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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Transmitters of Money Act is amended by | ||||||||||||||||||||||||||||||||||
5 | changing Section 90 as follows:
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6 | (205 ILCS 657/90)
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7 | Sec. 90. Enforcement.
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8 | (a) If it appears to the Director that a person
has | ||||||||||||||||||||||||||||||||||
9 | committed or is about to commit a violation of this Act,
a rule | ||||||||||||||||||||||||||||||||||
10 | promulgated under this Act, or an order of the Director, the | ||||||||||||||||||||||||||||||||||
11 | Director
may apply to the circuit court for an order enjoining | ||||||||||||||||||||||||||||||||||
12 | the person from violating
or continuing to violate this Act, | ||||||||||||||||||||||||||||||||||
13 | the rule, or order and for
injunctive or other relief that the | ||||||||||||||||||||||||||||||||||
14 | nature of the case may require and may,
in addition, request | ||||||||||||||||||||||||||||||||||
15 | the court to assess a civil penalty up to $1,000
along with | ||||||||||||||||||||||||||||||||||
16 | costs and attorney fees.
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17 | (b) If the Director finds, after an investigation that he | ||||||||||||||||||||||||||||||||||
18 | considers
appropriate, that a licensee or other person is | ||||||||||||||||||||||||||||||||||
19 | engaged in practices
contrary to this Act or to the rules | ||||||||||||||||||||||||||||||||||
20 | promulgated under this Act, the Director
may issue an order | ||||||||||||||||||||||||||||||||||
21 | directing the licensee or person to cease and desist the
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22 | violation. The Director may, in addition to or without the | ||||||||||||||||||||||||||||||||||
23 | issuance of a cease
and desist order, assess an administrative |
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1 | penalty up to
$1,000 against a licensee for each violation of | ||||||
2 | this Act or the rules
promulgated under this Act.
The issuance | ||||||
3 | of an order under this Section shall not be a prerequisite to | ||||||
4 | the
taking of any action by the Director under this or any | ||||||
5 | other Section of this
Act. The Director shall serve notice of | ||||||
6 | his action, including a statement of
the reasons for his | ||||||
7 | actions, either personally or by certified mail, return
receipt | ||||||
8 | requested. Service by mail shall be deemed completed if the | ||||||
9 | notice is
deposited in the post office, postage paid, addressed | ||||||
10 | to the last known address
for a license.
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11 | (c) In the case of the issuance of a cease and desist order | ||||||
12 | or assessment
order, a hearing may be requested in writing | ||||||
13 | within 30 days after the date of
service. The hearing shall be | ||||||
14 | held at the time and place designated
by the Director in either | ||||||
15 | the City of Springfield or the City of Chicago. The
Director | ||||||
16 | and any administrative law judge designated by him shall have | ||||||
17 | the
power to administer oaths and affirmations, subpoena | ||||||
18 | witnesses and compel their
attendance, take evidence, | ||||||
19 | authorize the taking of depositions, and require the
production | ||||||
20 | of books, papers, correspondence, and other records or
| ||||||
21 | information that he considers relevant or material to the | ||||||
22 | inquiry.
| ||||||
23 | (d) After the Director's final determination under a | ||||||
24 | hearing under
this Section, a party to the proceedings whose | ||||||
25 | interests are
affected by the Director's final determination | ||||||
26 | shall be entitled to judicial
review of that final |
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| |||||||
1 | determination under the Administrative Review Law.
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2 | (e) The costs for administrative hearings shall be set by | ||||||
3 | rule.
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4 | (f) Except as otherwise provided in this Act, a violation | ||||||
5 | of
this Act shall subject to the party violating it to a fine | ||||||
6 | of $1,000 for
each offense.
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7 | (g) Each transaction in violation of this Act or the rules | ||||||
8 | promulgated
under this Act and each day that a violation | ||||||
9 | continues shall be a separate
offense.
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10 | (h) A person who engages in conduct requiring a license | ||||||
11 | under this Act and
fails to obtain a license from the Director | ||||||
12 | or knowingly makes a false
statement, misrepresentation, or | ||||||
13 | false certification in an application,
financial statement, | ||||||
14 | account record, report, or other document filed or
required to | ||||||
15 | be maintained or filed under this Act or who knowingly makes a
| ||||||
16 | false entry or omits a material entry in a document is guilty | ||||||
17 | of a Class
3 felony.
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18 | (i) The Director is authorized to compromise, settle, and | ||||||
19 | collect civil
penalties and administrative penalties, as set by | ||||||
20 | rule, with any person for
violations of this Act or of any rule | ||||||
21 | or order issued or
promulgated under this Act.
Any person who, | ||||||
22 | without the required license, engages in conduct requiring a
| ||||||
23 | license
under this Act shall be liable to the Department in an
| ||||||
24 | amount equal to
the greater of (i) $5,000 or (ii) an amount of | ||||||
25 | money accepted for transmission
plus an
amount equal to 3 times
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26 | the
amount accepted for transmission. The Department shall |
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1 | cause any funds so
recovered to be deposited in the TOMA | ||||||
2 | Consumer Protection Fund.
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3 | (j) The Director may enter into consent orders at any time | ||||||
4 | with a person
to resolve a matter arising under this Act. A | ||||||
5 | consent order must be signed
by the person to whom it is issued | ||||||
6 | and must indicate agreement to the terms
contained in it. A | ||||||
7 | consent order need not constitute an admission by a
person that | ||||||
8 | this Act or a rule or order issued or
promulgated under this | ||||||
9 | Act has been violated, nor need it constitute a finding
by the | ||||||
10 | Director that the person has violated this Act or a rule
or | ||||||
11 | order promulgated under this Act.
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12 | (k) Notwithstanding the issuance of a consent order, the | ||||||
13 | Director may seek
civil or criminal penalties or compromise | ||||||
14 | civil penalties concerning matter
encompassed by the consent | ||||||
15 | order unless the consent order by its terms
expressly precludes | ||||||
16 | the Director from doing so.
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17 | (l) Appeals from all final orders and judgments entered by | ||||||
18 | the circuit
court
under this Section in review of a decision of | ||||||
19 | the Director may be taken as in
other civil actions by any | ||||||
20 | party to the proceeding.
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21 | (Source: P.A. 93-535, eff. 1-1-04.)
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22 | Section 10. The Criminal Code of 2012 is amended by | ||||||
23 | changing Section 29B-1 and by adding Sections 29B-2 and 29B-3 | ||||||
24 | as follows:
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1 | (720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
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2 | Sec. 29B-1. (a) A person commits the offense of money | ||||||
3 | laundering:
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4 | (1) when, knowing that the property involved in a | ||||||
5 | financial transaction represents the proceeds of some form | ||||||
6 | of unlawful activity, he or she conducts or attempts to | ||||||
7 | conduct such a financial transaction which in fact involves | ||||||
8 | criminally derived property: | ||||||
9 | (A) with the intent to promote the carrying on of | ||||||
10 | the unlawful activity from which the criminally | ||||||
11 | derived property was obtained; or | ||||||
12 | (B) where he or she knows or reasonably should know | ||||||
13 | that the financial transaction is designed in whole or | ||||||
14 | in part: | ||||||
15 | (i) to conceal or disguise the nature, the | ||||||
16 | location, the source, the ownership or the control | ||||||
17 | of the criminally derived property; or | ||||||
18 | (ii) to avoid a transaction reporting | ||||||
19 | requirement under State law; or | ||||||
20 | (1.5) when he or she transports, transmits, or | ||||||
21 | transfers, or attempts to transport, transmit, or transfer | ||||||
22 | a monetary instrument: | ||||||
23 | (A) with the intent to promote the carrying on of | ||||||
24 | the unlawful activity from which the criminally | ||||||
25 | derived property was obtained; or | ||||||
26 | (B) knowing, or having reason to know, that the |
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1 | financial transaction is designed in whole or in part: | ||||||
2 | (i) to conceal or disguise the nature, the | ||||||
3 | location, the source, the ownership or the control | ||||||
4 | of the criminally derived property; or | ||||||
5 | (ii) to avoid a transaction reporting | ||||||
6 | requirement under State law;
or
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7 | (2) when, with the intent to:
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8 | (A) promote the carrying on of a specified criminal | ||||||
9 | activity as defined
in this Article; or
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10 | (B) conceal or disguise the nature, location, | ||||||
11 | source, ownership, or
control of property believed to | ||||||
12 | be the proceeds of a specified criminal
activity as | ||||||
13 | defined by subdivision (b)(6); or | ||||||
14 | (C) avoid a transaction reporting requirement | ||||||
15 | under State law,
| ||||||
16 | he or she conducts or attempts to conduct a financial | ||||||
17 | transaction
involving property he or she believes to be the | ||||||
18 | proceeds of specified criminal
activity as defined by | ||||||
19 | subdivision (b)(6) or property used to conduct or
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20 | facilitate specified criminal activity as defined by | ||||||
21 | subdivision (b)(6).
| ||||||
22 | (b) As used in this Section:
| ||||||
23 | (0.5) "Knowing that the property involved in a | ||||||
24 | financial transaction represents the proceeds of some form | ||||||
25 | of unlawful activity" means that the person knew the | ||||||
26 | property involved in the transaction represented proceeds |
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1 | from some form, though not necessarily which form, of | ||||||
2 | activity that constitutes a felony under State, federal, or | ||||||
3 | foreign law.
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4 | (1) "Financial transaction" means a purchase, sale, | ||||||
5 | loan, pledge, gift,
transfer, delivery or other | ||||||
6 | disposition utilizing criminally derived property,
and | ||||||
7 | with respect to financial institutions, includes a | ||||||
8 | deposit, withdrawal,
transfer between accounts, exchange | ||||||
9 | of currency, loan, extension of credit,
purchase or sale of | ||||||
10 | any stock, bond, certificate of deposit or other monetary
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11 | instrument, use of safe deposit box, or any other payment, | ||||||
12 | transfer or delivery by, through, or to a
financial | ||||||
13 | institution.
For purposes of clause (a)(2) of this Section, | ||||||
14 | the term "financial
transaction" also
means a transaction | ||||||
15 | which without regard to whether the funds, monetary
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16 | instruments, or real or personal property involved in the | ||||||
17 | transaction are
criminally derived, any transaction which | ||||||
18 | in any way or degree: (1) involves
the movement of funds by | ||||||
19 | wire or any other means; (2) involves one or more
monetary | ||||||
20 | instruments; or (3) the transfer of title to any real or | ||||||
21 | personal
property.
The receipt by an attorney of bona fide | ||||||
22 | fees for the purpose
of legal representation is not a | ||||||
23 | financial transaction for purposes of this
Section.
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24 | (2) "Financial institution" means any bank; saving and | ||||||
25 | loan
association; trust company; agency or branch of a | ||||||
26 | foreign bank in the
United States; currency exchange; |
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1 | credit union, mortgage banking
institution; pawnbroker; | ||||||
2 | loan or finance company; operator of a credit card
system; | ||||||
3 | issuer, redeemer or cashier of travelers checks, checks or | ||||||
4 | money
orders; dealer in precious metals, stones or jewels; | ||||||
5 | broker or dealer in
securities or commodities; investment | ||||||
6 | banker; or investment company.
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7 | (3) "Monetary instrument" means United States coins | ||||||
8 | and currency;
coins and currency of a foreign country; | ||||||
9 | travelers checks; personal checks,
bank checks, and money | ||||||
10 | orders; investment securities; bearer
negotiable | ||||||
11 | instruments; bearer investment securities; or bearer | ||||||
12 | securities
and certificates of stock in such form that | ||||||
13 | title thereto passes upon
delivery.
