancy of | ||
a woman known to be pregnant
with an intention other than to | ||
increase the probability of a live birth, to
preserve the life | ||
or health of a child after live birth, or to remove a dead
| ||
fetus.
| ||
"Actual notice" means the giving of notice directly, in | ||
person, or by
telephone.
| ||
"Adult family member" means a person over 21 years of age | ||
who is the parent,
grandparent, step-parent living in the | ||
household, or legal guardian.
| ||
"Constructive notice" means notice by certified mail to the | ||
last known
address of the person entitled to notice with | ||
delivery deemed to have occurred
48 hours after the certified | ||
notice is mailed.
| ||
"Incompetent" means any person who has been adjudged as | ||
mentally ill or
developmentally disabled and who, because of | ||
her mental illness or
developmental disability, is not fully | ||
able to manage her person and for whom a
guardian of the person | ||
has been appointed under Section 11a-3(a)(1) of the
Probate Act | ||
of 1975.
| ||
"Medical emergency" means a condition that, on the basis of |
the
physician's good faith clinical judgment, so complicates | ||
the medical condition
of a pregnant woman as to necessitate the | ||
immediate abortion of her pregnancy
to avert her death or for | ||
which a delay will create serious risk of
substantial and | ||
irreversible impairment of major bodily function.
| ||
"Minor" means any person under 18 years of age who is not | ||
or has not been
married or who has not been emancipated under | ||
the Emancipation of
Minors Act.
| ||
"Neglect" means the failure of an adult family member to | ||
supply a child with
necessary food, clothing, shelter, or | ||
medical care when reasonably able to do
so or the failure to | ||
protect a child from conditions or actions that imminently
and | ||
seriously endanger the child's physical or mental health when | ||
reasonably
able to do so.
| ||
"Physical abuse" means any physical injury intentionally | ||
inflicted by an
adult family member on a child.
| ||
"Physician" means any person licensed to practice medicine | ||
in all its
branches under the Illinois Medical Practice Act of | ||
1987.
| ||
"Sexual abuse" means any sexual conduct or sexual | ||
penetration as defined in
Section 11-0.1 of the Criminal Code | ||
of 2012 1961 that is prohibited by the criminal
laws of the | ||
State of Illinois and committed against a minor by an adult | ||
family
member as defined in this Act.
| ||
(Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11 .)
|
Section 785. The Probate Act of 1975 is amended by changing | ||
Sections 1-5, 2-6.2, 2-6.6, and 25-1 as follows:
| ||
(755 ILCS 5/1-5) (from Ch. 110 1/2, par. 1-5)
| ||
Sec. 1-5.
Petition under oath.) Every petition under this | ||
Act, except a
petition under Section 8-1 or Section 8-2, shall | ||
be under oath or
affirmation. If a statement is known to | ||
petitioner only upon information
and belief, or is unknown to | ||
him, the petition shall so state. Whenever any
instrument is | ||
required to be verified or under oath, a statement that is
made | ||
under the penalties of perjury has the same effect as if the
| ||
instrument were verified or made under oath. A fraudulent | ||
statement so
made is perjury, as defined in Section 32-2 of the | ||
Criminal Code
of 2012 1961 .
| ||
(Source: P.A. 85-692.)
| ||
(755 ILCS 5/2-6.2)
| ||
Sec. 2-6.2. Financial exploitation, abuse, or neglect of an | ||
elderly person
or a person with a disability. | ||
(a) In this Section:
| ||
"Abuse" means any offense described in Section 12-21 or | ||
subsection (b) of Section 12-4.4a of the Criminal Code of
1961 | ||
or the Criminal Code of 2012 .
| ||
"Financial exploitation" means any offense described in | ||
Section 16-1.3 or 17-56 of the
Criminal Code of 1961 or the | ||
Criminal Code of 2012 .
|
"Neglect" means any offense described in Section 12-19 or | ||
subsection (a) of Section 12-4.4a of the Criminal Code
of 1961 | ||
or the Criminal Code of 2012 .
| ||
(b) Persons convicted of financial exploitation,
abuse, or | ||
neglect of an elderly person or a person with a disability | ||
shall not
receive
any property, benefit, or other interest by | ||
reason of the
death of that elderly person or person with a | ||
disability, whether as heir,
legatee,
beneficiary, survivor, | ||
appointee, claimant under Section 18-1.1, or in any other | ||
capacity
and whether the property, benefit, or other interest | ||
passes
pursuant to any form of title registration, testamentary | ||
or
nontestamentary instrument, intestacy, renunciation, or any
| ||
other circumstance. The property, benefit, or other
interest | ||
shall pass as if the person convicted of the
financial | ||
exploitation, abuse, or neglect died before the
decedent, | ||
provided that with respect to joint tenancy
property the | ||
interest possessed prior to the death by the
person convicted | ||
of the financial exploitation, abuse, or
neglect shall not be
| ||
diminished by the application of this Section. Notwithstanding | ||
the
foregoing, a person convicted of financial exploitation, | ||
abuse, or neglect of
an elderly person or a person with a | ||
disability shall be entitled to receive
property, a benefit, or | ||
an
interest in any capacity and under any circumstances | ||
described in this
subsection (b) if it is demonstrated by clear | ||
and convincing evidence that the
victim of that offense knew of | ||
the conviction and subsequent to the
conviction expressed or |
ratified his or her intent to transfer the property,
benefit, | ||
or interest to the person convicted of financial exploitation, | ||
abuse,
or
neglect of an elderly person or a person with a | ||
disability in any manner
contemplated by this subsection
(b).
| ||
(c)(1) The holder of any property subject to the
provisions | ||
of this Section shall not be liable for
distributing or | ||
releasing the property to the person
convicted of financial | ||
exploitation, abuse, or neglect of
an elderly person or a | ||
person with a disability if the distribution or release
occurs
| ||
prior to the conviction.
| ||
(2) If the holder is a financial institution, trust | ||
company, trustee, or
similar entity or person, the holder shall | ||
not be liable for any distribution
or
release of the property, | ||
benefit, or other interest to the person convicted of
a
| ||
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or | ||
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||
of 1961 or the Criminal Code of 2012
unless the holder | ||
knowingly distributes or releases the property, benefit, or
| ||
other interest to the person so convicted after first having | ||
received actual
written notice of the conviction in sufficient | ||
time to act upon the notice.
| ||
(d) If the holder of any property subject to the
provisions | ||
of this Section knows that a potential beneficiary has been
| ||
convicted of financial
exploitation, abuse, or neglect of an | ||
elderly person or a person with a
disability within
the scope | ||
of this Section, the holder shall fully cooperate
with law |
enforcement authorities and judicial officers in
connection | ||
with any investigation of the financial
exploitation, abuse, or | ||
neglect. If the holder is a person or entity that is
subject to | ||
regulation by a regulatory agency pursuant to the laws of this | ||
or
any other state or pursuant to the laws of the United | ||
States, including but not
limited to the business of a | ||
financial institution, corporate fiduciary, or
insurance | ||
company, then such person or entity shall not be deemed to be | ||
in
violation of this Section to the extent that privacy laws | ||
and regulations
applicable to such person or entity prevent it | ||
from voluntarily providing law
enforcement authorities or | ||
judicial officers with information.
| ||
(Source: P.A. 96-1551, Article 1, Section 995, eff. 7-1-11; | ||
96-1551, Article 10, Section 10-155, eff. 7-1-11; 97-1109, eff. | ||
1-1-13.)
| ||
(755 ILCS 5/2-6.6)
| ||
Sec. 2-6.6. Person convicted of certain offenses against | ||
the elderly or
disabled. A person who is convicted of a | ||
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or | ||
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||
of 1961 or the Criminal Code of 2012 may not receive any | ||
property, benefit, or
other interest by reason of the death of | ||
the victim of that offense, whether as
heir, legatee, | ||
beneficiary, joint tenant, tenant by the entirety, survivor,
| ||
appointee, or in any other capacity and whether the property, |
benefit, or other
interest passes pursuant to any form of title | ||
registration, testamentary or
nontestamentary instrument, | ||
intestacy, renunciation, or any other circumstance.
The | ||
property, benefit, or other interest shall pass as if the | ||
person convicted
of a violation of Section 12-19, 12-21, | ||
16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a, | ||
of the Criminal Code of 1961 or the Criminal Code of 2012
died | ||
before the decedent; provided that with respect to joint | ||
tenancy property
or property held in tenancy by the entirety, | ||
the interest possessed prior to
the death by the person | ||
convicted may not
be diminished by the application of this | ||
Section. Notwithstanding the
foregoing, a person convicted of a | ||
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or | ||
subsection (a) or (b) of Section 12-4.4a,
of the Criminal Code | ||
of 1961 or the Criminal Code of 2012 shall be entitled to | ||
receive property, a
benefit, or an interest in any capacity and | ||
under any circumstances described
in this Section if it is | ||
demonstrated by clear and convincing evidence that the
victim | ||
of that offense knew of the conviction and subsequent to the
| ||
conviction expressed or ratified his or her intent to transfer | ||
the property,
benefit, or interest to the person convicted of a | ||
violation of Section 12-19,
12-21, 16-1.3, or 17-56, or | ||
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||
of 1961 or the Criminal Code of 2012 in any manner contemplated
| ||
by this Section.
| ||
The holder of any property subject to the provisions of |
this Section
is not liable for distributing or releasing the | ||
property to the person
convicted of violating Section 12-19, | ||
12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section | ||
12-4.4a, of the Criminal
Code of 1961 or the Criminal Code of | ||
2012 .
| ||
If the holder is a financial institution, trust company, | ||
trustee, or
similar entity or person, the holder shall not be | ||
liable for any distribution
or
release of the property, | ||
benefit, or other interest to the person convicted of
a | ||
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or | ||
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||
of 1961 or the Criminal Code of 2012
unless the holder | ||
knowingly distributes or releases the property, benefit, or
| ||
other interest to the person so convicted after first having | ||
received actual
written notice of the conviction in sufficient | ||
time to act upon the notice.
| ||
The Department of State Police shall have access to State | ||
of Illinois
databases containing information that may help in | ||
the identification or
location of persons convicted of the | ||
offenses enumerated in this Section.
