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Public Act 92-0442
SB1065 Enrolled LRB9201493RCcd
AN ACT concerning firearms.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Owners Identification Card Act
is amended by changing Sections 3, 4, 6, 10, and 14 as
follows:
(430 ILCS 65/3) (from Ch. 38, par. 83-3)
Sec. 3. (a) Except as provided in Section 3a, no person
within this State may knowingly transfer, or cause to be
transferred, any firearm or any firearm ammunition to any
person within this State unless the transferee with whom he
deals displays a currently valid Firearm Owner's
Identification Card which has previously been issued in his
name by the Department of State Police under the provisions
of this Act. In addition, all firearm transfers by federally
licensed firearm dealers are subject to Section 3.1.
(b) Any person within this State who transfers or causes
to be transferred any firearm shall keep a record of such
transfer for a period of 10 years from the date of transfer.
Such record shall contain the date of the transfer; the
description, serial number or other information identifying
the firearm if no serial number is available; and, if the
transfer was completed within this State, the transferee's
Firearm Owner's Identification Card number. On demand of a
peace officer such transferor shall produce for inspection
such record of transfer.
(c) The provisions of this Section regarding the
transfer of firearm ammunition shall not apply to those
persons specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 87-299.)
(430 ILCS 65/4) (from Ch. 38, par. 83-4)
Sec. 4. (a) Each applicant for a Firearm Owner's
Identification Card must:
(1) Make application on blank forms prepared and
furnished at convenient locations throughout the State by
the Department of State Police, or by electronic means,
if and when made available by the Department of State
Police; and
(2) Submit evidence under penalty of perjury to the
Department of State Police that:
(i) He or she is 21 years of age or over, or
if he or she is under 21 years of age that he or she
has the written consent of his or her parent or
legal guardian to possess and acquire firearms and
firearm ammunition and that he or she has never been
convicted of a misdemeanor other than a traffic
offense or adjudged delinquent, provided, however,
that such parent or legal guardian is not an
individual prohibited from having a Firearm Owner's
Identification Card and files an affidavit with the
Department as prescribed by the Department stating
that he or she is not an individual prohibited from
having a Card;
(ii) He or she has not been convicted of a
felony under the laws of this or any other
jurisdiction;
(iii) He or she is not addicted to narcotics;
(iv) He or she has not been a patient in a
mental institution within the past 5 years;
(v) He or she is not mentally retarded;
(vi) He or she is not an alien who is
unlawfully present in the United States under the
laws of the United States;
(vii) He or she is not subject to an existing
order of protection prohibiting him or her from
possessing a firearm;
(viii) He or she has not been convicted within
the past 5 years of battery, assault, aggravated
assault, violation of an order of protection, or a
substantially similar offense in another
jurisdiction, in which a firearm was used or
possessed;
(ix) He or she has not been convicted of
domestic battery or a substantially similar offense
in another jurisdiction committed on or after the
effective date of this amendatory Act of 1997; and
(x) He or she has not been convicted within
the past 5 years of domestic battery or a
substantially similar offense in another
jurisdiction committed before the effective date of
this amendatory Act of 1997; and
(3) Upon request by the Department of State Police,
sign a release on a form prescribed by the Department of
State Police waiving any right to confidentiality and
requesting the disclosure to the Department of State
Police of limited mental health institution admission
information from another state, the District of Columbia,
any other territory of the United States, or a foreign
nation concerning the applicant for the sole purpose of
determining whether the applicant is or was a patient in
a mental health institution and disqualified because of
that status from receiving a Firearm Owner's
Identification Card. No mental health care or treatment
records may be requested. The information received shall
be destroyed within one year of receipt.
(a-5) Each applicant for a Firearm Owner's
Identification Card who is over the age of 18 shall furnish
to the Department of State Police either his or her driver's
license number or Illinois Identification Card number.