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14 | (4) "Criminally derived property" means: (A) any | ||||||
15 | property, real or personal, constituting
or
derived from | ||||||
16 | proceeds obtained, directly or indirectly, from activity | ||||||
17 | that constitutes a felony under State, federal, or foreign | ||||||
18 | law; or (B) any property
represented to be property | ||||||
19 | constituting or derived from proceeds obtained,
directly | ||||||
20 | or indirectly, from activity that constitutes a felony | ||||||
21 | under State, federal, or foreign law.
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22 | (5) "Conduct" or "conducts" includes, in addition to | ||||||
23 | its ordinary
meaning, initiating, concluding, or | ||||||
24 | participating in initiating or concluding
a transaction.
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25 | (6) "Specified criminal activity" means any violation | ||||||
26 | of Section 29D-15.1
(720 ILCS 5/29D-15.1) and any violation |
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1 | of Article 29D of this Code.
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2 | (7) "Director" means the Director of State Police or | ||||||
3 | his or her designated agents. | ||||||
4 | (8) "Department" means the Department of State Police | ||||||
5 | of the State of Illinois or its successor agency.
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6 | (9) "Transaction reporting requirement under State | ||||||
7 | law" means any violation as defined under the Currency | ||||||
8 | Reporting Act.
| ||||||
9 | (c) Sentence.
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10 | (1) Laundering of criminally derived property of a | ||||||
11 | value not exceeding
$10,000 is a Class 3 felony;
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12 | (2) Laundering of criminally derived property of a | ||||||
13 | value exceeding
$10,000 but not exceeding $100,000 is a | ||||||
14 | Class 2 felony;
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15 | (3) Laundering of criminally derived property of a | ||||||
16 | value exceeding
$100,000 but not exceeding $500,000 is a | ||||||
17 | Class 1 felony;
| ||||||
18 | (4) Money laundering in violation of subsection (a)(2) | ||||||
19 | of this Section
is a Class X felony;
| ||||||
20 | (5) Laundering of criminally derived property of a | ||||||
21 | value exceeding
$500,000 is a
Class 1 non-probationable | ||||||
22 | felony;
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23 | (6) In a prosecution under clause (a)(1.5)(B)(ii) of | ||||||
24 | this Section, the sentences are as follows: | ||||||
25 | (A) Laundering of property of a value not exceeding | ||||||
26 | $10,000 is a Class 3 felony; |
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1 | (B) Laundering of property of a value exceeding | ||||||
2 | $10,000 but not exceeding $100,000 is a Class 2 felony; | ||||||
3 | (C) Laundering of property of a value exceeding | ||||||
4 | $100,000 but not exceeding $500,000 is a Class 1 | ||||||
5 | felony; | ||||||
6 | (D) Laundering of property of a value exceeding | ||||||
7 | $500,000 but not exceeding $1,000,000 is a Class 1 | ||||||
8 | non-probationable felony. | ||||||
9 | (E) Laundering of property of a value exceeding | ||||||
10 | $1,000,000 is a Class X felony. | ||||||
11 | (d) Evidence. In a prosecution under this Article, either | ||||||
12 | party may introduce the following evidence pertaining to the | ||||||
13 | issue of whether the property or proceeds were known to be some | ||||||
14 | form of criminally derived property or from some form of | ||||||
15 | unlawful activity: | ||||||
16 | (1) A financial transaction was conducted or | ||||||
17 | structured or attempted in violation of the reporting | ||||||
18 | requirements of any State or federal law; or | ||||||
19 | (2) A financial transaction was conducted or attempted | ||||||
20 | with the use of a false or fictitious name or a forged | ||||||
21 | instrument; or | ||||||
22 | (3) A falsely altered or completed written instrument | ||||||
23 | or a written instrument that contains any materially false | ||||||
24 | personal identifying information was made, used, offered | ||||||
25 | or presented, whether accepted or not, in connection with a | ||||||
26 | financial transaction; or |
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1 | (4) A financial transaction was structured or | ||||||
2 | attempted to be structured so as to falsely report the | ||||||
3 | actual consideration or value of the transaction; or | ||||||
4 | (5) A money transmitter, a person engaged in a trade or | ||||||
5 | business or any employee of a money transmitter or a person | ||||||
6 | engaged in a trade or business, knows or reasonably should | ||||||
7 | know that false personal identifying information has been | ||||||
8 | presented and incorporates the false personal identifying | ||||||
9 | information into any report or record; or | ||||||
10 | (6) The criminally derived property is transported or | ||||||
11 | possessed in a fashion inconsistent with the ordinary or | ||||||
12 | usual means of transportation or possession of such | ||||||
13 | property and where the property is discovered in the | ||||||
14 | absence of any documentation or other indicia of legitimate | ||||||
15 | origin or right to such property; or | ||||||
16 | (7) A person pays or receives substantially less than | ||||||
17 | face value for one or more monetary instruments; or | ||||||
18 | (8) A person engages in a transaction involving one or | ||||||
19 | more monetary instruments, where the physical condition or | ||||||
20 | form of the monetary instrument or instruments makes it | ||||||
21 | apparent that they are not the product of bona fide | ||||||
22 | business or financial transactions. | ||||||
23 | (e) Duty to enforce this Article. | ||||||
24 | (1) It is the duty of the Department of State Police, | ||||||
25 | and its agents, officers, and investigators, to enforce all | ||||||
26 | provisions of this Article, except those specifically |
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1 | delegated, and to cooperate with all agencies charged with | ||||||
2 | the enforcement of the laws of the United States, or of any | ||||||
3 | state, relating to money laundering. Only an agent, | ||||||
4 | officer, or investigator designated by the Director may be | ||||||
5 | authorized in accordance with this Section to serve seizure | ||||||
6 | notices, warrants, subpoenas, and summonses under the | ||||||
7 | authority of this State. | ||||||
8 | (2) Any agent, officer, investigator, or peace officer | ||||||
9 | designated by the Director may: (A) make seizure of | ||||||
10 | property pursuant to the provisions of this Article; and | ||||||
11 | (B) perform such other law enforcement duties as the | ||||||
12 | Director designates. It is the duty of all State's | ||||||
13 | Attorneys to prosecute violations of this Article and | ||||||
14 | institute legal proceedings as authorized under this | ||||||
15 | Article. | ||||||
16 | (f) Protective orders. | ||||||
17 | (1) Upon application of the State, the court may enter | ||||||
18 | a restraining order or injunction, require the execution of | ||||||
19 | a satisfactory performance bond, or take any other action | ||||||
20 | to preserve the availability of property described in | ||||||
21 | subsection (h) for forfeiture under this Article: | ||||||
22 | (A) upon the filing of an indictment, information, | ||||||
23 | or complaint charging a violation of this Article for | ||||||
24 | which forfeiture may be ordered under this Article and | ||||||
25 | alleging that the property with respect to which the | ||||||
26 | order is sought would be subject to forfeiture under |
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1 | this Article; or
| ||||||
2 | (B) prior to the filing of such an indictment, | ||||||
3 | information, or complaint, if, after notice to persons | ||||||
4 | appearing to have an interest in the property and | ||||||
5 | opportunity for a hearing, the court determines that: | ||||||
6 | (i) there is probable cause to believe that the | ||||||
7 | State will prevail on the issue of forfeiture and | ||||||
8 | that failure to enter the order will result in the | ||||||
9 | property being destroyed, removed from the | ||||||
10 | jurisdiction of the court, or otherwise made | ||||||
11 | unavailable for forfeiture; and | ||||||
12 | (ii) the need to preserve the availability of | ||||||
13 | the property through the entry of the requested | ||||||
14 | order outweighs the hardship on any party against | ||||||
15 | whom the order is to be entered. | ||||||
16 | Provided, however, that an order entered pursuant | ||||||
17 | to subparagraph (B) shall be effective for not more | ||||||
18 | than 90 days, unless extended by the court for good | ||||||
19 | cause shown or unless an indictment, information, | ||||||
20 | complaint, or administrative notice has been filed. | ||||||
21 | (2) A temporary restraining order under this | ||||||
22 | subsection may be entered upon application of the State | ||||||
23 | without notice or opportunity for a hearing when an | ||||||
24 | indictment, information, complaint, or administrative | ||||||
25 | notice has not yet been filed with respect to the property, | ||||||
26 | if the State demonstrates that there is probable cause to |
| |||||||
| |||||||
1 | believe that the property with respect to which the order | ||||||
2 | is sought would be subject to forfeiture under this Section | ||||||
3 | and that provision of notice will jeopardize the | ||||||
4 | availability of the property for forfeiture. Such a | ||||||
5 | temporary order shall expire not more than 30 days after | ||||||
6 | the date on which it is entered, unless extended for good | ||||||
7 | cause shown or unless the party against whom it is entered | ||||||
8 | consents to an extension for a longer period. A hearing | ||||||
9 | requested concerning an order entered under this paragraph | ||||||
10 | shall be held at the earliest possible time and prior to | ||||||
11 | the expiration of the temporary order. | ||||||
12 | (3) The court may receive and consider, at a hearing | ||||||
13 | held pursuant to this subsection (f), evidence and | ||||||
14 | information that would be inadmissible under the Illinois | ||||||
15 | rules of evidence.
| ||||||
16 | (4) Order to repatriate and deposit. | ||||||
17 | (A) In general. Pursuant to its authority to enter | ||||||
18 | a pretrial restraining order under this Section, the | ||||||
19 | court may order a defendant to repatriate any property | ||||||
20 | that may be seized and forfeited and to deposit that | ||||||
21 | property pending trial with the Illinois State Police | ||||||
22 | or another law enforcement agency designated by the | ||||||
23 | Illinois State Police. | ||||||
24 | (B) Failure to comply. Failure to comply with an | ||||||
25 | order under this subsection (f) is punishable as a | ||||||
26 | civil or criminal contempt of court.
|
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| |||||||
1 | (g) Warrant of seizure. The State may request the issuance | ||||||
2 | of a warrant authorizing the seizure of property described in | ||||||
3 | subsection (h) in the same manner as provided for a search | ||||||
4 | warrant. If the court determines that there is probable cause | ||||||
5 | to believe that the property to be seized would be subject to | ||||||
6 | forfeiture, the court shall issue a warrant authorizing the | ||||||
7 | seizure of such property. | ||||||
8 | (h) Forfeiture. | ||||||
9 | (1) The following are subject to forfeiture: | ||||||
10 | (A) any property, real or personal, constituting, | ||||||
11 | derived from, or traceable to any proceeds the person | ||||||
12 | obtained directly or indirectly, as a result of a | ||||||
13 | violation of this Article; | ||||||
14 | (B) any of the person's property used, or intended | ||||||
15 | to be used, in any manner or part, to commit, or to | ||||||
16 | facilitate the commission of, a violation of this | ||||||
17 | Article; | ||||||
18 | (C) all conveyances, including aircraft, vehicles | ||||||
19 | or vessels, which are used, or intended for use, to | ||||||
20 | transport, or in any manner to facilitate the | ||||||
21 | transportation, sale, receipt, possession, or | ||||||
22 | concealment of property described in subparagraphs (A) | ||||||
23 | and (B), but: | ||||||
24 | (i) no conveyance used by any person as a | ||||||
25 | common carrier in the transaction of business as a | ||||||
26 | common carrier is subject to forfeiture under this |
| |||||||
| |||||||
1 | Section unless it appears that the owner or other | ||||||
2 | person in charge of the conveyance is a consenting | ||||||
3 | party or privy to a violation of this Article; | ||||||
4 | (ii) no conveyance is subject to forfeiture | ||||||
5 | under this Section by reason of any act or omission | ||||||
6 | which the owner proves to have been committed or | ||||||
7 | omitted without his or her knowledge or consent; | ||||||
8 | (iii) a forfeiture of a conveyance encumbered | ||||||
9 | by a bona fide security interest is subject to the | ||||||
10 | interest of the secured party if he or she neither | ||||||
11 | had knowledge of nor consented to the act or | ||||||
12 | omission; | ||||||
13 | (D) all real property, including any right, title, | ||||||
14 | and interest (including, but not limited to, any | ||||||
15 | leasehold interest or the beneficial interest in a land | ||||||
16 | trust) in the whole of any lot or tract of land and any | ||||||
17 | appurtenances or improvements, which is used or | ||||||
18 | intended to be used, in any manner or part, to commit, | ||||||
19 | or in any manner to facilitate the commission of, any | ||||||
20 | violation of this Article or that is the proceeds of | ||||||
21 | any violation or act that constitutes a violation of | ||||||
22 | this Article.
