HOUSE OF REPRESENTATIVES 8231
HOUSE JOURNAL
HOUSE OF REPRESENTATIVES
NINETY-FIRST GENERAL ASSEMBLY
2ND LEGISLATIVE DAY
SECOND SPECIAL SESSION
FRIDAY, DECEMBER 17, 1999
11:00 O'CLOCK A.M.
The House met pursuant to adjournment.
The Speaker in the Chair.
Prayer by Representative Wanda Sharp with Progressive Life Giving
Word Cathedral in Maywood, Illinois.
Representative Persico led the House in the Pledge of Allegiance.
By direction of the Speaker, a roll call was taken to ascertain
the attendance of Members, as follows:
110 present. (ROLL CALL 1-2ss)
By unanimous consent, Representatives Black, Murphy, Pankau,
Schoenberg and Slone were excused from attendance.
COMMITTEE ON RULES
REFERRALS
Representative Barbara Flynn Currie, Chairperson of the Committee
on Rules, reported the following legislative measures and/or joint
action motions have been assigned as follows:
Committee on Judiciary II-Criminal Law: House Amendments 1 and 2
to SENATE BILL 224.
RECESS
At the hour of 11:16 o'clock a.m., Speaker Madigan moved that the
House do now take a recess until the call of the Chair.
The motion prevailed.
At the hour of 2:15 o'clock p.m., the House resumed its session.
Speaker Madigan in the Chair.
REPORTS FROM STANDING COMMITTEES
8232 JOURNAL OF THE [December 17, 1999]
Representative Gash, Chairperson, from the Committee on Judiciary
II-Criminal Law to which the following were referred, action taken
earlier today, and reported the same back with the following
recommendations:
That the Floor Amendment be reported "recommends be adopted":
Amendment No. 2 to SENATE BILL 224.
The committee roll call vote on House Amendment No. 2 to SENATE
BILL 224 is as follows:
11, Yeas; 2, Nays; 0, Answering Present.
Y Gash, Chair Y Lindner
Y Bradley Y Lyons, Eileen
Y Delgado Y O'Brien
Y Durkin Y Scully
Y Johnson, Tom N Smith, Michael, Vice-Chair
Y Jones, Lou (Silva) N Turner, John
Y Winkel, Spkpn
HOUSE BILLS ON SECOND READING
SENATE BILL 224. Having been recalled and held on April 29,
1999, and held on the order of Second Reading, the same was again
taken up.
Floor Amendment No. 1 remained in the Committee on Judiciary
II-Criminal Law.
Representative Currie offered the following amendment and moved
its adoption:
AMENDMENT NO. 2 TO SENATE BILL 224
AMENDMENT NO. 2. Amend Senate Bill 224 by replacing everything
above the enacting clause with the following:
"AN ACT to re-enact various criminal provisions of Public Act
88-680 and to amend the Criminal Code of 1961 and the Criminal
Identification Act."; and
by replacing everything below the enacting clause with the following:
"Section 1. Purpose.
(1) The General Assembly finds and declares that:
(i) Public Act 88-680, effective January 1, 1995, contained
provisions amending various criminal statutes. Public Act 88-680
also contained other provisions.
(ii) In addition, Public Act 88-680 was entitled "AN ACT to
create a Safe Neighborhoods Law". (A) Article 5 was entitled
JUVENILE JUSTICE and amended the Juvenile Court Act of 1987. (B)
Article 15 was entitled GANGS and amended various provisions of
the Criminal Code of 1961 and the Unified Code of Corrections.
(C) Article 20 was entitled ALCOHOL ABUSE and amended various
provisions of the Illinois Vehicle Code. (D) Article 25 was
entitled DRUG ABUSE and amended the Cannabis Control Act and the
Illinois Controlled Substances Act. (E) Article 30 was entitled
FIREARMS and amended the Criminal Code of 1961 and the Code of
Criminal Procedure of 1963. (F) Article 35 amended the Criminal
Code of 1961, the Rights of Crime Victims and Witnesses Act, and
the Unified Code of Corrections. (G) Article 40 amended the
Criminal Code of 1961 to increase the penalty for compelling
organization membership of persons. (H) Article 45 created the
Secure Residential Youth Care Facility Licensing Act and amended
HOUSE OF REPRESENTATIVES 8233
the State Finance Act, the Juvenile Court Act of 1987, the
Unified Code of Corrections, and the Private Correctional
Facility Moratorium Act. (I) Article 50 amended the WIC Vendor
Management Act, the Firearm Owners Identification Card Act, the
Juvenile Court Act of 1987, the Criminal Code of 1961, the Wrongs
to Children Act, and the Unified Code of Corrections.
(iii) On December 2, 1999, the Illinois Supreme Court, in
People v. Cervantes, Docket No. 87229, ruled that Public Act
88-680 violates the single subject clause of the Illinois
Constitution (Article IV, Section 8 (d)) and was unconstitutional
in its entirety.
(iv) The criminal provisions of Public Act 88-680 are of
vital concern to the people of this State and legislative action
concerning various criminal provisions of Public Act 88-680 is
necessary.
(2) It is the purpose of this Act to re-enact various criminal
provisions (other than provisions relating to child pornography and
WIC Fraud that have been re-enacted by Public Acts 91-54 and 91-155
and provisions amending Section 6 of the Firearm Owners
Identification Act) contained in Public Act 88-680, including
subsequent amendments. This re-enactment is intended to remove any
question as to the validity or content of those provisions.
(3) This Act re-enacts various criminal provisions (other than
provisions relating to child pornography and WIC Fraud that have been
re-enacted by Public Acts 91-54 and 91-155 and provisions amending
Section 6 of the Firearm Owners Identification Act) contained in
Public Act 88-680, including subsequent amendments, to remove any
question as to the validity or content of those provisions; it is not
intended to supersede any other Public Act that amends the text of
the Sections as set forth in this Act. The material is shown as
existing text (i.e., without underscoring), except (i) for technical
changes having a revisory function and (ii) as provided in subsection
(4).
(4) In addition to re-enacting Section 24-1 of the Criminal Code
of 1961, this Act amends that Section. This Act also amends the
Criminal Identification Act by changing Section 5. The amendments
are shown by underscoring and striking text.
ARTICLE 15. GANGS
Section 15-5. The Criminal Code of 1961 is amended by
re-enacting Sections 12-6, 32-4, and 32-4a as follows:
(720 ILCS 5/12-6) (from Ch. 38, par. 12-6)
Sec. 12-6. Intimidation.
(a) A person commits intimidation when, with intent to cause
another to perform or to omit the performance of any act, he
communicates to another, whether in person, by telephone or by mail,
a threat to perform without lawful authority any of the following
acts:
(1) Inflict physical harm on the person threatened or any
other person or on property; or
(2) Subject any person to physical confinement or
restraint; or
(3) Commit any criminal offense; or
(4) Accuse any person of an offense; or
(5) Expose any person to hatred, contempt or ridicule; or
(6) Take action as a public official against anyone or
anything, or withhold official action, or cause such action or
withholding; or
(7) Bring about or continue a strike, boycott or other
collective action.
(b) Sentence.
Intimidation is a Class 3 felony for which an offender may be
8234 JOURNAL OF THE [December 17, 1999]
sentenced to a term of imprisonment of not less than 2 years and not
more than 10 years.
(Source: P.A. 88-680, eff. 1-1-95.)
(720 ILCS 5/32-4) (from Ch. 38, par. 32-4)
Sec. 32-4. Communicating with jurors and witnesses.
(a) A person who, with intent to influence any person whom he
believes has been summoned as a juror, regarding any matter which is
or may be brought before such juror, communicates, directly or
indirectly, with such juror otherwise than as authorized by law
commits a Class 4 felony.
(b) A person who, with intent to deter any party or witness from
testifying freely, fully and truthfully to any matter pending in any
court, or before a Grand Jury, Administrative agency or any other
State or local governmental unit, forcibly detains such party or
witness, or communicates, directly or indirectly, to such party or
witness any knowingly false information or a threat of injury or
damage to the property or person of any individual or offers or
delivers or threatens to withhold money or another thing of value to
any individual commits a Class 3 felony.
(Source: P.A. 88-680, eff. 1-1-95; 89-377, eff. 8-18-95.)
(720 ILCS 5/32-4a) (from Ch. 38, par. 32-4a)
Sec. 32-4a. Harassment of representatives for the child, jurors,
witnesses and family members of representatives for the child,
jurors, and witnesses.
(a) A person who, with intent to harass or annoy one who has
served or is serving or who is a family member of a person who has
served or is serving (1) as a juror because of the verdict returned
by the jury in a pending legal proceeding or the participation of the
juror in the verdict or (2) as a witness, or who may be expected to
serve as a witness in a pending legal proceeding, because of the
testimony or potential testimony of the witness, communicates
directly or indirectly with the juror, witness, or family member of a
juror or witness in such manner as to produce mental anguish or
emotional distress or who conveys a threat of injury or damage to the
property or person of any juror, witness, or family member of the
juror or witness commits a Class 2 felony.
(b) A person who, with intent to harass or annoy one who has
served or is serving or who is a family member of a person who has
served or is serving as a representative for the child, appointed
under Section 506 of the Illinois Marriage and Dissolution of
Marriage Act, Section 12 of the Uniform Child Custody Jurisdiction
Act, or Section 2-502 of the Code of Civil Procedure, because of the
representative service of that capacity, communicates directly or
indirectly with the representative or a family member of the
representative in such manner as to produce mental anguish or
emotional distress or who conveys a threat of injury or damage to the
property or person of any representative or a family member of the
representative commits a Class A misdemeanor.
(c) For purposes of this Section, "family member" means a
spouse, parent, child, stepchild or other person related by blood or
by present marriage, a person who has, or allegedly has a child in
common, and a person who shares or allegedly shares a blood
relationship through a child.
(Source: P.A. 89-686, eff. 6-1-97; 90-126, eff. 1-1-98.)
Section 15-15. The Unified Code of Corrections is amended by
re-enacting Sections 5-5-3.2, 5-6-3, and 5-6-3.1 as follows:
(730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
Sec. 5-5-3.2. Factors in Aggravation.
(a) The following factors shall be accorded weight in favor of
imposing a term of imprisonment or may be considered by the court as
reasons to impose a more severe sentence under Section 5-8-1:
HOUSE OF REPRESENTATIVES 8235
(1) the defendant's conduct caused or threatened serious
harm;
(2) the defendant received compensation for committing the
offense;
(3) the defendant has a history of prior delinquency or
criminal activity;
(4) the defendant, by the duties of his office or by his
position, was obliged to prevent the particular offense committed
or to bring the offenders committing it to justice;
(5) the defendant held public office at the time of the
offense, and the offense related to the conduct of that office;
(6) the defendant utilized his professional reputation or
position in the community to commit the offense, or to afford him
an easier means of committing it;
(7) the sentence is necessary to deter others from
committing the same crime;
(8) the defendant committed the offense against a person 60
years of age or older or such person's property;
(9) the defendant committed the offense against a person
who is physically handicapped or such person's property;
(10) by reason of another individual's actual or perceived
race, color, creed, religion, ancestry, gender, sexual
orientation, physical or mental disability, or national origin,
the defendant committed the offense against (i) the person or
property of that individual; (ii) the person or property of a
person who has an association with, is married to, or has a
friendship with the other individual; or (iii) the person or
property of a relative (by blood or marriage) of a person
described in clause (i) or (ii). For the purposes of this
Section, "sexual orientation" means heterosexuality,
homosexuality, or bisexuality;
(11) the offense took place in a place of worship or on the
grounds of a place of worship, immediately prior to, during or
immediately following worship services. For purposes of this
subparagraph, "place of worship" shall mean any church, synagogue
or other building, structure or place used primarily for
religious worship;
(12) the defendant was convicted of a felony committed
while he was released on bail or his own recognizance pending
trial for a prior felony and was convicted of such prior felony,
or the defendant was convicted of a felony committed while he was
serving a period of probation, conditional discharge, or
mandatory supervised release under subsection (d) of Section
5-8-1 for a prior felony;
(13) the defendant committed or attempted to commit a
felony while he was wearing a bulletproof vest. For the purposes
of this paragraph (13), a bulletproof vest is any device which is
designed for the purpose of protecting the wearer from bullets,
shot or other lethal projectiles;
(14) the defendant held a position of trust or supervision
such as, but not limited to, family member as defined in Section
12-12 of the Criminal Code of 1961, teacher, scout leader, baby
sitter, or day care worker, in relation to a victim under 18
years of age, and the defendant committed an offense in violation
of Section 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
1961 against that victim;
(15) the defendant committed an offense related to the
activities of an organized gang. For the purposes of this
factor, "organized gang" has the meaning ascribed to it in
Section 10 of the Streetgang Terrorism Omnibus Prevention Act;
8236 JOURNAL OF THE [December 17, 1999]
(16) the defendant committed an offense in violation of one
of the following Sections while in a school, regardless of the
time of day or time of year; on any conveyance owned, leased, or
contracted by a school to transport students to or from school or
a school related activity; on the real property of a school; or
on a public way within 1,000 feet of the real property comprising
any school: Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or 33A-2 of
the Criminal Code of 1961;
(16.5) the defendant committed an offense in violation of
one of the following Sections while in a day care center,
regardless of the time of day or time of year; on the real
property of a day care center, regardless of the time of day or
time of year; or on a public way within 1,000 feet of the real
property comprising any day care center, regardless of the time
of day or time of year: Section 10-1, 10-2, 10-5, 11-15.1,
11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2,
or 33A-2 of the Criminal Code of 1961;
(17) the defendant committed the offense by reason of any
person's activity as a community policing volunteer or to prevent
any person from engaging in activity as a community policing
volunteer. For the purpose of this Section, "community policing
volunteer" has the meaning ascribed to it in Section 2-3.5 of the
Criminal Code of 1961; or
(18) the defendant committed the offense in a nursing home
or on the real property comprising a nursing home. For the
purposes of this paragraph (18), "nursing home" means a skilled
nursing or intermediate long term care facility that is subject
to license by the Illinois Department of Public Health under the
Nursing Home Care Act; or.
(19) (18) the defendant was a federally licensed firearm
dealer and was previously convicted of a violation of subsection
(a) of Section 3 of the Firearm Owners Identification Card Act
and has now committed either a felony violation of the Firearm
Owners Identification Card Act or an act of armed violence while
armed with a firearm.
For the purposes of this Section:
"School" is defined as a public or private elementary or
secondary school, community college, college, or university.
"Day care center" means a public or private State certified and
licensed day care center as defined in Section 2.09 of the Child Care
Act of 1969 that displays a sign in plain view stating that the
property is a day care center.
(b) The following factors may be considered by the court as
reasons to impose an extended term sentence under Section 5-8-2 upon
any offender:
(1) When a defendant is convicted of any felony, after
having been previously convicted in Illinois or any other
jurisdiction of the same or similar class felony or greater class
felony, when such conviction has occurred within 10 years after
the previous conviction, excluding time spent in custody, and
such charges are separately brought and tried and arise out of
different series of acts; or
(2) When a defendant is convicted of any felony and the
court finds that the offense was accompanied by exceptionally
brutal or heinous behavior indicative of wanton cruelty; or
(3) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary manslaughter or
reckless homicide in which the defendant has been convicted of
HOUSE OF REPRESENTATIVES 8237
causing the death of more than one individual; or
(4) When a defendant is convicted of any felony committed
against:
(i) a person under 12 years of age at the time of the
offense or such person's property;
(ii) a person 60 years of age or older at the time of
the offense or such person's property; or
(iii) a person physically handicapped at the time of
the offense or such person's property; or
(5) In the case of a defendant convicted of aggravated
criminal sexual assault or criminal sexual assault, when the
court finds that aggravated criminal sexual assault or criminal
sexual assault was also committed on the same victim by one or
more other individuals, and the defendant voluntarily
participated in the crime with the knowledge of the participation
of the others in the crime, and the commission of the crime was
part of a single course of conduct during which there was no
substantial change in the nature of the criminal objective; or
(6) When a defendant is convicted of any felony and the
offense involved any of the following types of specific
misconduct committed as part of a ceremony, rite, initiation,
observance, performance, practice or activity of any actual or
ostensible religious, fraternal, or social group:
(i) the brutalizing or torturing of humans or animals;
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery, religious,
fraternal, business, governmental, educational, or other
building or property; or
(v) ritualized abuse of a child; or
(7) When a defendant is convicted of first degree murder,
after having been previously convicted in Illinois of any offense
listed under paragraph (c)(2) of Section 5-5-3, when such
conviction has occurred within 10 years after the previous
conviction, excluding time spent in custody, and such charges are
separately brought and tried and arise out of different series of
acts; or
(8) When a defendant is convicted of a felony other than
conspiracy and the court finds that the felony was committed
under an agreement with 2 or more other persons to commit that
offense and the defendant, with respect to the other individuals,
occupied a position of organizer, supervisor, financier, or any
other position of management or leadership, and the court further
finds that the felony committed was related to or in furtherance
of the criminal activities of an organized gang or was motivated
by the defendant's leadership in an organized gang; or
(9) When a defendant is convicted of a felony violation of
Section 24-1 of the Criminal Code of 1961 and the court finds
that the defendant is a member of an organized gang; or
(10) When a defendant committed the offense using a firearm
with a laser sight attached to it. For purposes of this
paragraph (10), "laser sight" has the meaning ascribed to it in
Section 24.6-5 of the Criminal Code of 1961; or.
(11) (10) When a defendant who was at least 17 years of age
at the time of the commission of the offense is convicted of a
felony and has been previously adjudicated a delinquent minor
under the Juvenile Court Act of 1987 for an act that if committed
by an adult would be a Class X or Class 1 felony when the
conviction has occurred within 10 years after the previous
adjudication, excluding time spent in custody.
(b-1) For the purposes of this Section, "organized gang" has the
8238 JOURNAL OF THE [December 17, 1999]
meaning ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(c) The court may impose an extended term sentence under Section
5-8-2 upon any offender who was convicted of aggravated criminal
sexual assault or predatory criminal sexual assault of a child under
subsection (a)(1) of Section 12-14.1 of the Criminal Code of 1961
where the victim was under 18 years of age at the time of the
commission of the offense.
(d) The court may impose an extended term sentence under Section
5-8-2 upon any offender who was convicted of unlawful use of weapons
under Section 24-1 of the Criminal Code of 1961 for possessing a
weapon that is not readily distinguishable as one of the weapons
enumerated in Section 24-1 of the Criminal Code of 1961.
