Public Act 093-0301
Public Act 93-0301 of the 93rd General Assembly
Public Act 93-0301
HB0087 Enrolled LRB093 02293 DRJ 02708 b
AN ACT in relation to elderly persons and persons with
disabilities.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Elder Abuse and Neglect Act is amended by
changing Sections 3.5, 4, and 7 as follows:
(320 ILCS 20/3.5)
Sec. 3.5. Other Responsibilities. The Department shall
also be responsible for the following activities, contingent
upon adequate funding:
(a) promotion of a wide range of endeavors for the
purpose of preventing elder abuse, neglect, and financial
exploitation in both domestic and institutional settings,
including, but not limited to, promotion of public and
professional education to increase awareness of elder abuse,
neglect, and financial exploitation, to increase reports, and
to improve response by various legal, financial, social, and
health systems;
(b) coordination of efforts with other agencies,
councils, and like entities, to include but not be limited
to, the Office of the Attorney General, the State Police, the
Illinois Law Enforcement Training Standards Board, the State
Triad, the Illinois Criminal Justice Information Authority,
the Departments of Public Health, Public Aid, and Human
Services, the Family Violence Coordinating Council, the
Illinois Violence Prevention Authority, and other entities
which may impact awareness of, and response to, elder abuse,
neglect, and financial exploitation;
(c) collection and analysis of data;
(d) monitoring of the performance of regional
administrative agencies and elder abuse provider agencies;
and
(e) promotion of prevention activities;.
(f) establishing and coordinating a training program on
the unique nature of elder abuse cases with other agencies,
councils, and like entities, to include but not be limited to
the Office of the Attorney General, the State Police, the
Illinois Law Enforcement Training Standards Board, the State
Triad, the Illinois Criminal Justice Information Authority,
the State departments of Public Health, Public Aid, and Human
Services, the Family Violence Coordinating Council, the
Illinois Violence Prevention Authority, and other entities
that may impact awareness of, and response to elder abuse,
neglect, and financial exploitation;
(g) solicitation of financial institutions for the
purpose of making information available to the general public
warning of financial exploitation of the elderly and related
financial fraud or abuse, including such information and
warnings available through signage or other written materials
provided by the Department on the premises of such financial
institutions, provided that the manner of displaying or
distributing such information is subject to the sole
discretion of each financial institution; and
(h) coordinating efforts with utility and electric
companies to send notices in utility bills to explain to
persons 60 years of age or older their rights regarding
telemarketing and home repair fraud.
(Source: P.A. 92-16, eff. 6-28-01.)
(320 ILCS 20/4) (from Ch. 23, par. 6604)
Sec. 4. Reports of abuse or neglect.
(a) Any person who suspects the abuse, neglect, or
financial exploitation of an eligible adult may report this
suspicion to an agency designated to receive such reports
under this Act or to the Department.
(a-5) If any mandated reporter has reason to believe
that an eligible adult, who because of dysfunction is unable
to seek assistance for himself or herself, has, within the
previous 12 months, been subjected to abuse, neglect, or
financial exploitation, the mandated reporter shall, within
24 hours after developing such belief, report this suspicion
to an agency designated to receive such reports under this
Act or to the Department. Whenever a mandated reporter is
required to report under this Act in his or her capacity as a
member of the staff of a medical or other public or private
institution, facility, board and care home, or agency, he or
she shall make a report to an agency designated to receive
such reports under this Act or to the Department in
accordance with the provisions of this Act and may also
notify the person in charge of the institution, facility,
board and care home, or agency or his or her designated agent
that the report has been made. Under no circumstances shall
any person in charge of such institution, facility, board and
care home, or agency, or his or her designated agent to whom
the notification has been made, exercise any control,
restraint, modification, or other change in the report or the
forwarding of the report to an agency designated to receive
such reports under this Act or to the Department. The
privileged quality of communication between any professional
person required to report and his or her patient or client
shall not apply to situations involving abused, neglected, or
financially exploited eligible adults and shall not
constitute grounds for failure to report as required by this
Act.
(a-7) A person making a report under this Act in the
belief that it is in the alleged victim's best interest shall
be immune from criminal or civil liability or professional
disciplinary action on account of making the report,
notwithstanding any requirements concerning the
confidentiality of information with respect to such eligible
adult which might otherwise be applicable.