| ||||||
23 | (2) Property subject to forfeiture under this Article | ||||||
24 | may be seized by the Director or any peace officer upon | ||||||
25 | process or seizure warrant issued by any court having | ||||||
26 | jurisdiction over the property. Seizure by the Director or |
| |||||||
| |||||||
1 | any peace officer without process may be made: | ||||||
2 | (A) if the seizure is incident to a seizure | ||||||
3 | warrant; | ||||||
4 | (B) if the property subject to seizure has been the | ||||||
5 | subject of a prior judgment in favor of the State in a | ||||||
6 | criminal proceeding, or in an injunction or forfeiture | ||||||
7 | proceeding based upon this Article; | ||||||
8 | (C) if there is probable cause to believe that the | ||||||
9 | property is directly or indirectly dangerous to health | ||||||
10 | or safety; | ||||||
11 | (D) if there is probable cause to believe that the | ||||||
12 | property is subject to forfeiture under this Article | ||||||
13 | and the property is seized under circumstances in which | ||||||
14 | a warrantless seizure or arrest would be reasonable; or | ||||||
15 | (E) in accordance with the Code of Criminal | ||||||
16 | Procedure of 1963. | ||||||
17 | (3) In the event of seizure pursuant to paragraph (2), | ||||||
18 | forfeiture proceedings shall be instituted in accordance | ||||||
19 | with subsections (i) through (r). | ||||||
20 | (4) Property taken or detained under this Section shall | ||||||
21 | not be subject to replevin, but is deemed to be in the | ||||||
22 | custody of the Director subject only to the order and | ||||||
23 | judgments of the circuit court having jurisdiction over the | ||||||
24 | forfeiture proceedings and the decisions of the State's | ||||||
25 | Attorney under this Article. When property is seized under | ||||||
26 | this Article, the seizing agency shall promptly conduct an |
| |||||||
| |||||||
1 | inventory of the seized property and estimate the | ||||||
2 | property's value and shall forward a copy of the inventory | ||||||
3 | of seized property and the estimate of the property's value | ||||||
4 | to the Director. Upon receiving notice of seizure, the | ||||||
5 | Director may: | ||||||
6 | (A) place the property under seal; | ||||||
7 | (B) remove the property to a place designated by | ||||||
8 | the Director; | ||||||
9 | (C) keep the property in the possession of the | ||||||
10 | seizing agency; | ||||||
11 | (D) remove the property to a storage area for | ||||||
12 | safekeeping or, if the property is a negotiable | ||||||
13 | instrument or money and is not needed for evidentiary | ||||||
14 | purposes, deposit it in an interest bearing account; | ||||||
15 | (E) place the property under constructive seizure | ||||||
16 | by posting notice of pending forfeiture on it, by | ||||||
17 | giving notice of pending forfeiture to its owners and | ||||||
18 | interest holders, or by filing notice of pending | ||||||
19 | forfeiture in any appropriate public record relating | ||||||
20 | to the property; or | ||||||
21 | (F) provide for another agency or custodian, | ||||||
22 | including an owner, secured party, or lienholder, to | ||||||
23 | take custody of the property upon the terms and | ||||||
24 | conditions set by the Director. | ||||||
25 | (5) When property is forfeited under this Article, the | ||||||
26 | Director shall sell all such property unless such property |
| |||||||
| |||||||
1 | is required by law to be destroyed or is harmful to the | ||||||
2 | public, and shall distribute the proceeds of the sale, | ||||||
3 | together with any moneys forfeited or seized, in accordance | ||||||
4 | with paragraph (6). However, upon the application of the | ||||||
5 | seizing agency or prosecutor who was responsible for the | ||||||
6 | investigation, arrest or arrests and prosecution which | ||||||
7 | lead to the forfeiture, the Director may return any item of | ||||||
8 | forfeited property to the seizing agency or prosecutor for | ||||||
9 | official use in the enforcement of laws, if the agency or | ||||||
10 | prosecutor can demonstrate that the item requested would be | ||||||
11 | useful to the agency or prosecutor in its enforcement | ||||||
12 | efforts. When any real property returned to the seizing | ||||||
13 | agency is sold by the agency or its unit of government, the | ||||||
14 | proceeds of the sale shall be delivered to the Director and | ||||||
15 | distributed in accordance with paragraph (6). | ||||||
16 | (6) All monies and the sale proceeds of all other | ||||||
17 | property forfeited and seized under this Article shall be | ||||||
18 | distributed as follows: | ||||||
19 | (A) 65% shall be distributed to the metropolitan | ||||||
20 | enforcement group, local, municipal, county, or State | ||||||
21 | law enforcement agency or agencies which conducted or | ||||||
22 | participated in the investigation resulting in the | ||||||
23 | forfeiture. The distribution shall bear a reasonable | ||||||
24 | relationship to the degree of direct participation of | ||||||
25 | the law enforcement agency in the effort resulting in | ||||||
26 | the forfeiture, taking into account the total value of |
| |||||||
| |||||||
1 | the property forfeited and the total law enforcement | ||||||
2 | effort with respect to the violation of the law upon | ||||||
3 | which the forfeiture is based. Amounts distributed to | ||||||
4 | the agency or agencies shall be used for the | ||||||
5 | enforcement of laws. | ||||||
6 | (B)(i) 12.5% shall be distributed to the Office of | ||||||
7 | the State's Attorney of the county in which the | ||||||
8 | prosecution resulting in the forfeiture was | ||||||
9 | instituted, deposited in a special fund in the county | ||||||
10 | treasury and appropriated to the State's Attorney for | ||||||
11 | use in the enforcement of laws. In counties over | ||||||
12 | 3,000,000 population, 25% shall be distributed to the | ||||||
13 | Office of the State's Attorney for use in the | ||||||
14 | enforcement of laws. If the prosecution is undertaken | ||||||
15 | solely by the Attorney General, the portion provided | ||||||
16 | hereunder shall be distributed to the Attorney General | ||||||
17 | for use in the enforcement of laws. | ||||||
18 | (ii) 12.5% shall be distributed to the Office | ||||||
19 | of the State's Attorneys Appellate Prosecutor and | ||||||
20 | deposited in the Narcotics Profit Forfeiture Fund | ||||||
21 | of that office to be used for additional expenses | ||||||
22 | incurred in the investigation, prosecution and | ||||||
23 | appeal of cases arising under laws. The Office of | ||||||
24 | the State's Attorneys Appellate Prosecutor shall | ||||||
25 | not receive distribution from cases brought in | ||||||
26 | counties with over 3,000,000 population. |
| |||||||
| |||||||
1 | (C) 10% shall be retained by the Department of | ||||||
2 | State Police for expenses related to the | ||||||
3 | administration and sale of seized and forfeited | ||||||
4 | property. | ||||||
5 | Moneys and the sale proceeds distributed to the | ||||||
6 | Department of State Police under this Article shall be | ||||||
7 | deposited in the Money Laundering Asset Recovery Fund | ||||||
8 | created in the State treasury and shall be used by the | ||||||
9 | Department of State Police for State law enforcement | ||||||
10 | purposes. | ||||||
11 | (i) Notice to owner or interest holder. | ||||||
12 | (1) Whenever notice of pending forfeiture or service of | ||||||
13 | an in rem complaint is required under the provisions of | ||||||
14 | this Article, such notice or service shall be given as | ||||||
15 | follows: | ||||||
16 | (A) If the owner's or interest holder's name and | ||||||
17 | current address are known, then by either personal | ||||||
18 | service or mailing a copy of the notice by certified | ||||||
19 | mail, return receipt requested, to that address. For | ||||||
20 | purposes of notice under this Section, if a person has | ||||||
21 | been arrested for the conduct giving rise to the | ||||||
22 | forfeiture, then the address provided to the arresting | ||||||
23 | agency at the time of arrest shall be deemed to be that | ||||||
24 | person's known address. Provided, however, if an owner | ||||||
25 | or interest holder's address changes prior to the | ||||||
26 | effective date of the notice of pending forfeiture, the |
| |||||||
| |||||||
1 | owner or interest holder shall promptly notify the | ||||||
2 | seizing agency of the change in address or, if the | ||||||
3 | owner or interest holder's address changes subsequent | ||||||
4 | to the effective date of the notice of pending | ||||||
5 | forfeiture, the owner or interest holder shall | ||||||
6 | promptly notify the State's Attorney of the change in | ||||||
7 | address; or | ||||||
8 | (B) If the property seized is a conveyance, to the | ||||||
9 | address reflected in the office of the agency or | ||||||
10 | official in which title or interest to the conveyance | ||||||
11 | is required by law to be recorded, then by mailing a | ||||||
12 | copy of the notice by certified mail, return receipt | ||||||
13 | requested, to that address; or | ||||||
14 | (C) If the owner's or interest holder's address is | ||||||
15 | not known, and is not on record as provided in | ||||||
16 | paragraph (B), then by publication for 3 successive | ||||||
17 | weeks in a newspaper of general circulation in the | ||||||
18 | county in which the seizure occurred. | ||||||
19 | (2) Notice served under this Article is effective upon | ||||||
20 | personal service, the last date of publication, or the | ||||||
21 | mailing of written notice, whichever is earlier. | ||||||
22 | (j) Notice to State's Attorney. The law enforcement agency | ||||||
23 | seizing property for forfeiture under this Article shall, | ||||||
24 | within 90 days after seizure, notify the State's Attorney for | ||||||
25 | the county, either where an act or omission giving rise to the | ||||||
26 | forfeiture occurred or where the property was seized, of the |
| |||||||
| |||||||
1 | seizure of the property and the facts and circumstances giving | ||||||
2 | rise to the seizure and shall provide the State's Attorney with | ||||||
3 | the inventory of the property and its estimated value. When the | ||||||
4 | property seized for forfeiture is a vehicle, the law | ||||||
5 | enforcement agency seizing the property shall immediately | ||||||
6 | notify the Secretary of State that forfeiture proceedings are | ||||||
7 | pending regarding such vehicle. | ||||||
8 | (k) Non-judicial forfeiture. If non-real property that | ||||||
9 | exceeds $20,000 in value excluding the value of any conveyance, | ||||||
10 | or if real property is seized under the provisions of this | ||||||
11 | Article, the State's Attorney shall institute judicial in rem | ||||||
12 | forfeiture proceedings as described in subsection (l) of this | ||||||
13 | Section within 45 days from receipt of notice of seizure from | ||||||
14 | the seizing agency under subsection (j) of this Section. | ||||||
15 | However, if non-real property that does not exceed $20,000 in | ||||||
16 | value excluding the value of any conveyance is seized, the | ||||||
17 | following procedure shall be used: | ||||||
18 | (1) If, after review of the facts surrounding the | ||||||
19 | seizure, the State's Attorney is of the opinion that the | ||||||
20 | seized property is subject to forfeiture, then within 45 | ||||||
21 | days after the receipt of notice of seizure from the | ||||||
22 | seizing agency, the State's Attorney shall cause notice of | ||||||
23 | pending forfeiture to be given to the owner of the property | ||||||
24 | and all known interest holders of the property in | ||||||
25 | accordance with subsection (i) of this Section. | ||||||
26 | (2) The notice of pending forfeiture must include a |
| |||||||
| |||||||
1 | description of the property, the estimated value of the | ||||||
2 | property, the date and place of seizure, the conduct giving | ||||||
3 | rise to forfeiture or the violation of law alleged, and a | ||||||
4 | summary of procedures and procedural rights applicable to | ||||||
5 | the forfeiture action. | ||||||
6 | (3)(A) Any person claiming an interest in property | ||||||
7 | which is the subject of notice under paragraph (1) of this | ||||||
8 | subsection (k), must, in order to preserve any rights or | ||||||
9 | claims to the property, within 45 days after the effective | ||||||
10 | date of notice as described in subsection (i) of this | ||||||