(Source: P.A. 90-14, eff. 7-1-97; 90-651, eff. 1-1-99; 90-686, eff.
1-1-99; 91-119, eff. 1-1-00; 91-120, eff. 7-15-99; 91-252, eff.
1-1-00; 91-267, eff. 1-1-00; 91-268, eff. 1-1-00; 91-357, eff.
7-29-99; 91-437, eff. 1-1-00; revised 8-30-99.)
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
Sec. 5-6-3. Conditions of Probation and of Conditional
Discharge.
(a) The conditions of probation and of conditional discharge
shall be that the person:
(1) not violate any criminal statute of any jurisdiction;
(2) report to or appear in person before such person or
agency as directed by the court;
(3) refrain from possessing a firearm or other dangerous
weapon;
(4) not leave the State without the consent of the court
or, in circumstances in which the reason for the absence is of
such an emergency nature that prior consent by the court is not
possible, without the prior notification and approval of the
person's probation officer;
(5) permit the probation officer to visit him at his home
or elsewhere to the extent necessary to discharge his duties;
(6) perform no less than 30 hours of community service and
not more than 120 hours of community service, if community
service is available in the jurisdiction and is funded and
approved by the county board where the offense was committed,
where the offense was related to or in furtherance of the
criminal activities of an organized gang and was motivated by the
offender's membership in or allegiance to an organized gang. The
community service shall include, but not be limited to, the
cleanup and repair of any damage caused by a violation of Section
21-1.3 of the Criminal Code of 1961 and similar damage to
property located within the municipality or county in which the
violation occurred. When possible and reasonable, the community
service should be performed in the offender's neighborhood. For
purposes of this Section, "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang Terrorism
Omnibus Prevention Act;
(7) if he or she is at least 17 years of age and has been
sentenced to probation or conditional discharge for a misdemeanor
or felony in a county of 3,000,000 or more inhabitants and has
not been previously convicted of a misdemeanor or felony, may be
required by the sentencing court to attend educational courses
designed to prepare the defendant for a high school diploma and
to work toward a high school diploma or to work toward passing
the high school level Test of General Educational Development
(GED) or to work toward completing a vocational training program
approved by the court. The person on probation or conditional
discharge must attend a public institution of education to obtain
HOUSE OF REPRESENTATIVES 8239
the educational or vocational training required by this clause
(7). The court shall revoke the probation or conditional
discharge of a person who wilfully fails to comply with this
clause (7). The person on probation or conditional discharge
shall be required to pay for the cost of the educational courses
or GED test, if a fee is charged for those courses or test. The
court shall resentence the offender whose probation or
conditional discharge has been revoked as provided in Section
5-6-4. This clause (7) does not apply to a person who has a high
school diploma or has successfully passed the GED test. This
clause (7) does not apply to a person who is determined by the
court to be developmentally disabled or otherwise mentally
incapable of completing the educational or vocational program;
and
(8) if convicted of possession of a substance prohibited
by the Cannabis Control Act or Illinois Controlled Substances Act
after a previous conviction or disposition of supervision for
possession of a substance prohibited by the Cannabis Control Act
or Illinois Controlled Substances Act or after a sentence of
probation under Section 10 of the Cannabis Control Act or Section
410 of the Illinois Controlled Substances Act and upon a finding
by the court that the person is addicted, undergo treatment at a
substance abuse program approved by the court.
(b) The Court may in addition to other reasonable conditions
relating to the nature of the offense or the rehabilitation of the
defendant as determined for each defendant in the proper discretion
of the Court require that the person:
(1) serve a term of periodic imprisonment under Article 7
for a period not to exceed that specified in paragraph (d) of
Section 5-7-1;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;
(7) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a
foster home;
(8) make restitution as provided in Section 5-5-6 of this
Code;
(9) perform some reasonable public or community service;
(10) serve a term of home confinement. In addition to any
other applicable condition of probation or conditional discharge,
the conditions of home confinement shall be that the offender:
(i) remain within the interior premises of the place
designated for his confinement during the hours designated
by the court;
(ii) admit any person or agent designated by the court
into the offender's place of confinement at any time for
purposes of verifying the offender's compliance with the
conditions of his confinement; and
(iii) if further deemed necessary by the court or the
Probation or Court Services Department, be placed on an
approved electronic monitoring device, subject to Article 8A
of Chapter V;
8240 JOURNAL OF THE [December 17, 1999]
(iv) for persons convicted of any alcohol, cannabis or
controlled substance violation who are placed on an approved
monitoring device as a condition of probation or conditional
discharge, the court shall impose a reasonable fee for each
day of the use of the device, as established by the county
board in subsection (g) of this Section, unless after
determining the inability of the offender to pay the fee,
the court assesses a lesser fee or no fee as the case may
be. This fee shall be imposed in addition to the fees
imposed under subsections (g) and (i) of this Section. The
fee shall be collected by the clerk of the circuit court.
The clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer for deposit
in the substance abuse services fund under Section 5-1086.1
of the Counties Code; and
(v) for persons convicted of offenses other than those
referenced in clause (iv) above and who are placed on an
approved monitoring device as a condition of probation or
conditional discharge, the court shall impose a reasonable
fee for each day of the use of the device, as established by
the county board in subsection (g) of this Section, unless
after determining the inability of the defendant to pay the
fee, the court assesses a lesser fee or no fee as the case
may be. This fee shall be imposed in addition to the fees
imposed under subsections (g) and (i) of this Section. The
fee shall be collected by the clerk of the circuit court.
The clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer who shall
use the monies collected to defray the costs of corrections.
The county treasurer shall deposit the fee collected in the
county working cash fund under Section 6-27001 or Section
6-29002 of the Counties Code, as the case may be.
(11) comply with the terms and conditions of an order of
protection issued by the court pursuant to the Illinois Domestic
Violence Act of 1986, as now or hereafter amended. A copy of the
order of protection shall be transmitted to the probation officer
or agency having responsibility for the case;
(12) reimburse any "local anti-crime program" as defined in
Section 7 of the Anti-Crime Advisory Council Act for any
reasonable expenses incurred by the program on the offender's
case, not to exceed the maximum amount of the fine authorized for
the offense for which the defendant was sentenced;
(13) contribute a reasonable sum of money, not to exceed
the maximum amount of the fine authorized for the offense for
which the defendant was sentenced, to a "local anti-crime
program", as defined in Section 7 of the Anti-Crime Advisory
Council Act;
(14) refrain from entering into a designated geographic
area except upon such terms as the court finds appropriate. Such
terms may include consideration of the purpose of the entry, the
time of day, other persons accompanying the defendant, and
advance approval by a probation officer, if the defendant has
been placed on probation or advance approval by the court, if the
defendant was placed on conditional discharge;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular types of
persons, including but not limited to members of street gangs and
drug users or dealers;
(16) refrain from having in his or her body the presence of
any illicit drug prohibited by the Cannabis Control Act or the
Illinois Controlled Substances Act, unless prescribed by a
HOUSE OF REPRESENTATIVES 8241
physician, and submit samples of his or her blood or urine or
both for tests to determine the presence of any illicit drug.
(c) The court may as a condition of probation or of conditional
discharge require that a person under 18 years of age found guilty of
any alcohol, cannabis or controlled substance violation, refrain from
acquiring a driver's license during the period of probation or
conditional discharge. If such person is in possession of a permit
or license, the court may require that the minor refrain from driving
or operating any motor vehicle during the period of probation or
conditional discharge, except as may be necessary in the course of
the minor's lawful employment.
(d) An offender sentenced to probation or to conditional
discharge shall be given a certificate setting forth the conditions
thereof.
(e) The court shall not require as a condition of the sentence
of probation or conditional discharge that the offender be committed
to a period of imprisonment in excess of 6 months. This 6 month
limit shall not include periods of confinement given pursuant to a
sentence of county impact incarceration under Section 5-8-1.2.
Persons committed to imprisonment as a condition of probation or
conditional discharge shall not be committed to the Department of
Corrections.
(f) The court may combine a sentence of periodic imprisonment
under Article 7 or a sentence to a county impact incarceration
program under Article 8 with a sentence of probation or conditional
discharge.
(g) An offender sentenced to probation or to conditional
discharge and who during the term of either undergoes mandatory drug
or alcohol testing, or both, or is assigned to be placed on an
approved electronic monitoring device, shall be ordered to pay all
costs incidental to such mandatory drug or alcohol testing, or both,
and all costs incidental to such approved electronic monitoring in
accordance with the defendant's ability to pay those costs. The
county board with the concurrence of the Chief Judge of the judicial
circuit in which the county is located shall establish reasonable
fees for the cost of maintenance, testing, and incidental expenses
related to the mandatory drug or alcohol testing, or both, and all
costs incidental to approved electronic monitoring, involved in a
successful probation program for the county. The concurrence of the
Chief Judge shall be in the form of an administrative order. The fees
shall be collected by the clerk of the circuit court. The clerk of
the circuit court shall pay all moneys collected from these fees to
the county treasurer who shall use the moneys collected to defray the
costs of drug testing, alcohol testing, and electronic monitoring.
The county treasurer shall deposit the fees collected in the county
working cash fund under Section 6-27001 or Section 6-29002 of the
Counties Code, as the case may be.
(h) Jurisdiction over an offender may be transferred from the
sentencing court to the court of another circuit with the concurrence
of both courts, or to another state under an Interstate Probation
Reciprocal Agreement as provided in Section 3-3-11. Further
transfers or retransfers of jurisdiction are also authorized in the
same manner. The court to which jurisdiction has been transferred
shall have the same powers as the sentencing court.
(i) The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to conditional discharge after
January 1, 1992, as a condition of such probation or conditional
discharge, a fee of $25 for each month of probation or conditional
discharge supervision ordered by the court, unless after determining
the inability of the person sentenced to probation or conditional
discharge to pay the fee, the court assesses a lesser fee. The court
8242 JOURNAL OF THE [December 17, 1999]
may not impose the fee on a minor who is made a ward of the State
under the Juvenile Court Act of 1987 while the minor is in placement.
The fee shall be imposed only upon an offender who is actively
supervised by the probation and court services department. The fee
shall be collected by the clerk of the circuit court. The clerk of
the circuit court shall pay all monies collected from this fee to the
county treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probation Officers Act.
(j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code,
or a similar provision of a local ordinance, and any violation of the
Child Passenger Protection Act, or a similar provision of a local
ordinance, shall be collected and disbursed by the circuit clerk as
provided under Section 27.5 of the Clerks of Courts Act.
(Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 90-504, eff.
1-1-98; 90-655, eff. 7-30-98; 91-325, eff. 7-29-99.)
(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
Sec. 5-6-3.1. Incidents and Conditions of Supervision.
(a) When a defendant is placed on supervision, the court shall
enter an order for supervision specifying the period of such
supervision, and shall defer further proceedings in the case until
the conclusion of the period.
(b) The period of supervision shall be reasonable under all of
the circumstances of the case, but may not be longer than 2 years,
unless the defendant has failed to pay the assessment required by
Section 10.3 of the Cannabis Control Act or Section 411.2 of the
Illinois Controlled Substances Act, in which case the court may
extend supervision beyond 2 years. Additionally, the court shall
order the defendant to perform no less than 30 hours of community
service and not more than 120 hours of community service, if
community service is available in the jurisdiction and is funded and
approved by the county board where the offense was committed, when
the offense (1) was related to or in furtherance of the criminal
activities of an organized gang or was motivated by the defendant's
membership in or allegiance to an organized gang; or (2) is a
violation of any Section of Article 24 of the Criminal Code of 1961
where a disposition of supervision is not prohibited by Section 5-6-1
of this Code. The community service shall include, but not be
limited to, the cleanup and repair of any damage caused by violation
of Section 21-1.3 of the Criminal Code of 1961 and similar damages to
property located within the municipality or county in which the
violation occurred. Where possible and reasonable, the community
service should be performed in the offender's neighborhood.
For the purposes of this Section, "organized gang" has the
meaning ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(c) The court may in addition to other reasonable conditions
relating to the nature of the offense or the rehabilitation of the
defendant as determined for each defendant in the proper discretion
of the court require that the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or social
service agency as directed by the court in the order of
supervision;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
HOUSE OF REPRESENTATIVES 8243
(6) support his dependents;
(7) refrain from possessing a firearm or other dangerous
weapon;
(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a
foster home; and
(9) make restitution or reparation in an amount not to
exceed actual loss or damage to property and pecuniary loss or
make restitution under Section 5-5-6 to a domestic violence
shelter. The court shall determine the amount and conditions of
payment;
(10) perform some reasonable public or community service;
(11) comply with the terms and conditions of an order of
protection issued by the court pursuant to the Illinois Domestic
Violence Act of 1986. If the court has ordered the defendant to
make a report and appear in person under paragraph (1) of this
subsection, a copy of the order of protection shall be
transmitted to the person or agency so designated by the court;
(12) reimburse any "local anti-crime program" as defined in
Section 7 of the Anti-Crime Advisory Council Act for any
reasonable expenses incurred by the program on the offender's
case, not to exceed the maximum amount of the fine authorized for
the offense for which the defendant was sentenced;
(13) contribute a reasonable sum of money, not to exceed
the maximum amount of the fine authorized for the offense for
which the defendant was sentenced, to a "local anti-crime
program", as defined in Section 7 of the Anti-Crime Advisory
Council Act;
(14) refrain from entering into a designated geographic
area except upon such terms as the court finds appropriate. Such
terms may include consideration of the purpose of the entry, the
time of day, other persons accompanying the defendant, and
advance approval by a probation officer;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular types of
person, including but not limited to members of street gangs and
drug users or dealers;
(16) refrain from having in his or her body the presence of
any illicit drug prohibited by the Cannabis Control Act or the
Illinois Controlled Substances Act, unless prescribed by a
physician, and submit samples of his or her blood or urine or
both for tests to determine the presence of any illicit drug;
(17) refrain from operating any motor vehicle not equipped
with an ignition interlock device as defined in Section 1-129.1
of the Illinois Vehicle Code. Under this condition the court may
allow a defendant who is not self-employed to operate a vehicle
owned by the defendant's employer that is not equipped with an
ignition interlock device in the course and scope of the
defendant's employment.
(d) The court shall defer entering any judgment on the charges
until the conclusion of the supervision.
(e) At the conclusion of the period of supervision, if the court
determines that the defendant has successfully complied with all of
the conditions of supervision, the court shall discharge the
defendant and enter a judgment dismissing the charges.
(f) Discharge and dismissal upon a successful conclusion of a
disposition of supervision shall be deemed without adjudication of
guilt and shall not be termed a conviction for purposes of
8244 JOURNAL OF THE [December 17, 1999]
disqualification or disabilities imposed by law upon conviction of a
crime. Two years after the discharge and dismissal under this
Section, unless the disposition of supervision was for a violation of
Sections 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
Vehicle Code or a similar provision of a local ordinance, or for a
violation of Sections 12-3.2 or 16A-3 of the Criminal Code of 1961,
in which case it shall be 5 years after discharge and dismissal, a
person may have his record of arrest sealed or expunged as may be
provided by law. However, any defendant placed on supervision before
January 1, 1980, may move for sealing or expungement of his arrest
record, as provided by law, at any time after discharge and dismissal
under this Section. A person placed on supervision for a sexual
offense committed against a minor as defined in subsection (g) of
Section 5 of the Criminal Identification Act or for a violation of
Section 11-501 of the Illinois Vehicle Code or a similar provision of
a local ordinance shall not have his or her record of arrest sealed
or expunged.
(g) A defendant placed on supervision and who during the period
of supervision undergoes mandatory drug or alcohol testing, or both,
or is assigned to be placed on an approved electronic monitoring
device, shall be ordered to pay the costs incidental to such
mandatory drug or alcohol testing, or both, and costs incidental to
such approved electronic monitoring in accordance with the
defendant's ability to pay those costs. The county board with the
concurrence of the Chief Judge of the judicial circuit in which the
county is located shall establish reasonable fees for the cost of
maintenance, testing, and incidental expenses related to the
mandatory drug or alcohol testing, or both, and all costs incidental
to approved electronic monitoring, of all defendants placed on
supervision. The concurrence of the Chief Judge shall be in the form
of an administrative order. The fees shall be collected by the clerk
of the circuit court. The clerk of the circuit court shall pay all
moneys collected from these fees to the county treasurer who shall
use the moneys collected to defray the costs of drug testing, alcohol
testing, and electronic monitoring. The county treasurer shall
deposit the fees collected in the county working cash fund under
Section 6-27001 or Section 6-29002 of the Counties Code, as the case
may be.
(h) A disposition of supervision is a final order for the
purposes of appeal.
(i) The court shall impose upon a defendant placed on
supervision after January 1, 1992, as a condition of supervision, a
fee of $25 for each month of supervision ordered by the court, unless
after determining the inability of the person placed on supervision
to pay the fee, the court assesses a lesser fee. The court may not
impose the fee on a minor who is made a ward of the State under the
Juvenile Court Act of 1987 while the minor is in placement. The fee
shall be imposed only upon a defendant who is actively supervised by
the probation and court services department. The fee shall be
collected by the clerk of the circuit court. The clerk of the
circuit court shall pay all monies collected from this fee to the
county treasurer for deposit in the probation and court services fund
pursuant to Section 15.1 of the Probation and Probation Officers Act.
(j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code,
or a similar provision of a local ordinance, and any violation of the
Child Passenger Protection Act, or a similar provision of a local
ordinance, shall be collected and disbursed by the circuit clerk as
provided under Section 27.5 of the Clerks of Courts Act.
(k) A defendant at least 17 years of age who is placed on
supervision for a misdemeanor in a county of 3,000,000 or more
HOUSE OF REPRESENTATIVES 8245
inhabitants and who has not been previously convicted of a
misdemeanor or felony may as a condition of his or her supervision be
required by the court to attend educational courses designed to
prepare the defendant for a high school diploma and to work toward a
high school diploma or to work toward passing the high school level
Test of General Educational Development (GED) or to work toward
completing a vocational training program approved by the court. The
defendant placed on supervision must attend a public institution of
education to obtain the educational or vocational training required
by this subsection (k). The defendant placed on supervision shall be
required to pay for the cost of the educational courses or GED test,
if a fee is charged for those courses or test. The court shall
revoke the supervision of a person who wilfully fails to comply with
this subsection (k). The court shall resentence the defendant upon
revocation of supervision as provided in Section 5-6-4. This
subsection (k) does not apply to a defendant who has a high school
diploma or has successfully passed the GED test. This subsection (k)
does not apply to a defendant who is determined by the court to be
developmentally disabled or otherwise mentally incapable of
completing the educational or vocational program.