(b) Each application form shall include the following
statement printed in bold type: "Warning: Entering false
information on an application for a Firearm Owner's
Identification Card is punishable as a Class 2 felony in
accordance with subsection (d-5) of Section 14 of the Firearm
Owners Identification Card Act. False statements of the
applicant shall result in prosecution for perjury in
accordance with Section 32-2 of the Criminal Code of 1961.".
(c) Upon such written consent, pursuant to Section 4,
paragraph (a) (2) (i), the parent or legal guardian giving
the consent shall be liable for any damages resulting from
the applicant's use of firearms or firearm ammunition.
(Source: P.A. 90-493, eff. 1-1-98; 91-514, eff. 1-1-00;
91-694, eff. 4-13-00.)
(430 ILCS 65/6) (from Ch. 38, par. 83-6)
Sec. 6. Contents of Firearm Owner's Identification Card.
(a) A Firearm Owner's Identification Card, issued by the
Department of State Police at such places as the Director of
the Department shall specify, shall contain the applicant's
name, residence, date of birth, sex, physical description,
recent photograph and signature such other personal
identifying information as may be required by the Director.
Each Firearm Owner's Identification Card must have the
expiration date boldly and conspicuously displayed on the
face of the card. Each Firearm Owner's Identification Card
must have printed on it the following: "CAUTION - This card
does not permit bearer to UNLAWFULLY carry or use firearms."
Before December 1, 2002, the Department may use a person's
digital photograph and signature from his or her Illinois
driver's license or Illinois Identification Card, if
available. On and after December 1, 2002, the Department
shall use a person's digital photograph and signature from
his or her Illinois driver's license or Illinois
Identification Card, if available. The Department shall
decline to use a person's digital photograph or signature if
the digital photograph or signature is the result of or
associated with fraudulent or erroneous data, unless
otherwise provided by law.
(b) A person applying for a Firearm Owner's
Identification Card shall consent to the Department of State
Police using the applicant's digital driver's license or
Illinois Identification Card photograph, if available, and
signature on the applicant's Firearm Owner's Identification
Card. The Secretary of State shall allow the Department of
State Police access to the photograph and signature for the
purpose of identifying the applicant and issuing to the
applicant a Firearm Owner's Identification Card.
(c) The Secretary of State shall conduct a study to
determine the cost and feasibility of creating a method of
adding an identifiable code, background, or other means on
the driver's license or Illinois Identification Card to show
that an individual is not disqualified from owning or
possessing a firearm under State or federal law. The
Secretary shall report the findings of this study 12 months
after the effective date of this amendatory Act of the 92nd
General Assembly.
(Source: P.A. 91-694, eff. 4-13-00.)
(430 ILCS 65/10) (from Ch. 38, par. 83-10)
Sec. 10. (a) Whenever an application for a Firearm
Owner's Identification Card is denied, whenever the
Department fails to act on an application within 30 days of
its receipt, or whenever such a Card is revoked or seized as
provided for in Section 8 of this Act, the aggrieved party
may appeal to the Director of the Department of State Police
for a hearing upon such denial, revocation or seizure, unless
the denial, revocation, or seizure was based upon a forcible
felony, stalking, aggravated stalking, domestic battery, any
violation of either the Illinois Controlled Substances Act 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, 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.
Whenever, upon the receipt of such an appeal for a hearing,
the Director is satisfied that substantial justice has not
been done, he may order a hearing to be held by the
Department upon the denial or revocation.