Interagency agreements | ||
shall be implemented, consistent with security and
procedures | ||
established by the State agency and consistent with the laws
| ||
governing the confidentiality of the information in the | ||
databases. Information
shall be used only for administration of | ||
this Section.
| ||
(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11; |
96-1551, Article 10, Section 10-155, eff. 7-1-11; 97-1109, eff. | ||
1-1-13.)
| ||
(755 ILCS 5/25-1) (from Ch. 110 1/2, par. 25-1)
| ||
Sec. 25-1. Payment or delivery of small estate of decedent | ||
upon
affidavit. | ||
(a) When any person or corporation (1) indebted to or | ||
holding
personal estate of a decedent, (2) controlling the | ||
right of access to
decedent's safe deposit box or (3) acting as | ||
registrar or transfer agent
of any evidence of interest, | ||
indebtedness, property or right is
furnished with a small | ||
estate affidavit in substantially the
form hereinafter set | ||
forth, that person or corporation shall pay the
indebtedness, | ||
grant access to the safe deposit box, deliver the personal
| ||
estate or transfer or issue the evidence of interest, | ||
indebtedness,
property or right to persons and in the manner | ||
specified in paragraph 11 of
the affidavit or to an agent | ||
appointed as hereinafter set forth.
| ||
(b) Small Estate Affidavit
| ||
I, (name of affiant) , on oath state:
| ||
1. (a) My post office address is: ;
| ||
(b) My residence address is: ; and
| ||
(c) I understand that, if I am an out-of-state | ||
resident, I submit myself
to the jurisdiction of Illinois | ||
courts for all matters related to the preparation
and use of | ||
this affidavit. My agent for service of process in Illinois is:
|
NAME..........................
| ||
ADDRESS.......................
| ||
CITY..........................
| ||
TELEPHONE (IF ANY)............
| ||
I understand that if no person is named above as my agent for | ||
service or,
if for any reason, service on the named person | ||
cannot be effectuated, the
clerk of the circuit court of | ||
......(County) (Judicial Circuit) Illinois
is recognized by | ||
Illinois law as my agent for service of process.
| ||
2. The decedent's name is ;
| ||
3. The date of the decedent's death was , and I | ||
have
attached a copy of the death certificate hereto.
| ||
4. The decedent's place of residence immediately before his
| ||
death was ;
| ||
5. No letters of office are now outstanding on the | ||
decedent's estate and
no petition for letters is contemplated | ||
or pending in Illinois or in any
other jurisdiction, to my | ||
knowledge;
| ||
6. The gross value of the decedent's entire personal | ||
estate, including
the value of all property passing to any | ||
party either by intestacy or
under a will, does not exceed | ||
$100,000. (Here, list each asset, e.g., cash,
stock, and its | ||
fair market value.);
| ||
|
|
|
| ||||||||||||||
Name Specific sum or property to be distributed | ||||||||||||||
The foregoing statement is made under the penalties of | ||||||||||||||
perjury*.
| ||||||||||||||
.........................
| ||||||||||||||
Signature of Affiant
| ||||||||||||||
*(Note: A fraudulent statement made under the penalties of | ||||||||||||||
perjury is
perjury, as defined in Section 32-2 of the Criminal | ||||||||||||||
Code of 2012 1961 .)
| ||||||||||||||
(c) Appointment of Agent. If safe deposit access is | ||||||||||||||
involved or if sale
of any personal property is desirable to | ||||||||||||||
facilitate distribution pursuant
to the small estate | ||||||||||||||
affidavit, all persons named in paragraph 11 of the
small | ||||||||||||||
estate affidavit (excluding minors and unascertained or | ||||||||||||||
disabled
persons) may in writing appoint one or more persons as | ||||||||||||||
their agent for that
purpose. The agent shall have power, | ||||||||||||||
without court approval, to gain access
to, sell, and distribute | ||||||||||||||
the property for the benefit of all persons named
in paragraph | ||||||||||||||
11 of the affidavit; and the payment, delivery, transfer,
| ||||||||||||||
access or issuance shall be made or granted to or on the order | ||||||||||||||
of the agent.
|
(d) Release. Upon payment, delivery, transfer, access or | ||
issuance
pursuant to a properly executed affidavit, the person | ||
or corporation is
released to the same extent as if the | ||
payment, delivery, transfer, access
or issuance had been made | ||
or granted to the representative of the estate.
Such person or | ||
corporation is not required to see to the application or
| ||
disposition of the property; but each person to whom a payment, | ||
delivery,
transfer, access or issuance is made or given is | ||
answerable therefor to any
person having a prior right and is | ||
accountable to any representative of the
estate.
| ||
(e) The affiant signing the small estate affidavit prepared | ||
pursuant to
subsection (b) of this Section shall indemnify and | ||
hold harmless all creditors
and heirs of the decedent and other | ||
persons relying upon the affidavit who
incur loss because of | ||
such reliance. That indemnification shall only be
up to the | ||
amount lost because of the act or omission of the affiant. Any
| ||
person recovering under this subsection (e) shall be entitled | ||
to reasonable
attorney's fees and the expenses of recovery.
| ||
(f) The affiant of a small estate affidavit who is a | ||
non-resident of
Illinois submits himself or herself to the | ||
jurisdiction of Illinois courts
for all matters related to the | ||
preparation or use of the affidavit. The
affidavit shall | ||
provide the name, address, and phone number of a person
whom | ||
the affiant names as his agent for service of process. If no | ||
such
person is named or if, for any reason, service on the | ||
named person cannot
be effectuated, the clerk of the circuit |
court of the county or judicial
circuit of which the decedent | ||
was a resident at the time of his death shall
be the agent for | ||
service of process.
| ||
(g) Any action properly taken under this Section, as | ||
amended by Public Act 93-877, on or after August 6, 2004 (the | ||
effective date of Public Act 93-877) is valid regardless of the | ||
date of death of the decedent.
| ||
(h) The changes made by this amendatory Act of the 96th | ||
General Assembly apply to a decedent whose date of death is on | ||
or after the effective date of this amendatory Act of the 96th
| ||
General Assembly. | ||
(Source: P.A. 96-968, eff. 7-2-10.)
| ||
Section 790. The Illinois Power of Attorney Act is amended | ||
by changing Sections 2-8, 2-10.3, and 2-10.5 as follows:
| ||
(755 ILCS 45/2-8) (from Ch. 110 1/2, par. 802-8)
| ||
Sec. 2-8. Reliance on
document purporting to establish an
| ||
agency. | ||
(a) Any person who acts in good faith
reliance on a copy of
| ||
a document purporting to establish an agency will be fully | ||
protected and
released to
the same extent as though the reliant | ||
had dealt directly with the
named
principal
as a | ||
fully-competent person. The
named
agent shall furnish an | ||
affidavit or Agent's Certification and Acceptance of Authority | ||
to the
reliant on demand stating that the instrument relied on |
is a true copy of
the agency and that, to the best of the
named
| ||
agent's knowledge, the named principal is
alive and the | ||
relevant powers of the
named
agent have not been altered or
| ||
terminated; but good faith reliance on
a document purporting to | ||
establish an agency will protect the reliant
without the | ||
affidavit or Agent's Certification and Acceptance of | ||
Authority. | ||
(b) Upon request, the named agent in a power of attorney | ||
shall furnish an Agent's Certification and Acceptance of | ||
Authority to the reliant in substantially the following form: | ||
AGENT'S CERTIFICATION AND ACCEPTANCE OF AUTHORITY | ||
I, .......... (insert name of agent), certify that the | ||
attached is a true copy of a power of attorney naming the | ||
undersigned as agent or successor agent for ............. | ||
(insert name of principal). | ||
I certify that to the best of my knowledge the principal | ||
had the capacity to execute the power of attorney, is alive, | ||
and has not revoked the power of attorney; that my powers as | ||
agent have not been altered or terminated; and that the power | ||
of attorney remains in full force and effect. | ||
I accept appointment as agent under this power of attorney. | ||
This certification and acceptance is made under penalty of | ||
perjury.* | ||
Dated: ............ |
....................... | ||
(Agent's Signature) | ||
....................... | ||
(Print Agent's Name) | ||
....................... | ||
(Agent's Address) | ||
*(NOTE: Perjury is defined in Section 32-2 of the Criminal | ||
Code of 2012 1961 , and is a Class 3 felony.) | ||
(c) Any person dealing with an agent
named in a copy of a | ||
document purporting to establish an agency
may presume, in
the | ||
absence of actual knowledge to the contrary, that the
document | ||
purporting to establish the
agency was
validly executed,
that | ||
the agency was validly established,
that the named principal | ||
was competent at the time
of execution, and that, at the time | ||
of reliance, the
named
principal is alive,
the agency
was | ||
validly established
and has not terminated or been amended, the | ||
relevant powers of the
named
agent were properly and validly | ||
granted and have not terminated or
been amended, and the acts | ||
of the
named
agent conform to the standards of this Act.
No | ||
person relying on
a copy of a document purporting to establish | ||
an agency shall be required to see to the application
of any | ||
property delivered to or controlled by the
named
agent or to | ||
question the
authority of the
named
agent. | ||
(d) Each person to whom a direction by the named agent in
| ||
accordance with the terms of the
copy of the document |
purporting to establish an
agency is communicated shall comply | ||
with
that direction, and any person who fails to comply | ||
arbitrarily or without
reasonable cause shall be subject to | ||
civil liability for any damages
resulting from noncompliance.
A | ||
health care provider who complies with Section 4-7 shall not be
| ||
deemed to have acted arbitrarily or without reasonable cause.
| ||
(Source: P.A. 96-1195, eff. 7-1-11 .)
| ||
(755 ILCS 45/2-10.3) | ||
Sec. 2-10.3. Successor agents. | ||
(a) A principal may designate one or more successor agents | ||
to act if an initial or predecessor agent resigns, dies, | ||
becomes incapacitated, is not qualified to serve, or declines | ||
to serve. A principal may grant authority to another person, | ||
designated by name, by office, or by function, including an | ||
initial or successor agent, to designate one or more successor | ||
agents. Unless a power of attorney otherwise provides, a | ||
successor agent has the same authority as that granted to an | ||
initial agent. | ||
(b) An agent is not liable for the actions of another | ||
agent, including a predecessor agent, unless the agent | ||
participates in or conceals a breach of fiduciary duty | ||
committed by the other agent. An agent who has knowledge of a | ||
breach or imminent breach of fiduciary duty by another agent | ||
must notify the principal and, if the principal is | ||
incapacitated, take whatever actions may be reasonably |
appropriate in the circumstances to safeguard the principal's | ||
best interest. | ||
(c) Any person who acts in good faith reliance on the | ||
representation of a successor agent regarding the | ||
unavailability of a predecessor agent will be fully protected | ||
and released to the same extent as though the reliant had dealt | ||
directly with the predecessor agent. Upon request, the | ||
successor agent shall furnish an affidavit or Successor Agent's | ||
Certification and Acceptance of Authority to the reliant, but | ||
good faith reliance on a document purporting to establish an | ||
agency will protect the reliant without the affidavit or | ||
Successor Agent's Certification and Acceptance of Authority. A | ||
Successor Agent's Certification and Acceptance of Authority | ||
shall be in substantially the following form: | ||
SUCCESSOR AGENT'S | ||
CERTIFICATION AND ACCEPTANCE OF AUTHORITY | ||
I certify that the attached is a true copy of a power of | ||
attorney naming the undersigned as agent or successor agent for | ||
.......... (insert name of principal). | ||
I certify that to the best of my knowledge the principal | ||
had the capacity to execute the power of attorney, is alive, | ||
and has not revoked the power of attorney; that my powers as | ||
agent have not been altered or terminated; and that the power | ||
of attorney remains in full force and effect. |
I certify that to the best of my knowledge .......... | ||
(insert name of unavailable agent) is unavailable due to | ||
................. (specify death, resignation, absence, | ||
illness, or other temporary incapacity). | ||
I accept appointment as agent under this power of attorney. | ||
This certification and acceptance is made under penalty of | ||
perjury.* | ||
Dated: ............ | ||
....................... | ||
(Agent's Signature) | ||
....................... | ||
(Print Agent's Name) | ||
....................... | ||
(Agent's Address) | ||
*(NOTE: Perjury is defined in Section 32-2 of the Criminal | ||
Code of 2012 1961 , and is a Class 3 felony.)