(l) The court shall require a defendant placed on supervision
for possession of a substance prohibited by the Cannabis Control Act
or Illinois Controlled Substances Act after a previous conviction or
disposition of supervision for possession of a substance prohibited
by the Cannabis Control Act or Illinois Controlled Substances Act or
a sentence of probation under Section 10 of the Cannabis Control Act
or Section 410 of the Illinois Controlled Substances Act and after a
finding by the court that the person is addicted, to undergo
treatment at a substance abuse program approved by the court.
(m) The court shall require a defendant placed on supervision
for a violation of Section 3-707 of the Illinois Vehicle Code or a
similar provision of a local ordinance, as a condition of
supervision, to give proof of his or her financial responsibility as
defined in Section 7-315 of the Illinois Vehicle Code. The proof
shall be maintained by the defendant in a manner satisfactory to the
Secretary of State for a minimum period of one year after the date
the proof is first filed. The Secretary of State shall suspend the
driver's license of any person determined by the Secretary to be in
violation of this subsection.
(Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 90-504, eff.
1-1-98; 90-655, eff. 7-30-98; 90-784, eff. 1-1-99; 91-127, eff.
1-1-00.)
ARTICLE 20. ALCOHOL ABUSE
Section 20-900. The Illinois Vehicle Code is amended by
re-enacting Sections 6-303 and 11-501 as follows:
(625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
Sec. 6-303. Driving while driver's license, permit or privilege
to operate a motor vehicle is suspended or revoked.
(a) Any person who drives or is in actual physical control of a
motor vehicle on any highway of this State at a time when such
person's driver's license, permit or privilege to do so or the
privilege to obtain a driver's license or permit is revoked or
suspended as provided by this Code or the law of another state,
except as may be specifically allowed by a judicial driving permit,
family financial responsibility driving permit, probationary license
to drive, or a restricted driving permit issued pursuant to this Code
or under the law of another state, shall be guilty of a Class A
misdemeanor.
(b) The Secretary of State upon receiving a report of the
conviction of any violation indicating a person was operating a motor
vehicle during the time when said person's driver's license, permit
8246 JOURNAL OF THE [December 17, 1999]
or privilege was suspended by the Secretary, by the appropriate
authority of another state, or pursuant to Section 11-501.1; except
as may be specifically allowed by a probationary license to drive,
judicial driving permit or restricted driving permit issued pursuant
to this Code or the law of another state; shall extend the suspension
for the same period of time as the originally imposed suspension;
however, if the period of suspension has then expired, the Secretary
shall be authorized to suspend said person's driving privileges for
the same period of time as the originally imposed suspension; and if
the conviction was upon a charge which indicated that a vehicle was
operated during the time when the person's driver's license, permit
or privilege was revoked; except as may be allowed by a restricted
driving permit issued pursuant to this Code or the law of another
state; the Secretary shall not issue a driver's license for an
additional period of one year from the date of such conviction
indicating such person was operating a vehicle during such period of
revocation.
(c) Any person convicted of violating this Section shall serve a
minimum term of imprisonment of 7 consecutive days or 30 days of
community service when the person's driving privilege was revoked or
suspended as a result of:
(1) a violation of Section 11-501 of this Code or a similar
provision of a local ordinance relating to the offense of
operating or being in physical control of a vehicle while under
the influence of alcohol, any other drug or any combination
thereof; or
(2) a violation of paragraph (b) of Section 11-401 of this
Code or a similar provision of a local ordinance relating to the
offense of leaving the scene of a motor vehicle accident
involving personal injury or death; or
(3) a violation of Section 9-3 of the Criminal Code of
1961, as amended, relating to the offense of reckless homicide;
or
(4) a statutory summary suspension under Section 11-501.1
of this Code.
Such sentence of imprisonment or community service shall not be
subject to suspension in order to reduce such sentence.
(d) Any person convicted of a second or subsequent violation of
this Section shall be guilty of a Class 4 felony if the original
revocation or suspension was for a violation of Section 11-401 or
11-501 of this Code, or a similar out-of-state offense, or a similar
provision of a local ordinance, a violation of Section 9-3 of the
Criminal Code of 1961, relating to the offense of reckless homicide,
or a similar out-of-state offense, or a statutory summary suspension
under Section 11-501.1 of this Code.
(e) Any person in violation of this Section who is also in
violation of Section 7-601 of this Code relating to mandatory
insurance requirements, in addition to other penalties imposed under
this Section, shall have his or her motor vehicle immediately
impounded by the arresting law enforcement officer. The motor
vehicle may be released to any licensed driver upon a showing of
proof of insurance for the vehicle that was impounded and the
notarized written consent for the release by the vehicle owner.
(f) For any prosecution under this Section, a certified copy of
the driving abstract of the defendant shall be admitted as proof of
any prior conviction.
(Source: P.A. 89-8, eff. 3-21-95; 89-92, eff. 7-1-96; 89-159, eff.
1-1-96; 89-626, eff. 8-9-96; 90-400, eff. 8-15-97; 90-738, eff.
1-1-99.)
(625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
Sec. 11-501. Driving while under the influence of alcohol, other
HOUSE OF REPRESENTATIVES 8247
drug or drugs, intoxicating compound or compounds or any combination
thereof.
(a) A person shall not drive or be in actual physical control of
any vehicle within this State while:
(1) the alcohol concentration in the person's blood or
breath is 0.08 or more based on the definition of blood and
breath units in Section 11-501.2;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound or
combination of intoxicating compounds to a degree that renders
the person incapable of driving safely;
(4) under the influence of any other drug or combination of
drugs to a degree that renders the person incapable of safely
driving;
(5) under the combined influence of alcohol, other drug or
drugs, or intoxicating compound or compounds to a degree that
renders the person incapable of safely driving; or
(6) there is any amount of a drug, substance, or compound
in the person's breath, blood, or urine resulting from the
unlawful use or consumption of cannabis listed in the Cannabis
Control Act, a controlled substance listed in the Illinois
Controlled Substances Act, or an intoxicating compound listed in
the Use of Intoxicating Compounds Act.
(b) The fact that any person charged with violating this Section
is or has been legally entitled to use alcohol, other drug or drugs,
or intoxicating compound or compounds, or any combination thereof,
shall not constitute a defense against any charge of violating this
Section.
(c) Except as provided under paragraphs (c-3) and (d) of this
Section, every person convicted of violating this Section or a
similar provision of a local ordinance, shall be guilty of a Class A
misdemeanor and, in addition to any other criminal or administrative
action, for any second conviction of violating this Section or a
similar provision of a law of another state or local ordinance
committed within 5 years of a previous violation of this Section or a
similar provision of a local ordinance shall be mandatorily sentenced
to a minimum of 48 consecutive hours of imprisonment or assigned to a
minimum of 100 hours of community service as may be determined by the
court. Every person convicted of violating this Section or a similar
provision of a local ordinance shall be subject to a mandatory
minimum fine of $500 and a mandatory 5 days of community service in a
program benefiting children if the person committed a violation of
paragraph (a) or a similar provision of a local ordinance while
transporting a person under age 16. Every person convicted a second
time for violating this Section or a similar provision of a local
ordinance within 5 years of a previous violation of this Section or a
similar provision of a law of another state or local ordinance shall
be subject to a mandatory minimum fine of $500 and 10 days of
mandatory community service in a program benefiting children if the
current offense was committed while transporting a person under age
16. The imprisonment or assignment under this subsection shall not
be subject to suspension nor shall the person be eligible for
probation in order to reduce the sentence or assignment.
(c-1) (1) A person who violates this Section during a period in
which his or her driving privileges are revoked or suspended,
where the revocation or suspension was for a violation of this
Section, Section 11-501.1, paragraph (b) of Section 11-401, or
Section 9-3 of the Criminal Code of 1961 is guilty of a Class 4
felony.
(2) A person who violates this Section a third time during
a period in which his or her driving privileges are revoked or
8248 JOURNAL OF THE [December 17, 1999]
suspended where the revocation or suspension was for a violation
of this Section, Section 11-501.1, paragraph (b) of Section
11-401, or Section 9-3 of the Criminal Code of 1961 is guilty of
a Class 3 felony.
(3) A person who violates this Section a fourth or
subsequent time during a period in which his or her driving
privileges are revoked or suspended where the revocation or
suspension was for a violation of this Section, Section 11-501.1,
paragraph (b) of Section 11-401, or Section 9-3 of the Criminal
Code of 1961 is guilty of a Class 2 felony.
(c-2) (Blank).
(c-3) Every person convicted of violating this Section or a
similar provision of a local ordinance who had a child under age 16
in the vehicle at the time of the offense shall have his or her
punishment under this Act enhanced by 2 days of imprisonment for a
first offense, 10 days of imprisonment for a second offense, 30 days
of imprisonment for a third offense, and 90 days of imprisonment for
a fourth or subsequent offense, in addition to the fine and community
service required under subsection (c) and the possible imprisonment
required under subsection (d). The imprisonment or assignment under
this subsection shall not be subject to suspension nor shall the
person be eligible for probation in order to reduce the sentence or
assignment.
(d) (1) Every person convicted of committing a violation of this
Section shall be guilty of aggravated driving under the influence of
alcohol, other drug or drugs, or intoxicating compound or compounds,
or any combination thereof if:
(A) the person committed a violation of this Section, or a
similar provision of a law of another state or a local ordinance
when the cause of action is the same as or substantially similar
to this Section, for the third or subsequent time;
(B) the person committed a violation of paragraph (a) while
driving a school bus with children on board;
(C) the person in committing a violation of paragraph (a)
was involved in a motor vehicle accident that resulted in great
bodily harm or permanent disability or disfigurement to another,
when the violation was a proximate cause of the injuries; or
(D) the person committed a violation of paragraph (a) for a
second time and has been previously convicted of violating
Section 9-3 of the Criminal Code of 1961 relating to reckless
homicide in which the person was determined to have been under
the influence of alcohol, other drug or drugs, or intoxicating
compound or compounds as an element of the offense or the person
has previously been convicted under subparagraph (C) of this
paragraph (1).
(2) Aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or any
combination thereof is a Class 4 felony for which a person, if
sentenced to a term of imprisonment, shall be sentenced to not less
than one year and not more than 3 years for a violation of
subparagraph (A), (B) or (D) of paragraph (1) of this subsection (d)
and not less than one year and not more than 12 years for a violation
of subparagraph (C) of paragraph (1) of this subsection (d). For any
prosecution under this subsection (d), a certified copy of the
driving abstract of the defendant shall be admitted as proof of any
prior conviction.
(e) After a finding of guilt and prior to any final sentencing,
or an order for supervision, for an offense based upon an arrest for
a violation of this Section or a similar provision of a local
ordinance, individuals shall be required to undergo a professional
evaluation to determine if an alcohol, drug, or intoxicating compound
HOUSE OF REPRESENTATIVES 8249
abuse problem exists and the extent of the problem. Programs
conducting these evaluations shall be licensed by the Department of
Human Services. The cost of any professional evaluation shall be
paid for by the individual required to undergo the professional
evaluation.
(f) Every person found guilty of violating this Section, whose
operation of a motor vehicle while in violation of this Section
proximately caused any incident resulting in an appropriate emergency
response, shall be liable for the expense of an emergency response as
provided under Section 5-5-3 of the Unified Code of Corrections.
(g) The Secretary of State shall revoke the driving privileges
of any person convicted under this Section or a similar provision of
a local ordinance.
(h) Every person sentenced under subsection (d) of this Section
and who receives a term of probation or conditional discharge shall
be required to serve a minimum term of either 30 days community
service or, beginning July 1, 1993, 48 consecutive hours of
imprisonment as a condition of the probation or conditional
discharge. This mandatory minimum term of imprisonment or assignment
of community service shall not be suspended and shall not be subject
to reduction by the court.
(i) The Secretary of State may use ignition interlock device
requirements when granting driving relief to individuals who have
been arrested for a second or subsequent offense of this Section or a
similar provision of a local ordinance. The Secretary shall
establish by rule and regulation the procedures for use of the
interlock system.
(j) In addition to any other penalties and liabilities, a person
who is found guilty of violating this Section shall be fined $100,
payable to the circuit clerk, who shall distribute the money to the
law enforcement agency that made the arrest. In the event that more
than one agency is responsible for the arrest, the $100 shall be
shared equally. Any moneys received by a law enforcement agency
under this subsection (j) shall be used to purchase law enforcement
equipment that will assist in the prevention of alcohol related
criminal violence throughout the State. This shall include, but is
not limited to, in-car video cameras, radar and laser speed detection
devices, and alcohol breath testers.
(Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97; 90-611, eff.
1-1-99; 90-655, eff. 7-30-98; 90-738, eff. 1-1-99; 90-779, eff.
1-1-99; 91-126, eff. 7-16-99; 91-357, eff. 7-29-99.)
ARTICLE 25. DRUG ABUSE
Section 25-10. The Cannabis Control Act is amended by
re-enacting Section 10 as follows:
(720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
Sec. 10. (a) Whenever any person who has not previously been
convicted of, or placed on probation or court supervision for, any
offense under this Act or any law of the United States or of any
State relating to cannabis, or controlled substances as defined in
the Illinois Controlled Substances Act, pleads guilty to or is found
guilty of violating Sections 4 (a), 4 (b), 4 (c), 5 (a), 5 (b), 5 (c)
or 8 of this Act, the court may, without entering a judgment and with
the consent of such person, sentence him to probation.
(b) When a person is placed on probation, the court shall enter
an order specifying a period of probation of 24 months, and shall
defer further proceedings in the case until the conclusion of the
period or until the filing of a petition alleging violation of a term
or condition of probation.
(c) The conditions of probation shall be that the person: (1)
not violate any criminal statute of any jurisdiction; (2) refrain
from possession of a firearm or other dangerous weapon; (3) submit to
8250 JOURNAL OF THE [December 17, 1999]
periodic drug testing at a time and in a manner as ordered by the
court, but no less than 3 times during the period of the probation,
with the cost of the testing to be paid by the probationer; and (4)
perform no less than 30 hours of community service, provided
community service is available in the jurisdiction and is funded and
approved by the county board.
(d) The court may, in addition to other conditions, require that
the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or social
service agency as directed by the court in the order of
probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical or psychiatric treatment; or treatment
for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;
(7) refrain from possessing a firearm or other dangerous
weapon;
(7-5) refrain from having in his or her body the presence
of any illicit drug prohibited by the Cannabis Control Act or the
Illinois Controlled Substances Act, unless prescribed by a
physician, and submit samples of his or her blood or urine or
both for tests to determine the presence of any illicit drug;
(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a
foster home.
(e) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and
proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of probation,
the court shall discharge such person and dismiss the proceedings
against him.
(g) A disposition of probation is considered to be a conviction
for the purposes of imposing the conditions of probation and for
appeal, however, discharge and dismissal under this Section is not a
conviction for purposes of disqualification or disabilities imposed
by law upon conviction of a crime (including the additional penalty
imposed for subsequent offenses under Section 4 (c), 4 (d), 5 (c) or
5 (d) of this Act).
(h) Discharge and dismissal under this Section or under Section
410 of the Illinois Controlled Substances Act may occur only once
with respect to any person.
(i) If a person is convicted of an offense under this Act or the
Illinois Controlled Substances Act within 5 years subsequent to a
discharge and dismissal under this Section, the discharge and
dismissal under this Section shall be admissible in the sentencing
proceeding for that conviction as a factor in aggravation.
(Source: P.A. 88-510; 88-680, eff. 1-1-95.)
Section 25-15. The Illinois Controlled Substances Act is amended
by re-enacting Section 410 as follows:
(720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
Sec. 410. (a) Whenever any person who has not previously been
convicted of, or placed on probation or court supervision for any
offense under this Act or any law of the United States or of any
HOUSE OF REPRESENTATIVES 8251
State relating to cannabis or controlled substances, pleads guilty to
or is found guilty of possession of a controlled or counterfeit
substance under subsection (c) of Section 402, the court, without
entering a judgment and with the consent of such person, may sentence
him to probation.
(b) When a person is placed on probation, the court shall enter
an order specifying a period of probation of 24 months and shall
defer further proceedings in the case until the conclusion of the
period or until the filing of a petition alleging violation of a term
or condition of probation.
(c) The conditions of probation shall be that the person: (1)
not violate any criminal statute of any jurisdiction; (2) refrain
from possessing a firearm or other dangerous weapon; (3) submit to
periodic drug testing at a time and in a manner as ordered by the
court, but no less than 3 times during the period of the probation,
with the cost of the testing to be paid by the probationer; and (4)
perform no less than 30 hours of community service, provided
community service is available in the jurisdiction and is funded and
approved by the county board.
(d) The court may, in addition to other conditions, require that
the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or social
service agency as directed by the court in the order of
probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical or psychiatric treatment; or treatment
or rehabilitation approved by the Illinois Department of Human
Services;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;
(6-5) refrain from having in his or her body the presence
of any illicit drug prohibited by the Cannabis Control Act or the
Illinois Controlled Substances Act, unless prescribed by a
physician, and submit samples of his or her blood or urine or
both for tests to determine the presence of any illicit drug;
(7) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a
foster home.
(e) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and
proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of probation,
the court shall discharge the person and dismiss the proceedings
against him.
(g) A disposition of probation is considered to be a conviction
for the purposes of imposing the conditions of probation and for
appeal, however, discharge and dismissal under this Section is not a
conviction for purposes of this Act or for purposes of
disqualifications or disabilities imposed by law upon conviction of a
crime.
(h) There may be only one discharge and dismissal under this
Section or Section 10 of the Cannabis Control Act with respect to any
person.
(i) If a person is convicted of an offense under this Act or the
8252 JOURNAL OF THE [December 17, 1999]
Cannabis Control Act within 5 years subsequent to a discharge and
dismissal under this Section, the discharge and dismissal under this
Section shall be admissible in the sentencing proceeding for that
conviction as evidence in aggravation.