11 | Section, file a verified claim with the State's Attorney | ||||||
12 | expressing his or her interest in the property. The claim | ||||||
13 | must set forth: | ||||||
14 | (i) the caption of the proceedings as set forth on | ||||||
15 | the notice of pending forfeiture and the name of the | ||||||
16 | claimant; | ||||||
17 | (ii) the address at which the claimant will accept | ||||||
18 | mail; | ||||||
19 | (iii) the nature and extent of the claimant's | ||||||
20 | interest in the property; | ||||||
21 | (iv) the date, identity of the transferor, and | ||||||
22 | circumstances of the claimant's acquisition of the | ||||||
23 | interest in the property;
| ||||||
24 | (v) the name and address of all other persons known | ||||||
25 | to have an interest in the property; | ||||||
26 | (vi) the specific provision of law relied on in |
| |||||||
| |||||||
1 | asserting the property is not subject to forfeiture; | ||||||
2 | (vii) all essential facts supporting each | ||||||
3 | assertion; and | ||||||
4 | (viii) the relief sought. | ||||||
5 | (B) If a claimant files the claim and deposits with the | ||||||
6 | State's Attorney a cost bond, in the form of a cashier's | ||||||
7 | check payable to the clerk of the court, in the sum of 10% | ||||||
8 | of the reasonable value of the property as alleged by the | ||||||
9 | State's Attorney or the sum of $100, whichever is greater, | ||||||
10 | upon condition that, in the case of forfeiture, the | ||||||
11 | claimant must pay all costs and expenses of forfeiture | ||||||
12 | proceedings, then the State's Attorney shall institute | ||||||
13 | judicial in rem forfeiture proceedings and deposit the cost | ||||||
14 | bond with the clerk of the court as described in subsection | ||||||
15 | (l) of this Section within 45 days after receipt of the | ||||||
16 | claim and cost bond. In lieu of a cost bond, a person | ||||||
17 | claiming interest in the seized property may file, under | ||||||
18 | penalty of perjury, an indigency affidavit which has been | ||||||
19 | approved by a circuit court judge. | ||||||
20 | (C) If none of the seized property is forfeited in the | ||||||
21 | judicial in rem proceeding, the clerk of the court shall | ||||||
22 | return to the claimant, unless the court orders otherwise, | ||||||
23 | 90% of the sum which has been deposited and shall retain as | ||||||
24 | costs 10% of the money deposited. If any of the seized | ||||||
25 | property is forfeited under the judicial forfeiture | ||||||
26 | proceeding, the clerk of the court shall transfer 90% of |
| |||||||
| |||||||
1 | the sum which has been deposited to the State's Attorney | ||||||
2 | prosecuting the civil forfeiture to be applied to the costs | ||||||
3 | of prosecution and the clerk shall retain as costs 10% of | ||||||
4 | the sum deposited. | ||||||
5 | (4) If no claim is filed or bond given within the 45 | ||||||
6 | day period as described in paragraph (3) of this subsection | ||||||
7 | (k), the State's Attorney shall declare the property | ||||||
8 | forfeited and shall promptly notify the owner and all known | ||||||
9 | interest holders of the property and the Director of State | ||||||
10 | Police of the declaration of forfeiture and the Director | ||||||
11 | shall dispose of the property in accordance with law. | ||||||
12 | (l) Judicial in rem procedures. If property seized under | ||||||
13 | the provisions of this Article is non-real property that | ||||||
14 | exceeds $20,000 in value excluding the value of any conveyance, | ||||||
15 | or is real property, or a claimant has filed a claim and a cost | ||||||
16 | bond under paragraph (3) of subsection (k) of this Section, the | ||||||
17 | following judicial in rem procedures shall apply: | ||||||
18 | (1) If, after a review of the facts surrounding the | ||||||
19 | seizure, the State's Attorney is of the opinion that the | ||||||
20 | seized property is subject to forfeiture, then within 45 | ||||||
21 | days of the receipt of notice of seizure by the seizing | ||||||
22 | agency or the filing of the claim and cost bond, whichever | ||||||
23 | is later, the State's Attorney shall institute judicial | ||||||
24 | forfeiture proceedings by filing a verified complaint for | ||||||
25 | forfeiture and, if the claimant has filed a claim and cost | ||||||
26 | bond, by depositing the cost bond with the clerk of the |
| |||||||
| |||||||
1 | court. When authorized by law, a forfeiture must be ordered | ||||||
2 | by a court on an action in rem brought by a State's | ||||||
3 | Attorney under a verified complaint for forfeiture. | ||||||
4 | (2) During the probable cause portion of the judicial | ||||||
5 | in rem proceeding wherein the State presents its | ||||||
6 | case-in-chief, the court must receive and consider, among | ||||||
7 | other things, all relevant hearsay evidence and | ||||||
8 | information. The laws of evidence relating to civil actions | ||||||
9 | apply to all other portions of the judicial in rem | ||||||
10 | proceeding. | ||||||
11 | (3) Only an owner of or interest holder in the property | ||||||
12 | may file an answer asserting a claim against the property | ||||||
13 | in the action in rem. For purposes of this Section, the | ||||||
14 | owner or interest holder shall be referred to as claimant. | ||||||
15 | Upon motion of the State, the court shall first hold a | ||||||
16 | hearing, wherein any claimant must establish by a | ||||||
17 | preponderance of the evidence, that he or she has a lawful, | ||||||
18 | legitimate ownership interest in the property and that it | ||||||
19 | was obtained through a lawful source. | ||||||
20 | (4) The answer must be signed by the owner or interest | ||||||
21 | holder under penalty of perjury and must set forth: | ||||||
22 | (A) the caption of the proceedings as set forth on | ||||||
23 | the notice of pending forfeiture and the name of the | ||||||
24 | claimant; | ||||||
25 | (B) the address at which the claimant will accept | ||||||
26 | mail; |
| |||||||
| |||||||
1 | (C) the nature and extent of the claimant's | ||||||
2 | interest in the property; | ||||||
3 | (D) the date, identity of transferor, and | ||||||
4 | circumstances of the claimant's acquisition of the | ||||||
5 | interest in the property; | ||||||
6 | (E) the name and address of all other persons known | ||||||
7 | to have an interest in the property; | ||||||
8 | (F) all essential facts supporting each assertion; | ||||||
9 | and | ||||||
10 | (G) the precise relief sought.
| ||||||
11 | (5) The answer must be filed with the court within 45 | ||||||
12 | days after service of the civil in rem complaint. | ||||||
13 | (6) The hearing must be held within 60 days after | ||||||
14 | filing of the answer unless continued for good cause.
| ||||||
15 | (7) The State shall show the existence of probable | ||||||
16 | cause for forfeiture of the property. If the State shows | ||||||
17 | probable cause, the claimant has the burden of showing by a | ||||||
18 | preponderance of the evidence that the claimant's interest | ||||||
19 | in the property is not subject to forfeiture.
| ||||||
20 | (8) If the State does not show existence of probable | ||||||
21 | cause, the court shall order the interest in the property | ||||||
22 | returned or conveyed to the claimant and shall order all | ||||||
23 | other property forfeited to the State. If the State does | ||||||
24 | show existence of probable cause, the court shall order all | ||||||
25 | property forfeited to the State. | ||||||
26 | (9) A defendant convicted in any criminal proceeding is |
| |||||||
| |||||||
1 | precluded from later denying the essential allegations of | ||||||
2 | the criminal offense of which the defendant was convicted | ||||||
3 | in any proceeding under this Article regardless of the | ||||||
4 | pendency of an appeal from that conviction. However, | ||||||
5 | evidence of the pendency of an appeal is admissible. | ||||||
6 | (10) An acquittal or dismissal in a criminal proceeding | ||||||
7 | does not preclude civil proceedings under this Article; | ||||||
8 | however, for good cause shown, on a motion by the State's | ||||||
9 | Attorney, the court may stay civil forfeiture proceedings | ||||||
10 | during the criminal trial for a related criminal indictment | ||||||
11 | or information alleging a money laundering violation. Such | ||||||
12 | a stay shall not be available pending an appeal. Property | ||||||
13 | subject to forfeiture under this Article shall not be | ||||||
14 | subject to return or release by a court exercising | ||||||
15 | jurisdiction over a criminal case involving the seizure of | ||||||
16 | such property unless such return or release is consented to | ||||||
17 | by the State's Attorney. | ||||||
18 | (11) All property declared forfeited under this | ||||||
19 | Article vests in this State on the commission of the | ||||||
20 | conduct giving rise to forfeiture together with the | ||||||
21 | proceeds of the property after that time. Any such property | ||||||
22 | or proceeds subsequently transferred to any person remain | ||||||
23 | subject to forfeiture and thereafter shall be ordered | ||||||
24 | forfeited. | ||||||
25 | (12) A civil action under this Article must be | ||||||
26 | commenced within 5 years after the last conduct giving rise |
| |||||||
| |||||||
1 | to forfeiture became known or should have become known or 5 | ||||||
2 | years after the forfeitable property is discovered, | ||||||
3 | whichever is later, excluding any time during which either | ||||||
4 | the property or claimant is out of the State or in | ||||||
5 | confinement or during which criminal proceedings relating | ||||||
6 | to the same conduct are in progress. | ||||||
7 | (m) Stay of time periods. If property is seized for | ||||||
8 | evidence and for forfeiture, the time periods for instituting | ||||||
9 | judicial and non-judicial forfeiture proceedings shall not | ||||||
10 | begin until the property is no longer necessary for evidence. | ||||||
11 | (n) Settlement of claims. Notwithstanding other provisions | ||||||
12 | of this Article, the State's Attorney and a claimant of seized | ||||||
13 | property may enter into an agreed-upon settlement concerning | ||||||
14 | the seized property in such an amount and upon such terms as | ||||||
15 | are set out in writing in a settlement agreement. | ||||||
16 | (o) Property constituting attorney fees. Nothing in this | ||||||
17 | Article applies to property which constitutes reasonable bona | ||||||
18 | fide attorney's fees paid to an attorney for services rendered | ||||||
19 | or to be rendered in the forfeiture proceeding or criminal | ||||||
20 | proceeding relating directly thereto where such property was | ||||||
21 | paid before its seizure, before the issuance of any seizure | ||||||
22 | warrant or court order prohibiting transfer of the property and | ||||||
23 | where the attorney, at the time he or she received the property | ||||||
24 | did not know that it was property subject to forfeiture under | ||||||
25 | this Article. | ||||||
26 | (p) Construction. It is the intent of the General Assembly |
| |||||||
| |||||||
1 | that the forfeiture provisions of this Article be liberally | ||||||
2 | construed so as to effect their remedial purpose. The | ||||||
3 | forfeiture of property and other remedies hereunder shall be | ||||||
4 | considered to be in addition to, and not exclusive of, any | ||||||
5 | sentence or other remedy provided by law. | ||||||
6 | (q) Judicial review. If property has been declared | ||||||
7 | forfeited under subsection (k) of this Section, any person who | ||||||
8 | has an interest in the property declared forfeited may, within | ||||||
9 | 30 days after the effective date of the notice of the | ||||||
10 | declaration of forfeiture, file a claim and cost bond as | ||||||
11 | described in paragraph (3) of subsection (k) of this Section. | ||||||
12 | If a claim and cost bond is filed under this Section, then the | ||||||
13 | procedures described in subsection (l) of this Section apply. | ||||||
14 | (r) Burden of proof of exemption or exception. It is not | ||||||
15 | necessary for the State to negate any exemption or exception in | ||||||
16 | this Article in any complaint, information, indictment or other | ||||||
17 | pleading or in any trial, hearing, or other proceeding under | ||||||
18 | this Article. The burden of proof of any exemption or exception | ||||||
19 | is upon the person claiming it. | ||||||
20 | (s) Review of administrative decisions.