(a-9) Law enforcement officers shall continue to report
incidents of alleged abuse pursuant to the Illinois Domestic
Violence Act of 1986, notwithstanding any requirements under
this Act.
(b) Any person, institution or agency participating in
the making of a report, providing information or records
related to a report, assessment, or services, or
participating in the investigation of a report under this Act
in good faith, or taking photographs or x-rays as a result of
an authorized assessment, shall have immunity from any civil,
criminal or other liability in any civil, criminal or other
proceeding brought in consequence of making such report or
assessment or on account of submitting or otherwise
disclosing such photographs or x-rays to any agency
designated to receive reports of alleged or suspected abuse
or neglect. Any person, institution or agency authorized by
the Department to provide assessment, intervention, or
administrative services under this Act shall, in the good
faith performance of those services, have immunity from any
civil, criminal or other liability in any civil, criminal, or
other proceeding brought as a consequence of the performance
of those services. For the purposes of any civil, criminal,
or other proceeding, the good faith of any person required to
report, permitted to report, or participating in an
investigation of a report of alleged or suspected abuse,
neglect, or financial exploitation shall be presumed.
(c) The identity of a person making a report of alleged
or suspected abuse or neglect under this Act may be disclosed
by the Department or other agency provided for in this Act
only with such person's written consent or by court order.
(d) The Department shall by rule establish a system for
filing and compiling reports made under this Act.
(e) Any physician who willfully fails to report as
required by this Act shall be referred to the Illinois State
Medical Disciplinary Board for action in accordance with
subdivision (A)(22) of Section 22 of the Medical Practice Act
of 1987. Any dentist or dental hygienist who willfully fails
to report as required by this Act shall be referred to the
Department of Professional Regulation for action in
accordance with paragraph 19 of Section 23 of the Illinois
Dental Practice Act. Any other mandated reporter required by
this Act to report suspected abuse, neglect, or financial
exploitation who willfully fails to report the same is guilty
of a Class A misdemeanor.
(Source: P.A. 90-628, eff. 1-1-99.)
(320 ILCS 20/7) (from Ch. 23, par. 6607)
Sec. 7. Review. All services provided to an eligible
adult shall be reviewed by the provider agency on at least a
quarterly basis for up to one year to determine whether the
service care plan should be continued or modified, except
that, upon review, the Department may grant a waiver to
extend the service care plan for up to one additional year.
(Source: P.A. 90-628, eff. 1-1-99.)
Section 10. The Criminal Code of 1961 is amended by
changing Sections 12-19, 12-21, and 16-1.3 as follows:
(720 ILCS 5/12-19) (from Ch. 38, par. 12-19)
Sec. 12-19. Abuse and Criminal Gross Neglect of a Long
Term Care Facility Resident.
(a) Any person or any owner or licensee of a long term
care facility who abuses a long term care facility resident
is guilty of a Class 3 felony. Any person or any owner or
licensee of a long term care facility who criminally grossly
neglects a long term care facility resident is guilty of a
Class 4 felony. A person whose criminal neglect of a long
term care facility resident results in the resident's death
is guilty of a Class 3 felony. However, nothing herein shall
be deemed to apply to a physician licensed to practice
medicine in all its branches or a duly licensed nurse
providing care within the scope of his or her professional
judgment and within the accepted standards of care within the
community.
(b) Notwithstanding the penalties in subsections (a) and
(c) and in addition thereto, if a licensee or owner of a long
term care facility or his or her employee has caused neglect
of a resident, the licensee or owner is guilty of a petty
offense. An owner or licensee is guilty under this
subsection (b) only if the owner or licensee failed to
exercise reasonable care in the hiring, training, supervising
or providing of staff or other related routine administrative
responsibilities.
(c) Notwithstanding the penalties in subsections (a) and
(b) and in addition thereto, if a licensee or owner of a long
term care facility or his or her employee has caused gross
neglect of a resident, the licensee or owner is guilty of a
business offense for which a fine of not more than $10,000
may be imposed. An owner or licensee is guilty under this
subsection (c) only if the owner or licensee failed to
exercise reasonable care in the hiring, training, supervising
or providing of staff or other related routine administrative
responsibilities.