(Source: P.A. 88-510; 88-680, eff. 1-1-95; 89-507, eff. 7-1-97.)
ARTICLE 30. FIREARMS
Section 30-905. The Criminal Code of 1961 is amended by
re-enacting Sections 24-3A, 24-5, 24-6, and 32-10 as follows:
(720 ILCS 5/24-3A)
Sec. 24-3A. Gunrunning.
(a) A person commits gunrunning when he or she transfers 3 or
more firearms in violation of any of the paragraphs of Section 24-3
of this Code.
(b) Sentence. A person who commits gunrunning is guilty of a
Class 1 felony. A person who commits gunrunning by transferring
firearms to a person who, at the time of the commission of the
offense, is under 18 years of age is guilty of a Class X felony.
(Source: P.A. 91-13, eff. 1-1-00.)
(720 ILCS 5/24-5) (from Ch. 38, par. 24-5)
Sec. 24-5. Defacing identification marks of firearms.
(a) Any person who shall knowingly or intentionally change,
alter, remove or obliterate the name of the maker, model,
manufacturer's number or other mark of identification of any firearm
commits a Class 2 felony.
(b) Possession of any firearm upon which any such mark shall
have been changed, altered, removed or obliterated shall be prima
facie evidence that the possessor has changed, altered, removed or
obliterated the same.
(Source: P.A. 88-680, eff. 1-1-95.)
(720 ILCS 5/24-6) (from Ch. 38, par. 24-6)
Sec. 24-6. Confiscation and disposition of weapons.
(a) Upon conviction of an offense in which a weapon was used or
possessed by the offender, any weapon seized shall be confiscated by
the trial court.
(b) Any stolen weapon so confiscated, when no longer needed for
evidentiary purposes, shall be returned to the person entitled to
possession, if known. After the disposition of a criminal case or in
any criminal case where a final judgment in the case was not entered
due to the death of the defendant, and when a confiscated weapon is
no longer needed for evidentiary purposes, and when in due course no
legitimate claim has been made for the weapon, the court may transfer
the weapon to the sheriff of the county who may proceed to destroy
it, or may in its discretion order the weapon preserved as property
of the governmental body whose police agency seized the weapon, or
may in its discretion order the weapon to be transferred to the
Department of State Police for use by the crime laboratory system,
for training purposes, or for any other application as deemed
appropriate by the Department. If, after the disposition of a
criminal case, a need still exists for the use of the confiscated
weapon for evidentiary purposes, the court may transfer the weapon to
the custody of the State Department of Corrections for preservation.
The court may not order the transfer of the weapon to any private
individual or private organization other than to return a stolen
weapon to its rightful owner.
The provisions of this Section shall not apply to violations of
the Fish and Aquatic Life Code or the Wildlife Code. Confiscation of
weapons for Fish and Aquatic Life Code and Wildlife Code violations
shall be only as provided in those Codes.
(c) Any mental hospital that admits a person as an inpatient
pursuant to any of the provisions of the Mental Health and
Developmental Disabilities Code shall confiscate any firearms in the
HOUSE OF REPRESENTATIVES 8253
possession of that person at the time of admission, or at any time
the firearms are discovered in the person's possession during the
course of hospitalization. The hospital shall, as soon as possible
following confiscation, transfer custody of the firearms to the
appropriate law enforcement agency. The hospital shall give written
notice to the person from whom the firearm was confiscated of the
identity and address of the law enforcement agency to which it has
given the firearm.
The law enforcement agency shall maintain possession of any
firearm it obtains pursuant to this subsection for a minimum of 90
days. Thereafter, the firearm may be disposed of pursuant to the
provisions of subsection (b) of this Section.
(Source: P.A. 87-464; 87-895; 88-352; 88-680, eff. 1-1-95.)
(720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
Sec. 32-10. Violation of bail bond.
(a) Whoever, having been admitted to bail for appearance before
any court of this State, incurs a forfeiture of the bail and
willfully fails to surrender himself within 30 days following the
date of such forfeiture, commits, if the bail was given in connection
with a charge of felony or pending appeal or certiorari after
conviction of any offense, a felony of the next lower Class or a
Class A misdemeanor if the underlying offense was a Class 4 felony;
or, if the bail was given in connection with a charge of committing a
misdemeanor, or for appearance as a witness, commits a misdemeanor of
the next lower Class, but not less than a Class C misdemeanor.
(a-5) Any person who violates a condition of bail bond by
possessing a firearm in violation of his or her conditions of bail
commits a Class 4 felony for a first violation and a Class 3 felony
for a second violation.
(b) Whoever, having been admitted to bail for appearance before
any court of this State, while charged with a criminal offense in
which the victim is a family or household member as defined in
Article 112A of the Code of Criminal Procedure of 1963, knowingly
violates a condition of that release as set forth in Section 110-10,
subsection (d) of the Code of Criminal Procedure of 1963, commits a
Class A misdemeanor.
(c) Whoever, having been admitted to bail for appearance before
any court of this State for a felony, Class A misdemeanor or a
criminal offense in which the victim is a family or household member
as defined in Article 112A of the Code of Criminal Procedure of 1963,
is charged with any other felony, Class A misdemeanor, or a criminal
offense in which the victim is a family or household member as
defined in Article 112A of the Code of Criminal Procedure of 1963
while on such release, must appear before the court before bail is
statutorily set.
(d) Nothing in this Section shall interfere with or prevent the
exercise by any court of its power to punishment for contempt. Any
sentence imposed for violation of this Section shall be served
consecutive to the sentence imposed for the charge for which bail had
been granted and with respect to which the defendant has been
convicted.
(Source: P.A. 88-430; 88-680, eff. 1-1-95; 89-203, eff. 7-21-95.)
Section 15-910. The Code of Criminal Procedure of 1963 is
amended by re-enacting Section 110-10 as follows:
(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
Sec. 110-10. Conditions of bail bond.
(a) If a person is released prior to conviction, either upon
payment of bail security or on his or her own recognizance, the
conditions of the bail bond shall be that he or she will:
(1) Appear to answer the charge in the court having
jurisdiction on a day certain and thereafter as ordered by the
8254 JOURNAL OF THE [December 17, 1999]
court until discharged or final order of the court;
(2) Submit himself or herself to the orders and process of
the court;
(3) Not depart this State without leave of the court;
(4) Not violate any criminal statute of any jurisdiction;
(5) At a time and place designated by the court, surrender
all firearms in his or her possession to a law enforcement
officer designated by the court to take custody of and impound
the firearms when the offense the person has been charged with is
a forcible felony, stalking, aggravated stalking, domestic
battery, any violation of either the Illinois Controlled
Substances Act or the Cannabis Control Act that is classified as
a Class 2 or greater felony, or any felony violation of Article
24 of the Criminal Code of 1961; the court may, however, forgo
forego the imposition of this condition when the circumstances of
the case clearly do not warrant it or when its imposition would
be impractical; all legally possessed firearms shall be returned
to the person upon that person completing a sentence for a
conviction on a misdemeanor domestic battery, upon the charges
being dismissed, or if the person is found not guilty, unless the
finding of not guilty is by reason of insanity; and
(6) At a time and place designated by the court, submit to
a psychological evaluation when the person has been charged with
a violation of item (4) of subsection (a) of Section 24-1 of the
Criminal Code of 1961 and that violation occurred in a school or
in any conveyance owned, leased, or contracted by a school to
transport students to or from school or a school-related
activity, or on any public way within 1,000 feet of real property
comprising any school.
Psychological evaluations ordered pursuant to this Section shall
be completed promptly and made available to the State, the defendant,
and the court. As a further condition of bail under these
circumstances, the court shall order the defendant to refrain from
entering upon the property of the school, including any conveyance
owned, leased, or contracted by a school to transport students to or
from school or a school-related activity, or on any public way within
1,000 feet of real property comprising any school. Upon receipt of
the psychological evaluation, either the State or the defendant may
request a change in the conditions of bail, pursuant to Section 110-6
of this Code. The court may change the conditions of bail to include
a requirement that the defendant follow the recommendations of the
psychological evaluation, including undergoing psychiatric treatment.
The conclusions of the psychological evaluation and any statements
elicited from the defendant during its administration are not
admissible as evidence of guilt during the course of any trial on the
charged offense, unless the defendant places his or her mental
competency in issue.
(b) The court may impose other conditions, such as the
following, if the court finds that such conditions are reasonably
necessary to assure the defendant's appearance in court, protect the
public from the defendant, or prevent the defendant's unlawful
interference with the orderly administration of justice:
(1) Report to or appear in person before such person or
agency as the court may direct;
(2) Refrain from possessing a firearm or other dangerous
weapon;
(3) Refrain from approaching or communicating with
particular persons or classes of persons;
(4) Refrain from going to certain described geographical
areas or premises;
(5) Refrain from engaging in certain activities or
HOUSE OF REPRESENTATIVES 8255
indulging in intoxicating liquors or in certain drugs;
(6) Undergo treatment for drug addiction or alcoholism;
(7) Undergo medical or psychiatric treatment;
(8) Work or pursue a course of study or vocational
training;
(9) Attend or reside in a facility designated by the court;
(10) Support his or her dependents;
(11) If a minor resides with his or her parents or in a
foster home, attend school, attend a non-residential program for
youths, and contribute to his or her own support at home or in a
foster home;
(12) Observe any curfew ordered by the court;
(13) Remain in the custody of such designated person or
organization agreeing to supervise his release. Such third party
custodian shall be responsible for notifying the court if the
defendant fails to observe the conditions of release which the
custodian has agreed to monitor, and shall be subject to contempt
of court for failure so to notify the court;
(14) Be placed under direct supervision of the Pretrial
Services Agency, Probation Department or Court Services
Department in a pretrial bond home supervision capacity with or
without the use of an approved electronic monitoring device
subject to Article 8A of Chapter V of the Unified Code of
Corrections; or
(14.1) The court shall impose upon a defendant who is
charged with any alcohol, cannabis or controlled substance
violation and is placed under direct supervision of the Pretrial
Services Agency, Probation Department or Court Services
Department in a pretrial bond home supervision capacity with the
use of an approved monitoring device, as a condition of such bail
bond, a fee that represents costs incidental to the electronic
monitoring for each day of such bail supervision ordered by the
court, unless after determining the inability of the defendant to
pay the fee, the court assesses a lesser fee or no fee as the
case may be. The fee shall be collected by the clerk of the
circuit court. The clerk of the circuit court shall pay all
monies collected from this fee to the county treasurer for
deposit in the substance abuse services fund under Section
5-1086.1 of the Counties Code;
(14.2) The court shall impose upon all defendants,
including those defendants subject to paragraph (14.1) above,
placed under direct supervision of the Pretrial Services Agency,
Probation Department or Court Services Department in a pretrial
bond home supervision capacity with the use of an approved
monitoring device, as a condition of such bail bond, a fee which
shall represent costs incidental to such electronic monitoring
for each day of such bail supervision ordered by the court,
unless after determining the inability of the defendant to pay
the fee, the court assesses a lesser fee or no fee as the case
may be. The fee shall be collected by the clerk of the circuit
court. The clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer who shall use the
monies collected to defray the costs of corrections. The county
treasurer shall deposit the fee collected in the county working
cash fund under Section 6-27001 or Section 6-29002 of the
Counties Code, as the case may be;
(15) Comply with the terms and conditions of an order of
protection issued by the court under the Illinois Domestic
Violence Act of 1986;
(16) Under Section 110-6.5 comply with the conditions of
the drug testing program; and
8256 JOURNAL OF THE [December 17, 1999]
(17) Such other reasonable conditions as the court may
impose.
(c) When a person is charged with an offense under Section
12-13, 12-14, 12-14.1, 12-15 or 12-16 of the "Criminal Code of 1961",
involving a victim who is a minor under 18 years of age living in the
same household with the defendant at the time of the offense, in
granting bail or releasing the defendant on his own recognizance, the
judge shall impose conditions to restrict the defendant's access to
the victim which may include, but are not limited to conditions that
he will:
1. Vacate the Household.
2. Make payment of temporary support to his dependents.
3. Refrain from contact or communication with the child
victim, except as ordered by the court.
(d) When a person is charged with a criminal offense and the
victim is a family or household member as defined in Article 112A,
conditions shall be imposed at the time of the defendant's release on
bond that restrict the defendant's access to the victim. Unless
provided otherwise by the court, the restrictions shall include
requirements that the defendant do the following:
(1) refrain from contact or communication with the victim
for a minimum period of 72 hours following the defendant's
release; and
(2) refrain from entering or remaining at the victim's
residence for a minimum period of 72 hours following the
defendant's release.
(e) Local law enforcement agencies shall develop standardized
bond forms for use in cases involving family or household members as
defined in Article 112A, including specific conditions of bond as
provided in subsection (d). Failure of any law enforcement
department to develop or use those forms shall in no way limit the
applicability and enforcement of subsections (d) and (f).
(f) If the defendant is admitted to bail after conviction the
conditions of the bail bond shall be that he will, in addition to the
conditions set forth in subsections (a) and (b) hereof:
(1) Duly prosecute his appeal;
(2) Appear at such time and place as the court may direct;
(3) Not depart this State without leave of the court;
(4) Comply with such other reasonable conditions as the
court may impose; and,
(5) If the judgment is affirmed or the cause reversed and
remanded for a new trial, forthwith surrender to the officer from
whose custody he was bailed.
(Source: P.A. 90-399, eff. 1-1-98; 91-11, eff. 6-4-99; 91-312, eff.
1-1-00; revised 10-15-99.)
ARTICLE 35
Section 35-5. The Criminal Code of 1961 is amended by
re-enacting Sections 8-4, 12-4.2, and 24-1.2 as follows:
(720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
Sec. 8-4. Attempt.
(a) Elements of the Offense.
A person commits an attempt when, with intent to commit a
specific offense, he does any act which constitutes a substantial
step toward the commission of that offense.
(b) Impossibility.
It shall not be a defense to a charge of attempt that because of
a misapprehension of the circumstances it would have been impossible
for the accused to commit the offense attempted.
(c) Sentence.
A person convicted of an attempt may be fined or imprisoned or
both not to exceed the maximum provided for the offense attempted
HOUSE OF REPRESENTATIVES 8257
but, except for an attempt to commit the offense defined in Section
33A-2 of this Act,
(1) the sentence for attempt to commit first degree murder
is the sentence for a Class X felony, except that
(A) an attempt to commit first degree murder when at
least one of the aggravating factors specified in paragraphs
(1), (2) and (12) of subsection (b) of Section 9-1 is
present is a Class X felony for which the sentence shall be
a term of imprisonment of not less than 20 years and not
more than 80 years;
(B) an attempt to commit first degree murder while
armed with a firearm is a Class X felony for which 15 years
shall be added to the term of imprisonment imposed by the
court;
(C) an attempt to commit first degree murder during
which the person personally discharged a firearm is a Class
X felony for which 20 years shall be added to the term of
imprisonment imposed by the court;
(D) an attempt to commit first degree murder during
which the person personally discharged a firearm that
proximately caused great bodily harm, permanent disability,
permanent disfigurement, or death to another person, is a
Class X felony for which 25 years or up to a term of natural
life shall be added to the term of imprisonment imposed by
the court.
(2) the sentence for attempt to commit a Class X felony is
the sentence for a Class 1 felony;
(3) the sentence for attempt to commit a Class 1 felony is
the sentence for a Class 2 felony;
(4) the sentence for attempt to commit a Class 2 felony is
the sentence for a Class 3 felony; and
(5) the sentence for attempt to commit any felony other
than those specified in Subsections (1), (2), (3) and (4) hereof
is the sentence for a Class A misdemeanor.
(Source: P.A. 91-404, eff. 1-1-00.)
(720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2)
Sec. 12-4.2. Aggravated Battery with a firearm.
(a) A person commits aggravated battery with a firearm when he,
in committing a battery, knowingly or intentionally by means of the
discharging of a firearm (1) causes any injury to another person, or
(2) causes any injury to a person he knows to be a peace officer, a
community policing volunteer, a correctional institution employee or
a fireman while the officer, volunteer, employee or fireman is
engaged in the execution of any of his official duties, or to prevent
the officer, volunteer, employee or fireman from performing his
official duties, or in retaliation for the officer, volunteer,
employee or fireman performing his official duties, or (3) causes any
injury to a person he knows to be an emergency medical technician -
ambulance, emergency medical technician - intermediate, emergency
medical technician - paramedic, ambulance driver, or other medical
assistance or first aid personnel, employed by a municipality or
other governmental unit, while the emergency medical technician -
ambulance, emergency medical technician - intermediate, emergency
medical technician - paramedic, ambulance driver, or other medical
assistance or first aid personnel is engaged in the execution of any
of his official duties, or to prevent the emergency medical
technician - ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance driver, or other
medical assistance or first aid personnel from performing his
official duties, or in retaliation for the emergency medical
technician - ambulance, emergency medical technician - intermediate,
8258 JOURNAL OF THE [December 17, 1999]
emergency medical technician - paramedic, ambulance driver, or other
medical assistance or first aid personnel performing his official
duties, or (4) causes any injury to a person he or she knows to be a
teacher or other person employed in a school and the teacher or other
employee is upon grounds of a school or grounds adjacent to a school,
or is in any part of a building used for school purposes.
(b) A violation of subsection (a) (1) of this Section is a Class
X felony. A violation of subsection (a) (2), subsection (a) (3), or
subsection (a)(4) of this Section is a Class X felony for which the
sentence shall be a term of imprisonment of no less than 15 years and
no more than 60 years.
(c) For purposes of this Section, "firearm" is defined as in "An
Act relating to the acquisition, possession and transfer of firearms
and firearm ammunition, to provide a penalty for the violation
thereof and to make an appropriation in connection therewith",
approved August 1, 1967, as amended.
(Source: P.A. 90-651, eff. 1-1-99; 91-434, eff. 1-1-00.)
(720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
Sec. 24-1.2. Aggravated discharge of a firearm.