| ||
(Source: P.A. 96-1195, eff. 7-1-11 .) | ||
(755 ILCS 45/2-10.5)
| ||
Sec. 2-10.5. Co-agents. | ||
(a) Co-agents may not be named by a principal in a | ||
statutory short form power of attorney for property under | ||
Article III or a statutory short form power of attorney for | ||
health care under Article IV. In the event that co-agents are | ||
named in any other form of power of attorney, then the | ||
provisions of this Section shall govern the use and acceptance |
of co-agency designations. | ||
(b) Unless the power of attorney or this Section otherwise | ||
provides, authority granted to 2 or more co-agents is | ||
exercisable only by their majority consent. However, if prompt | ||
action is required to accomplish the purposes of the power of | ||
attorney or to avoid irreparable injury to the principal's | ||
interests and an agent is unavailable because of absence, | ||
illness, or other temporary incapacity, the other agent or | ||
agents may act for the principal. If a vacancy occurs in one or | ||
more of the designations of agent under a power of attorney, | ||
the remaining agent or agents may act for the principal. | ||
(c) An agent is not liable for the actions of another | ||
agent, including a co-agent or predecessor agent, unless the | ||
agent participates in or conceals a breach of fiduciary duty | ||
committed by the other agent. An agent who has knowledge of a | ||
breach or imminent breach of fiduciary duty by another agent | ||
must notify the principal and, if the principal is | ||
incapacitated, take whatever actions may be reasonably | ||
appropriate in the circumstances to safeguard the principal's | ||
best interest. | ||
(d) Any person who acts in good faith reliance on the | ||
representation of a co-agent regarding the unavailability of a | ||
predecessor agent or one or more co-agents, or the need for | ||
prompt action to accomplish the purposes of the power of | ||
attorney or to avoid irreparable injury to the principal's | ||
interests, will be fully protected and released to the same |
extent as though the reliant had dealt directly with all named | ||
agents. Upon request, the co-agent shall furnish an affidavit | ||
or Co-Agent's Certification and Acceptance of Authority to the | ||
reliant, but good faith reliance on a document purporting to | ||
establish an agency will protect the reliant without the | ||
affidavit or Co-Agent's Certification and Acceptance of | ||
Authority. A Co-Agent's Certification and Acceptance of | ||
Authority shall be in substantially the following form: | ||
CO-AGENT'S | ||
CERTIFICATION AND ACCEPTANCE OF AUTHORITY | ||
I certify that the attached is a true copy of a power of | ||
attorney naming the undersigned as agent or co-agent for | ||
.......... (insert name of principal). | ||
I certify that to the best of my knowledge the principal | ||
had the capacity to execute the power of attorney, is alive, | ||
and has not revoked the power of attorney; that my powers as | ||
agent have not been altered or terminated; and that the power | ||
of attorney remains in full force and effect. | ||
I certify that to the best of my knowledge .......... | ||
(insert name of unavailable agent) is unavailable due to | ||
................. (specify death, resignation, absence, | ||
illness, or other temporary incapacity). | ||
I certify that prompt action is required to accomplish the | ||
purposes of the power of attorney or to avoid irreparable |
injury to the principal's interests. | ||
I accept appointment as agent under this power of attorney. | ||
This certification and acceptance is made under penalty of | ||
perjury.* | ||
Dated: ............ | ||
....................... | ||
(Agent's Signature) | ||
....................... | ||
(Print Agent's Name) | ||
....................... | ||
(Agent's Address) | ||
*(NOTE: Perjury is defined in Section 32-2 of the Criminal | ||
Code of 2012 1961 , and is a Class 3 felony.)
| ||
(Source: P.A. 96-1195, eff. 7-1-11 .) | ||
Section 795. The Charitable Trust Act is amended by | ||
changing Section 16.5 as follows:
| ||
(760 ILCS 55/16.5)
| ||
Sec. 16.5. Terrorist acts.
| ||
(a) Any person or organization subject to registration | ||
under
this Act, who knowingly acts to further, directly or | ||
indirectly, or knowingly
uses charitable
assets to conduct or | ||
further, directly or indirectly, an act or actions as set
forth | ||
in Article 29D of the Criminal Code of 2012 1961 , is thereby | ||
engaged in an act
or actions contrary to public policy and |
antithetical to charity, and all of
the funds, assets, and | ||
records of the person or organization shall be
subject to | ||
temporary and permanent injunction from use or expenditure and | ||
the
appointment of a temporary and permanent receiver to take | ||
possession of all of
the assets and related records.
| ||
(b) An ex parte action may be commenced by the Attorney
| ||
General, and, upon a showing of probable cause of a
violation | ||
of this Section or Article 29D of the Criminal Code
of 2012 | ||
1961 , an immediate seizure of books and records
by the Attorney | ||
General by and through his or her assistants
or investigators | ||
or the Department of State Police and freezing of all assets
| ||
shall be
made by order of a court to protect the public, | ||
protect the
assets, and allow a full review of the records.
| ||
(c) Upon a finding by a court after a hearing that a person | ||
or
organization has acted or is in violation of this Section, | ||
the person
or organization shall be permanently enjoined from | ||
soliciting funds from
the public, holding charitable funds, or | ||
acting as a trustee or fiduciary
within Illinois. Upon a | ||
finding of violation all assets and funds
held by the person or | ||
organization shall be forfeited to the People of
the State of | ||
Illinois or otherwise ordered by the court to be accounted
for | ||
and marshaled and then delivered to charitable causes and uses | ||
within
the State of Illinois by court order.
| ||
(d) A determination under this Section may be made by any
| ||
court separate and apart from any criminal
proceedings and the | ||
standard of proof shall be that for civil proceedings.
|
(e) Any knowing use of charitable assets to conduct or | ||
further, directly or
indirectly, an act or actions set forth in | ||
Article 29D of the Criminal Code of
2012 1961 shall be a misuse | ||
of charitable assets and breach of fiduciary duty
relative to | ||
all other Sections of this Act.
| ||
(Source: P.A. 92-854, eff. 12-5-02.)
| ||
Section 800. The Land Trust Beneficial Interest Disclosure | ||
Act is amended by changing Section 3 as follows:
| ||
(765 ILCS 405/3) (from Ch. 148, par. 73)
| ||
Sec. 3.
False
verification - Perjury.
Whoever, in swearing | ||
to, or affirming, an application or statement as required under
| ||
this Act, makes a false statement as to the identification of | ||
beneficiaries
of a land trust, or which is material to an issue | ||
or point in question in
such application or statement, or who, | ||
having taken a lawful oath or made affirmation,
shall testify | ||
willfully and falsely as to any of such matters for the
purpose | ||
of inducing the approval of any such benefit, authorization,
| ||
license or permit, or who shall suborn any other person to so | ||
swear, affirm
or testify, is guilty of perjury or subornation | ||
of perjury, as the case may
be, and upon conviction thereof, | ||
shall be sentenced as provided in Sections
32-2 or 32-3, | ||
respectively, of the Criminal Code of 2012 1961, as amended, | ||
for
such offenses .
| ||
(Source: P.A. 85-747.)
|
Section 805. The Landlord and Tenant Act is amended by | ||
changing Section 10 as follows: | ||
(765 ILCS 705/10) | ||
Sec. 10.
Failure to inform lessor who is a child sex | ||
offender and who resides in the same building in which the | ||
lessee resides or intends to reside that the lessee is a parent | ||
or guardian of a child under 18 years of age. If a lessor of | ||
residential real estate resides at such real estate and is a | ||
child sex offender as defined in Section 11-9.3 or 11-9.4 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012 and | ||
rents such real estate to a person who does not inform the | ||
lessor that the person is a parent or guardian of a child or | ||
children under 18 years of age and subsequent to such lease, | ||
the lessee discovers that the landlord is a child sex offender, | ||
then the lessee may not terminate the lease based upon such | ||
discovery that the lessor is a child sex offender and such | ||
lease shall be in full force and effect. This subsection shall | ||
apply only to leases or other rental arrangements entered into | ||
after the effective date of this amendatory Act of the 95th | ||
General Assembly. | ||
(Source: P.A. 95-820, eff. 1-1-09; 96-1551, eff. 7-1-11 .) | ||
Section 810. The Safe Homes Act is amended by changing | ||
Section 10 as follows: |
(765 ILCS 750/10)
| ||
Sec. 10. Definitions. For purposes of this Act: | ||
"Domestic violence" means "abuse" as defined in Section 103 | ||
of the Illinois Domestic Violence Act of 1986 by a "family or | ||
household member" as defined in Section 103 of the Illinois | ||
Domestic Violence Act of 1986. | ||
"Landlord" means the owner of a building or the owner's | ||
agent with regard to matters concerning landlord's leasing of a | ||
dwelling. | ||
"Sexual violence" means any act of sexual assault, sexual | ||
abuse, or stalking of an adult or minor child, including but | ||
not limited to non-consensual sexual conduct or non-consensual | ||
sexual penetration as defined in the Civil No Contact Order Act | ||
and the offenses of stalking, aggravated stalking, criminal | ||
sexual assault, aggravated criminal sexual assault, predatory | ||
criminal sexual assault of a child, criminal sexual abuse, and | ||
aggravated criminal sexual abuse as those offenses are | ||
described in the Criminal Code of 2012 1961 . | ||
"Tenant" means a person who has entered into an oral or | ||
written lease with a landlord whereby the person is the lessee | ||
under the lease.
| ||
(Source: P.A. 94-1038, eff. 1-1-07.) | ||
Section 815. The Cemetery Protection Act is amended by | ||
changing Section 16 as follows:
|
(765 ILCS 835/16)
| ||
Sec. 16. When a multiple interment right owner becomes | ||
deceased, the
ownership of any
unused rights of interment shall | ||
pass in accordance with the specific bequest
in the decedent's | ||
will. If there is no will or specific bequest then the | ||
ownership and use
of the unused rights of interment shall be | ||
determined by a cemetery authority
in
accordance with the | ||
information set out on a standard affidavit for cemetery
| ||
interment rights use form if such a form has been prepared. The | ||
unused right
of interment shall be
used for the interment of | ||
the first
deceased heir listed on the standard affidavit and | ||
continue in sequence until
all listed heirs are deceased. In | ||
the event that an interment right is not
used,
the interment | ||
right shall pass to the heirs of the heirs of the deceased
| ||
interment right owner in perpetuity. Except as otherwise | ||
provided in this Section, this shall not preclude the ability | ||
of
the heirs to sell said interment rights, in the event that | ||
all listed living
heirs are in agreement, and it shall not | ||
preclude the ability of a 2/3 majority of the living heirs to | ||
sell a specific interment right to the spouse of a living or | ||
deceased heir. If the standard affidavit for cemetery interment
| ||
rights use, showing heirship of decedent
interment right | ||
owner's living heirs is provided to and followed by a cemetery
| ||
authority, the
cemetery authority shall be released of any | ||
liability in relying on that
affidavit.
|
The following is the form of the standard affidavit:
| ||
STATE OF ILLINOIS )
| ||
) SS
| ||
COUNTY OF ....................)
| ||
AFFIDAVIT FOR CEMETERY INTERMENT RIGHTS USE
| ||
I, .............., being first duly sworn on oath depose and | ||
say that:
| ||
1. A. My place of residence is ........................
| ||
B. My post office address is .......................
| ||
C. I understand that I am providing the information | ||
contained in this
affidavit to the ............ | ||
("Cemetery") and the Cemetery shall, in the
absence of | ||
directions to the contrary in my will, rely on this | ||
information to
allow the listed individuals to be interred | ||
in any unused interment rights in
the order of their death.
| ||
D. I understand that, if I am an out-of-state resident, | ||
I submit
myself to the jurisdiction of Illinois courts for | ||
all matters related to the
preparation and use of this | ||
affidavit. My agent for service of process in
Illinois is:
| ||
Name ................. Address .....................
| ||
City ................. Telephone ...................
| ||
Items 2 through 6 must be completed by the executor of the | ||
decedent's
estate, a personal representative, owner's |
surviving spouse, or surviving
heir.
| ||
2. The decedent's name is ..............................
| ||
3. The date of decedent's death was ....................
| ||
4. The decedent's place of residence immediately before
his | ||
or her death was ........................................
| ||
5. My relationship to the decedent is .................. | ||
and I am authorized to sign and file this affidavit.
| ||
6. At the time of death, the decedent (had no) (had a) | ||
surviving spouse.