(d) For the purpose of this Section:
(1) "Abuse" means intentionally or knowingly
causing any physical or mental injury or committing any
sexual offense set forth in this Code.
(2) "Criminal neglect" means an act whereby a
person recklessly (i) performs acts that cause an elderly
person's or person with a disability's life to be
endangered, health to be injured, or pre-existing
physical or mental condition to deteriorate, or (ii)
fails to perform acts that he or she knows or reasonably
should know are necessary to maintain or preserve the
life or health of an elderly person or person with a
disability, and that failure causes the elderly person's
or person with a disability's life to be endangered,
health to be injured, or pre-existing physical or mental
condition to deteriorate, or (iii) abandons an elderly
person or person with a disability. "Gross neglect" means
recklessly failing to provide adequate medical or
personal care or maintenance, which failure results in
physical or mental injury or the deterioration of a
physical or mental condition.
(3) "Neglect" means negligently failing to provide
adequate medical or personal care or maintenance, which
failure results in physical or mental injury or the
deterioration of a physical or mental condition.
(4) "Resident" means a person residing in a long
term care facility.
(5) "Owner" means the person who owns a long term
care facility as provided under the Nursing Home Care Act
or an assisted living or shared housing establishment
under the Assisted Living and Shared Housing Act.
(6) "Licensee" means the individual or entity
licensed to operate a facility under the Nursing Home
Care Act or the Assisted Living and Shared Housing Act.
(7) "Facility" or "long term care facility" means a
private home, institution, building, residence, or any
other place, whether operated for profit or not, or a
county home for the infirm and chronically ill operated
pursuant to Division 5-21 or 5-22 of the Counties Code,
or any similar institution operated by the State of
Illinois or a political subdivision thereof, which
provides, through its ownership or management, personal
care, sheltered care or nursing for 3 or more persons not
related to the owner by blood or marriage. The term also
includes skilled nursing facilities and intermediate care
facilities as defined in Title XVIII and Title XIX of the
federal Social Security Act and assisted living
establishments and shared housing establishments licensed
under the Assisted Living and Shared Housing Act.
(e) Nothing contained in this Section shall be deemed to
apply to the medical supervision, regulation or control of
the remedial care or treatment of residents in a facility
conducted for those who rely upon treatment by prayer or
spiritual means in accordance with the creed or tenets of any
well recognized church or religious denomination and which is
licensed in accordance with Section 3-803 of the Nursing Home
Care Act.
(Source: P.A. 91-656, eff. 1-1-01.)
(720 ILCS 5/12-21) (from Ch. 38, par. 12-21)
Sec. 12-21. Criminal abuse or neglect of an elderly
person or disabled person with a disability.
(a) A person commits the offense of criminal abuse or
neglect of an elderly person or disabled person with a
disability when he or she is a caregiver and he or she
knowingly:
(1) performs acts that cause the elderly person or
person with a disability's disabled person's life to be
endangered, health to be injured, or pre-existing
physical or mental condition to deteriorate; or
(2) fails to perform acts that he or she knows or
reasonably should know are necessary to maintain or
preserve the life or health of the elderly person or
disabled person with a disability and such failure causes
the elderly person or person with a disability's disabled
person's life to be endangered, health to be injured or
pre-existing physical or mental condition to deteriorate;
or
(3) abandons the elderly person or disabled person
with a disability; or
(4) physically abuses, harasses, intimidates, or
interferes with the personal liberty of the elderly
person or disabled person with a disability or exposes
the elderly person or disabled person with a disability
to willful deprivation.
Criminal abuse or neglect of an elderly person or
disabled person with a disability is a Class 3 felony.
Criminal neglect of an elderly person or person with a
disability is a Class 2 felony if the criminal neglect
results in the death of the person neglected for which the
defendant, if sentenced to a term of imprisonment, shall be
sentenced to a term of not less than 3 years and not more
than 14 years.
(b) For purposes of this Section:
(1) "Elderly person" means a person 60 years of age
or older who is suffering from a disease or infirmity
associated with advanced age and manifested by physical,
mental or emotional dysfunctioning to the extent that
such person is incapable of adequately providing for his
own health and personal care.