(a) A person commits aggravated discharge of a firearm when he
or she knowingly or intentionally:
(1) Discharges a firearm at or into a building he or she
knows or reasonably should know to be occupied and the firearm is
discharged from a place or position outside that building;
(2) Discharges a firearm in the direction of another person
or in the direction of a vehicle he or she knows or reasonably
should know to be occupied by a person;
(3) Discharges a firearm in the direction of a person he or
she knows to be a peace officer, a community policing volunteer,
a correctional institution employee, or a fireman while the
officer, volunteer, employee or fireman is engaged in the
execution of any of his or her official duties, or to prevent the
officer, volunteer, employee or fireman from performing his or
her official duties, or in retaliation for the officer,
volunteer, employee or fireman performing his or her official
duties;
(4) Discharges a firearm in the direction of a vehicle he
or she knows to be occupied by a peace officer, a person summoned
or directed by a peace officer, a correctional institution
employee or a fireman while the officer, employee or fireman is
engaged in the execution of any of his or her official duties, or
to prevent the officer, employee or fireman from performing his
or her official duties, or in retaliation for the officer,
employee or fireman performing his or her official duties;
(5) Discharges a firearm in the direction of a person he or
she knows to be an emergency medical technician - ambulance,
emergency medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other medical
assistance or first aid personnel, employed by a municipality or
other governmental unit, while the emergency medical technician -
ambulance, emergency medical technician - intermediate, emergency
medical technician - paramedic, ambulance driver, or other
medical assistance or first aid personnel is engaged in the
execution of any of his or her official duties, or to prevent the
emergency medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver, or other medical assistance or first
aid personnel from performing his or her official duties, or in
retaliation for the emergency medical technician - ambulance,
emergency medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other medical
HOUSE OF REPRESENTATIVES 8259
assistance or first aid personnel performing his or her official
duties; or
(6) Discharges a firearm in the direction of a vehicle he
or she knows to be occupied by an emergency medical technician -
ambulance, emergency medical technician - intermediate, emergency
medical technician - paramedic, ambulance driver, or other
medical assistance or first aid personnel, employed by a
municipality or other governmental unit, while the emergency
medical technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic, ambulance
driver, or other medical assistance or first aid personnel is
engaged in the execution of any of his or her official duties, or
to prevent the emergency medical technician - ambulance,
emergency medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other medical
assistance or first aid personnel from performing his or her
official duties, or in retaliation for the emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic, ambulance
driver, or other medical assistance or first aid personnel
performing his or her official duties; or
(7) Discharges a firearm in the direction of a person he or
she knows to be a teacher or other person employed in any school
and the teacher or other employee is upon the grounds of a school
or grounds adjacent to a school, or is in any part of a building
used for school purposes.
(b) A violation of subsection (a)(1) or subsection (a)(2) of
this Section is a Class 1 felony. A violation of subsection (a)(1) or
(a)(2) of this Section committed in a school, on the real property
comprising a school, within 1,000 feet of the real property
comprising a school, at a school related activity or on or within
1,000 feet of any conveyance owned, leased, or contracted by a school
to transport students to or from school or a school related activity,
regardless of the time of day or time of year that the offense was
committed is a Class X felony. A violation of subsection (a)(3),
(a)(4), (a)(5), (a)(6), or (a)(7) of this Section is a Class X felony
for which the sentence shall be a term of imprisonment of no less
than 10 years and not more than 45 years.
(c) For purposes of this Section:
"School" means a public or private elementary or secondary
school, community college, college, or university.
"School related activity" means any sporting, social, academic,
or other activity for which students' attendance or participation is
sponsored, organized, or funded in whole or in part by a school or
school district.
(Source: P.A. 90-651, eff. 1-1-99; 91-12, eff. 1-1-00; 91-357, eff.
7-29-99; 91-434, eff. 1-1-00; revised 8-30-99.)
Section 35-15. The Rights of Crime Victims and Witnesses Act is
amended by re-enacting Sections 4.5 and 6 as follows:
(725 ILCS 120/4.5)
Sec. 4.5. Procedures to implement the rights of crime victims.
To afford crime victims their rights, law enforcement, prosecutors,
judges and corrections will provide information, as appropriate of
the following procedures:
(a) At the request of the crime victim, law enforcement
authorities investigating the case shall provide notice of the status
of the investigation, except where the State's Attorney determines
that disclosure of such information would unreasonably interfere with
the investigation, until such time as the alleged assailant is
apprehended or the investigation is closed.
(b) The office of the State's Attorney:
8260 JOURNAL OF THE [December 17, 1999]
(1) shall provide notice of the filing of information, the
return of an indictment by which a prosecution for any violent
crime is commenced, or the filing of a petition to adjudicate a
minor as a delinquent for a violent crime;
(2) shall provide notice of the date, time, and place of
trial;
(3) or victim advocate personnel shall provide information
of social services and financial assistance available for victims
of crime, including information of how to apply for these
services and assistance;
(4) shall assist in having any stolen or other personal
property held by law enforcement authorities for evidentiary or
other purposes returned as expeditiously as possible, pursuant to
the procedures set out in Section 115-9 of the Code of Criminal
Procedure of 1963;
(5) or victim advocate personnel shall provide appropriate
employer intercession services to ensure that employers of
victims will cooperate with the criminal justice system in order
to minimize an employee's loss of pay and other benefits
resulting from court appearances;
(6) shall provide information whenever possible, of a
secure waiting area during court proceedings that does not
require victims to be in close proximity to defendant or
juveniles accused of a violent crime, and their families and
friends;
(7) shall provide notice to the crime victim of the right
to have a translator present at all court proceedings;
(8) in the case of the death of a person, which death
occurred in the same transaction or occurrence in which acts
occurred for which a defendant is charged with an offense, shall
notify the spouse, parent, child or sibling of the decedent of
the date of the trial of the person or persons allegedly
responsible for the death;
(9) shall inform the victim of the right to have present at
all court proceedings, subject to the rules of evidence, an
advocate or other support person of the victim's choice, and the
right to retain an attorney, at the victim's own expense, who,
upon written notice filed with the clerk of the court and State's
Attorney, is to receive copies of all notices, motions and court
orders filed thereafter in the case, in the same manner as if the
victim were a named party in the case; and
(10) at the sentencing hearing shall make a good faith
attempt to explain the minimum amount of time during which the
defendant may actually be physically imprisoned. The Office of
the State's Attorney shall further notify the crime victim of the
right to request from the Prisoner Review Board information
concerning the release of the defendant under subparagraph (d)(1)
of this Section; and
(11) shall request restitution at sentencing and shall
consider restitution in any plea negotiation, as provided by law.
(c) At the written request of the crime victim, the office of
the State's Attorney shall:
(1) provide notice a reasonable time in advance of the
following court proceedings: preliminary hearing, any hearing the
effect of which may be the release of defendant from custody, or
to alter the conditions of bond and the sentencing hearing. The
crime victim shall also be notified of the cancellation of the
court proceeding in sufficient time, wherever possible, to
prevent an unnecessary appearance in court;
(2) provide notice within a reasonable time after receipt
of notice from the custodian, of the release of the defendant on
HOUSE OF REPRESENTATIVES 8261
bail or personal recognizance or the release from detention of a
minor who has been detained for a violent crime;
(3) explain in nontechnical language the details of any
plea or verdict of a defendant, or any adjudication of a juvenile
as a delinquent for a violent crime;
(4) where practical, consult with the crime victim before
the Office of the State's Attorney makes an offer of a plea
bargain to the defendant or enters into negotiations with the
defendant concerning a possible plea agreement, and shall
consider the written victim impact statement, if prepared prior
to entering into a plea agreement;
(5) provide notice of the ultimate disposition of the cases
arising from an indictment or an information, or a petition to
have a juvenile adjudicated as a delinquent for a violent crime;
(6) provide notice of any appeal taken by the defendant and
information on how to contact the appropriate agency handling the
appeal;
(7) provide notice of any request for post-conviction
review filed by the defendant under Article 122 of the Code of
Criminal Procedure of 1963, and of the date, time and place of
any hearing concerning the petition. Whenever possible, notice
of the hearing shall be given in advance;
(8) forward a copy of any statement presented under Section
6 to the Prisoner Review Board to be considered by the Board in
making its determination under subsection (b) of Section 3-3-8 of
the Unified Code of Corrections.
(d) (1) The Prisoner Review Board shall inform a victim or any
other concerned citizen, upon written request, of the prisoner's
release on parole, mandatory supervised release, electronic
detention, work release or by the custodian of the discharge of
any individual who was adjudicated a delinquent for a violent
crime from State custody and by the sheriff of the appropriate
county of any such person's final discharge from county custody.
The Prisoner Review Board, upon written request, shall provide to
a victim or any other concerned citizen a recent photograph of
any person convicted of a felony, upon his or her release from
custody. The Prisoner Review Board, upon written request, shall
inform a victim or any other concerned citizen when feasible at
least 7 days prior to the prisoner's release on furlough of the
times and dates of such furlough. Upon written request by the
victim or any other concerned citizen, the State's Attorney shall
notify the person once of the times and dates of release of a
prisoner sentenced to periodic imprisonment. Notification shall
be based on the most recent information as to victim's or other
concerned citizen's residence or other location available to the
notifying authority. For purposes of this paragraph (1) of
subsection (d), "concerned citizen" includes relatives of the
victim, friends of the victim, witnesses to the crime, or any
other person associated with the victim or prisoner.
(2) When the defendant has been committed to the Department
of Human Services pursuant to Section 5-2-4 or any other
provision of the Unified Code of Corrections, the victim may
request to be notified by the releasing authority of the
defendant's discharge from State custody.
(3) In the event of an escape from State custody, the
Department of Corrections immediately shall notify the Prisoner
Review Board of the escape and the Prisoner Review Board shall
notify the victim. The notification shall be based upon the most
recent information as to the victim's residence or other location
available to the Board. When no such information is available,
the Board shall make all reasonable efforts to obtain the
8262 JOURNAL OF THE [December 17, 1999]
information and make the notification. When the escapee is
apprehended, the Department of Corrections immediately shall
notify the Prisoner Review Board and the Board shall notify the
victim.
(4) The victim of the crime for which the prisoner has been
sentenced shall receive reasonable written notice not less than
15 days prior to the parole hearing and may submit, in writing,
on film, videotape or other electronic means or in the form of a
recording or in person at the parole hearing, information for
consideration by the Prisoner Review Board. The victim shall be
notified within 7 days after the prisoner has been granted parole
and shall be informed of the right to inspect the registry of
parole decisions, established under subsection (g) of Section
3-3-5 of the Unified Code of Corrections. The provisions of this
paragraph (4) are subject to the Open Parole Hearings Act.
(5) If a statement is presented under Section 6, the
Prisoner Review Board shall inform the victim of any order of
discharge entered by the Board pursuant to Section 3-3-8 of the
Unified Code of Corrections.
(6) At the written request of the victim of the crime for
which the prisoner was sentenced, the Prisoner Review Board shall
notify the victim of the death of the prisoner if the prisoner
died while on parole or mandatory supervised release.
(7) When a defendant who has been committed to the
Department of Corrections or the Department of Human Services is
released or discharged and subsequently committed to the
Department of Human Services as a sexually violent person and the
victim had requested to be notified by the releasing authority of
the defendant's discharge from State custody, the releasing
authority shall provide to the Department of Human Services such
information that would allow the Department of Human Services to
contact the victim.
(e) The officials named in this Section may satisfy some or all
of their obligations to provide notices and other information through
participation in a statewide victim and witness notification system
established by the Attorney General under Section 8.5 of this Act.
(Source: P.A. 90-14, eff. 7-1-97; 90-793, eff. 8-14-98; 91-237,
1-1-00.)
(725 ILCS 120/6) (from Ch. 38, par. 1406)
Sec. 6. Rights to present victim impact statement.
(a) In any case where a defendant has been convicted of a
violent crime or a juvenile has been adjudicated a delinquent for a
violent crime except those in which both parties have agreed to the
imposition of a specific sentence, and a victim of the violent crime
is present in the courtroom at the time of the sentencing or the
disposition hearing, the victim upon his or her request shall have
the right to address the court regarding the impact which the
defendant's criminal conduct or the juvenile's delinquent conduct has
had upon the victim. If the victim chooses to exercise this right,
the impact statement must have been prepared in writing in
conjunction with the Office of the State's Attorney prior to the
initial hearing or sentencing, before it can be presented orally or
in writing at the sentencing hearing. In conjunction with the Office
of the State's Attorney, a victim impact statement that is presented
orally may be done so by the victim or his or her representative.
The court shall consider any statements made by the victim, along
with all other appropriate factors in determining the sentence of the
defendant or disposition of such juvenile.
(b) The crime victim has the right to prepare a victim impact
statement and present it to the Office of the State's Attorney at any
time during the proceedings.
HOUSE OF REPRESENTATIVES 8263
(c) This Section shall apply to any victims of a violent crime
during any dispositional hearing under Section 5-705 of the Juvenile
Court Act of 1987 which takes place pursuant to an adjudication of
delinquency for any such offense.
(Source: P.A. 89-546, eff. 1-1-97; 90-590, eff. 1-1-99.)
Section 35-20. The Unified Code of Corrections is amended by
re-enacting Sections 3-6-4, 3-10-13, 3-14-1, and 3-14-4 as follows:
(730 ILCS 5/3-6-4) (from Ch. 38, par. 1003-6-4)
Sec. 3-6-4. Enforcement of Discipline - Escape.
(a) A committed person who escapes or attempts to escape from an
institution or facility of the Adult Division, or escapes or attempts
to escape while in the custody of an employee of the Adult Division,
or holds or participates in the holding of any person as a hostage by
force, threat or violence, or while participating in any disturbance,
demonstration or riot, causes, directs or participates in the
destruction of any property is guilty of a Class 2 felony. A
committed person who fails to return from furlough or from work and
day release is guilty of a Class 3 felony.
(b) If one or more committed persons injures or attempts to
injure in a violent manner any employee, officer, guard, other peace
officer or any other committed person or damages or attempts to
damage any building or workshop, or any appurtenances thereof, or
attempts to escape, or disobeys or resists any lawful command, the
employees, officers, guards and other peace officers shall use all
suitable means to defend themselves, to enforce the observance of
discipline, to secure the persons of the offenders, and prevent such
attempted violence or escape; and said employees, officers, guards,
or other peace officers, or any of them, shall, in the attempt to
prevent the escape of any such person, or in attempting to retake any
such person who has escaped, or in attempting to prevent or suppress
violence by a committed person against another person, a riot,
revolt, mutiny or insurrection, be justified in the use of force,
including force likely to cause death or great bodily harm under
Section 7-8 of the Criminal Code of 1961 which he reasonably believed
necessary.
As used in this Section, "committed person" includes a person
held in detention in a secure facility or committed as a sexually
violent person and held in a secure facility under the Sexually
Violent Persons Commitment Act; and "peace officer" means any officer
or member of any duly organized State, county or municipal police
unit or police force.
(c) The Department shall establish procedures to provide
immediate notification of the escape of any person, as defined in
subsection (a) of this Section, to the persons specified in
subsection (c) of Section 3-14-1 of this Code.
(Source: P.A. 89-8, eff. 3-21-95; 90-793, eff. 8-14-98.)
(730 ILCS 5/3-10-13)
Sec. 3-10-13. Notifications of Release or Escape.
(a) The Department shall establish procedures to provide written
notification of the release of any person from the Juvenile Division
to the persons and agencies specified in subsection (c) of Section
3-14-1 of this Code.
(b) The Department shall establish procedures to provide
immediate notification of the escape of any person from the Juvenile
Division to the persons and agencies specified in subsection (c) of
Section 3-14-1 of this Code.
(Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 3-21-95.)
(730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
Sec. 3-14-1. Release from the Institution.
(a) Upon release of a person on parole, mandatory release, final
discharge or pardon the Department shall return all property held for
8264 JOURNAL OF THE [December 17, 1999]
him, provide him with suitable clothing and procure necessary
transportation for him to his designated place of residence and
employment. It may provide such person with a grant of money for
travel and expenses which may be paid in installments. The amount of
the money grant shall be determined by the Department.
The Department of Corrections may establish and maintain, in any
institution it administers, revolving funds to be known as "Travel
and Allowances Revolving Funds". These revolving funds shall be used
for advancing travel and expense allowances to committed, paroled,
and discharged prisoners. The moneys paid into such revolving funds
shall be from appropriations to the Department for Committed,
Paroled, and Discharged Prisoners.
(b) (Blank).
(c) Except as otherwise provided in this Code, the Department
shall establish procedures to provide written notification of any
release of any person who has been convicted of a felony to the
State's Attorney and sheriff of the county from which the offender
was committed, and the State's Attorney and sheriff of the county
into which the offender is to be paroled or released. Except as
otherwise provided in this Code, the Department shall establish
procedures to provide written notification to the proper law
enforcement agency for any municipality of any release of any person
who has been convicted of a felony if the arrest of the offender or
the commission of the offense took place in the municipality, if the
offender is to be paroled or released into the municipality, or if
the offender resided in the municipality at the time of the
commission of the offense. If a person convicted of a felony who is
in the custody of the Department of Corrections or on parole or
mandatory supervised release informs the Department that he or she
has resided, resides, or will reside at an address that is a housing
facility owned, managed, operated, or leased by a public housing
agency, the Department must send written notification of that
information to the public housing agency that owns, manages,
operates, or leases the housing facility. The written notification
shall, when possible, be given at least 14 days before release of the
person from custody, or as soon thereafter as possible.
(c-1) (Blank).
(d) Upon the release of a committed person on parole, mandatory
supervised release, final discharge or pardon, the Department shall
provide such person with information concerning programs and services
of the Illinois Department of Public Health to ascertain whether such
person has been exposed to the human immunodeficiency virus (HIV) or
any identified causative agent of Acquired Immunodeficiency Syndrome
(AIDS).
(Source: P.A. 91-506, eff. 8-13-99.)
(730 ILCS 5/3-14-4) (from Ch. 38, par. 1003-14-4)
Sec. 3-14-4. Half-way Houses.
(a) The Department may establish and maintain half-way houses
for the residence of persons on parole or mandatory release. Such
half-way houses shall be maintained apart from security institutions,
except that the Director of Corrections is authorized to designate
that any work or day release facility, or any portion thereof, may be
used as a half-way house for the residence of persons on parole or
mandatory supervised release.
(b) For those persons to be placed in a half-way house directly
upon release from an institution on parole or mandatory supervised
release status, not less than 15 days prior to the placement of such
a person in such a half-way house, the Department of Corrections
shall give written notice to the State's Attorney and the Sheriff of
the county and the proper law enforcement agency of the municipality
in which the half-way house is located of the identity of the person
HOUSE OF REPRESENTATIVES 8265
to be placed in that program. Such identifying information shall
include, but not be limited to, the name of the individual, age,
physical description, photograph, the crime for which the person was
originally sentenced to the Department of Corrections, and like
information. The notice shall be given in all cases, except when
placement of an emergency nature is necessary. In such emergency
cases, oral notice shall be given to the appropriate parties within
24 hours with written notice to follow within 5 days.