The name of the surviving spouse, if any, is | ||
....................., and
he or she (has) (has not) remarried.
| ||
7. The following is a list of the cemetery interment rights
| ||
that may be used by the heirs if the owner is deceased:
| ||
.............................................................
| ||
.............................................................
| ||
8. The following persons have an ownership interest in and | ||
the right to use the cemetery interment rights
in the order of | ||
their death:
| ||
.......................... Address ..........................
| ||
.......................... Address ..........................
| ||
.......................... Address ..........................
| ||
.......................... Address ..........................
| ||
.......................... Address ..........................
| ||
.......................... Address ..........................
| ||
.......................... Address ..........................
| ||
9. This affidavit is made for the purpose of obtaining the | ||
consent of the
undersigned to transfer the right of interment |
at the above mentioned cemetery
property to the listed heirs. | ||
Affiants agree that they will save, hold
harmless, and | ||
indemnify Cemetery, its heirs, successors, employees, and
| ||
assigns, from all claims, loss, or damage whatsoever that may | ||
result from
relying on this affidavit to record said transfer | ||
in its records and allow
interments on the basis of the | ||
information contained in this affidavit.
| ||
WHEREFORE affiant requests Cemetery to recognize the above | ||
named
heirs-at-law as those rightfully entitled to the | ||
ownership of and use of said interment
(spaces) (space).
| ||
THE FOREGOING STATEMENT IS MADE UNDER THE PENALTIES OF PERJURY.
| ||
(A FRAUDULENT STATEMENT MADE UNDER THE PENALTIES OF PERJURY IS | ||
PERJURY AS
DEFINED IN THE CRIMINAL CODE OF 2012 1961 .)
| ||
Dated this ........ day of .............., .....
| ||
................... (Seal) (To be signed by the owner or | ||
the individual who
completes items 2 through 6 above.)
| ||
Subscribed and sworn to before me, a Notary Public in and for | ||
the County and
State of .............. aforesaid
this ........ | ||
day of ..............., .....
| ||
............................ Notary Public.
| ||
(Source: P.A. 93-772, eff. 1-1-05; 94-520, eff. 8-10-05.)
|
Section 820. The Counterfeit Trademark Act is amended by | ||
changing Section 9 as follows:
| ||
(765 ILCS 1040/9)
| ||
Sec. 9. Seizure and disposition.
| ||
(a) A peace officer shall, upon probable cause, seize any | ||
counterfeit items, counterfeit marks, or any component of that | ||
merchandise
knowingly possessed in violation of this Act.
| ||
(b) A peace officer shall seize any vehicle, aircraft, | ||
vessel, machinery or
other instrumentality which the
officer | ||
reasonably believed was knowingly used to commit or facilitate | ||
a violation of
this Act.
| ||
(c) A peace officer shall, upon probable cause, seize any | ||
proceeds resulting from a violation of this Act. | ||
(d) Seized counterfeit goods shall be destroyed upon the | ||
written consent of
the
defendant or by judicial determination | ||
that the seized goods are counterfeit
items or otherwise bear | ||
the trademark, trade name or service mark without the
| ||
authorization of the owner, unless another disposition of the | ||
goods is
consented to by the owner of the trademark, trade
name | ||
or service mark.
| ||
The seizure and forfeiture of vehicles, aircraft, vessels, | ||
machinery, or
other instrumentalities provided for by this | ||
Section shall be carried out in
the same manner and pursuant to | ||
the same procedures as provided in Article 36
of the Criminal | ||
Code of 2012 1961 with respect to vessels, vehicles, and
|
aircraft.
| ||
(Source: P.A. 96-631, eff. 1-1-10.)
| ||
Section 825. The Illinois Human Rights Act is amended by | ||
changing Section 4-101 as follows:
| ||
(775 ILCS 5/4-101) (from Ch. 68, par. 4-101)
| ||
Sec. 4-101. Definitions.
The following definitions are | ||
applicable strictly
in the context of this Article:
| ||
(A) Credit Card. "Credit card" has the meaning set forth in | ||
Section 17-0.5 of the Criminal Code of 2012 1961 .
| ||
(B) Financial Institution. "Financial institution" means | ||
any bank, credit
union, insurance company, mortgage banking | ||
company or savings and loan
association which operates or has a | ||
place of business in this State.
| ||
(C) Loan. "Loan" includes, but is not limited to, the | ||
providing of funds,
for consideration, which are sought for: | ||
(1) the purpose of purchasing,
constructing, improving, | ||
repairing, or maintaining a housing accommodation
as that term | ||
is defined in paragraph (C) of Section 3-101; or (2) any | ||
commercial or
industrial purposes.
| ||
(D) Varying Terms. "Varying the terms of a loan" includes, | ||
but is not
limited to, the following practices:
| ||
(1) Requiring a greater down payment than is usual for | ||
the particular
type of a loan involved.
| ||
(2) Requiring a shorter period of amortization than is |
usual for the
particular type of loan involved.
| ||
(3) Charging a higher interest rate than is usual for | ||
the particular type
of loan involved.
| ||
(4) An under appraisal of real estate or other item of | ||
property offered as security.
| ||
(Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11 .)
| ||
Section 830. The Business Corporation Act of 1983 is | ||
amended by changing Section 8.70 as follows:
| ||
(805 ILCS 5/8.70) (from Ch. 32, par. 8.70)
| ||
Sec. 8.70. Kickbacks, bribes, etc. -Liability of officers | ||
or directors.
Any Corporate director or officer who commits | ||
commercial bribery or commercial bribe
receiving as defined in | ||
Article 29A 29 of the " Criminal Code of 2012 1961" , shall
be | ||
liable to the corporation which he or she serves as officer or | ||
director for
treble damages, based on the aggregate amount | ||
given or received plus attorneys'
fees. A conviction in a | ||
criminal proceeding for a commercial bribery or
commercial | ||
bribe receiving shall be deemed prima facie evidence of the | ||
convicted
director's or officer's liability under this | ||
Section.
| ||
(Source: P.A. 83-1025.)
| ||
Section 835. The Assumed Business Name Act is amended by | ||
changing Section 4 as follows:
|
(805 ILCS 405/4) (from Ch. 96, par. 7)
| ||
Sec. 4.
This Act shall in no way affect or apply to any | ||
corporation,
limited liability company, limited partnership, | ||
or limited liability
partnership duly
organized under the laws | ||
of this State, or any corporation, limited liability
company, | ||
limited partnership, or limited liability partnership
| ||
organized under
the laws of any other State and lawfully doing | ||
business in this State, nor
shall this Act be deemed or | ||
construed to prevent the lawful use of a
partnership name or | ||
designation, provided that such partnership shall
include the | ||
true, real name of such person or persons transacting said
| ||
business or partnership nor shall it be construed as in any way | ||
affecting
subdivision (a)(8) or subsection (c) of Section 17-2 | ||
of the Criminal Code of 2012 1961 .
This Act shall in no way | ||
affect or apply to testamentary or other express
trusts where | ||
the business is carried on in the name of the trust and such
| ||
trust is created by will or other instrument in writing under | ||
which title
to the trust property is vested in a designated | ||
trustee or trustees for the
use and benefit of the cestuis que | ||
trustent.
| ||
(Source: P.A. 96-328, eff. 8-11-09; 96-1551, eff. 7-1-11 .)
| ||
Section 840. The Uniform Commercial Code is amended by | ||
changing Section 3-505A as follows:
|
(810 ILCS 5/3-505A) (from Ch. 26, par. 3-505A)
| ||
Sec. 3-505A.
Provision of credit card number as a condition | ||
of check
cashing or acceptance prohibited.
| ||
(1) No person may record the number of a credit card given | ||
as
identification or given as proof of creditworthiness when | ||
payment for goods
or services is made by check or draft other | ||
than a transaction in which the
check or draft is issued in | ||
payment of the credit card designated by the
credit card | ||
number.
| ||
(2) This Section shall not prohibit a person from | ||
requesting a purchaser
to display a credit card as indication | ||
of creditworthiness and financial
responsibility or as | ||
additional identification, but the only information
concerning | ||
a credit card which may be recorded is the type of credit card
| ||
so displayed and the issuer of the credit card. This Section | ||
shall not
require acceptance of a check or draft whether or not | ||
a credit card is
presented.
| ||
(3) This Section shall not prohibit a person from | ||
requesting or receiving
a credit card number or expiration date | ||
and recording the number or date,
or both, in lieu of a deposit | ||
to secure payment in the event of default,
loss, damage, or | ||
other occurrence.
| ||
(4) This Section shall not prohibit a person from recording | ||
a credit card
number and expiration date as a condition for | ||
cashing or accepting a check
or draft if that person, firm, | ||
partnership or association has agreed with
the card issuer to |
cash or accept checks and share drafts from the issuer's
| ||
cardholders and the issuer guarantees cardholder checks and | ||
drafts cashed
or accepted by that person.
| ||
(5) Recording a credit card number in connection with a | ||
sale of goods or
services in which the purchaser pays by check | ||
or draft, or in connection
with the acceptance of a check or | ||
draft, is a business offense with a fine
not to exceed $500.
| ||
As used in this Section, credit card has the meaning as
| ||
defined in Section 17-0.5 of the Criminal Code of 2012 1961 .
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
Section 845. The Illinois Securities Law of 1953 is amended | ||
by changing Section 7a as follows:
| ||
(815 ILCS 5/7a) (from Ch. 121 1/2, par. 137.7a)
| ||
Sec. 7a.
(a) Except as provided in subsection (b) of this | ||
Section,
no securities, issued by an issuer engaged in or | ||
deriving revenues from the
conduct of any business or | ||
profession, the conduct of which would violate
Section 11-14, | ||
11-14.3, 11-14.4 as described in subdivision (a)(1), (a)(2), or | ||
(a)(3) or that involves soliciting for a juvenile prostitute, | ||
11-15, 11-15.1, 11-16, 11-17, 11-19 or 11-19.1 of the
Criminal | ||
Code of 1961 or the Criminal Code of 2012 , as now or hereafter | ||
amended, if conducted in this
State, shall be sold or | ||
registered pursuant to Section 5, 6 or 7 of this
Act nor sold | ||
pursuant to the provisions of Section 3 or 4 of this Act.
|
(b) Notwithstanding the provisions of subsection (a) | ||
hereof, such
securities issued prior to the effective date of | ||
this amendatory Act of
1989 may be sold by a resident of this | ||
State in transactions which qualify
for an exemption from the | ||
registration requirements of this Act pursuant to
subsection A | ||
of Section 4 of this Act.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
Section 850. The Credit Card Issuance Act is amended by | ||
changing Section 1 as follows:
| ||
(815 ILCS 140/1) (from Ch. 17, par. 6001)
| ||
Sec. 1. As used in this Act: | ||
(a) "Credit card" has the meaning set forth in
Section | ||
17-0.5 of the Criminal Code of 2012 1961 , but does not
include | ||
"debit card" as defined in that Section, which can also be
used | ||
to obtain money, goods, services and anything else of value on
| ||
credit, nor shall it include any negotiable instrument as | ||
defined in the
Uniform Commercial Code, as now or hereafter | ||
amended; | ||
(b) "Merchant credit
card agreement" means a written | ||
agreement between a seller of goods,
services or both, and the | ||
issuer of a credit card to any other party,
pursuant to which | ||
the seller is obligated to accept credit cards; and | ||
(c)
"Credit card transaction" means a purchase and sale of | ||
goods, services or
both, in which a seller, pursuant to a |
merchant credit card agreement, is
obligated to accept a credit | ||
card and does accept the credit card in
connection with such | ||
purchase and sale.