All administrative | ||||||
21 | findings, rulings, final determinations, findings, and | ||||||
22 | conclusions of the State's Attorney's Office under this Article | ||||||
23 | are final and conclusive decisions of the matters involved. Any | ||||||
24 | person aggrieved by the decision may obtain review of the | ||||||
25 | decision pursuant to the provisions of the Administrative | ||||||
26 | Review Law and the rules adopted pursuant to that Law. Pending |
| |||||||
| |||||||
1 | final decision on such review, the administrative acts, orders, | ||||||
2 | and rulings of the State's Attorney's Office remain in full | ||||||
3 | force and effect unless modified or suspended by order of court | ||||||
4 | pending final judicial decision. Pending final decision on such | ||||||
5 | review, the acts, orders, and rulings of the State's Attorney's | ||||||
6 | Office remain in full force and effect, unless stayed by order | ||||||
7 | of court. However, no stay of any decision of the | ||||||
8 | administrative agency shall issue unless the person aggrieved | ||||||
9 | by the decision establishes by a preponderance of the evidence | ||||||
10 | that good cause exists for the stay. In determining good cause, | ||||||
11 | the court shall find that the aggrieved party has established a | ||||||
12 | substantial likelihood of prevailing on the merits and that | ||||||
13 | granting the stay will not have an injurious effect on the | ||||||
14 | general public.
| ||||||
15 | (Source: P.A. 96-275, eff. 8-11-09; 96-710, eff. 1-1-10; | ||||||
16 | 96-1000, eff. 7-2-10; 96-1234, eff. 7-23-10.)
| ||||||
17 | (720 ILCS 5/29B-2 new) | ||||||
18 | Sec. 29B-2. Engaging in monetary transactions in | ||||||
19 | criminally derived property. | ||||||
20 | (a) A person commits engaging in monetary transactions in | ||||||
21 | criminally derived property when he or she knowingly engages or | ||||||
22 | attempts to engage in a monetary transaction in criminally | ||||||
23 | derived property of a value greater than $10,000. | ||||||
24 | (b) In a prosecution for an offense under this Section, the | ||||||
25 | State is not required to prove the defendant knew that the |
| |||||||
| |||||||
1 | offense from which the criminally derived property was derived | ||||||
2 | constituted a felony under State, federal, or foreign law. | ||||||
3 | (c) Engaging in monetary transactions in property derived | ||||||
4 | from specified unlawful activity occurs in the county from | ||||||
5 | which the monetary transaction is sent, if the monetary | ||||||
6 | transaction is sent from within this State, and the county | ||||||
7 | within this State in which a monetary transaction is received. | ||||||
8 | (d) As used in this Section: | ||||||
9 | (1) "Monetary transaction" means the deposit, | ||||||
10 | withdrawal, transfer, or exchange of funds or a monetary | ||||||
11 | instrument (as defined in paragraph (3) of subsection (b) | ||||||
12 | of Section 29B-1 of this Code) by, through, or to a | ||||||
13 | financial institution (as defined in paragraph (2) of | ||||||
14 | subsection (b) of Section 29B-1 of this Code), including | ||||||
15 | any transaction that would be a financial transaction under | ||||||
16 | paragraph (1) of subsection (b) of Section 29B-1 of this | ||||||
17 | Code, but that term does not include any transaction | ||||||
18 | necessary to preserve a person's right to representation as | ||||||
19 | guaranteed by the Sixth Amendment to the United States | ||||||
20 | Constitution. | ||||||
21 | (2) "Criminally derived property" has the meaning | ||||||
22 | given that term in paragraph (4) of subsection (b) of | ||||||
23 | Section 29B-1 of this Code. | ||||||
24 | (e) Duty to enforce; protective orders; seizure warrants; | ||||||
25 | and forfeiture. All provisions of subsections (e) through (s) | ||||||
26 | of Section 29B-1 of this Code are incorporated by reference |
| |||||||
| |||||||
1 | into this Section. | ||||||
2 | (f) Sentence. | ||||||
3 | (1) Engaging in monetary transactions in criminally | ||||||
4 | derived property exceeding $10,000 but not exceeding | ||||||
5 | $100,000 is a Class 2 felony. | ||||||
6 | (2) Engaging in monetary transactions in criminally | ||||||
7 | derived property exceeding $100,000 but not exceeding | ||||||
8 | $500,000 is a Class 1 felony. | ||||||
9 | (3) Engaging in monetary transactions in criminally | ||||||
10 | derived property exceeding $500,000 but not exceeding | ||||||
11 | $1,000,000 is a Class 1 non-probationable felony. | ||||||
12 | (4) Engaging in monetary transactions in criminally | ||||||
13 | derived property exceeding $1,000,000 is a Class X felony. | ||||||
14 | (g) Fines.
The court may impose an alternate fine to that | ||||||
15 | imposable under paragraph (f) of not more than twice the amount | ||||||
16 | of the criminally derived property involved in the transaction. | ||||||
17 | (720 ILCS 5/29B-3 new) | ||||||
18 | Sec. 29B-3. Unlawful money transmitting business. | ||||||
19 | (a) A person commits unlawful money transmitting business | ||||||
20 | when he or she knowingly conducts, controls, manages, | ||||||
21 | supervises, directs, or owns all or part of an unlawful money | ||||||
22 | transmitting business. | ||||||
23 | (b) As used in this Section: | ||||||
24 | "Money transmitting" means the transmission of money | ||||||
25 | by any means, including transporting, transferring, |
| |||||||
| |||||||
1 | exchanging, or transmitting to or from locations within the | ||||||
2 | United States or to and from locations outside of the | ||||||
3 | United States by payment instrument, facsimile or | ||||||
4 | electronic transfer, or otherwise, and includes bill | ||||||
5 | payment services. | ||||||
6 | "Money transmitting business" means any business other | ||||||
7 | than the exemptions under Section 15 of the Transmitters of | ||||||
8 | Money Act, which provides check cashing, currency | ||||||
9 | exchange, money transmitting or remittance services, or | ||||||
10 | issues, sells, or redeems money orders, travelers' checks, | ||||||
11 | prepaid access devices, digital currencies, or other | ||||||
12 | similar instruments, or any other person or association of | ||||||
13 | persons, formal or informal, engaging as a business in | ||||||
14 | transporting, transferring, exchanging, or transmitting | ||||||
15 | currency or funds in any form, including any person or | ||||||
16 | association of persons, formal or informal, engaging as a | ||||||
17 | business in any informal money transfer system, monetary | ||||||
18 | value represented in digital electronic format, or any | ||||||
19 | network of persons who engage as a business in facilitating | ||||||
20 | the transfer of money domestically or internationally | ||||||
21 | outside of the conventional financial institutions system. | ||||||
22 | "Payment instrument" means a check, draft, money | ||||||
23 | order, traveler's check, stored value card, digital | ||||||
24 | currencies, or other similar instrument, or other | ||||||
25 | instrument or memorandum, written order or written receipt | ||||||
26 | for the transmission or payment of money sold or issued to |
| |||||||
| |||||||
1 | one or more persons whether or not that instrument or order | ||||||
2 | is negotiable. Payment instrument does not include an | ||||||
3 | instrument that is redeemable by the issuer in merchandise | ||||||
4 | or service, a credit card voucher, or a letter of credit. A | ||||||
5 | written order for the transmission or payment of money that | ||||||
6 | results in the issuance of a check, draft, money order, | ||||||
7 | traveler's check, or other instrument or memorandum is not | ||||||
8 | a payment instrument. | ||||||
9 | "Unlawful money transmitting business" means a money | ||||||
10 | transmitting business which: | ||||||
11 | (1) is operated without an appropriate money | ||||||
12 | transmitting license as required under Section 10 of | ||||||
13 | the Transmitters of Money Act, whether or not the | ||||||
14 | defendant knew that the operation was required to be | ||||||
15 | licensed or that the operation was so punishable; or | ||||||
16 | (2) otherwise involves the transportation, | ||||||
17 | transfer, exchange, or transmission of funds that are | ||||||
18 | known to the defendant to have been derived from a | ||||||
19 | criminal offense or are intended to be used to promote | ||||||
20 | or support unlawful activity. | ||||||
21 | (c) Duty to enforce; protective orders; seizure warrants; | ||||||
22 | and forfeiture. All provisions of subsections (e) through (s) | ||||||
23 | of Section 29B-1 of this Code are incorporated by reference | ||||||
24 | into this Section. | ||||||
25 | (d) Sentence. | ||||||
26 | (1) Unlawful money transmitting business where the |
| |||||||
| |||||||
1 | value of the funds does not exceed $10,000 is a Class 3 | ||||||
2 | felony. | ||||||
3 | (2) Unlawful money transmitting business where the | ||||||
4 | value of the funds exceeds $10,000 but does not exceed | ||||||
5 | $100,000 is a Class 2 felony. | ||||||
6 | (3) Unlawful money transmitting business where the | ||||||
7 | value of the funds exceeds $100,000 but does not exceed | ||||||
8 | $500,000 is a Class 1 felony. | ||||||
9 | (4) Unlawful money transmitting business where the | ||||||
10 | value of the funds exceeds $500,000 but does not exceed | ||||||
11 | $1,000,000 is a Class 1 non-probationable felony. | ||||||
12 | (5) Unlawful money transmitting business where the | ||||||
13 | value of the funds exceeds $1,000,000 is a Class X felony. | ||||||
14 | Section 15. The Code of Criminal Procedure of 1963 is | ||||||
15 | amended by changing Section 111-4 as follows:
| ||||||
16 | (725 ILCS 5/111-4)
| ||||||
17 | Sec. 111-4. Joinder of offenses and defendants.
| ||||||
18 | (a) Two or more offenses may be charged in the same | ||||||
19 | indictment,
information or complaint in a separate count for | ||||||
20 | each offense if the
offenses charged, whether felonies or | ||||||
21 | misdemeanors or both, are based on
the same act or on 2 or more | ||||||
22 | acts which are part of the same comprehensive
transaction.