(2) "Disabled Person with a disability" means a
person who suffers from a permanent physical or mental
impairment, resulting from disease, injury, functional
disorder or congenital condition which renders such
person incapable of adequately providing for his own
health and personal care.
(3) "Caregiver" means a person who has a duty to
provide for an elderly person or person with a
disability's disabled person's health and personal care,
at such person's place of residence, including but not
limited to, food and nutrition, shelter, hygiene,
prescribed medication and medical care and treatment.
"Caregiver" shall include:
(A) a parent, spouse, adult child or other
relative by blood or marriage who resides with or
resides in the same building with or and regularly
visits the elderly person or disabled person with a
disability, knows or reasonably should know of such
person's physical or mental impairment and knows or
reasonably should know that such person is unable to
adequately provide for his own health and personal
care;
(B) a person who is employed by the elderly
person or disabled person with a disability or by
another to reside with or regularly visit the
elderly person or disabled person with a disability
and provide for such person's health and personal
care;
(C) a person who has agreed for consideration
to reside with or regularly visit the elderly person
or disabled person with a disability and provide
for such person's health and personal care; and
(D) a person who has been appointed by a
private or public agency or by a court of competent
jurisdiction to provide for the elderly person or
person with a disability's disabled person's health
and personal care.
"Caregiver" shall not include a long-term care
facility licensed or certified under the Nursing Home
Care Act or any administrative, medical or other
personnel of such a facility, or a health care provider
who is licensed under the Medical Practice Act of 1987
and renders care in the ordinary course of his
profession.
(4) "Abandon" means to desert or knowingly forsake
an elderly person or disabled person with a disability
under circumstances in which a reasonable person would
continue to provide care and custody.
(5) "Willful deprivation" has the meaning ascribed
to it in paragraph (15) of Section 103 of the Illinois
Domestic Violence Act of 1986.
(c) Nothing in this Section shall be construed to limit
the remedies available to the victim under the Illinois
Domestic Violence Act.
(d) Nothing in this Section shall be construed to impose
criminal liability on a person who has made a good faith
effort to provide for the health and personal care of an
elderly person or disabled person with a disability, but
through no fault of his own has been unable to provide such
care.
(e) Nothing in this Section shall be construed as
prohibiting a person from providing treatment by spiritual
means through prayer alone and care consistent therewith in
lieu of medical care and treatment in accordance with the
tenets and practices of any church or religious denomination
of which the elderly person or disabled person with a
disability is a member.
(f) It is not a defense to criminal abuse or neglect of
an elderly person or disabled person with a disability that
the accused reasonably believed that the victim was not an
elderly person or disabled person with a disability.
(Source: P.A. 92-328, eff. 1-1-02.)
(720 ILCS 5/16-1.3) (from Ch. 38, par. 16-1.3)
Sec. 16-1.3. Financial exploitation of an elderly person
or a person with a disability.
(a) A person commits the offense of financial
exploitation of an elderly person or a person with a
disability when he or she stands in a position of trust or
confidence with the elderly person or a person with a
disability and he or she knowingly and by deception or
intimidation obtains control over the property of an elderly
person or a person with a disability or illegally uses the
assets or resources of an elderly person or a person with a
disability. The illegal use of the assets or resources of an
elderly person or a person with a disability includes, but is
not limited to, the misappropriation of those assets or
resources by undue influence, breach of a fiduciary
relationship, fraud, deception, extortion, or use of the
assets or resources contrary to law with the intent to
permanently deprive the elderly person or the person with a
disability of the use, benefit, or possession of his or her
property.
Financial exploitation of an elderly person or a person
with a disability is a Class 4 felony if the value of the
property is $300 or less, a Class 3 felony if the value of
the property is more than $300 but less than $5,000, a Class
2 felony if the value of the property is $5,000 or more but
less than $100,000 and a Class 1 felony if the value of the
property is $100,000 or more or if the elderly person is over
70 years of age and the value of the property is $15,000 or
more or if the elderly person is 80 years of age or older and
the value of the property is $5,000 or more.