(c) Any person prohibited from possessing a firearm
under Sections 24-1.1 or 24-3.1 of the Criminal Code of 1961
or acquiring a Firearm Owner's Identification Card under
Section 8 of this Act may apply to the Director of the
Department of State Police or petition the circuit court in
the county where the petitioner resides, whichever is
applicable in accordance with subsection (a) of this Section,
requesting relief from such prohibition and the Director or
court may grant such relief if it is established by the
applicant to the court's or Director's satisfaction that:
(0.05) when in the circuit court, the State's Attorney
has been served with a written copy of the petition at least
30 days before any such hearing in the circuit court and at
the hearing the State's Attorney was afforded an opportunity
to present evidence and object to the petition;
(1) the applicant has not been convicted of a forcible
felony under the laws of this State or any other jurisdiction
within 20 years of the applicant's application for a Firearm
Owner's Identification Card, or at least 20 years have passed
since the end of any period of imprisonment imposed in
relation to that conviction;,
(2) the circumstances regarding a criminal conviction,
where applicable, the applicant's criminal history and his
reputation are such that the applicant will not be likely to
act in a manner dangerous to public safety; and
(3) granting relief would not be contrary to the public
interest.
(Source: P.A. 85-920.)
(430 ILCS 65/14) (from Ch. 38, par. 83-14)
Sec. 14. Sentence.
(a) A violation of paragraph (1) of subsection (a) of
Section 2, when the person's Firearm Owner's Identification
Card is expired but the person is not otherwise disqualified
from renewing the card, is a Class A misdemeanor.
(b) Except as provided in subsection (a) with respect to
an expired card, a violation of paragraph (1) of subsection
(a) of Section 2 is a Class A misdemeanor when the person
does not possess a currently valid Firearm Owner's
Identification Card, but is otherwise eligible under this
Act. A second or subsequent violation is a Class 4 felony.
(c) A violation of paragraph (1) of subsection (a) of
Section 2 is a Class 3 felony when:
(1) the person's Firearm Owner's Identification
Card is revoked or subject to revocation under Section 8;
or
(2) the person's Firearm Owner's Identification
Card is expired and not otherwise eligible for renewal
under this Act; or
(3) the person does not possess a currently valid
Firearm Owner's Identification Card, and the person is
not otherwise eligible under this Act.
(d) A violation of subsection (a) of Section 3 is a
Class 4 felony. A third or subsequent conviction is a Class 1
felony.
(d-5) Any person who knowingly enters false information
on an application for a Firearm Owner's Identification Card,
who knowingly gives a false answer to any question on the
application, or who knowingly submits false evidence in
connection with an application is guilty of a Class 2 felony.
(e) Any other violation of this Act is a Class A
misdemeanor.
(Source: P.A. 91-694, eff. 4-13-00.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 110-10 as follows:
(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 either the Illinois Controlled Substances
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; 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; all legally
possessed firearms shall be returned to the person upon
that person completing a sentence for a conviction on a
misdemeanor domestic battery, 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 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 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;
(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 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
"Criminal Code of 1961", 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. 90-399, eff. 1-1-98; 91-11, eff. 6-4-99;
91-312, eff. 1-1-00; 91-696, eff. 4-13-00; 91-903, eff.
1-1-01.)
Section 15. The Unified Code of Corrections is amended
by changing Section 5-6-3 as follows:
(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;
(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;
(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
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; and
(8) if convicted of possession of a substance
prohibited by the Cannabis Control Act or Illinois
Controlled Substances 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 or
Section 410 of the Illinois Controlled Substances Act and
upon a finding by the court that the person is addicted,
undergo treatment at a substance abuse program approved
by the court; and.
(9) if convicted of a felony, 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.
(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;
(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 county working cash fund
under Section 6-27001 or Section 6-29002 of the
Counties Code, as the case may be.
(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, to a
"local anti-crime program", as defined in Section 7 of
the Anti-Crime Advisory Council Act;
(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 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.
(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) 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, or to another state
under an Interstate Probation Reciprocal Agreement as
provided in Section 3-3-11. 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.
(i) The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to conditional discharge
after January 1, 1992, as a condition of such probation or
conditional discharge, a fee of $25 for each month of
probation or conditional discharge supervision ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge 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.
(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.
(Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 91-325, eff.
7-29-99; 91-696, eff. 4-13-00; 91-903, eff. 1-1-01.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 22, 2001.
Approved August 17, 2001.
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