| ||||||
23 | (b) Two or more defendants may be charged in the same | ||||||
24 | indictment,
information or complaint if they are alleged to |
| |||||||
| |||||||
1 | have participated in the
same act or in the same comprehensive | ||||||
2 | transaction out of which the offense
or offenses arose. Such | ||||||
3 | defendants may be charged in one or more counts
together or | ||||||
4 | separately and all of the defendants need not be charged in
| ||||||
5 | each count.
| ||||||
6 | (c) Two or more acts or transactions in violation of any | ||||||
7 | provision or
provisions of Sections 8A-2, 8A-3, 8A-4, 8A-4A and | ||||||
8 | 8A-5 of the Illinois
Public Aid Code, Section 14 of the | ||||||
9 | Illinois Wage Payment and Collection Act, Section 25.5 of the | ||||||
10 | Workers' Compensation Act, Sections 16-1, 16-1.3, 16-2, 16-3, | ||||||
11 | 16-5, 16-7, 16-8, 16-10, 16-25, 16-30, 16-40, 16A-3,
16B-2, | ||||||
12 | 16G-15, 16G-20, 16H-15, 16H-20, 16H-25, 16H-30, 16H-45, | ||||||
13 | 16H-50, 16H-55, 17-1, 17-3, 17-6, 17-6.3, 17-10.6, 17-30, | ||||||
14 | 17-56, or 17-60, 29B-1, 29B-2, or 29B-3, or item (ii) of | ||||||
15 | subsection (a) or (b) of Section 17-9, or subdivision (a)(1) | ||||||
16 | (a)(2) of Section 17-10.5, or subsection (a), (b), (c), (d), | ||||||
17 | (g), (h), or (i) of Section 17-10.6, or subsection (a) of | ||||||
18 | Section 17-32 of the Criminal Code of
1961 or the Criminal Code | ||||||
19 | of 2012 and Section 118 of Division I of the Criminal | ||||||
20 | Jurisprudence Act, may
be charged as a single offense in a | ||||||
21 | single count of the same indictment,
information or complaint, | ||||||
22 | if such acts or transactions by one or more
defendants are in | ||||||
23 | furtherance of a single intention and design or if the
| ||||||
24 | property, labor or services obtained are of the same person or | ||||||
25 | are of
several persons having a common interest in such | ||||||
26 | property, labor or
services. In such a charge, the period |
| |||||||
| |||||||
1 | between the dates of the first and
the final such acts or | ||||||
2 | transactions may be alleged as the date of the
offense and, if | ||||||
3 | any such act or transaction by any defendant was committed
in | ||||||
4 | the county where the prosecution was commenced, such county may | ||||||
5 | be
alleged as the county of the offense.
| ||||||
6 | (Source: P.A. 96-354, eff. 8-13-09; 96-1207, eff. 7-22-10; | ||||||
7 | 96-1407, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-333, eff. | ||||||
8 | 8-12-11; 97-597, eff. 1-1-12; 97-1150, eff. 1-25-13.)
| ||||||
9 | Section 20. The Unified Code of Corrections is amended by | ||||||
10 | changing Section 5-5-3 as follows:
| ||||||
11 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
12 | Sec. 5-5-3. Disposition.
| ||||||
13 | (a) (Blank).
| ||||||
14 | (b) (Blank).
| ||||||
15 | (c) (1) (Blank).
| ||||||
16 | (2) A period of probation, a term of periodic imprisonment | ||||||
17 | or
conditional discharge shall not be imposed for the following | ||||||
18 | offenses.
The court shall sentence the offender to not less | ||||||
19 | than the minimum term
of imprisonment set forth in this Code | ||||||
20 | for the following offenses, and
may order a fine or restitution | ||||||
21 | or both in conjunction with such term of
imprisonment:
| ||||||
22 | (A) First degree murder where the death penalty is not | ||||||
23 | imposed.
| ||||||
24 | (B) Attempted first degree murder.
|
| |||||||
| |||||||
1 | (C) A Class X felony.
| ||||||
2 | (D) A violation of Section 401.1 or 407 of the
Illinois | ||||||
3 | Controlled Substances Act, or a violation of subdivision | ||||||
4 | (c)(1.5) or
(c)(2) of
Section 401 of that Act which relates | ||||||
5 | to more than 5 grams of a substance
containing cocaine, | ||||||
6 | fentanyl, or an analog thereof.
| ||||||
7 | (D-5) A violation of subdivision (c)(1) of
Section 401 | ||||||
8 | of the Illinois Controlled Substances Act which relates to | ||||||
9 | 3 or more grams of a substance
containing heroin or an | ||||||
10 | analog thereof. | ||||||
11 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
12 | Control
Act.
| ||||||
13 | (F) A Class 2 or greater felony if the offender had | ||||||
14 | been convicted
of a Class 2 or greater felony, including | ||||||
15 | any state or federal conviction for an offense that | ||||||
16 | contained, at the time it was committed, the same elements | ||||||
17 | as an offense now (the date of the offense committed after | ||||||
18 | the prior Class 2 or greater felony) classified as a Class | ||||||
19 | 2 or greater felony, within 10 years of the date on which | ||||||
20 | the
offender
committed the offense for which he or she is | ||||||
21 | being sentenced, except as
otherwise provided in Section | ||||||
22 | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency | ||||||
23 | Act.
| ||||||
24 | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of | ||||||
25 | the Criminal Code of 1961 or the Criminal Code of 2012 for | ||||||
26 | which imprisonment is prescribed in those Sections. |
| |||||||
| |||||||
1 | (G) Residential burglary, except as otherwise provided | ||||||
2 | in Section 40-10
of the Alcoholism and Other Drug Abuse and | ||||||
3 | Dependency Act.
| ||||||
4 | (H) Criminal sexual assault.
| ||||||
5 | (I) Aggravated battery of a senior citizen as described | ||||||
6 | in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 | ||||||
7 | of the Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
8 | (J) A forcible felony if the offense was related to the | ||||||
9 | activities of an
organized gang.
| ||||||
10 | Before July 1, 1994, for the purposes of this | ||||||
11 | paragraph, "organized
gang" means an association of 5 or | ||||||
12 | more persons, with an established hierarchy,
that | ||||||
13 | encourages members of the association to perpetrate crimes | ||||||
14 | or provides
support to the members of the association who | ||||||
15 | do commit crimes.
| ||||||
16 | Beginning July 1, 1994, for the purposes of this | ||||||
17 | paragraph,
"organized gang" has the meaning ascribed to it | ||||||
18 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
19 | Prevention Act.
| ||||||
20 | (K) Vehicular hijacking.
| ||||||
21 | (L) A second or subsequent conviction for the offense | ||||||
22 | of hate crime
when the underlying offense upon which the | ||||||
23 | hate crime is based is felony
aggravated
assault or felony | ||||||
24 | mob action.
| ||||||
25 | (M) A second or subsequent conviction for the offense | ||||||
26 | of institutional
vandalism if the damage to the property |
| |||||||
| |||||||
1 | exceeds $300.
| ||||||
2 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
3 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
4 | Identification Card Act.
| ||||||
5 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
6 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
7 | (P) A violation of paragraph (1), (2), (3), (4), (5), | ||||||
8 | or (7) of
subsection (a)
of Section 11-20.1 of the Criminal | ||||||
9 | Code of 1961 or the Criminal Code of 2012.
| ||||||
10 | (Q) A violation of subsection (b) or (b-5) of Section | ||||||
11 | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | ||||||
12 | Code of
1961 or the Criminal Code of 2012.
| ||||||
13 | (R) A violation of Section 24-3A of the Criminal Code | ||||||
14 | of
1961 or the Criminal Code of 2012.
| ||||||
15 | (S) (Blank).
| ||||||
16 | (T) A second or subsequent violation of the | ||||||
17 | Methamphetamine Control and Community Protection Act.
| ||||||
18 | (U) A second or subsequent violation of Section 6-303 | ||||||
19 | of the Illinois Vehicle Code committed while his or her | ||||||
20 | driver's license, permit, or privilege was revoked because | ||||||
21 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
22 | or the Criminal Code of 2012, relating to the offense of | ||||||
23 | reckless homicide, or a similar provision of a law of | ||||||
24 | another state.
| ||||||
25 | (V)
A violation of paragraph (4) of subsection (c) of | ||||||
26 | Section 11-20.1B or paragraph (4) of subsection (c) of |
| |||||||
| |||||||
1 | Section 11-20.3 of the Criminal Code of 1961, or paragraph | ||||||
2 | (6) of subsection (a) of Section 11-20.1 of the Criminal | ||||||
3 | Code of 2012 when the victim is under 13 years of age and | ||||||
4 | the defendant has previously been convicted under the laws | ||||||
5 | of this State or any other state of the offense of child | ||||||
6 | pornography, aggravated child pornography, aggravated | ||||||
7 | criminal sexual abuse, aggravated criminal sexual assault, | ||||||
8 | predatory criminal sexual assault of a child, or any of the | ||||||
9 | offenses formerly known as rape, deviate sexual assault, | ||||||
10 | indecent liberties with a child, or aggravated indecent | ||||||
11 | liberties with a child where the victim was under the age | ||||||
12 | of 18 years or an offense that is substantially equivalent | ||||||
13 | to those offenses. | ||||||
14 | (W) A violation of Section 24-3.5 of the Criminal Code | ||||||
15 | of 1961 or the Criminal Code of 2012.
| ||||||
16 | (X) A violation of subsection (a) of Section 31-1a of | ||||||
17 | the Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
18 | (Y) A conviction for unlawful possession of a firearm | ||||||
19 | by a street gang member when the firearm was loaded or | ||||||
20 | contained firearm ammunition. | ||||||
21 | (Z) A Class 1 felony committed while he or she was | ||||||
22 | serving a term of probation or conditional discharge for a | ||||||
23 | felony. | ||||||
24 | (AA) Theft of property exceeding $500,000 and not | ||||||
25 | exceeding $1,000,000 in value. | ||||||
26 | (BB) Laundering of criminally derived property of a |
| |||||||
| |||||||
1 | value exceeding
$500,000. | ||||||
2 | (CC) Knowingly selling, offering for sale, holding for | ||||||
3 | sale, or using 2,000 or more counterfeit items or | ||||||
4 | counterfeit items having a retail value in the aggregate of | ||||||
5 | $500,000 or more. | ||||||
6 | (DD) A conviction for aggravated assault under | ||||||
7 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
8 | Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
9 | firearm is aimed toward the person against whom the firearm | ||||||
10 | is being used. | ||||||
11 | (EE) Engaging in monetary transactions in criminally | ||||||
12 | derived property exceeding $500,000. | ||||||
13 | (FF) Unlawful money transmitting business where the | ||||||
14 | value of the funds exceeds $500,000. | ||||||
15 | (3) (Blank).
| ||||||
16 | (4) A minimum term of imprisonment of not less than 10
| ||||||
17 | consecutive days or 30 days of community service shall be | ||||||
18 | imposed for a
violation of paragraph (c) of Section 6-303 of | ||||||
19 | the Illinois Vehicle Code.
| ||||||
20 | (4.1) (Blank).
| ||||||
21 | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | ||||||
22 | this subsection (c), a
minimum of
100 hours of community | ||||||
23 | service shall be imposed for a second violation of
Section | ||||||
24 | 6-303
of the Illinois Vehicle Code.
| ||||||
25 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
26 | hours of community
service, as determined by the court, shall
|
| |||||||
| |||||||
1 | be imposed for a second violation of subsection (c) of Section | ||||||
2 | 6-303 of the
Illinois Vehicle Code.