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
Section 855. The Credit Card Liability Act is amended by | ||
changing Section 1 as follows:
| ||
(815 ILCS 145/1) (from Ch. 17, par. 6101)
| ||
Sec. 1. (a) No person in whose name a credit card is issued | ||
without his
having requested or applied for the card or for the | ||
extension of the credit or
establishment of a charge account | ||
which that card evidences is liable to
the issuer of the card | ||
for any purchases made or other amounts owing by a
use of that | ||
card from which he or a member of his family or household
| ||
derive no benefit unless he has indicated his acceptance of the | ||
card by
signing or using the card or by permitting or | ||
authorizing use of the card
by another. A mere failure to | ||
destroy or return an unsolicited card is not
such an | ||
indication. As used in this Act, "credit card" has the meaning
| ||
ascribed to it in Section 17-0.5 of the Criminal Code of 2012 | ||
1961 , except that
it does not include a card issued by any | ||
telephone company that is subject
to supervision or regulation | ||
by the Illinois Commerce Commission or other
public authority.
| ||
(b) When an action is brought by an issuer against the | ||
person named on
the card, the burden of proving the request, |
application, authorization,
permission, use or benefit as set | ||
forth in Section 1 hereof shall be upon
plaintiff if put in | ||
issue by defendant. In the event of judgment for
defendant, the | ||
court shall allow defendant a reasonable attorney's fee, to
be | ||
taxed as costs.
| ||
(Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11 .)
| ||
Section 860. The Interest Act is amended by changing | ||
Section 4.1 as follows:
| ||
(815 ILCS 205/4.1) (from Ch. 17, par. 6405)
| ||
Sec. 4.1. The term "revolving credit" means an arrangement, | ||
including by
means of a credit card as defined in Section | ||
17-0.5 of the Criminal Code of 2012 1961 between a lender and | ||
debtor pursuant to which it is contemplated or
provided that | ||
the lender may from time to time make loans or advances to or
| ||
for the account of the debtor through the means of drafts, | ||
items, orders
for the payment of money, evidences of debt or | ||
similar written instruments,
whether or not negotiable, signed | ||
by the debtor or by any person authorized
or permitted so to do | ||
on behalf of the debtor, which loans or advances are
charged to | ||
an account in respect of which account the lender is to render
| ||
bills or statements to the debtor at regular intervals | ||
(hereinafter
sometimes referred to as the "billing cycle") the | ||
amount of which bills or
statements is payable by and due from | ||
the debtor on a specified date stated
in such bill or statement |
or at the debtor's option, may be payable by the
debtor in | ||
installments. A revolving credit arrangement which grants the
| ||
debtor a line of credit in excess of $5,000 may include | ||
provisions
granting the lender a security interest in real | ||
property or in a
beneficial interest in a land trust to secure | ||
amounts
of credit extended by the lender.
Credit extended or | ||
available under a revolving credit plan operated in
accordance | ||
with the Illinois Financial Services Development Act shall be
| ||
deemed to be "revolving credit" as defined in this Section 4.1 | ||
but shall not
be subject to Sections 4.1a, 4.2 or 4.3 hereof.
| ||
Whenever a lender is granted a security interest in real | ||
property or
in a beneficial interest in a land trust, the | ||
lender shall disclose the
existence of such interest to the | ||
borrower in compliance with the Federal
Truth in Lending Act, | ||
amendments thereto, and any regulations issued or
which may be | ||
issued thereunder, and shall agree to pay all expenses,
| ||
including recording fees and otherwise, to release any such | ||
security interest
of record whenever it no longer secures any | ||
credit under a revolving credit
arrangement. A lender shall not | ||
be granted a security interest in any real
property or in any | ||
beneficial interest in a land trust under a
revolving credit | ||
arrangement, or if any such security interest
exists, such | ||
interest shall be released, if a borrower renders payment of
| ||
the total outstanding balance due under the revolving credit | ||
arrangement
and requests in writing to reduce the line of | ||
credit below that
amount for which a security interest in real |
property or in a beneficial
interest in a land trust may be | ||
required by
a lender. Any request by a borrower to release a | ||
security interest under a
revolving credit arrangement shall be | ||
granted by the lender provided the
borrower renders payment of | ||
the total outstanding balance as required by
this Section | ||
before the security interest of record may be released.
| ||
(Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11 .)
| ||
Section 870. The Consumer Fraud and Deceptive Business | ||
Practices Act is amended by changing Sections 2MM, 2NN, and 2VV | ||
as follows:
| ||
(815 ILCS 505/2MM)
| ||
Sec. 2MM. Verification of accuracy of consumer reporting | ||
information used to
extend consumers credit and security freeze | ||
on credit reports. | ||
(a) A credit card issuer who mails an offer or solicitation | ||
to apply for a
credit card and who receives a completed | ||
application in response to the offer
or
solicitation which | ||
lists an address that is not substantially the same as the
| ||
address on the offer or solicitation may not issue a credit | ||
card based on that
application until reasonable steps have been | ||
taken to verify the applicant's
change of address.
| ||
(b) Any person who uses a consumer credit report in | ||
connection with the
approval of credit based on the application | ||
for an extension of credit, and who
has received notification |
of a police report filed with a consumer reporting
agency that | ||
the applicant has been a victim of financial
identity theft, as | ||
defined in Section 16-30 or 16G-15 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012 , may
not lend money or extend | ||
credit without taking reasonable steps to verify the
consumer's | ||
identity and confirm that the application for an extension of
| ||
credit
is not the result of financial identity theft.
| ||
(c) A consumer may request that a security freeze be placed | ||
on his or her credit report by sending a request in writing by | ||
certified mail to a consumer reporting agency at an address | ||
designated by the consumer reporting agency to receive such | ||
requests. This subsection (c) does not prevent a consumer | ||
reporting agency from advising a third party that a security | ||
freeze is in effect with respect to the consumer's credit | ||
report.
| ||
(d) A consumer reporting agency shall place a security | ||
freeze on a consumer's credit report no later than 5 business | ||
days after receiving a written request from the consumer:
| ||
(1) a written request described in subsection (c); | ||
(2) proper identification; and | ||
(3) payment of a fee, if applicable.
| ||
(e) Upon placing the security freeze on the consumer's | ||
credit report, the consumer reporting agency shall send to the | ||
consumer within 10 business days a written confirmation of the | ||
placement of the security freeze and a unique personal | ||
identification number or password or similar device, other than |
the consumer's Social Security number, to be used by the | ||
consumer when providing authorization for the release of his or | ||
her credit report for a specific party or period of time.
| ||
(f) If the consumer wishes to allow his or her credit | ||
report to be accessed for a specific party or period of time | ||
while a freeze is in place, he or she shall contact the | ||
consumer reporting agency using a point of contact designated | ||
by the consumer reporting agency, request that the freeze be | ||
temporarily lifted, and provide the following:
| ||
(1) Proper identification;
| ||
(2) The unique personal identification number or | ||
password or similar device provided by the consumer | ||
reporting agency;
| ||
(3) The proper information regarding the third party or | ||
time period for which the report shall be available to | ||
users of the credit report; and
| ||
(4) A fee, if applicable.
| ||
(g) A consumer reporting agency shall develop a contact | ||
method to receive and process a request from a consumer to | ||
temporarily lift a freeze on a credit report pursuant to | ||
subsection (f) in an expedited manner.
| ||
A contact method under this subsection shall include:
(i) a | ||
postal address; and (ii) an electronic contact method chosen by | ||
the consumer reporting agency, which may include the use of | ||
telephone, fax, Internet, or other electronic means.
| ||
(h) A consumer reporting agency that receives a request |
from a consumer to temporarily lift a freeze on a credit report | ||
pursuant to subsection (f), shall comply with the request no | ||
later than 3 business days after receiving the request.
| ||
(i) A consumer reporting agency shall remove or temporarily | ||
lift a freeze placed on a consumer's credit report only in the | ||
following cases:
| ||
(1) upon consumer request, pursuant to subsection (f) | ||
or subsection (l) of this Section; or
| ||
(2) if the consumer's credit report was frozen due to a | ||
material misrepresentation of fact by the consumer.
| ||
If a consumer reporting agency intends to remove a freeze | ||
upon a consumer's credit report pursuant to this subsection, | ||
the consumer reporting agency shall notify the consumer in | ||
writing prior to removing the freeze on the consumer's credit | ||
report.
| ||
(j) If a third party requests access to a credit report on | ||
which a security freeze is in effect, and this request is in | ||
connection with an application for credit or any other use, and | ||
the consumer does not allow his or her credit report to be | ||
accessed for that specific party or period of time, the third | ||
party may treat the application as incomplete.
| ||
(k) If a consumer requests a security freeze, the credit | ||
reporting agency shall disclose to the consumer the process of | ||
placing and temporarily lifting a security freeze, and the | ||
process for allowing access to information from the consumer's | ||
credit report for a specific party or period of time while the |
freeze is in place.
| ||
(l) A security freeze shall remain in place until the | ||
consumer requests, using a point of contact designated by the | ||
consumer reporting agency, that the security freeze be removed. | ||
A credit reporting agency shall remove a security freeze within | ||
3 business days of receiving a request for removal from the | ||
consumer, who provides:
| ||
(1) Proper identification;
| ||
(2) The unique personal identification number or | ||
password or similar device provided by the consumer | ||
reporting agency; and
| ||
(3) A fee, if applicable.
| ||
(m) A consumer reporting agency shall require proper | ||
identification of the person making a request to place or | ||
remove a security freeze.
| ||
(n) The provisions of subsections (c) through (m) of this | ||
Section do not apply to the use of a consumer credit report by | ||
any of the following:
| ||
(1) A person or entity, or a subsidiary, affiliate, or | ||
agent of that person or entity, or an assignee of a | ||
financial obligation owing by the consumer to that person | ||
or entity, or a prospective assignee of a financial | ||
obligation owing by the consumer to that person or entity | ||
in conjunction with the proposed purchase of the financial | ||
obligation, with which the consumer has or had prior to | ||
assignment an account or contract, including a demand |
deposit account, or to whom the consumer issued a | ||
negotiable instrument, for the purposes of reviewing the | ||
account or collecting the financial obligation owing for | ||
the account, contract, or negotiable instrument. For | ||
purposes of this subsection, "reviewing the account" | ||
includes activities related to account maintenance, | ||
monitoring, credit line increases, and account upgrades | ||
and enhancements.
| ||
(2) A subsidiary, affiliate, agent, assignee, or | ||
prospective assignee of a person to whom access has been | ||
granted under subsection (f) of this Section for purposes | ||
of facilitating the extension of credit or other | ||
permissible use.
| ||
(3) Any state or local agency, law enforcement agency, | ||
trial court, or private collection agency acting pursuant | ||
to a court order, warrant, or subpoena.
| ||
(4) A child support agency acting pursuant to Title | ||
IV-D of the Social Security Act.
| ||
(5) The State or its agents or assigns acting to | ||
investigate fraud.
| ||
(6) The Department of Revenue or its agents or assigns | ||
acting to investigate or collect delinquent taxes or unpaid | ||
court orders or to fulfill any of its other statutory | ||
responsibilities.
| ||
(7) The use of credit information for the purposes of | ||
prescreening as provided for by the federal Fair Credit |
Reporting Act.
| ||
(8) Any person or entity administering a credit file | ||
monitoring subscription or similar service to which the | ||
consumer has subscribed.
| ||
(9) Any person or entity for the purpose of providing a | ||
consumer with a copy of his or her credit report or score | ||
upon the consumer's request.
| ||
(10) Any person using the information in connection | ||
with the underwriting of insurance.
| ||
(n-5) This Section does not prevent a consumer reporting | ||
agency from charging a fee of no more than $10 to a consumer | ||
for each freeze, removal, or temporary lift of the freeze, | ||
regarding access to a consumer credit report, except that a | ||
consumer reporting agency may not charge a fee to (i) a | ||
consumer 65 years of age or over for placement and removal of a | ||
freeze, or (ii) a victim of identity theft who has submitted to | ||
the consumer reporting agency a valid copy of a police report, | ||
investigative report, or complaint that the consumer has filed | ||
with a law enforcement agency about unlawful use of his or her | ||
personal information by another person.
| ||
(o) If a security freeze is in place, a consumer reporting | ||
agency shall not change any of the following official | ||
information in a credit report without sending a written | ||
confirmation of the change to the consumer within 30 days of | ||
the change being posted to the consumer's file: (i) name, (ii) | ||
date of birth, (iii) Social Security number, and (iv) address. |
Written confirmation is not required for technical | ||
modifications of a consumer's official information, including | ||
name and street abbreviations, complete spellings, or | ||
transposition of numbers or letters. In the case of an address | ||
change, the written confirmation shall be sent to both the new | ||
address and to the former address.