(c) Persons on parole or mandatory supervised release status who
have been previously released to the community, but who are not
currently residing in a half-way house, may be placed in a half-way
house upon the oral notification of the parties within 24 hours as
indicated in subsection (b) of this Section. Such oral notification
shall be followed with written notification within 5 days.
(Source: P.A. 88-680, eff. 1-1-95.)
ARTICLE 40
Section 40-10. The Criminal Code of 1961 is amended by
re-enacting Section 12-6.1 as follows:
(720 ILCS 5/12-6.1) (from Ch. 38, par. 12-6.1)
Sec. 12-6.1. Compelling organization membership of persons. A
person who expressly or impliedly threatens to do bodily harm or does
bodily harm to an individual or to that individual's family or uses
any other criminally unlawful means to solicit or cause any person to
join, or deter any person from leaving, any organization or
association regardless of the nature of such organization or
association, is guilty of a Class 2 felony.
Any person of the age of 18 years or older who expressly or
impliedly threatens to do bodily harm or does bodily harm to a person
under 18 years of age or uses any other criminally unlawful means to
solicit or cause any person under 18 years of age to join, or deter
any person under 18 years of age from leaving, any organization or
association regardless of the nature of such organization or
association is guilty of a Class 1 felony.
A person convicted of an offense under this Section shall not be
eligible to receive a sentence of probation, conditional discharge,
or periodic imprisonment.
(Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 1-1-96; 89-314, eff.
1-1-96; 89-626, eff. 8-9-96.)
ARTICLE 50
Section 50-3. The Firearm Owners Identification Card Act is
amended by re-enacting Sections 2, 4, 8, and 14 as follows:
(430 ILCS 65/2) (from Ch. 38, par. 83-2)
Sec. 2. Firearm Owner's Identification Card required;
exceptions.
(a) (1) No person may acquire or possess any firearm within this
State without having in his or her possession a Firearm Owner's
Identification Card previously issued in his or her name by the
Department of State Police under the provisions of this Act.
(2) No person may acquire or possess firearm ammunition within
this State without having in his or her possession a Firearm Owner's
Identification Card previously issued in his or her name by the
Department of State Police under the provisions of this Act.
(b) The provisions of this Section regarding the possession of
firearms and firearm ammunition do not apply to:
(1) United States Marshals, while engaged in the operation
of their official duties;
(2) Members of the Armed Forces of the United States or the
National Guard, while engaged in the operation of their official
duties;
(3) Federal officials required to carry firearms, while
engaged in the operation of their official duties;
8266 JOURNAL OF THE [December 17, 1999]
(4) Members of bona fide veterans organizations which
receive firearms directly from the armed forces of the United
States, while using the firearms for ceremonial purposes with
blank ammunition;
(5) Nonresident hunters during hunting season, with valid
nonresident hunting licenses and while in an area where hunting
is permitted; however, at all other times and in all other places
these persons must have their firearms unloaded and enclosed in a
case;
(6) Those hunters exempt from obtaining a hunting license
who are required to submit their Firearm Owner's Identification
Card when hunting on Department of Natural Resources owned or
managed sites;
(7) Nonresidents while on a firing or shooting range
recognized by the Department of State Police; however, these
persons must at all other times and in all other places have
their firearms unloaded and enclosed in a case;
(8) Nonresidents while at a firearm showing or display
recognized by the Department of State Police; however, at all
other times and in all other places these persons must have their
firearms unloaded and enclosed in a case;
(9) Nonresidents whose firearms are unloaded and enclosed
in a case;
(10) Nonresidents who are currently licensed or registered
to possess a firearm in their resident state;
(11) Unemancipated minors while in the custody and
immediate control of their parent or legal guardian or other
person in loco parentis to the minor if the parent or legal
guardian or other person in loco parentis to the minor has a
currently valid Firearm Owner's Identification Card;
(12) Color guards of bona fide veterans organizations or
members of bona fide American Legion bands while using firearms
for ceremonial purposes with blank ammunition;
(13) Nonresident hunters whose state of residence does not
require them to be licensed or registered to possess a firearm
and only during hunting season, with valid hunting licenses,
while accompanied by, and using a firearm owned by, a person who
possesses a valid Firearm Owner's Identification Card and while
in an area within a commercial club licensed under the Wildlife
Code where hunting is permitted and controlled, but in no
instance upon sites owned or managed by the Department of Natural
Resources; and
(14) Resident hunters who are properly authorized to hunt
and, while accompanied by a person who possesses a valid Firearm
Owner's Identification Card, hunt in an area within a commercial
club licensed under the Wildlife Code where hunting is permitted
and controlled.
(c) The provisions of this Section regarding the acquisition and
possession of firearms and firearm ammunition do not apply to law
enforcement officials of this or any other jurisdiction, while
engaged in the operation of their official duties.
(Source: P.A. 88-680, eff. 1-1-95; 89-445, eff. 2-7-96.)
(430 ILCS 65/4) (from Ch. 38, par. 83-4)
Sec. 4. (a) Each applicant for a Firearm Owner's Identification
Card must:
(1) Make application on blank forms prepared and furnished
at convenient locations throughout the State by the Department of
State Police; and
(2) Submit evidence under penalty of perjury to the
Department of State Police that:
(i) He or she is 21 years of age or over, or if he or
HOUSE OF REPRESENTATIVES 8267
she is under 21 years of age that he or she has the written
consent of his or her parent or legal guardian to possess
and acquire firearms and firearm ammunition and that he or
she has never been convicted of a misdemeanor other than a
traffic offense or adjudged delinquent, provided, however,
that such parent or legal guardian is not an individual
prohibited from having a Firearm Owner's Identification Card
and files an affidavit with the Department as prescribed by
the Department stating that he or she is not an individual
prohibited from having a Card;
(ii) He or she has not been convicted of a felony
under the laws of this or any other jurisdiction;
(iii) He or she is not addicted to narcotics;
(iv) He or she has not been a patient in a mental
institution within the past 5 years;
(v) He or she is not mentally retarded;
(vi) He or she is not an alien who is unlawfully
present in the United States under the laws of the United
States;
(vii) He or she is not subject to an existing order of
protection prohibiting him or her from possessing a firearm;
(viii) He or she has not been convicted within the past
5 years of battery, assault, aggravated assault, violation
of an order of protection, or a substantially similar
offense in another jurisdiction, in which a firearm was used
or possessed;
(ix) He or she has not been convicted of domestic
battery or a substantially similar offense in another
jurisdiction committed on or after the effective date of
this amendatory Act of 1997; and
(x) He or she has not been convicted within the past 5
years of domestic battery or a substantially similar offense
in another jurisdiction committed before the effective date
of this amendatory Act of 1997; and
(3) Upon request by the Department of State Police, sign a
release on a form prescribed by the Department of State Police
waiving any right to confidentiality and requesting the
disclosure to the Department of State Police of limited mental
health institution admission information from another state, the
District of Columbia, any other territory of the United States,
or a foreign nation concerning the applicant for the sole purpose
of determining whether the applicant is or was a patient in a
mental health institution and disqualified because of that status
from receiving a Firearm Owner's Identification Card. No mental
health care or treatment records may be requested. The
information received shall be destroyed within one year of
receipt.
(b) Each application form shall include the following statement
printed in bold type: "Warning: False statements of the applicant
shall result in prosecution for perjury in accordance with Section
32-2 of the Criminal Code of 1961.".
(c) Upon such written consent, pursuant to Section 4, paragraph
(a) (2) (i), the parent or legal guardian giving the consent shall be
liable for any damages resulting from the applicant's use of firearms
or firearm ammunition.
(Source: P.A. 90-493, eff. 1-1-98; 91-514, eff. 1-1-00.)
(430 ILCS 65/8) (from Ch. 38, par. 83-8)
Sec. 8. The Department of State Police has authority to deny an
application for or to revoke and seize a Firearm Owner's
Identification Card previously issued under this Act only if the
Department finds that the applicant or the person to whom such card
8268 JOURNAL OF THE [December 17, 1999]
was issued is or was at the time of issuance:
(a) A person under 21 years of age who has been convicted of a
misdemeanor other than a traffic offense or adjudged delinquent;
(b) A person under 21 years of age who does not have the written
consent of his parent or guardian to acquire and possess firearms and
firearm ammunition, or whose parent or guardian has revoked such
written consent, or where such parent or guardian does not qualify to
have a Firearm Owner's Identification Card;
(c) A person convicted of a felony under the laws of this or any
other jurisdiction;
(d) A person addicted to narcotics;
(e) A person who has been a patient of a mental institution
within the past 5 years;
(f) A person whose mental condition is of such a nature that it
poses a clear and present danger to the applicant, any other person
or persons or the community;
For the purposes of this Section, "mental condition" means a
state of mind manifested by violent, suicidal, threatening or
assaultive behavior.
(g) A person who is mentally retarded;
(h) A person who intentionally makes a false statement in the
Firearm Owner's Identification Card application;
(i) An alien who is unlawfully present in the United States
under the laws of the United States;
(j) A person who is subject to an existing order of protection
prohibiting him or her from possessing a firearm;
(k) A person who has been convicted within the past 5 years of
battery, assault, aggravated assault, violation of an order of
protection, or a substantially similar offense in another
jurisdiction, in which a firearm was used or possessed;
(l) A person who has been convicted of domestic battery or a
substantially similar offense in another jurisdiction committed on or
after January 1, 1998;
(m) A person who has been convicted within the past 5 years of
domestic battery or a substantially similar offense in another
jurisdiction committed before January 1, 1998; or
(n) A person who is prohibited from acquiring or possessing
firearms or firearm ammunition by any Illinois State statute or by
federal law.
(Source: P.A. 89-367, eff. 1-1-96; 90-130, eff. 1-1-98; 90-493, eff.
1-1-98; 90-655, eff. 7-30-98.)
(430 ILCS 65/14) (from Ch. 38, par. 83-14)
Sec. 14. Sentence.
(a) A violation of paragraph (1) of subsection (a) of Section 2,
when the person's Firearm Owner's Identification Card is expired but
the person is not otherwise disqualified from renewing the card, is a
Class A misdemeanor.
(b) Except as provided in subsection (a) with respect to an
expired card, a violation of paragraph (1) of subsection (a) of
Section 2 is a Class A misdemeanor when the person does not possess a
currently valid Firearm Owner's Identification Card, but is otherwise
eligible under this Act. A second or subsequent violation is a Class
4 felony.
(c) A violation of paragraph (1) of subsection (a) of Section 2
is a Class 3 felony when:
(1) the person's Firearm Owner's Identification Card is
revoked or subject to revocation under Section 8; or
(2) the person's Firearm Owner's Identification Card is
expired and not otherwise eligible for renewal under this Act; or
(3) the person does not possess a currently valid Firearm
Owner's Identification Card, and the person is not otherwise
HOUSE OF REPRESENTATIVES 8269
eligible under this Act.
(d) A violation of subsection (a) of Section 3 is a Class 4
felony.
(e) Any other violation of this Act is a Class A misdemeanor.
(Source: P.A. 88-680, eff. 1-1-95; 89-377, eff. 8-18-95.)
Section 50-5. The Criminal Code of 1961 is amended by
re-enacting Sections 11-14, 11-14.1, 11-16, 11-19, 11-19.1, 11-19.2,
24-1, 24-3, 24-3.1, 33A-1, 33A-3, and 33F-1 as follows:
(720 ILCS 5/11-14) (from Ch. 38, par. 11-14)
Sec. 11-14. Prostitution.
(a) Any person who performs, offers or agrees to perform any act
of sexual penetration as defined in Section 12-12 of this Code for
any money, property, token, object, or article or anything of value,
or any touching or fondling of the sex organs of one person by
another person, for any money, property, token, object, or article or
anything of value, for the purpose of sexual arousal or gratification
commits an act of prostitution.
(b) Sentence.
Prostitution is a Class A misdemeanor. A person convicted of a
second or subsequent violation of this Section, or of any combination
of such number of convictions under this Section and Sections 11-15 ,
11-17, 11-18, 11-18.1 and 11-19 of this Code is guilty of a Class 4
felony. When a person has one or more prior convictions, the
information or indictment charging that person shall state such prior
conviction so as to give notice of the State's intention to treat the
charge as a felony. The fact of such prior conviction is not an
element of the offense and may not be disclosed to the jury during
trial unless otherwise permitted by issues properly raised during
such trial.
(c) A person who violates this Section within 1,000 feet of real
property comprising a school commits a Class 4 felony.
(Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; revised
10-20-99.)
(720 ILCS 5/11-14.1)
Sec. 11-14.1. Solicitation of a sexual act.
(a) Any person who offers a person not his or her spouse any
money, property, token, object, or article or anything of value to
perform any act of sexual penetration as defined in Section 12-12 of
this Code, or any touching or fondling of the sex organs of one
person by another person for the purpose of sexual arousal or
gratification, commits the offense of solicitation of a sexual act.
(b) Sentence. Solicitation of a sexual act is a Class B
misdemeanor.
(Source: P.A. 88-325; 88-680, eff. 1-1-95.)
(720 ILCS 5/11-16) (from Ch. 38, par. 11-16)
Sec. 11-16. Pandering.
(a) Any person who performs any of the following acts for any
money, property, token, object, or article or anything of value
commits pandering:
(1) Compels a person to become a prostitute; or
(2) Arranges or offers to arrange a situation in which a
person may practice prostitution.
(b) Sentence.
Pandering by compulsion is a Class 4 felony. Pandering other than
by compulsion is a Class 4 felony.
(c) A person who violates this Section within 1,000 feet of real
property comprising a school commits a Class 3 felony.
(Source: P.A. 91-274, eff. 1-1-00.)
(720 ILCS 5/11-19) (from Ch. 38, par. 11-19)
Sec. 11-19. Pimping.
(a) Any person who receives any money, property, token, object,
8270 JOURNAL OF THE [December 17, 1999]
or article or anything of value from a prostitute, not for a lawful
consideration, knowing it was earned in whole or in part from the
practice of prostitution, commits pimping.
(b) Sentence.
Pimping is a Class A misdemeanor. A person convicted of a second
or subsequent violation of this Section, or of any combination of
such number of convictions under this Section and Sections 11-14,
11-15, 11-17, 11-18 and 11-18.1 of this Code is guilty of a Class 4
felony. When a person has one or more prior convictions, the
information or indictment charging that person shall state such prior
conviction so as to give notice of the State's intention to treat the
charge as a felony. The fact of such conviction is not an element of
the offense and may not be disclosed to the jury during trial unless
otherwise permitted by issues properly raised during such trial.
(c) A person who violates this Section within 1,000 feet of real
property comprising a school commits a Class 4 felony.
(Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; revised
10-20-99.)
(720 ILCS 5/11-19.1) (from Ch. 38, par. 11-19.1)
Sec. 11-19.1. Juvenile Pimping.
(a) Any person who receives any money, property, token, object,
or article or anything of value from a prostitute under 16 years of
age or from a prostitute who is an institutionalized severely or
profoundly mentally retarded person, not for a lawful consideration,
knowing it was earned in whole or in part from the practice of
prostitution, commits juvenile pimping.
(b) It is an affirmative defense to a charge of juvenile pimping
that the accused reasonably believed the person was of the age of 16
years or over or was not an institutionalized severely or profoundly
mentally retarded person at the time of the act giving rise to the
charge.
(c) Sentence.
Juvenile pimping is a Class 1 felony.
(Source: P.A. 88-680, eff. 1-1-95.)
(720 ILCS 5/11-19.2) (from Ch. 38, par. 11-19.2)
Sec. 11-19.2. Exploitation of a child.
(A) A person commits exploitation of a child when he or she
confines a child under the age of 16 or an institutionalized severely
or profoundly mentally retarded person against his or her will by the
infliction or threat of imminent infliction of great bodily harm,
permanent disability or disfigurement or by administering to the
child or an institutionalized severely or profoundly mentally
retarded person without his or her consent or by threat or deception
and for other than medical purposes, any alcoholic intoxicant or a
drug as defined in the Illinois Controlled Substances Act or the
Cannabis Control Act and:
(1) compels the child or an institutionalized severely or
profoundly mentally retarded person to become a prostitute; or
(2) arranges a situation in which the child or an
institutionalized severely or profoundly mentally retarded person
may practice prostitution; or
(3) receives any money, property, token, object, or article
or anything of value from the child or an institutionalized
severely or profoundly mentally retarded person knowing it was
obtained in whole or in part from the practice of prostitution.
(B) For purposes of this Section, administering drugs, as
defined in subsection (A), or an alcoholic intoxicant to a child
under the age of 13 or an institutionalized severely or profoundly
mentally retarded person shall be deemed to be without consent if
such administering is done without the consent of the parents or
legal guardian.
HOUSE OF REPRESENTATIVES 8271
(C) Exploitation of a child is a Class X felony.
(D) Any person convicted under this Section is subject to the
forfeiture provisions of Section 11-20.1A of this Act.
(Source: P.A. 91-357, eff. 7-29-99.)
(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
Sec. 24-1. Unlawful Use of Weapons.