(b) For purposes of this Section:
(1) "Elderly person" means a person 60 years of age
or older who is suffering from a disease or infirmity
that impairs the individual's mental or physical ability
to independently manage his or her property or financial
resources, or both.
(2) "Person with a disability" means a person who
suffers from a permanent physical or mental impairment
resulting from disease, injury, functional disorder or
congenital condition that impairs the individual's mental
or physical ability to independently manage his or her
property or financial resources, or both.
(3) "Intimidation" means the communication to an
elderly person or a person with a disability that he or
she shall be deprived of food and nutrition, shelter,
prescribed medication or medical care and treatment.
(4) "Deception" means, in addition to its meaning
as defined in Section 15-4 of this Code, a
misrepresentation or concealment of material fact
relating to the terms of a contract or agreement entered
into with the elderly person or person with a disability
or to the existing or pre-existing condition of any of
the property involved in such contract or agreement; or
the use or employment of any misrepresentation, false
pretense or false promise in order to induce, encourage
or solicit the elderly person or person with a disability
to enter into a contract or agreement.
(c) For purposes of this Section, a person stands in a
position of trust and confidence with an elderly person or
person with a disability when he (1) is a parent, spouse,
adult child or other relative by blood or marriage of the
elderly person or person with a disability, (2) is a joint
tenant or tenant in common with the elderly person or person
with a disability, (3) has a legal or fiduciary relationship
with the elderly person or person with a disability, or (4)
is a financial planning or investment professional.
(d) Nothing in this Section shall be construed to limit
the remedies available to the victim under the Illinois
Domestic Violence Act of 1986.
(e) Nothing in this Section shall be construed to impose
criminal liability on a person who has made a good faith
effort to assist the elderly person or person with a
disability in the management of his or her property, but
through no fault of his or her own has been unable to provide
such assistance.
(f) It shall not be a defense to financial exploitation
of an elderly person or person with a disability that the
accused reasonably believed that the victim was not an
elderly person or person with a disability.
(g) Civil Liability. A person who is charged by
information or indictment with the offense of financial
exploitation of an elderly person or person with a disability
and who fails or refuses to return the victim's property
within 60 days following a written demand from the victim or
the victim's legal representative shall be liable to the
victim or to the estate of the victim in damages of treble
the amount of the value of the property obtained, plus
reasonable attorney fees and court costs. The burden of
proof that the defendant unlawfully obtained the victim's
property shall be by a preponderance of the evidence. This
subsection shall be operative whether or not the defendant
has been convicted of the offense.
(Source: P.A. 91-236, eff. 7-22-99; 92-808, eff. 8-21-02.)
Section 15. The Code of Criminal Procedure of 1963 is
amended by changing Section 115-10.3 and adding Section
114-13.5 as follows:
(725 ILCS 5/114-13.5 new)
Sec. 114-13.5. Evidence deposition; elder abuse. In a
prosecution for abuse, neglect, or financial exploitation of
an eligible adult as defined in the Elder Abuse and Neglect
Act, the eligible adult may give testimony in the form of an
evidence deposition and not be required to appear in court to
testify.
(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 at the time the act was committed or prior to the
time of the trial 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, 11-11,
12-1, 12-2, 12-3, 12-3.2, 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,
18-1, 18-2, 18-3, 18-4, 18-5, 20-1.1, 24-1.2, and 33A-2 of
the Criminal Code of 1961, 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. 92-91, eff. 7-18-01.)
Section 20. The Unified Code of Corrections is amended
by changing Section 5-5-3 as follows:
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
Sec. 5-5-3. Disposition.
(a) Every person convicted of an offense shall be
sentenced as provided in this Section.
(b) The following options shall be appropriate
dispositions, alone or in combination, for all felonies and
misdemeanors other than those identified in subsection (c) of
this Section:
(1) A period of probation.
(2) A term of periodic imprisonment.
(3) A term of conditional discharge.
(4) A term of imprisonment.
(5) An order directing the offender to clean up and
repair the damage, if the offender was convicted under
paragraph (h) of Section 21-1 of the Criminal Code of
1961.
(6) A fine.
(7) An order directing the offender to make
restitution to the victim under Section 5-5-6 of this
Code.
(8) A sentence of participation in a county impact
incarceration program under Section 5-8-1.2 of this Code.