| ||
(p) The following entities are not required to place a | ||
security freeze in a consumer report, however, pursuant to | ||
paragraph (3) of this subsection, a consumer reporting agency | ||
acting as a reseller shall honor any security freeze placed on | ||
a consumer credit report by another consumer reporting agency:
| ||
(1) A check services or fraud prevention services | ||
company, which issues reports on incidents of fraud or | ||
authorizations for the purpose of approving or processing | ||
negotiable instruments, electronic funds transfers, or | ||
similar methods of payment.
| ||
(2) A deposit account information service company, | ||
which issues reports regarding account closures due to | ||
fraud, substantial overdrafts, ATM abuse, or similar | ||
negative information regarding a consumer to inquiring | ||
banks or other financial institutions for use only in | ||
reviewing a consumer request for a deposit account at the | ||
inquiring bank or financial institution.
| ||
(3) A consumer reporting agency that:
| ||
(A) acts only to resell credit information by | ||
assembling and merging information contained in a |
database of one or more consumer reporting agencies; | ||
and
| ||
(B) does not maintain a permanent database of | ||
credit information from which new credit reports are | ||
produced.
| ||
(q) For purposes of this Section: | ||
"Credit report" has the same meaning as "consumer report", | ||
as ascribed to it in 15 U.S.C. Sec. 1681a(d). | ||
"Consumer reporting agency" has the meaning ascribed to it | ||
in 15 U.S.C. Sec. 1681a(f). | ||
"Security freeze" means
a notice placed in a consumer's | ||
credit report, at the request of the consumer and subject to | ||
certain exceptions, that prohibits the consumer reporting | ||
agency from releasing the consumer's credit report or score | ||
relating to an extension of credit, without the express | ||
authorization of the consumer.
| ||
"Extension of credit" does not include
an increase in an | ||
existing open-end credit plan, as defined in Regulation Z of
| ||
the Federal Reserve System (12 C.F.R. 226.2), or any change to | ||
or review of an
existing credit account.
| ||
"Proper identification" means information generally deemed | ||
sufficient to identify a person. Only if the consumer is unable | ||
to reasonably identify himself or herself with the information | ||
described above, may a consumer reporting agency require | ||
additional information concerning the consumer's employment | ||
and personal or family history in order to verify his or her |
identity.
| ||
(r) Any person who violates this Section commits an
| ||
unlawful practice within the meaning of this Act.
| ||
(Source: P.A. 97-597, eff. 1-1-12.)
| ||
(815 ILCS 505/2NN)
| ||
Sec. 2NN. Receipts; credit card and debit card account | ||
numbers.
| ||
(a) Definitions. As used in this Section:
| ||
"Cardholder" has the meaning ascribed to it in Section | ||
17-0.5 of the Criminal Code of 2012 1961 .
| ||
"Credit card" has the meaning ascribed to it in Section | ||
17-0.5 of the Criminal Code of 2012 1961 .
| ||
"Debit card" has the meaning ascribed to it in Section | ||
17-0.5 of the Criminal Code of 2012 1961 .
| ||
"Issuer" has the meaning ascribed to it in Section 17-0.5 | ||
of the Criminal Code of 2012 1961 .
| ||
"Person" has the meaning ascribed to it in Section 17-0.5 | ||
of the Criminal Code of 2012 1961 .
| ||
"Provider" means a person who furnishes money, goods, | ||
services, or anything
else
of value upon presentation, whether | ||
physically, in writing, verbally,
electronically, or | ||
otherwise, of a credit card or debit card by the cardholder,
or | ||
any agent or employee of that person.
| ||
(b) Except as otherwise provided in this Section, no | ||
provider may print or
otherwise produce or reproduce or permit |
the printing or other production or
reproduction of the | ||
following: (i) any part of the credit card or debit card
| ||
account number, other than the last 4 digits or other | ||
characters, (ii) the
credit card or debit card expiration date | ||
on any receipt provided or made
available to the cardholder.
| ||
(c) This Section does not apply to a credit card or debit | ||
card transaction in
which the sole means available to the | ||
provider of recording the credit card or
debit card account | ||
number is by handwriting or by imprint of the card.
| ||
(d) This Section does not apply to receipts issued for | ||
transactions on the
electronic benefits transfer card system in | ||
accordance with 7 CFR 274.12(g)(3).
| ||
(e) A violation of this Section constitutes an unlawful | ||
practice within
the meaning of this Act.
| ||
(f) This Section is operative on January 1, 2005.
| ||
(Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11 .)
| ||
(815 ILCS 505/2VV) | ||
Sec. 2VV. Credit and public utility service; identity | ||
theft. It is an unlawful practice for a person to deny credit | ||
or public utility service to or reduce the credit limit of a | ||
consumer solely because the consumer has been a victim of | ||
identity theft as defined in Section 16-30 or 16G-15 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 , if the | ||
consumer: | ||
(1) has provided a copy of an identity theft report as |
defined under the federal Fair Credit Reporting Act and | ||
implementing regulations evidencing the consumer's claim | ||
of identity theft;
| ||
(2) has provided a properly completed copy of a | ||
standardized affidavit of identity theft developed and | ||
made available by the Federal Trade Commission pursuant to | ||
15 U.S.C. 1681g or an affidavit of fact that is acceptable | ||
to the person for that purpose; | ||
(3) has obtained placement of an extended fraud alert | ||
in his or her file maintained by a nationwide consumer | ||
reporting agency, in accordance with the requirements of | ||
the federal Fair Credit Reporting Act; and | ||
(4) is able to establish his or her identity and | ||
address to the satisfaction of the person providing credit | ||
or utility services.
| ||
(Source: P.A. 97-597, eff. 1-1-12.) | ||
Section 875. The Home Repair Fraud Act is amended by | ||
changing Section 5 as follows:
| ||
(815 ILCS 515/5) (from Ch. 121 1/2, par. 1605)
| ||
Sec. 5. Aggravated Home Repair Fraud. A person commits the | ||
offense
of aggravated home repair fraud when he commits home | ||
repair fraud: | ||
(i) against an elderly
person or a person with a | ||
disability as defined in Section 17-56
of the Criminal Code |
of 2012 1961 ; or | ||
(ii) in connection with a home repair project intended | ||
to assist a disabled person.
| ||
(a) Aggravated violation of paragraphs (1) or (2) of | ||
subsection (a) of
Section 3 of this Act shall be a Class 2 | ||
felony when the amount of
the
contract or agreement is more | ||
than $500, a Class 3
felony when the amount
of the contract or | ||
agreement is $500 or less, and a Class 2
felony for a
second or | ||
subsequent offense when the amount of the contract or agreement
| ||
is $500 or less. If 2 or more contracts or agreements for home
| ||
repair
exceed an aggregate amount of $500 or more and such | ||
contracts or
agreements are entered into with the same victim | ||
by one or more of the
defendants as part of or in furtherance | ||
of a common fraudulent scheme,
design or intention, the | ||
violation shall be a Class 2 felony.
| ||
(b) Aggravated violation of paragraph (3) of subsection (a) | ||
of Section 3
of this Act shall be a Class 2 felony when the | ||
amount of the contract
or
agreement is more than $5,000 and a | ||
Class 3 felony
when the amount of the
contract or agreement is | ||
$5,000 or less.
| ||
(c) Aggravated violation of paragraph (4) of subsection (a) | ||
of
Section 3 of this Act shall be a Class 3 felony when the | ||
amount of
the
contract or agreement is more than $500, a Class | ||
4
felony when the amount
of the contract or agreement is $500 | ||
or less and a Class
3 felony for a
second or subsequent offense | ||
when the amount of the contract or agreement
is $500 or less.
|
(d) Aggravated violation of paragraphs (1) or (2) of | ||
subsection (b) of
Section 3 of this Act shall be a Class 3 | ||
felony.
| ||
(e) If a person commits aggravated home repair fraud, then | ||
any State or
local license or permit held by that person that | ||
relates to the business of
home repair may be appropriately | ||
suspended or revoked by the issuing authority,
commensurate | ||
with the severity of the offense.
| ||
(f) A defense to aggravated home repair fraud does not | ||
exist merely
because
the accused reasonably believed the victim | ||
to be a person less than 60 years
of age.
| ||
(Source: P.A. 96-1026, eff. 7-12-10; 96-1551, eff. 7-1-11 .)
| ||
Section 880. The Music Licensing Fees Act is amended by | ||
changing Section 40 as follows:
| ||
(815 ILCS 637/40)
| ||
Sec. 40. Exceptions. This Act shall not apply to contracts | ||
between
copyright owners or performing rights societies and | ||
broadcasters licensed by
the Federal Communications | ||
Commission, or to contracts with cable operators,
programmers, | ||
or other transmission services. Nor shall this Act apply to
| ||
musical works performed in synchronization with an | ||
audio/visual film or tape,
or to the gathering of information | ||
for determination of compliance with or
activities related to | ||
the enforcement of Sections 16-7 and 16-8 of the Criminal
Code |
of 1961 or the Criminal Code of 2012 .
| ||
(Source: P.A. 89-114, eff. 1-1-96.)
| ||
Section 885. The Victims' Economic Security and Safety Act | ||
is amended by changing Section 10 as follows:
| ||
(820 ILCS 180/10)
| ||
Sec. 10. Definitions. In this Act, except as otherwise | ||
expressly provided:
| ||
(1) "Commerce" includes trade, traffic, commerce,
| ||
transportation, or communication; and "industry or | ||
activity
affecting commerce" means any activity, business, | ||
or industry in
commerce or in which a labor dispute would | ||
hinder or obstruct
commerce or the free flow of commerce, | ||
and includes "commerce" and
any "industry affecting | ||
commerce".
| ||
(2) "Course of conduct" means a course of repeatedly | ||
maintaining
a visual or physical proximity to a person or | ||
conveying oral or
written threats, including threats | ||
conveyed through electronic
communications, or threats | ||
implied by conduct.
| ||
(3) "Department" means the Department of Labor.
| ||
(4) "Director" means the Director of Labor.
| ||
(5) "Domestic or sexual violence" means domestic | ||
violence, sexual
assault, or stalking.
| ||
(6) "Domestic violence" means abuse, as defined in |
Section 103 of the Illinois Domestic Violence Act of 1986, | ||
by a family or household member, as defined in Section 103 | ||
of the Illinois Domestic Violence Act of 1986.
| ||
(7) "Electronic communications" includes | ||
communications via
telephone, mobile phone, computer, | ||
e-mail, video recorder, fax
machine, telex, or pager, or | ||
any other electronic communication, as defined in Section | ||
12-7.5 of the Criminal Code of 2012 1961 .
| ||
(8) "Employ" includes to suffer or permit to work.
| ||
(9) Employee.
| ||
(A) In general. "Employee" means any person | ||
employed by an employer.
| ||
(B) Basis. "Employee" includes a person employed | ||
as described in
subparagraph (A) on a full or part-time | ||
basis,
or as a participant in a work
assignment as a | ||
condition of receipt of federal or State
income-based | ||
public assistance.
| ||
(10) "Employer" means any of the following: (A) the | ||
State or any agency
of the
State; (B) any unit of local | ||
government or school district; or (C) any person
that | ||
employs
at least 15 employees.
| ||
(11) "Employment benefits" means all benefits provided | ||
or made
available to employees by an employer, including | ||
group life
insurance, health insurance, disability | ||
insurance, sick leave,
annual leave, educational benefits, | ||
pensions, and profit-sharing, regardless of
whether such |
benefits are provided by a practice or written
policy of an | ||
employer or through an "employee benefit plan".