(a) A person commits the offense of unlawful use of weapons when
he knowingly:
(1) Sells, manufactures, purchases, possesses or carries
any bludgeon, black-jack, slung-shot, sand-club, sand-bag, metal
knuckles, throwing star, or any knife, commonly referred to as a
switchblade knife, which has a blade that opens automatically by
hand pressure applied to a button, spring or other device in the
handle of the knife, or a ballistic knife, which is a device that
propels a knifelike blade as a projectile by means of a coil
spring, elastic material or compressed gas; or
(2) Carries or possesses with intent to use the same
unlawfully against another, a dagger, dirk, billy, dangerous
knife, razor, stiletto, broken bottle or other piece of glass,
stun gun or taser or any other dangerous or deadly weapon or
instrument of like character; or
(3) Carries on or about his person or in any vehicle, a
tear gas gun projector or bomb or any object containing noxious
liquid gas or substance, other than an object containing a
non-lethal noxious liquid gas or substance designed solely for
personal defense carried by a person 18 years of age or older; or
(4) Carries or possesses in any vehicle or concealed on or
about his person except when on his land or in his own abode or
fixed place of business any pistol, revolver, stun gun or taser
or other firearm, except that this subsection (a)(4) does not
apply to or affect transportation of weapons that:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by the
possessor of a valid Firearm Owner's Identification Card; or
(5) Sets a spring gun; or
(6) Possesses any device or attachment of any kind
designed, used or intended for use in silencing the report of any
firearm; or
(7) Sells, manufactures, purchases, possesses or carries:
(i) a machine gun, which shall be defined for the
purposes of this subsection as any weapon, which shoots, is
designed to shoot, or can be readily restored to shoot,
automatically more than one shot without manually reloading
by a single function of the trigger, including the frame or
receiver of any such weapon, or sells, manufactures,
purchases, possesses, or carries any combination of parts
designed or intended for use in converting any weapon into a
machine gun, or any combination or parts from which a
machine gun can be assembled if such parts are in the
possession or under the control of a person;
(ii) any rifle having one or more barrels less than 16
inches in length or a shotgun having one or more barrels
less than 18 inches in length or any weapon made from a
rifle or shotgun, whether by alteration, modification, or
otherwise, if such a weapon as modified has an overall
length of less than 26 inches; or
(iii) any bomb, bomb-shell, grenade, bottle or other
container containing an explosive substance of over
one-quarter ounce for like purposes, such as, but not
8272 JOURNAL OF THE [December 17, 1999]
limited to, black powder bombs and Molotov cocktails or
artillery projectiles; or
(8) Carries or possesses any firearm, stun gun or taser or
other deadly weapon in any place which is licensed to sell
intoxicating beverages, or at any public gathering held pursuant
to a license issued by any governmental body or any public
gathering at which an admission is charged, excluding a place
where a showing, demonstration or lecture involving the
exhibition of unloaded firearms is conducted; or
(9) Carries or possesses in a vehicle or on or about his
person any pistol, revolver, stun gun or taser or firearm or
ballistic knife, when he is hooded, robed or masked in such
manner as to conceal his identity; or
(10) Carries or possesses on or about his person, upon any
public street, alley, or other public lands within the corporate
limits of a city, village or incorporated town, except when an
invitee thereon or therein, for the purpose of the display of
such weapon or the lawful commerce in weapons, or except when on
his land or in his own abode or fixed place of business, any
pistol, revolver, stun gun or taser or other firearm, except that
this subsection (a)(10) does not apply to or affect
transportation of weapons that:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by the
possessor of a valid Firearm Owner's Identification Card.
A "stun gun or taser", as used in this paragraph (a) means
(i) any device which is powered by electrical charging units,
such as, batteries, and which fires one or several barbs attached
to a length of wire and which, upon hitting a human, can send out
a current capable of disrupting the person's nervous system in
such a manner as to render him incapable of normal functioning or
(ii) any device which is powered by electrical charging units,
such as batteries, and which, upon contact with a human or
clothing worn by a human, can send out current capable of
disrupting the person's nervous system in such a manner as to
render him incapable of normal functioning; or
(11) Sells, manufactures or purchases any explosive bullet.
For purposes of this paragraph (a) "explosive bullet" means the
projectile portion of an ammunition cartridge which contains or
carries an explosive charge which will explode upon contact with
the flesh of a human or an animal. "Cartridge" means a tubular
metal case having a projectile affixed at the front thereof and a
cap or primer at the rear end thereof, with the propellant
contained in such tube between the projectile and the cap; or
(12) (Blank).
(b) Sentence. A person convicted of a violation of subsection
24-1(a)(1) through (3), subsection 24-1(a)(5), subsection 24-1(a)(8),
or subsection 24-1(a)(11) commits a Class A misdemeanor. A person
convicted of a violation of subsection 24-1(a)(4), 24-1(a)(9), or
24-1(a)(10) commits a Class 4 felony; a person convicted of a
violation of subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits
a Class 3 felony. A person convicted of a violation of subsection
24-1(a)(7)(i) commits a Class 2 felony, unless the weapon is
possessed in the passenger compartment of a motor vehicle as defined
in Section 1-146 of the Illinois Vehicle Code, or on the person,
while the weapon is loaded, in which case it shall be a Class X
felony. A person convicted of a second or subsequent violation of
subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) or a person
convicted of a violation of subsection 24-1(a)(4) or 24-1(a)(10) who
HOUSE OF REPRESENTATIVES 8273
has previously been sentenced to probation under subsection (b-5) of
this Section commits a Class 3 felony.
(b-5) Probation.
(1) Whenever a person pleads guilty to or is found guilty
of a violation of subsection 24-1(a)(4) or 24-1(a-10) of this
Section, the court, without entering judgment, shall place the
person on probation under the terms of this subsection (b-5)
unless:
(A) the person has been convicted of any offense
relating to the unlawful use or possession of a firearm or
of any offense classified as a felony in this or any other
jurisdiction;
(B) within 2 years preceding the date of the current
offense, the person has been convicted of or given
supervision for a Class A misdemeanor, other than a
misdemeanor traffic-related offense;
(C) within 5 years preceding the date of the current
offense, the person has been adjudicated delinquent for any
forcible felony, Class 2 or greater felony, or any offense
relating to the unlawful use or possession of a firearm
under the laws of this State or similar laws of any other
jurisdiction; or
(D) the person is not the holder of a valid Firearm
Owner's Identification Card at the time the offense is
committed.
Upon objection of the State's Attorney, the burden shall be
on the State's Attorney to show sufficient cause to overcome the
presumption of probation. The objection of the State's Attorney
alone shall not be sufficient to overcome the presumption of
probation.
The court shall specify on the record the particular
evidence, information, or other reasons that form the basis of
its sentence.
(2) When a person is placed on probation, the court shall
enter an order specifying a period of not less than 6 months nor
more than 12 months probation and shall defer further proceedings
in the case until the conclusion of the period or until the
filing of a petition alleging violation of a term or condition of
probation.
(3) The conditions of probation shall be that the person:
(i) not violate any criminal statute of any
jurisdiction other than a municipal ordinance;
(ii) perform no less than 30 hours of community
service, provided community service is available in the
jurisdiction and is funded and approved by the county board.
(4) The court may, in addition to other conditions, require
that the person:
(i) make a report to and appear in person before or
participate with the court or courts, person, or social
service agency as directed by the court in the order of
probation;
(ii) pay a fine and costs;
(iii) refrain from possessing a firearm or other
dangerous weapon.
(5) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and
proceed as otherwise provided.
(6) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss the
proceedings against him or her.
(7) A disposition of probation is considered to be a
8274 JOURNAL OF THE [December 17, 1999]
conviction for the purposes of imposing the conditions of
probation and for appeal; however, discharge and dismissal under
this subsection (b-5) is not a conviction for purposes of this
Code or for purposes of disqualifications or disabilities imposed
by law upon conviction of a crime. During the period of
probation, the person shall not be considered under indictment or
otherwise charged with a crime. If, however, the person is
convicted of any forcible felony or any offense under Article 24
of the Criminal Code of 1961 within 5 years of a discharge and
dismissal under this subsection (b-5), the discharge and
dismissal shall be admissible in the sentencing proceeding for
that conviction as evidence in aggravation.
(8) There may be only one discharge and dismissal under
this subsection (b-5) with respect to any person.
(9) Nothing in this subsection (b-5) prohibits the
imposition of a sentence under Article 6 of Chapter V of the
Unified Code of Corrections in the case of a person who is not
eligible for probation under this subsection (b-5).
(c) Violations in specific places.
(1) A person who violates subsection 24-1(a)(6) or
24-1(a)(7) in any school, regardless of the time of day or the
time of year, in residential property owned, operated and managed
by a public housing agency, in a public park, in a courthouse, on
the real property comprising any school, regardless of the time
of day or the time of year, on residential property owned,
operated and managed by a public housing agency, on the real
property comprising any public park, on the real property
comprising any courthouse, in any conveyance owned, leased or
contracted by a school to transport students to or from school or
a school related activity, or on any public way within 1,000 feet
of the real property comprising any school, public park,
courthouse, or residential property owned, operated, and managed
by a public housing agency commits a Class 2 felony.
(1.5) A person who violates subsection 24-1(a)(4),
24-1(a)(9), or 24-1(a)(10) in any school, regardless of the time
of day or the time of year, in residential property owned,
operated, and managed by a public housing agency, in a public
park, in a courthouse, on the real property comprising any
school, regardless of the time of day or the time of year, on
residential property owned, operated, and managed by a public
housing agency, on the real property comprising any public park,
on the real property comprising any courthouse, in any conveyance
owned, leased, or contracted by a school to transport students to
or from school or a school related activity, or on any public way
within 1,000 feet of the real property comprising any school,
public park, courthouse, or residential property owned, operated,
and managed by a public housing agency commits a Class 3 felony.
(2) A person who violates subsection 24-1(a)(1),
24-1(a)(2), or 24-1(a)(3) in any school, regardless of the time
of day or the time of year, in residential property owned,
operated and managed by a public housing agency, in a public
park, in a courthouse, on the real property comprising any
school, regardless of the time of day or the time of year, on
residential property owned, operated and managed by a public
housing agency, on the real property comprising any public park,
on the real property comprising any courthouse, in any conveyance
owned, leased or contracted by a school to transport students to
or from school or a school related activity, or on any public way
within 1,000 feet of the real property comprising any school,
public park, courthouse, or residential property owned, operated,
and managed by a public housing agency commits a Class 4 felony.
HOUSE OF REPRESENTATIVES 8275
"Courthouse" means any building that is used by the Circuit,
Appellate, or Supreme Court of this State for the conduct of
official business.
(3) Paragraphs (1), (1.5), and (2) of this subsection (c)
shall not apply to law enforcement officers or security officers
of such school, college, or university or to students carrying or
possessing firearms for use in training courses, parades,
hunting, target shooting on school ranges, or otherwise with the
consent of school authorities and which firearms are transported
unloaded enclosed in a suitable case, box, or transportation
package.
(4) For the purposes of this subsection (c), "school" means
any public or private elementary or secondary school, community
college, college, or university.
(d) The presence in an automobile other than a public omnibus of
any weapon, instrument or substance referred to in subsection (a)(7)
is prima facie evidence that it is in the possession of, and is being
carried by, all persons occupying such automobile at the time such
weapon, instrument or substance is found, except under the following
circumstances: (i) if such weapon, instrument or instrumentality is
found upon the person of one of the occupants therein; or (ii) if
such weapon, instrument or substance is found in an automobile
operated for hire by a duly licensed driver in the due, lawful and
proper pursuit of his trade, then such presumption shall not apply to
the driver.
(e) Exemptions. Crossbows, Common or Compound bows and
Underwater Spearguns are exempted from the definition of ballistic
knife as defined in paragraph (1) of subsection (a) of this Section.
(Source: P.A. 90-686, eff. 1-1-99.)
(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
Sec. 24-3. Unlawful Sale of Firearms.
(A) A person commits the offense of unlawful sale of firearms
when he or she knowingly does any of the following:
(a) Sells or gives any firearm of a size which may be
concealed upon the person to any person under 18 years of age.;
or
(b) Sells or gives any firearm to a person under 21 years
of age who has been convicted of a misdemeanor other than a
traffic offense or adjudged delinquent.; or
(c) Sells or gives any firearm to any narcotic addict.; or
(d) Sells or gives any firearm to any person who has been
convicted of a felony under the laws of this or any other
jurisdiction.; or
(e) Sells or gives any firearm to any person who has been a
patient in a mental hospital within the past 5 years.; or
(f) Sells or gives any firearms to any person who is
mentally retarded.; or
(g) Delivers any firearm of a size which may be concealed
upon the person, incidental to a sale, without withholding
delivery of such firearm for at least 72 hours after application
for its purchase has been made, or delivers any rifle, shotgun or
other long gun, incidental to a sale, without withholding
delivery of such rifle, shotgun or other long gun for at least 24
hours after application for its purchase has been made. However,
this paragraph (g) does shall not apply to: (1) the sale of a
firearm to a law enforcement officer or a person who desires to
purchase a firearm for use in promoting the public interest
incident to his or her employment as a bank guard, armed truck
guard, or other similar employment; or (2) a mail order sale of a
firearm to a nonresident of Illinois under which the firearm is
mailed to a point outside the boundaries of Illinois; or (3) the
8276 JOURNAL OF THE [December 17, 1999]
sale of a firearm to a nonresident of Illinois while at a firearm
showing or display recognized by the Illinois Department of State
Police; or (4) the sale of a firearm to a dealer licensed under
the Federal Firearms Act of the United States.; or
(h) While holding any license under the federal "Gun
Control Act of 1968", as amended, as a dealer, importer,
manufacturer or pawnbroker under the federal Gun Control Act of
1968,; manufactures, sells or delivers to any unlicensed person a
handgun having a barrel, slide, frame or receiver which is a die
casting of zinc alloy or any other nonhomogeneous metal which
will melt or deform at a temperature of less than 800 degrees
Fahrenheit. For purposes of this paragraph, (1) "firearm" is
defined as in the Firearm Owners Identification Card Act "An Act
relating to the acquisition, possession and transfer of firearms
and firearm ammunition, to provide a penalty for the violation
thereof and to make an appropriation in connection therewith",
approved August 3, 1967, as amended; and (2) "handgun" is defined
as a firearm designed to be held and fired by the use of a single
hand, and includes a combination of parts from which such a
firearm can be assembled.; or
(i) Sells or gives a firearm of any size to any person
under 18 years of age who does not possess a valid Firearm
Owner's Identification Card.
(B) (j) Paragraph (h) of subsection (A) does this Section shall
not include firearms sold within 6 months after enactment of Public
Act 78-355 (approved August 21, 1973, effective October 1, 1973) this
amendatory Act of 1973, nor is shall any firearm legally owned or
possessed by any citizen or purchased by any citizen within 6 months
after the enactment of Public Act 78-355 this amendatory Act of 1973
be subject to confiscation or seizure under the provisions of that
Public this amendatory Act of 1973. Nothing in Public Act 78-355
this amendatory Act of 1973 shall be construed to prohibit the gift
or trade of any firearm if that firearm was legally held or acquired
within 6 months after the enactment of that Public this amendatory
Act of 1973.
(C) (k) Sentence.
(1) Any person convicted of unlawful sale of firearms in
violation of any of paragraphs (c) through (h) of subsection (A)
commits a Class 4 felony.
(2) Any person convicted of unlawful sale of firearms in
violation of paragraph (b) or (i) of subsection (A) commits a
Class 3 felony.
(3) Any person convicted of unlawful sale of firearms in
violation of paragraph (a) of subsection (A) commits a Class 2
felony.
(4) Any person convicted of unlawful sale of firearms in
violation of paragraph (a), (b), or (i) of subsection (A) in any
school, on the real property comprising a school, within 1,000
feet of the real property comprising a school, at a school
related activity, or on or within 1,000 feet of any conveyance
owned, leased, or contracted by a school or school district to
transport students to or from school or a school related
activity, regardless of the time of day or time of year at which
that the offense was committed, commits a Class 1 felony. Any
person convicted of a second or subsequent violation of unlawful
sale of firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property comprising a
school, within 1,000 feet of the real property comprising a
school, at a school related activity, or on or within 1,000 feet
of any conveyance owned, leased, or contracted by a school or
school district to transport students to or from school or a
HOUSE OF REPRESENTATIVES 8277
school related activity, regardless of the time of day or time of
year at which that the offense was committed, commits a Class 1
felony for which the sentence shall be a term of imprisonment of
no less than 5 years and no more than 15 years.
(5) Any person convicted of unlawful sale of firearms in
violation of paragraph (a) or (i) of subsection (A) in
residential property owned, operated, or managed by a public
housing agency, in a public park, in a courthouse, on residential
property owned, operated, or managed by a public housing agency,
on the real property comprising any public park, on the real
property comprising any courthouse, or on any public way within
1,000 feet of the real property comprising any public park,
courthouse, or residential property owned, operated, or managed
by a public housing agency commits a Class 2 felony.
(D) (6) For purposes of this Section:
"School" means a public or private elementary or secondary
school, community college, college, or university.
"School related activity" means any sporting, social, academic,
or other activity for which students' attendance or participation is
sponsored, organized, or funded in whole or in part by a school or
school district.
(Source: P.A. 91-12, eff. 1-1-00; revised 8-18-99.)
(720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
Sec. 24-3.1. Unlawful possession of firearms and firearm
ammunition.
(a) A person commits the offense of unlawful possession of
firearms or firearm ammunition when:
(1) He is under 18 years of age and has in his possession
any firearm of a size which may be concealed upon the person; or
(2) He is under 21 years of age, has been convicted of a
misdemeanor other than a traffic offense or adjudged delinquent
and has any firearms or firearm ammunition in his possession; or
(3) He is a narcotic addict and has any firearms or firearm
ammunition in his possession; or
(4) He has been a patient in a mental hospital within the
past 5 years and has any firearms or firearm ammunition in his
possession; or
(5) He is mentally retarded and has any firearms or firearm
ammunition in his possession; or
(6) He has in his possession any explosive bullet.
For purposes of this paragraph "explosive bullet" means the
projectile portion of an ammunition cartridge which contains or
carries an explosive charge which will explode upon contact with the
flesh of a human or an animal. "Cartridge" means a tubular metal
case having a projectile affixed at the front thereof and a cap or
primer at the rear end thereof, with the propellant contained in such
tube between the projectile and the cap; or
(b) Sentence.
Unlawful possession of firearms, other than handguns, and firearm
ammunition is a Class A misdemeanor. Unlawful possession of handguns
is a Class 4 felony.
(Source: P.A. 88-680, eff. 1-1-95.)
(720 ILCS 5/33A-1) (from Ch. 38, par. 33A-1)
Sec. 33A-1. Legislative intent and definitions.
(a) Legislative findings. The legislature finds and declares the
following:
(1) The use of a dangerous weapon in the commission of a
felony offense poses a much greater threat to the public health,
safety, and general welfare, than when a weapon is not used in
the commission of the offense.
(2) Further, the use of a firearm greatly facilitates the
8278 JOURNAL OF THE [December 17, 1999]
commission of a criminal offense because of the more lethal
nature of a firearm and the greater perceived threat produced in
those confronted by a person wielding a firearm. Unlike other
dangerous weapons such as knives and clubs, the use of a firearm
in the commission of a criminal felony offense significantly
escalates the threat and the potential for bodily harm, and the
greater range of the firearm increases the potential for harm to
more persons. Not only are the victims and bystanders at greater
risk when a firearm is used, but also the law enforcement
officers whose duty is to confront and apprehend the armed
suspect.