| ||||||
3 | (4.4) Except as provided in paragraphs
(4.5), (4.6), and | ||||||
4 | (4.9) of this
subsection (c), a
minimum term of imprisonment of | ||||||
5 | 30 days or 300 hours of community service, as
determined by the | ||||||
6 | court, shall
be imposed
for a third or subsequent violation of | ||||||
7 | Section 6-303 of the Illinois Vehicle
Code.
| ||||||
8 | (4.5) A minimum term of imprisonment of 30 days
shall be | ||||||
9 | imposed for a third violation of subsection (c) of
Section | ||||||
10 | 6-303 of the Illinois Vehicle Code.
| ||||||
11 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
12 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
13 | shall be imposed for a
fourth or subsequent violation of | ||||||
14 | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
15 | (4.7) A minimum term of imprisonment of not less than 30 | ||||||
16 | consecutive days, or 300 hours of community service, shall be | ||||||
17 | imposed for a violation of subsection (a-5) of Section 6-303 of | ||||||
18 | the Illinois Vehicle Code, as provided in subsection (b-5) of | ||||||
19 | that Section.
| ||||||
20 | (4.8) A mandatory prison sentence shall be imposed for a | ||||||
21 | second violation of subsection (a-5) of Section 6-303 of the | ||||||
22 | Illinois Vehicle Code, as provided in subsection (c-5) of that | ||||||
23 | Section. The person's driving privileges shall be revoked for a | ||||||
24 | period of not less than 5 years from the date of his or her | ||||||
25 | release from prison.
| ||||||
26 | (4.9) A mandatory prison sentence of not less than 4 and |
| |||||||
| |||||||
1 | not more than 15 years shall be imposed for a third violation | ||||||
2 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||||||
3 | Code, as provided in subsection (d-2.5) of that Section. The | ||||||
4 | person's driving privileges shall be revoked for the remainder | ||||||
5 | of his or her life.
| ||||||
6 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
7 | shall be imposed, and the person shall be eligible for an | ||||||
8 | extended term sentence, for a fourth or subsequent violation of | ||||||
9 | subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, | ||||||
10 | as provided in subsection (d-3.5) of that Section. The person's | ||||||
11 | driving privileges shall be revoked for the remainder of his or | ||||||
12 | her life.
| ||||||
13 | (5) The court may sentence a corporation or unincorporated
| ||||||
14 | association convicted of any offense to:
| ||||||
15 | (A) a period of conditional discharge;
| ||||||
16 | (B) a fine;
| ||||||
17 | (C) make restitution to the victim under Section 5-5-6 | ||||||
18 | of this Code.
| ||||||
19 | (5.1) In addition to any other penalties imposed, and | ||||||
20 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
21 | convicted of violating subsection (c) of Section 11-907 of the | ||||||
22 | Illinois
Vehicle Code shall have his or her driver's license, | ||||||
23 | permit, or privileges
suspended for at least 90 days but not | ||||||
24 | more than one year, if the violation
resulted in damage to the | ||||||
25 | property of another person.
| ||||||
26 | (5.2) In addition to any other penalties imposed, and |
| |||||||
| |||||||
1 | except as provided in paragraph (5.3), a person convicted
of | ||||||
2 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
3 | Vehicle Code
shall have his or her driver's license, permit, or | ||||||
4 | privileges suspended for at
least 180 days but not more than 2 | ||||||
5 | years, if the violation resulted in injury
to
another person.
| ||||||
6 | (5.3) In addition to any other penalties imposed, a person | ||||||
7 | convicted of violating subsection (c) of Section
11-907 of the | ||||||
8 | Illinois Vehicle Code shall have his or her driver's license,
| ||||||
9 | permit, or privileges suspended for 2 years, if the violation | ||||||
10 | resulted in the
death of another person.
| ||||||
11 | (5.4) In addition to any other penalties imposed, a person | ||||||
12 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
13 | Code shall have his or her driver's license, permit, or | ||||||
14 | privileges suspended for 3 months and until he or she has paid | ||||||
15 | a reinstatement fee of $100. | ||||||
16 | (5.5) In addition to any other penalties imposed, a person | ||||||
17 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
18 | Code during a period in which his or her driver's license, | ||||||
19 | permit, or privileges were suspended for a previous violation | ||||||
20 | of that Section shall have his or her driver's license, permit, | ||||||
21 | or privileges suspended for an additional 6 months after the | ||||||
22 | expiration of the original 3-month suspension and until he or | ||||||
23 | she has paid a reinstatement fee of $100.
| ||||||
24 | (6) (Blank).
| ||||||
25 | (7) (Blank).
| ||||||
26 | (8) (Blank).
|
| |||||||
| |||||||
1 | (9) A defendant convicted of a second or subsequent offense | ||||||
2 | of ritualized
abuse of a child may be sentenced to a term of | ||||||
3 | natural life imprisonment.
| ||||||
4 | (10) (Blank).
| ||||||
5 | (11) The court shall impose a minimum fine of $1,000 for a | ||||||
6 | first offense
and $2,000 for a second or subsequent offense | ||||||
7 | upon a person convicted of or
placed on supervision for battery | ||||||
8 | when the individual harmed was a sports
official or coach at | ||||||
9 | any level of competition and the act causing harm to the
sports
| ||||||
10 | official or coach occurred within an athletic facility or | ||||||
11 | within the immediate vicinity
of the athletic facility at which | ||||||
12 | the sports official or coach was an active
participant
of the | ||||||
13 | athletic contest held at the athletic facility. For the | ||||||
14 | purposes of
this paragraph (11), "sports official" means a | ||||||
15 | person at an athletic contest
who enforces the rules of the | ||||||
16 | contest, such as an umpire or referee; "athletic facility" | ||||||
17 | means an indoor or outdoor playing field or recreational area | ||||||
18 | where sports activities are conducted;
and "coach" means a | ||||||
19 | person recognized as a coach by the sanctioning
authority that | ||||||
20 | conducted the sporting event. | ||||||
21 | (12) A person may not receive a disposition of court | ||||||
22 | supervision for a
violation of Section 5-16 of the Boat | ||||||
23 | Registration and Safety Act if that
person has previously | ||||||
24 | received a disposition of court supervision for a
violation of | ||||||
25 | that Section.
| ||||||
26 | (13) A person convicted of or placed on court supervision |
| |||||||
| |||||||
1 | for an assault or aggravated assault when the victim and the | ||||||
2 | offender are family or household members as defined in Section | ||||||
3 | 103 of the Illinois Domestic Violence Act of 1986 or convicted | ||||||
4 | of domestic battery or aggravated domestic battery may be | ||||||
5 | required to attend a Partner Abuse Intervention Program under | ||||||
6 | protocols set forth by the Illinois Department of Human | ||||||
7 | Services under such terms and conditions imposed by the court. | ||||||
8 | The costs of such classes shall be paid by the offender.
| ||||||
9 | (d) In any case in which a sentence originally imposed is | ||||||
10 | vacated,
the case shall be remanded to the trial court. The | ||||||
11 | trial court shall
hold a hearing under Section 5-4-1 of the | ||||||
12 | Unified Code of Corrections
which may include evidence of the | ||||||
13 | defendant's life, moral character and
occupation during the | ||||||
14 | time since the original sentence was passed. The
trial court | ||||||
15 | shall then impose sentence upon the defendant. The trial
court | ||||||
16 | may impose any sentence which could have been imposed at the
| ||||||
17 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
18 | Corrections.
If a sentence is vacated on appeal or on | ||||||
19 | collateral attack due to the
failure of the trier of fact at | ||||||
20 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
21 | fact (other than a prior conviction) necessary to increase the
| ||||||
22 | punishment for the offense beyond the statutory maximum | ||||||
23 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
24 | to a term within the range otherwise
provided or, if the State | ||||||
25 | files notice of its intention to again seek the
extended | ||||||
26 | sentence, the defendant shall be afforded a new trial.
|
| |||||||
| |||||||
1 | (e) In cases where prosecution for
aggravated criminal | ||||||
2 | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||||||
3 | Code of 1961 or the Criminal Code of 2012 results in conviction | ||||||
4 | of a defendant
who was a family member of the victim at the | ||||||
5 | time of the commission of the
offense, the court shall consider | ||||||
6 | the safety and welfare of the victim and
may impose a sentence | ||||||
7 | of probation only where:
| ||||||
8 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
9 | (A) the defendant is willing to undergo a court | ||||||
10 | approved counseling
program for a minimum duration of 2 | ||||||
11 | years; or
| ||||||
12 | (B) the defendant is willing to participate in a | ||||||
13 | court approved plan
including but not limited to the | ||||||
14 | defendant's:
| ||||||
15 | (i) removal from the household;
| ||||||
16 | (ii) restricted contact with the victim;
| ||||||
17 | (iii) continued financial support of the | ||||||
18 | family;
| ||||||
19 | (iv) restitution for harm done to the victim; | ||||||
20 | and
| ||||||
21 | (v) compliance with any other measures that | ||||||
22 | the court may
deem appropriate; and
| ||||||
23 | (2) the court orders the defendant to pay for the | ||||||
24 | victim's counseling
services, to the extent that the court | ||||||
25 | finds, after considering the
defendant's income and | ||||||
26 | assets, that the defendant is financially capable of
paying |
| |||||||
| |||||||
1 | for such services, if the victim was under 18 years of age | ||||||
2 | at the
time the offense was committed and requires | ||||||
3 | counseling as a result of the
offense.
| ||||||
4 | Probation may be revoked or modified pursuant to Section | ||||||
5 | 5-6-4; except
where the court determines at the hearing that | ||||||
6 | the defendant violated a
condition of his or her probation | ||||||
7 | restricting contact with the victim or
other family members or | ||||||
8 | commits another offense with the victim or other
family | ||||||
9 | members, the court shall revoke the defendant's probation and
| ||||||
10 | impose a term of imprisonment.
| ||||||
11 | For the purposes of this Section, "family member" and | ||||||
12 | "victim" shall have
the meanings ascribed to them in Section | ||||||
13 | 11-0.1 of the Criminal Code of
2012.
| ||||||
14 | (f) (Blank).
| ||||||
15 | (g) Whenever a defendant is convicted of an offense under | ||||||
16 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||||||
17 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
18 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
19 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||||||
20 | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
21 | Criminal Code of 2012,
the defendant shall undergo medical | ||||||
22 | testing to
determine whether the defendant has any sexually | ||||||
23 | transmissible disease,
including a test for infection with | ||||||
24 | human immunodeficiency virus (HIV) or
any other identified | ||||||
25 | causative agent of acquired immunodeficiency syndrome
(AIDS). | ||||||
26 | Any such medical test shall be performed only by appropriately
|
| |||||||
| |||||||
1 | licensed medical practitioners and may include an analysis of | ||||||
2 | any bodily
fluids as well as an examination of the defendant's | ||||||
3 | person.
Except as otherwise provided by law, the results of | ||||||
4 | such test shall be kept
strictly confidential by all medical | ||||||
5 | personnel involved in the testing and must
be personally | ||||||
6 | delivered in a sealed envelope to the judge of the court in | ||||||
7 | which
the conviction was entered for the judge's inspection in | ||||||
8 | camera. Acting in
accordance with the best interests of the | ||||||
9 | victim and the public, the judge
shall have the discretion to | ||||||
10 | determine to whom, if anyone, the results of the
testing may be | ||||||
11 | revealed. The court shall notify the defendant
of the test | ||||||
12 | results. The court shall
also notify the victim if requested by | ||||||
13 | the victim, and if the victim is under
the age of 15 and if | ||||||
14 | requested by the victim's parents or legal guardian, the
court | ||||||
15 | shall notify the victim's parents or legal guardian of the test
| ||||||
16 | results.