Whenever an individual is sentenced for an offense based
upon an arrest for a violation of Section 11-501 of the
Illinois Vehicle Code, or a similar provision of a local
ordinance, and the professional evaluation recommends
remedial or rehabilitative treatment or education, neither
the treatment nor the education shall be the sole disposition
and either or both may be imposed only in conjunction with
another disposition. The court shall monitor compliance with
any remedial education or treatment recommendations contained
in the professional evaluation. Programs conducting alcohol
or other drug evaluation or remedial education must be
licensed by the Department of Human Services. However, if
the individual is not a resident of Illinois, the court may
accept an alcohol or other drug evaluation or remedial
education program in the state of such individual's
residence. Programs providing treatment must be licensed
under existing applicable alcoholism and drug treatment
licensure standards.
In addition to any other fine or penalty required by law,
any individual convicted of a violation of Section 11-501 of
the Illinois Vehicle Code or a similar provision of local
ordinance, whose operation of a motor vehicle while in
violation of Section 11-501 or such ordinance proximately
caused an incident resulting in an appropriate emergency
response, shall be required to make restitution to a public
agency for the costs of that emergency response. Such
restitution shall not exceed $500 per public agency for each
such emergency response. For the purpose of this paragraph,
emergency response shall mean any incident requiring a
response by: a police officer as defined under Section 1-162
of the Illinois Vehicle Code; a fireman carried on the rolls
of a regularly constituted fire department; and an ambulance
as defined under Section 4.05 of the Emergency Medical
Services (EMS) Systems Act.
Neither a fine nor restitution shall be the sole
disposition for a felony and either or both may be imposed
only in conjunction with another disposition.
(c) (1) When a defendant is found guilty of first degree
murder the State may either seek a sentence of
imprisonment under Section 5-8-1 of this Code, or where
appropriate seek a sentence of death under Section 9-1 of
the Criminal Code of 1961.
(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) or (c)(2) of Section 401 of
that Act which relates to more than 5 grams of a
substance containing heroin or cocaine 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 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.
(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, except as
otherwise provided in subsection (e) of this
Section.
(I) Aggravated battery of a senior citizen.
(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 of the
Criminal Code of 1961.
(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.
(Q) A violation of Section 20-1.2 of the
Criminal Code of 1961.
(R) A violation of Section 24-3A of the
Criminal Code of 1961.
(S) A violation of Section 11-501(c-1)(3) of
the Illinois Vehicle Code.
(3) A minimum term of imprisonment of not less than
5 days or 30 days of community service as may be
determined by the court shall be imposed for a second
violation committed within 5 years of a previous
violation of Section 11-501 of the Illinois Vehicle Code
or a similar provision of a local ordinance. In the case
of a third or subsequent violation committed within 5
years of a previous violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance, a minimum term of either 10 days of
imprisonment or 60 days of community service shall be
imposed.
(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) A minimum term of 30 consecutive days of
imprisonment, 40 days of 24 hour periodic imprisonment or
720 hours of community service, as may be determined by
the court, shall be imposed for a violation of Section
11-501 of the Illinois Vehicle Code during a period in
which the defendant's driving privileges are revoked or
suspended, where the revocation or suspension was for a
violation of Section 11-501 or Section 11-501.1 of that
Code.
(4.2) Except as provided in paragraph (4.3) 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 paragraph (4.5) and
paragraph (4.6) 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) 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.
(5) The court may sentence an offender convicted of
a business offense or a petty offense or 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 penalties imposed under
paragraph (5) of this subsection (c), 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 penalties imposed under
paragraph (5) of this subsection (c), 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 penalties imposed under
paragraph (5) of this subsection (c), 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.
(6) In no case shall an offender be eligible for a
disposition of probation or conditional discharge for a
Class 1 felony committed while he was serving a term of
probation or conditional discharge for a felony.
(7) When a defendant is adjudged a habitual
criminal under Article 33B of the Criminal Code of 1961,
the court shall sentence the defendant to a term of
natural life imprisonment.