"Employee | ||
benefit plan" or "plan" means an employee welfare
benefit | ||
plan or an employee pension benefit plan or a plan which
is | ||
both an employee welfare benefit plan and an employee | ||
pension
benefit plan.
| ||
(12) "Family or household member", for employees with a | ||
family or household member who is a victim of domestic or | ||
sexual violence, means a spouse,
parent, son, daughter, | ||
other person related by blood or by present or prior | ||
marriage, other person who shares a relationship through a | ||
son or daughter, and persons jointly residing
in the same | ||
household.
| ||
(13) "Parent" means the biological parent of an | ||
employee or an
individual who stood in loco parentis to an | ||
employee when the
employee was a son or daughter. "Son or | ||
daughter" means
a biological, adopted, or foster child, a | ||
stepchild, a legal
ward, or a child of a person standing in | ||
loco parentis, who is
under 18 years of age, or is 18 years | ||
of age or older and incapable
of self-care because of a | ||
mental or physical disability.
| ||
(14) "Perpetrator" means an individual who commits or | ||
is alleged
to have committed any act or threat of domestic | ||
or sexual
violence.
| ||
(15) "Person" means an individual, partnership, | ||
association,
corporation, business trust, legal |
representative, or any
organized group of persons.
| ||
(16) "Public agency" means the Government of the State | ||
or
political subdivision thereof; any agency of the State, | ||
or of a
political subdivision of the State; or any | ||
governmental agency.
| ||
(17) "Public assistance" includes cash, food stamps, | ||
medical
assistance, housing assistance, and other benefits | ||
provided on
the basis of income by a public agency or | ||
public employer.
| ||
(18) "Reduced work schedule" means a work schedule that | ||
reduces
the usual number of hours per workweek, or hours | ||
per workday, of
an employee.
| ||
(19) "Repeatedly" means on 2 or more occasions.
| ||
(20) "Sexual assault" means any conduct proscribed by | ||
the
Criminal Code of 1961 or the Criminal Code of 2012 in | ||
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||
12-13, 12-14, 12-14.1,
12-15, and 12-16.
| ||
(21) "Stalking" means any conduct proscribed by the | ||
Criminal
Code of 1961 or the Criminal Code of 2012 in | ||
Sections 12-7.3, 12-7.4, and 12-7.5.
| ||
(22) "Victim" or "survivor" means an individual who has
| ||
been subjected to domestic or sexual violence.
| ||
(23) "Victim services organization" means a nonprofit,
| ||
nongovernmental organization that provides assistance to | ||
victims
of domestic or sexual violence or to advocates for | ||
such victims,
including a rape crisis center, an |
organization carrying out a
domestic violence program, an | ||
organization operating a shelter or
providing counseling | ||
services, or a legal services organization
or other | ||
organization providing assistance through the legal
| ||
process.
| ||
(Source: P.A. 96-635, eff. 8-24-09; 96-1551, eff. 7-1-11 .)
| ||
Section 890. The Workers' Compensation Act is amended by | ||
changing Section 25.5 as follows: | ||
(820 ILCS 305/25.5)
| ||
Sec. 25.5. Unlawful acts; penalties. | ||
(a) It is unlawful for any person, company, corporation, | ||
insurance carrier, healthcare provider, or other entity to: | ||
(1) Intentionally present or cause to be presented any | ||
false or
fraudulent claim for the payment of any workers' | ||
compensation
benefit.
| ||
(2) Intentionally make or cause to be made any false or
| ||
fraudulent material statement or material representation | ||
for the
purpose of obtaining or denying any workers' | ||
compensation
benefit.
| ||
(3) Intentionally make or cause to be made any false or
| ||
fraudulent statements with regard to entitlement to | ||
workers'
compensation benefits with the intent to prevent | ||
an injured
worker from making a legitimate claim for any | ||
workers'
compensation benefits.
|
(4) Intentionally prepare or provide an invalid, | ||
false, or
counterfeit certificate of insurance as proof of | ||
workers'
compensation insurance.
| ||
(5) Intentionally make or cause to be made any false or
| ||
fraudulent material statement or material representation | ||
for the
purpose of obtaining workers' compensation | ||
insurance at less
than the proper rate for that insurance.
| ||
(6) Intentionally make or cause to be made any false or
| ||
fraudulent material statement or material representation | ||
on an
initial or renewal self-insurance application or | ||
accompanying
financial statement for the purpose of | ||
obtaining self-insurance
status or reducing the amount of | ||
security that may be required
to be furnished pursuant to | ||
Section 4 of this Act.
| ||
(7) Intentionally make or cause to be made any false or
| ||
fraudulent material statement to the Department of | ||
Insurance's
fraud and insurance non-compliance unit in the | ||
course of an
investigation of fraud or insurance | ||
non-compliance.
| ||
(8) Intentionally assist, abet, solicit, or conspire | ||
with any
person, company, or other entity to commit any of | ||
the acts in
paragraph (1), (2), (3), (4), (5), (6), or (7) | ||
of this subsection (a).
| ||
(9) Intentionally present a bill or statement for the | ||
payment for medical services that were not provided. | ||
For the purposes of paragraphs (2), (3), (5), (6), (7), and |
(9), the term "statement" includes any writing, notice, proof | ||
of injury, bill for services, hospital or doctor records and | ||
reports, or X-ray and test results.
| ||
(b) Sentences for violations of subsection (a) are as | ||
follows:
| ||
(1) A violation in which the value of the property | ||
obtained or attempted to be obtained is $300 or less is a | ||
Class A misdemeanor. | ||
(2) A violation in which the value of the property | ||
obtained or attempted to be obtained is more than $300 but | ||
not more than $10,000 is a Class 3 felony. | ||
(3) A violation in which the value of the property | ||
obtained or attempted to be obtained is more than $10,000 | ||
but not more than $100,000 is a Class 2 felony. | ||
(4) A violation in which the value of the property | ||
obtained or attempted to be obtained is more than $100,000 | ||
is a Class 1 felony. | ||
(5) A person convicted under this Section shall be | ||
ordered to pay monetary restitution to the insurance | ||
company or self-insured entity or any other person for any | ||
financial loss sustained as a result of a violation of this | ||
Section, including any court costs and attorney fees. An | ||
order of restitution also includes expenses incurred and | ||
paid by the State of Illinois or an insurance company or | ||
self-insured entity in connection with any medical | ||
evaluation or treatment services. |
For the purposes of this Section, where the exact value of | ||
property obtained or attempted to be obtained is either not | ||
alleged or is not specifically set by the terms of a policy of | ||
insurance, the value of the property shall be the fair market | ||
replacement value of the property claimed to be lost, the | ||
reasonable costs of reimbursing a vendor or other claimant for | ||
services to be rendered, or both. Notwithstanding the | ||
foregoing, an insurance company, self-insured entity, or any | ||
other person suffering financial loss sustained as a result of | ||
violation of this Section may seek restitution, including court | ||
costs and attorney's fees in a civil action in a court of | ||
competent jurisdiction. | ||
(c) The Department of Insurance shall establish a fraud and | ||
insurance non-compliance unit responsible for investigating | ||
incidences of fraud and insurance non-compliance pursuant to | ||
this Section. The size of the staff of the unit shall be | ||
subject to appropriation by the General Assembly. It shall be | ||
the duty of the fraud and insurance non-compliance unit to | ||
determine the identity of insurance carriers, employers, | ||
employees, or other persons or entities who have violated the | ||
fraud and insurance non-compliance provisions of this Section. | ||
The fraud and insurance non-compliance unit shall report | ||
violations of the fraud and insurance non-compliance | ||
provisions of this Section to the Special Prosecutions Bureau | ||
of the Criminal Division of the Office of the Attorney General | ||
or to the State's Attorney of the county in which the offense |
allegedly occurred, either of whom has the authority to | ||
prosecute violations under this Section.
| ||
With respect to the subject of any investigation being | ||
conducted, the fraud and insurance non-compliance unit shall | ||
have the general power of subpoena of the Department of | ||
Insurance, including the authority to issue a subpoena to a | ||
medical provider, pursuant to Section 8-802 of the Code of | ||
Civil Procedure.
| ||
(d) Any person may report allegations of insurance | ||
non-compliance and fraud pursuant to this Section to the | ||
Department of Insurance's fraud and insurance non-compliance | ||
unit whose duty it shall be to investigate the report. The unit | ||
shall notify the Commission of reports of insurance | ||
non-compliance. Any person reporting an allegation of | ||
insurance non-compliance or fraud against either an employee or | ||
employer under this Section must identify himself. Except as | ||
provided in this subsection and in subsection (e), all reports | ||
shall remain confidential except to refer an investigation to | ||
the Attorney General or State's Attorney for prosecution or if | ||
the fraud and insurance non-compliance unit's investigation | ||
reveals that the conduct reported may be in violation of other | ||
laws or regulations of the State of Illinois, the unit may | ||
report such conduct to the appropriate governmental agency | ||
charged with administering such laws and regulations. Any | ||
person who intentionally makes a false report under this | ||
Section to the fraud and insurance non-compliance unit is |
guilty of a Class A misdemeanor.
| ||
(e) In order for the fraud and insurance non-compliance | ||
unit to investigate a report of fraud related to an employee's | ||
claim, (i) the employee must have filed with the Commission an | ||
Application for Adjustment of Claim and the employee must have | ||
either received or attempted to receive benefits under this Act | ||
that are related to the reported fraud or (ii) the employee | ||
must have made a written demand for the payment of benefits | ||
that are related to the reported fraud. There shall be no | ||
immunity, under this Act or otherwise, for any person who files | ||
a false report or who files a report without good and just | ||
cause. Confidentiality of medical information shall be | ||
strictly maintained. Investigations that are not referred for | ||
prosecution shall be destroyed upon the expiration of the | ||
statute of limitations for the acts under investigation and | ||
shall not be disclosed except that the person making the report | ||
shall be notified that the investigation is being closed. It is | ||
unlawful for any employer, insurance carrier, service | ||
adjustment company, third party administrator, self-insured, | ||
or similar entity to file or threaten to file a report of fraud | ||
against an employee because of the exercise by the employee of | ||
the rights and remedies granted to the employee by this Act.
| ||
(e-5) The fraud and insurance non-compliance unit shall | ||
procure and implement a system utilizing advanced analytics | ||
inclusive of predictive modeling, data mining, social network | ||
analysis, and scoring algorithms for the detection and |
prevention of fraud, waste, and abuse on or before January 1, | ||
2012. The fraud and insurance non-compliance unit shall procure | ||
this system using a request for proposals process governed by | ||
the Illinois Procurement Code and rules adopted under that | ||
Code. The fraud and insurance non-compliance unit shall provide | ||
a report to the President of the Senate, Speaker of the House | ||
of Representatives, Minority Leader of the House of | ||
Representatives, Minority Leader of the Senate, Governor, | ||
Chairman of the Commission, and Director of Insurance on or | ||
before July 1, 2012 and annually thereafter detailing its | ||
activities and providing recommendations regarding | ||
opportunities for additional fraud waste and abuse detection | ||
and prevention. | ||
(f) Any person convicted of fraud related to workers' | ||
compensation pursuant to this Section shall be subject to the | ||
penalties prescribed in the Criminal Code of 2012 1961 and | ||
shall be ineligible to receive or retain any compensation, | ||
disability, or medical benefits as defined in this Act if the | ||
compensation, disability, or medical benefits were owed or | ||
received as a result of fraud for which the recipient of the | ||
compensation, disability, or medical benefit was convicted. | ||
This subsection applies to accidental injuries or diseases that | ||
occur on or after the effective date of this amendatory Act of | ||
the 94th General Assembly.