The court shall provide information on the | ||||||
17 | availability of HIV testing
and counseling at Department of | ||||||
18 | Public Health facilities to all parties to
whom the results of | ||||||
19 | the testing are revealed and shall direct the State's
Attorney | ||||||
20 | to provide the information to the victim when possible.
A | ||||||
21 | State's Attorney may petition the court to obtain the results | ||||||
22 | of any HIV test
administered under this Section, and the court | ||||||
23 | shall grant the disclosure if
the State's Attorney shows it is | ||||||
24 | relevant in order to prosecute a charge of
criminal | ||||||
25 | transmission of HIV under Section 12-5.01 or 12-16.2 of the | ||||||
26 | Criminal Code of 1961 or the Criminal Code of 2012
against the |
| |||||||
| |||||||
1 | defendant. The court shall order that the cost of any such test
| ||||||
2 | shall be paid by the county and may be taxed as costs against | ||||||
3 | the convicted
defendant.
| ||||||
4 | (g-5) When an inmate is tested for an airborne communicable | ||||||
5 | disease, as
determined by the Illinois Department of Public | ||||||
6 | Health including but not
limited to tuberculosis, the results | ||||||
7 | of the test shall be
personally delivered by the warden or his | ||||||
8 | or her designee in a sealed envelope
to the judge of the court | ||||||
9 | in which the inmate must appear for the judge's
inspection in | ||||||
10 | camera if requested by the judge. Acting in accordance with the
| ||||||
11 | best interests of those in the courtroom, the judge shall have | ||||||
12 | the discretion
to determine what if any precautions need to be | ||||||
13 | taken to prevent transmission
of the disease in the courtroom.
| ||||||
14 | (h) Whenever a defendant is convicted of an offense under | ||||||
15 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
16 | defendant shall undergo
medical testing to determine whether | ||||||
17 | the defendant has been exposed to human
immunodeficiency virus | ||||||
18 | (HIV) or any other identified causative agent of
acquired | ||||||
19 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
20 | by
law, the results of such test shall be kept strictly | ||||||
21 | confidential by all
medical personnel involved in the testing | ||||||
22 | and must be personally delivered in a
sealed envelope to the | ||||||
23 | judge of the court in which the conviction was entered
for the | ||||||
24 | judge's inspection in camera. Acting in accordance with the | ||||||
25 | best
interests of the public, the judge shall have the | ||||||
26 | discretion to determine to
whom, if anyone, the results of the |
| |||||||
| |||||||
1 | testing may be revealed. The court shall
notify the defendant | ||||||
2 | of a positive test showing an infection with the human
| ||||||
3 | immunodeficiency virus (HIV). The court shall provide | ||||||
4 | information on the
availability of HIV testing and counseling | ||||||
5 | at Department of Public Health
facilities to all parties to | ||||||
6 | whom the results of the testing are revealed and
shall direct | ||||||
7 | the State's Attorney to provide the information to the victim | ||||||
8 | when
possible. A State's Attorney may petition the court to | ||||||
9 | obtain the results of
any HIV test administered under this | ||||||
10 | Section, and the court shall grant the
disclosure if the | ||||||
11 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
12 | charge of criminal transmission of HIV under Section 12-5.01 or | ||||||
13 | 12-16.2 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
14 | 2012 against the defendant. The court shall order that the cost | ||||||
15 | of any
such test shall be paid by the county and may be taxed as | ||||||
16 | costs against the
convicted defendant.
| ||||||
17 | (i) All fines and penalties imposed under this Section for | ||||||
18 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
19 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
20 | any violation
of the Child Passenger Protection Act, or a | ||||||
21 | similar provision of a local
ordinance, shall be collected and | ||||||
22 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
23 | of the Clerks of Courts Act.
| ||||||
24 | (j) In cases when prosecution for any violation of Section | ||||||
25 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||||||
26 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, |
| |||||||
| |||||||
1 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
2 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
3 | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal | ||||||
4 | Code of 2012, any violation of the Illinois Controlled | ||||||
5 | Substances Act,
any violation of the Cannabis Control Act, or | ||||||
6 | any violation of the Methamphetamine Control and Community | ||||||
7 | Protection Act results in conviction, a
disposition of court | ||||||
8 | supervision, or an order of probation granted under
Section 10 | ||||||
9 | of the Cannabis Control Act, Section 410 of the Illinois
| ||||||
10 | Controlled Substances Act, or Section 70 of the Methamphetamine | ||||||
11 | Control and Community Protection Act of a defendant, the court | ||||||
12 | shall determine whether the
defendant is employed by a facility | ||||||
13 | or center as defined under the Child Care
Act of 1969, a public | ||||||
14 | or private elementary or secondary school, or otherwise
works | ||||||
15 | with children under 18 years of age on a daily basis. When a | ||||||
16 | defendant
is so employed, the court shall order the Clerk of | ||||||
17 | the Court to send a copy of
the judgment of conviction or order | ||||||
18 | of supervision or probation to the
defendant's employer by | ||||||
19 | certified mail.
If the employer of the defendant is a school, | ||||||
20 | the Clerk of the Court shall
direct the mailing of a copy of | ||||||
21 | the judgment of conviction or order of
supervision or probation | ||||||
22 | to the appropriate regional superintendent of schools.
The | ||||||
23 | regional superintendent of schools shall notify the State Board | ||||||
24 | of
Education of any notification under this subsection.
| ||||||
25 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
26 | of a felony and
who has not been previously convicted of a |
| |||||||
| |||||||
1 | misdemeanor or felony and who is
sentenced to a term of | ||||||
2 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
3 | a condition of his or her sentence be required by the court to | ||||||
4 | attend
educational courses designed to prepare the defendant | ||||||
5 | for a high school diploma
and to work toward a high school | ||||||
6 | diploma or to work toward passing high school equivalency | ||||||
7 | testing or to work toward
completing a vocational training | ||||||
8 | program offered by the Department of
Corrections. If a | ||||||
9 | defendant fails to complete the educational training
required | ||||||
10 | by his or her sentence during the term of incarceration, the | ||||||
11 | Prisoner
Review Board shall, as a condition of mandatory | ||||||
12 | supervised release, require the
defendant, at his or her own | ||||||
13 | expense, to pursue a course of study toward a high
school | ||||||
14 | diploma or passage of high school equivalency testing. The | ||||||
15 | Prisoner Review Board shall
revoke the mandatory supervised | ||||||
16 | release of a defendant who wilfully fails to
comply with this | ||||||
17 | subsection (j-5) upon his or her release from confinement in a
| ||||||
18 | penal institution while serving a mandatory supervised release | ||||||
19 | term; however,
the inability of the defendant after making a | ||||||
20 | good faith effort to obtain
financial aid or pay for the | ||||||
21 | educational training shall not be deemed a wilful
failure to | ||||||
22 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
23 | whose mandatory supervised release term has been revoked under | ||||||
24 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
25 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
26 | school diploma or has successfully passed high school |
| |||||||
| |||||||
1 | equivalency testing. This subsection (j-5) does not apply to a | ||||||
2 | defendant who is determined by
the court to be developmentally | ||||||
3 | disabled or otherwise mentally incapable of
completing the | ||||||
4 | educational or vocational program.
| ||||||
5 | (k) (Blank).
| ||||||
6 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
7 | (l), whenever a defendant,
who is an alien as defined by the | ||||||
8 | Immigration and Nationality Act, is convicted
of any felony or | ||||||
9 | misdemeanor offense, the court after sentencing the defendant
| ||||||
10 | may, upon motion of the State's Attorney, hold sentence in | ||||||
11 | abeyance and remand
the defendant to the custody of the | ||||||
12 | Attorney General of
the United States or his or her designated | ||||||
13 | agent to be deported when:
| ||||||
14 | (1) a final order of deportation has been issued | ||||||
15 | against the defendant
pursuant to proceedings under the | ||||||
16 | Immigration and Nationality Act, and
| ||||||
17 | (2) the deportation of the defendant would not | ||||||
18 | deprecate the seriousness
of the defendant's conduct and | ||||||
19 | would not be inconsistent with the ends of
justice.
| ||||||
20 | Otherwise, the defendant shall be sentenced as provided in | ||||||
21 | this Chapter V.
| ||||||
22 | (B) If the defendant has already been sentenced for a | ||||||
23 | felony or
misdemeanor
offense, or has been placed on probation | ||||||
24 | under Section 10 of the Cannabis
Control Act,
Section 410 of | ||||||
25 | the Illinois Controlled Substances Act, or Section 70 of the | ||||||
26 | Methamphetamine Control and Community Protection Act, the |
| |||||||
| |||||||
1 | court
may, upon motion of the State's Attorney to suspend the
| ||||||
2 | sentence imposed, commit the defendant to the custody of the | ||||||
3 | Attorney General
of the United States or his or her designated | ||||||
4 | agent when:
| ||||||
5 | (1) a final order of deportation has been issued | ||||||
6 | against the defendant
pursuant to proceedings under the | ||||||
7 | Immigration and Nationality Act, and
| ||||||
8 | (2) the deportation of the defendant would not | ||||||
9 | deprecate the seriousness
of the defendant's conduct and | ||||||
10 | would not be inconsistent with the ends of
justice.
| ||||||
11 | (C) This subsection (l) does not apply to offenders who are | ||||||
12 | subject to the
provisions of paragraph (2) of subsection (a) of | ||||||
13 | Section 3-6-3.
| ||||||
14 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
15 | sentenced under
this Section returns to the jurisdiction of the | ||||||
16 | United States, the defendant
shall be recommitted to the | ||||||
17 | custody of the county from which he or she was
sentenced.
| ||||||
18 | Thereafter, the defendant shall be brought before the | ||||||
19 | sentencing court, which
may impose any sentence that was | ||||||
20 | available under Section 5-5-3 at the time of
initial | ||||||
21 | sentencing. In addition, the defendant shall not be eligible | ||||||
22 | for
additional sentence credit for good conduct as provided | ||||||
23 | under
Section 3-6-3.
| ||||||
24 | (m) A person convicted of criminal defacement of property | ||||||
25 | under Section
21-1.3 of the Criminal Code of 1961 or the | ||||||
26 | Criminal Code of 2012, in which the property damage exceeds |
| |||||||
| |||||||
1 | $300
and the property damaged is a school building, shall be | ||||||
2 | ordered to perform
community service that may include cleanup, | ||||||
3 | removal, or painting over the
defacement.
| ||||||
4 | (n) The court may sentence a person convicted of a | ||||||
5 | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||||||
6 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
7 | of 1961 or the Criminal Code of 2012 (i) to an impact
| ||||||
8 | incarceration program if the person is otherwise eligible for | ||||||
9 | that program
under Section 5-8-1.1, (ii) to community service, | ||||||
10 | or (iii) if the person is an
addict or alcoholic, as defined in | ||||||
11 | the Alcoholism and Other Drug Abuse and
Dependency Act, to a | ||||||
12 | substance or alcohol abuse program licensed under that
Act. | ||||||
13 | (o) Whenever a person is convicted of a sex offense as | ||||||
14 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
15 | defendant's driver's license or permit shall be subject to | ||||||
16 | renewal on an annual basis in accordance with the provisions of | ||||||
17 | license renewal established by the Secretary of State.
| ||||||
18 | (Source: P.A. 97-159, eff. 7-21-11; 97-697, eff. 6-22-12; | ||||||
19 | 97-917, eff. 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff. | ||||||
20 | 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. 1-1-15; 98-756, | ||||||
21 | eff. 7-16-14 .)
|