(8) When a defendant, over the age of 21 years, is
convicted of a Class 1 or Class 2 felony, after having
twice been convicted in any state or federal court of an
offense that contains the same elements as an offense now
classified in Illinois as a Class 2 or greater Class
felony and such charges are separately brought and tried
and arise out of different series of acts, such defendant
shall be sentenced as a Class X offender. This paragraph
shall not apply unless (1) the first felony was committed
after the effective date of this amendatory Act of 1977;
and (2) the second felony was committed after conviction
on the first; and (3) the third felony was committed
after conviction on the second. A person sentenced as a
Class X offender under this paragraph is not eligible to
apply for treatment as a condition of probation as
provided by Section 40-10 of the Alcoholism and Other
Drug Abuse and Dependency Act.
(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) When a person is convicted of violating
Section 11-501 of the Illinois Vehicle Code or a similar
provision of a local ordinance, the following penalties
apply when his or her blood, breath, or urine was .16 or
more based on the definition of blood, breath, or urine
units in Section 11-501.2 or that person is convicted of
violating Section 11-501 of the Illinois Vehicle Code
while transporting a child under the age of 16:
(A) For a first violation of subsection (a) of
Section 11-501, in addition to any other penalty
that may be imposed under subsection (c) of Section
11-501: a mandatory minimum of 100 hours of
community service and a minimum fine of $500.
(B) For a second violation of subsection (a)
of Section 11-501, in addition to any other penalty
that may be imposed under subsection (c) of Section
11-501 within 10 years: a mandatory minimum of 2
days of imprisonment and a minimum fine of $1,250.
(C) For a third violation of subsection (a) of
Section 11-501, in addition to any other penalty
that may be imposed under subsection (c) of Section
11-501 within 20 years: a mandatory minimum of 90
days of imprisonment and a minimum fine of $2,500.
(D) For a fourth or subsequent violation of
subsection (a) of Section 11-501: ineligibility for
a sentence of probation or conditional discharge and
a minimum fine of $2,500.
(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 criminal sexual
assault or aggravated criminal sexual abuse under Section
12-13 or 12-16 of the Criminal Code of 1961 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
12-12 of the Criminal Code of 1961.
(f) This Article shall not deprive a court in other
proceedings to order a forfeiture of property, to suspend or
cancel a license, to remove a person from office, or to
impose any other civil penalty.
(g) Whenever a defendant is convicted of an offense
under Sections 11-14, 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, 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 12-16.2 of the
Criminal Code of 1961 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 12-16.2 of the Criminal
Code of 1961 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 11-6, 11-8, 11-9, 11-11, 11-14, 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, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961, any violation of the
Illinois Controlled Substances Act, or any violation of the
Cannabis Control Act results in conviction, a disposition of
court supervision, or an order of probation granted under
Section 10 of the Cannabis Control Act or Section 410 of the
Illinois Controlled Substance 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) A court may not impose a sentence or disposition for
a felony or misdemeanor that requires the defendant to be
implanted or injected with or to use any form of birth
control.
(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 or
Section 410 of the Illinois Controlled Substances 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 good conduct credit
for meritorious service as provided under Section 3-6-6.
(m) A person convicted of criminal defacement of
property under Section 21-1.3 of the Criminal Code of 1961,
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, or 16-1.3 of the Criminal
Code of 1961 (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.
(Source: P.A. 91-357, eff. 7-29-99; 91-404, eff. 1-1-00;
91-663, eff. 12-22-99; 91-695, eff. 4-13-00; 91-953, eff.
2-23-01; 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; 92-283,
eff. 1-1-02; 92-340, eff. 8-10-01; 92-418, eff. 8-17-01;
92-422, eff. 8-17-01; 92-651, eff. 7-11-02; 92-698, eff.
7-19-02.)
Section 25. The Probate Act of 1975 is amended by adding
Section 2-6.6 as follows:
(755 ILCS 5/2-6.6 new)
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, or 16-1.3 of the Criminal
Code of 1961 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, or 16-1.3
of the Criminal Code of 1961 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, or 16-1.3 of the Criminal
Code of 1961 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, or 16-1.3
of the Criminal Code of 1961 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, or 16-1.3 of the Criminal Code of 1961.
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, or 16-1.3 of the Criminal
Code of 1961 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.
Effective Date: 01/01/04
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