| ||
(g) Civil liability. Any person convicted of fraud who | ||
knowingly obtains, attempts to obtain, or causes to be obtained |
any benefits under this Act by the making of a false claim or | ||
who knowingly misrepresents any material fact shall be civilly | ||
liable to the payor of benefits or the insurer or the payor's | ||
or insurer's subrogee or assignee in an amount equal to 3 times | ||
the value of the benefits or insurance coverage wrongfully | ||
obtained or twice the value of the benefits or insurance | ||
coverage attempted to be obtained, plus reasonable attorney's | ||
fees and expenses incurred by the payor or the payor's subrogee | ||
or assignee who successfully brings a claim under this | ||
subsection. This subsection applies to accidental injuries or | ||
diseases that occur on or after the effective date of this | ||
amendatory Act of the 94th General Assembly.
| ||
(h) The fraud and insurance non-compliance unit shall | ||
submit a written report on an annual basis to the Chairman of | ||
the Commission, the Workers' Compensation Advisory Board, the | ||
General Assembly, the Governor, and the Attorney General by | ||
January 1 and July 1 of each year. This report shall include, | ||
at the minimum, the following information: | ||
(1) The number of allegations of insurance | ||
non-compliance and fraud reported to the fraud and | ||
insurance non-compliance unit. | ||
(2) The source of the reported allegations | ||
(individual, employer, or other). | ||
(3) The number of allegations investigated by the fraud | ||
and insurance non-compliance unit. | ||
(4) The number of criminal referrals made in accordance |
with this Section and the entity to which the referral was | ||
made. | ||
(5) All proceedings under this Section.
| ||
(Source: P.A. 97-18, eff. 6-28-11.) | ||
Section 895. The Unemployment Insurance Act is amended by | ||
changing Section 1900 as follows:
| ||
(820 ILCS 405/1900) (from Ch. 48, par. 640)
| ||
Sec. 1900. Disclosure of information.
| ||
A. Except as provided in this Section, information obtained | ||
from any
individual or employing unit during the administration | ||
of this Act shall:
| ||
1. be confidential,
| ||
2. not be published or open to public inspection,
| ||
3. not be used in any court in any pending action or | ||
proceeding,
| ||
4. not be admissible in evidence in any action or | ||
proceeding other than
one arising out of this Act.
| ||
B. No finding, determination, decision, ruling or order | ||
(including
any finding of fact, statement or conclusion made | ||
therein) issued pursuant
to this Act shall be admissible or | ||
used in evidence in any action other than
one arising out of | ||
this Act, nor shall it be binding or conclusive except
as | ||
provided in this Act, nor shall it constitute res judicata, | ||
regardless
of whether the actions were between the same or |
related parties or involved
the same facts.
| ||
C. Any officer or employee of this State, any officer or | ||
employee of any
entity authorized to obtain information | ||
pursuant to this Section, and any
agent of this State or of | ||
such entity
who, except with authority of
the Director under | ||
this Section, shall disclose information shall be guilty
of a | ||
Class B misdemeanor and shall be disqualified from holding any
| ||
appointment or employment by the State.
| ||
D. An individual or his duly authorized agent may be | ||
supplied with
information from records only to the extent | ||
necessary for the proper
presentation of his claim for benefits | ||
or with his existing or prospective
rights to benefits. | ||
Discretion to disclose this information belongs
solely to the | ||
Director and is not subject to a release or waiver by the
| ||
individual.
Notwithstanding any other provision to the | ||
contrary, an individual or his or
her duly authorized agent may | ||
be supplied with a statement of the amount of
benefits paid to | ||
the individual during the 18 months preceding the date of his
| ||
or her request.
| ||
E. An employing unit may be furnished with information, | ||
only if deemed by
the Director as necessary to enable it to | ||
fully discharge its obligations or
safeguard its rights under | ||
the Act. Discretion to disclose this information
belongs solely | ||
to the Director and is not subject to a release or waiver by | ||
the
employing unit.
| ||
F. The Director may furnish any information that he may |
deem proper to
any public officer or public agency of this or | ||
any other State or of the
federal government dealing with:
| ||
1. the administration of relief,
| ||
2. public assistance,
| ||
3. unemployment compensation,
| ||
4. a system of public employment offices,
| ||
5. wages and hours of employment, or
| ||
6. a public works program.
| ||
The Director may make available to the Illinois Workers' | ||
Compensation Commission
information regarding employers for | ||
the purpose of verifying the insurance
coverage required under | ||
the Workers' Compensation Act and Workers'
Occupational | ||
Diseases Act.
| ||
G. The Director may disclose information submitted by the | ||
State or any
of its political subdivisions, municipal | ||
corporations, instrumentalities,
or school or community | ||
college districts, except for information which
specifically | ||
identifies an individual claimant.
| ||
H. The Director shall disclose only that information | ||
required to be
disclosed under Section 303 of the Social | ||
Security Act, as amended, including:
| ||
1. any information required to be given the United | ||
States Department of
Labor under Section 303(a)(6); and
| ||
2. the making available upon request to any agency of | ||
the United States
charged with the administration of public | ||
works or assistance through
public employment, the name, |
address, ordinary occupation and employment
status of each | ||
recipient of unemployment compensation, and a statement of
| ||
such recipient's right to further compensation under such | ||
law as required
by Section 303(a)(7); and
| ||
3. records to make available to the Railroad Retirement | ||
Board as
required by Section 303(c)(1); and
| ||
4. information that will assure reasonable cooperation | ||
with every agency
of the United States charged with the | ||
administration of any unemployment
compensation law as | ||
required by Section 303(c)(2); and
| ||
5. information upon request and on a reimbursable basis | ||
to the United
States Department of Agriculture and to any | ||
State food stamp agency
concerning any information | ||
required to be furnished by Section 303(d); and
| ||
6. any wage information upon request and on a | ||
reimbursable basis
to any State or local child support | ||
enforcement agency required by
Section 303(e); and
| ||
7. any information required under the income | ||
eligibility and
verification system as required by Section | ||
303(f); and
| ||
8. information that might be useful in locating an | ||
absent parent or that
parent's employer, establishing | ||
paternity or establishing, modifying, or
enforcing child | ||
support orders
for the purpose of a child support | ||
enforcement program
under Title IV of the Social Security | ||
Act upon the request of
and on a reimbursable basis to
the |
public
agency administering the Federal Parent Locator | ||
Service as required by
Section 303(h); and
| ||
9. information, upon request, to representatives of | ||
any federal, State
or local governmental public housing | ||
agency with respect to individuals who
have signed the | ||
appropriate consent form approved by the Secretary of | ||
Housing
and Urban Development and who are applying for or | ||
participating in any housing
assistance program | ||
administered by the United States Department of Housing and
| ||
Urban Development as required by Section 303(i).
| ||
I. The Director, upon the request of a public agency of | ||
Illinois, of the
federal government or of any other state | ||
charged with the investigation or
enforcement of Section 10-5 | ||
of the Criminal Code of 2012 1961 (or a similar
federal law or | ||
similar law of another State), may furnish the public agency
| ||
information regarding the individual specified in the request | ||
as to:
| ||
1. the current or most recent home address of the | ||
individual, and
| ||
2. the names and addresses of the individual's | ||
employers.
| ||
J. Nothing in this Section shall be deemed to interfere | ||
with the
disclosure of certain records as provided for in | ||
Section 1706 or with the
right to make available to the | ||
Internal Revenue Service of the United
States Department of the | ||
Treasury, or the Department of Revenue of the
State of |
Illinois, information obtained under this Act.
| ||
K. The Department shall make available to the Illinois | ||
Student Assistance
Commission, upon request, information in | ||
the possession of the Department that
may be necessary or | ||
useful to the
Commission in the collection of defaulted or | ||
delinquent student loans which
the Commission administers.
| ||
L. The Department shall make available to the State | ||
Employees'
Retirement System, the State Universities | ||
Retirement System, the
Teachers' Retirement System of the State | ||
of Illinois, and the Department of Central Management Services, | ||
Risk Management Division, upon request,
information in the | ||
possession of the Department that may be necessary or useful
to | ||
the System or the Risk Management Division for the purpose of | ||
determining whether any recipient of a
disability benefit from | ||
the System or a workers' compensation benefit from the Risk | ||
Management Division is gainfully employed.
| ||
M. This Section shall be applicable to the information | ||
obtained in the
administration of the State employment service, | ||
except that the Director
may publish or release general labor | ||
market information and may furnish
information that he may deem | ||
proper to an individual, public officer or
public agency of | ||
this or any other State or the federal government (in
addition | ||
to those public officers or public agencies specified in this
| ||
Section) as he prescribes by Rule.
| ||
N. The Director may require such safeguards as he deems | ||
proper to insure
that information disclosed pursuant to this |
Section is used only for the
purposes set forth in this | ||
Section.
| ||
O. Nothing in this Section prohibits communication with an | ||
individual or entity through unencrypted e-mail or other | ||
unencrypted electronic means as long as the communication does | ||
not contain the individual's or entity's name in combination | ||
with any one or more of the individual's or entity's social | ||
security number; driver's license or State identification | ||
number; account number or credit or debit card number; or any | ||
required security code, access code, or password that would | ||
permit access to further information pertaining to the | ||
individual or entity.
| ||
P. Within 30 days after the effective date of this | ||
amendatory Act of 1993
and annually thereafter, the Department | ||
shall provide to the Department of
Financial Institutions a | ||
list of individuals or entities that, for the most
recently | ||
completed calendar year, report to the Department as paying | ||
wages to
workers. The lists shall be deemed confidential and | ||
may not be disclosed to
any other person.
| ||
Q. The Director shall make available to an elected federal
| ||
official the name and address of an individual or entity that | ||
is located within
the jurisdiction from which the official was | ||
elected and that, for the most
recently completed calendar | ||
year, has reported to the Department as paying
wages to | ||
workers, where the information will be used in connection with | ||
the
official duties of the official and the official requests |
the information in
writing, specifying the purposes for which | ||
it will be used.
For purposes of this subsection, the use of | ||
information in connection with the
official duties of an | ||
official does not include use of the information in
connection | ||
with the solicitation of contributions or expenditures, in | ||
money or
in kind, to or on behalf of a candidate for public or | ||
political office or a
political party or with respect to a | ||
public question, as defined in Section 1-3
of the Election | ||
Code, or in connection with any commercial solicitation. Any
| ||
elected federal official who, in submitting a request for | ||
information
covered by this subsection, knowingly makes a false | ||
statement or fails to
disclose a material fact, with the intent | ||
to obtain the information for a
purpose not authorized by this | ||
subsection, shall be guilty of a Class B
misdemeanor.
| ||
R. The Director may provide to any State or local child | ||
support
agency, upon request and on a reimbursable basis, | ||
information that might be
useful in locating an absent parent | ||
or that parent's employer, establishing
paternity, or | ||
establishing, modifying, or enforcing child support orders.
| ||
S. The Department shall make available to a State's | ||
Attorney of this
State or a State's Attorney's investigator,
| ||
upon request, the current address or, if the current address is
| ||
unavailable, current employer information, if available, of a | ||
victim of
a felony or a
witness to a felony or a person against | ||
whom an arrest warrant is
outstanding.
| ||
T. The Director shall make available to the Department of |
State Police, a county sheriff's office, or a municipal police | ||
department, upon request, any information concerning the | ||
current address and place of employment or former places of | ||
employment of a person who is required to register as a sex | ||
offender under the Sex Offender Registration Act that may be | ||
useful in enforcing the registration provisions of that Act.
| ||
U. The Director shall make information available to the | ||
Department of Healthcare and Family Services and the Department | ||
of Human Services for the purpose of determining eligibility | ||
for public benefit programs authorized under the Illinois | ||
Public Aid Code and related statutes administered by those | ||
departments, for verifying sources and amounts of income, and | ||
for other purposes directly connected with the administration | ||
of those programs. | ||
(Source: P.A. 96-420, eff. 8-13-09; 97-621, eff. 11-18-11; | ||
97-689, eff. 6-14-12.)
| ||
Section 990. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other | ||
Public Act.
| ||
Section 999. Effective date. This Act takes effect January | ||
1, 2013.
|