(3) Current law does contain offenses involving the use or
discharge of a gun toward or against a person, such as aggravated
battery with a firearm, aggravated discharge of a firearm, and
reckless discharge of a firearm; however, the General Assembly
has legislated greater penalties for the commission of a felony
while in possession of a firearm because it deems such acts as
more serious.
(b) Legislative intent.
(1) In order to deter the use of firearms in the commission
of a felony offense, the General Assembly deems it appropriate
for a greater penalty to be imposed when a firearm is used or
discharged in the commission of an offense than the penalty
imposed for using other types of weapons and for the penalty to
increase on more serious offenses.
(2) With the additional elements of the discharge of a
firearm and great bodily harm inflicted by a firearm being added
to armed violence and other serious felony offenses, it is the
intent of the General Assembly to punish those elements more
severely during commission of a felony offense than when those
elements stand alone as the act of the offender.
(3) It is the intent of the 91st General Assembly that
should Public Act 88-680 be declared unconstitutional for a
violation of Article 4, Section 8 of the 1970 Constitution of the
State of Illinois, the amendatory changes made by Public Act
88-680 to Article 33A of the Criminal Code of 1961 and which are
set forth as law in this amendatory Act of the 91st General
Assembly are hereby reenacted by this amendatory Act of the 91st
General Assembly.
(c) Definitions.
(1) "Armed with a dangerous weapon". A person is considered
armed with a dangerous weapon for purposes of this Article, when
he or she carries on or about his or her person or is otherwise
armed with a Category I, Category II, or Category III weapon.
(2) A Category I weapon is a handgun, sawed-off shotgun,
sawed-off rifle, any other firearm small enough to be concealed
upon the person, semiautomatic firearm, or machine gun. A
Category II weapon is any other rifle, shotgun, spring gun, other
firearm, stun gun or taser as defined in paragraph (a) of Section
24-1 of this Code, knife with a blade of at least 3 inches in
length, dagger, dirk, switchblade knife, stiletto, axe, hatchet,
or other deadly or dangerous weapon or instrument of like
character. As used in this subsection (b) "semiautomatic
firearm" means a repeating firearm that utilizes a portion of the
energy of a firing cartridge to extract the fired cartridge case
and chamber the next round and that requires a separate pull of
the trigger to fire each cartridge.
(3) A Category III weapon is a bludgeon, black-jack,
slungshot, sand-bag, sand-club, metal knuckles, billy, or other
dangerous weapon of like character.
(Source: P.A. 91-404, eff. 1-1-00.)
HOUSE OF REPRESENTATIVES 8279
(720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
Sec. 33A-3. Sentence.
(a) Violation of Section 33A-2(a) with a Category I weapon is a
Class X felony for which the defendant shall be sentenced to a
minimum term of imprisonment of 15 years.
(a-5) Violation of Section 33A-2(a) with a Category II weapon is
a Class X felony for which the defendant shall be sentenced to a
minimum term of imprisonment of 10 years.
(b) Violation of Section 33A-2(a) with a Category III weapon is
a Class 2 felony or the felony classification provided for the same
act while unarmed, whichever permits the greater penalty. A second
or subsequent violation of Section 33A-2(a) with a Category III
weapon is a Class 1 felony or the felony classification provided for
the same act while unarmed, whichever permits the greater penalty.
(b-5) Violation of Section 33A-2(b) with a firearm that is a
Category I or Category II weapon is a Class X felony for which the
defendant shall be sentenced to a minimum term of imprisonment of 20
years.
(b-10) Violation of Section 33A-2(c) with a firearm that is a
Category I or Category II weapon is a Class X felony for which the
defendant shall be sentenced to a term of imprisonment of not less
than 25 years nor more than 40 years.
(c) Unless sentencing under Section 33B-1 is applicable, any
person who violates subsection (a) or (b) of Section 33A-2 with a
firearm, when that person has been convicted in any state or federal
court of 3 or more of the following offenses: treason, first degree
murder, second degree murder, predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual assault,
robbery, burglary, arson, kidnaping, aggravated battery resulting in
great bodily harm or permanent disability or disfigurement, or a
violation of Section 401(a) of the Illinois Controlled Substances
Act, when the third offense was committed after conviction on the
second, the second offense was committed after conviction on the
first, and the violation of Section 33A-2 was committed after
conviction on the third, shall be sentenced to a term of imprisonment
of not less than 25 years nor more than 50 years.
(c-5) Except as otherwise provided in paragraph (b-10) or (c) of
this Section, a person who violates Section 33A-2(a) with a firearm
that is a Category I weapon or Section 33A-2(b) in any school, in any
conveyance owned, leased, or contracted by a school to transport
students to or from school or a school related activity, or on the
real property comprising any school or public park, and where the
offense was related to the activities of an organized gang, shall be
sentenced to a term of imprisonment of not less than the term set
forth in subsection (a) or (b-5) of this Section, whichever is
applicable, and not more than 30 years. For the purposes of this
subsection (c-5), "organized gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention
Act.
(d) For armed violence based upon a predicate offense listed in
this subsection (d) the court shall enter the sentence for armed
violence to run consecutively to the sentence imposed for the
predicate offense. The offenses covered by this provision are:
(i) solicitation of murder,
(ii) solicitation of murder for hire,
(iii) heinous battery,
(iv) aggravated battery of a senior citizen,
(v) criminal sexual assault,
(vi) a violation of subsection (g) of Section 5 of the
Cannabis Control Act,
(vii) cannabis trafficking,
8280 JOURNAL OF THE [December 17, 1999]
(viii) a violation of subsection (a) of Section 401 of the
Illinois Controlled Substances Act,
(ix) controlled substance trafficking involving a Class X
felony amount of controlled substance under Section 401 of the
Illinois Controlled Substances Act,
(x) calculated criminal drug conspiracy, or
(xi) streetgang criminal drug conspiracy.
(Source: P.A. 91-404, eff. 1-1-00.)
(720 ILCS 5/33F-1) (from Ch. 38, par. 33F-1)
Sec. 33F-1. Definitions. For purposes of this Article:
(a) "Body Armor" means any one of the following:
(1) A military style flak or tactical assault vest which is
made of Kevlar or any other similar material or metal,
fiberglass, plastic, and nylon plates and designed to be worn
over one's clothing for the intended purpose of stopping not only
missile fragmentation from mines, grenades, mortar shells and
artillery fire but also fire from rifles, machine guns, and small
arms.
(2) Soft body armor which is made of Kevlar or any other
similar material or metal or any other type of insert and which
is lightweight and pliable and which can be easily concealed
under a shirt.
(3) A military style recon/surveillance vest which is made
of Kevlar or any other similar material and which is lightweight
and designed to be worn over one's clothing.
(4) Protective casual clothing which is made of Kevlar or
any other similar material and which was originally intended to
be used by undercover law enforcement officers or dignitaries and
is designed to look like jackets, coats, raincoats, quilted or
three piece suit vests.
(b) "Dangerous weapon" means a Category I, Category II, or
Category III weapon as defined in Section 33A-1 of this Code.
(Source: P.A. 87-521; 88-680, eff. 1-1-95.)
Section 50-6. The Criminal Identification Act is amended by
changing Section 5 as follows:
(20 ILCS 2630/5) (from Ch. 38, par. 206-5)
Sec. 5. Arrest reports; expungement.
(a) All policing bodies of this State shall furnish to the
Department, daily, in the form and detail the Department requires,
fingerprints and descriptions of all persons who are arrested on
charges of violating any penal statute of this State for offenses
that are classified as felonies and Class A or B misdemeanors and of
all minors of the age of 10 and over who have been arrested for an
offense which would be a felony if committed by an adult, and may
forward such fingerprints and descriptions for minors arrested for
Class A or B misdemeanors. Moving or nonmoving traffic violations
under the Illinois Vehicle Code shall not be reported except for
violations of Chapter 4, Section 11-204.1, or Section 11-501 of that
Code. In addition, conservation offenses, as defined in the Supreme
Court Rule 501(c), that are classified as Class B misdemeanors shall
not be reported.
Whenever an adult or minor prosecuted as an adult, not having
previously been convicted of any criminal offense or municipal
ordinance violation, charged with a violation of a municipal
ordinance or a felony or misdemeanor, is acquitted or released
without being convicted, whether the acquittal or release occurred
before, on, or after the effective date of this amendatory Act of
1991, the Chief Judge of the circuit wherein the charge was brought,
any judge of that circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding trial
judge at the defendant's trial may upon verified petition of the
HOUSE OF REPRESENTATIVES 8281
defendant order the record of arrest expunged from the official
records of the arresting authority and the Department and order that
the records of the clerk of the circuit court be sealed until further
order of the court upon good cause shown and the name of the
defendant obliterated on the official index required to be kept by
the circuit court clerk under Section 16 of the Clerks of Courts Act,
but the order shall not affect any index issued by the circuit court
clerk before the entry of the order. The Department may charge the
petitioner a fee equivalent to the cost of processing any order to
expunge or seal the records, and the fee shall be deposited into the
State Police Services Fund. The records of those arrests, however,
that result in a disposition of supervision for any offense shall not
be expunged from the records of the arresting authority or the
Department nor impounded by the court until 2 years after discharge
and dismissal of supervision. Those records that result from a
supervision for a violation of Section 3-707, 3-708, 3-710, 5-401.3,
or 11-503 of the Illinois Vehicle Code or a similar provision of a
local ordinance, or for a violation of Section 12-3.2, 12-15 or 16A-3
of the Criminal Code of 1961, or probation under Section 10 of the
Cannabis Control Act, Section 410 of the Illinois Controlled
Substances Act, Section 12-4.3(b)(1) and (2) of the Criminal Code of
1961 (as those provisions existed before their deletion by Public Act
89-313), Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act when the judgment of conviction has been vacated,
Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency
Act when the judgment of conviction has been vacated, or Section 10
of the Steroid Control Act shall not be expunged from the records of
the arresting authority nor impounded by the court until 5 years
after termination of probation or supervision. Those records that
result from a supervision for a violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local ordinance,
shall not be expunged. All records set out above may be ordered by
the court to be expunged from the records of the arresting authority
and impounded by the court after 5 years, but shall not be expunged
by the Department, but shall, on court order be sealed by the
Department and may be disseminated by the Department only as required
by law or to the arresting authority, the State's Attorney, and the
court upon a later arrest for the same or a similar offense or for
the purpose of sentencing for any subsequent felony. Upon conviction
for any offense, the Department of Corrections shall have access to
all sealed records of the Department pertaining to that individual.
(a-5) Those records maintained by the Department for persons
arrested prior to their 17th birthday shall be expunged as provided
in Section 5-915 of the Juvenile Court Act of 1987.
(b) Whenever a person has been convicted of a crime or of the
violation of a municipal ordinance, in the name of a person whose
identity he has stolen or otherwise come into possession of, the
aggrieved person from whom the identity was stolen or otherwise
obtained without authorization, upon learning of the person having
been arrested using his identity, may, upon verified petition to the
chief judge of the circuit wherein the arrest was made, have a court
order entered nunc pro tunc by the chief judge to correct the arrest
record, conviction record, if any, and all official records of the
arresting authority, the Department, other criminal justice agencies,
the prosecutor, and the trial court concerning such arrest, if any,
by removing his name from all such records in connection with the
arrest and conviction, if any, and by inserting in the records the
name of the offender, if known or ascertainable, in lieu of the has
name. The records of the clerk of the circuit court clerk shall be
sealed until further order of the court upon good cause shown and the
name of the aggrieved person obliterated on the official index
8282 JOURNAL OF THE [December 17, 1999]
required to be kept by the circuit court clerk under Section 16 of
the Clerks of Courts Act, but the order shall not affect any index
issued by the circuit court clerk before the entry of the order.
Nothing in this Section shall limit the Department of State Police or
other criminal justice agencies or prosecutors from listing under an
offender's name the false names he or she has used. For purposes of
this Section, convictions for moving and nonmoving traffic violations
other than convictions for violations of Chapter 4, Section 11-204.1
or Section 11-501 of the Illinois Vehicle Code shall not be a bar to
expunging the record of arrest and court records for violation of a
misdemeanor or municipal ordinance.
(c) Whenever a person who has been convicted of an offense is
granted a pardon by the Governor which specifically authorizes
expungement, he may, upon verified petition to the chief judge of the
circuit where the person had been convicted, any judge of the circuit
designated by the Chief Judge, or in counties of less than 3,000,000
inhabitants, the presiding trial judge at the defendant's trial, may
have a court order entered expunging the record of arrest from the
official records of the arresting authority and order that the
records of the clerk of the circuit court and the Department be
sealed until further order of the court upon good cause shown or as
otherwise provided herein, and the name of the defendant obliterated
from the official index requested to be kept by the circuit court
clerk under Section 16 of the Clerks of Courts Act in connection with
the arrest and conviction for the offense for which he had been
pardoned but the order shall not affect any index issued by the
circuit court clerk before the entry of the order. All records
sealed by the Department may be disseminated by the Department only
as required by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for the same or similar
offense or for the purpose of sentencing for any subsequent felony.
Upon conviction for any subsequent offense, the Department of
Corrections shall have access to all sealed records of the Department
pertaining to that individual. Upon entry of the order of
expungement, the clerk of the circuit court shall promptly mail a
copy of the order to the person who was pardoned.
(c-5) Whenever a person has been convicted of criminal sexual
assault, aggravated criminal sexual assault, predatory criminal
sexual assault of a child, criminal sexual abuse, or aggravated
criminal sexual abuse, the victim of that offense may request that
the State's Attorney of the county in which the conviction occurred
file a verified petition with the presiding trial judge at the
defendant's trial to have a court order entered to seal the records
of the clerk of the circuit court in connection with the proceedings
of the trial court concerning that offense. However, the records of
the arresting authority and the Department of State Police concerning
the offense shall not be sealed. The court, upon good cause shown,
shall make the records of the clerk of the circuit court in
connection with the proceedings of the trial court concerning the
offense available for public inspection.
(d) Notice of the petition for subsections (a), (b), and (c)
shall be served upon the State's Attorney or prosecutor charged with
the duty of prosecuting the offense, the Department of State Police,
the arresting agency and the chief legal officer of the unit of local
government affecting the arrest. Unless the State's Attorney or
prosecutor, the Department of State Police, the arresting agency or
such chief legal officer objects to the petition within 30 days from
the date of the notice, the court shall enter an order granting or
denying the petition. The clerk of the court shall promptly mail a
copy of the order to the person, the arresting agency, the
prosecutor, the Department of State Police and such other criminal
HOUSE OF REPRESENTATIVES 8283
justice agencies as may be ordered by the judge.
(e) Nothing herein shall prevent the Department of State Police
from maintaining all records of any person who is admitted to
probation upon terms and conditions and who fulfills those terms and
conditions pursuant to Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act, Section 12-4.3
of the Criminal Code of 1961, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of the
Alcoholism and Other Drug Abuse and Dependency Act, or Section 10 of
the Steroid Control Act.
(f) No court order issued pursuant to the expungement provisions
of this Section shall become final for purposes of appeal until 30
days after notice is received by the Department. Any court order
contrary to the provisions of this Section is void.
(g) Except as otherwise provided in subsection (c-5) of this
Section, the court shall not order the sealing or expungement of the
arrest records and records of the circuit court clerk of any person
granted supervision for or convicted of any sexual offense committed
against a minor under 18 years of age. For the purposes of this
Section, "sexual offense committed against a minor" includes but is
not limited to the offenses of indecent solicitation of a child or
criminal sexual abuse when the victim of such offense is under 18
years of age.
(h) Notwithstanding any other provision of this Section, one
year after a discharge and dismissal under subsection (b-5) of
Section 24-1 of the Criminal Code of 1961, the court shall upon
verified petition of the defendant order the record of arrest
expunged from the official records of the arresting authority and
sealed by the Department and order that the records of the clerk of
the circuit court be sealed until further order of the court upon
good cause shown and the name of the defendant obliterated on the
official index required to be kept by the circuit court clerk under
Section 16 of the Clerks of Courts Act, unless the State's
Attorney files an objection. If the State's Attorney files an
objection, the court shall set a hearing and notify all parties.
After the hearing, the court shall determine whether good cause
exists for the expungement and enter an order in accordance with its
findings. The order shall not affect any index issued by the
circuit court clerk before the entry of the order. The Department
may charge the petitioner a fee equivalent to the cost of
processing any order, and the fee shall be deposited into the
State Police Services Fund. All records sealed by the Department
may be disseminated by the Department only as required by law or to
the arresting authority, the State's Attorney, and the court upon a
later arrest for the same or a similar offense or for the purpose of
sentencing for any subsequent felony. Upon conviction for any
offense, the Department of Corrections shall have access to all
sealed records of the Department pertaining to that individual.
(Source: P.A. 90-590, eff. 1-1-00; 91-295, eff. 1-1-00; 91-357, eff.
7-29-99.)
Section 50-10. The Wrongs to Children Act is amended by
re-enacting Section 5.1 as follows:
(720 ILCS 150/5.1) (from Ch. 23, par. 2355.1)
Sec. 5.1. A. A parent, step-parent, legal guardian, or other
person having custody of a child who knowingly allows or permits an
act of criminal sexual abuse or criminal sexual assault as defined in
Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
1961, upon his or her child, or knowingly permits, induces, promotes,
or arranges for the child to engage in prostitution as defined in
Section 11-14 of the Criminal Code of 1961, and fails to take
reasonable steps to prevent its commission or future occurrences of
8284 JOURNAL OF THE [December 17, 1999]
such acts commits the offense of permitting the sexual abuse of a
child. For purposes of this Section, "child" means a minor under the
age of 17 years.
B. Any person convicted of permitting the sexual abuse of a
child is guilty of a Class 1 felony.
(Source: P.A. 88-680, eff. 1-1-95; 89-428, eff. 12-13-95; 89-462,
eff. 5-29-96.)
Section 50-15. The Unified Code of Corrections is amended by
re-enacting Section 5-5-3 as follows:
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
Sec. 5-5-3. Disposition.
(a) Every person convicted of an offense shall be sentenced as
provided in this Section.
(b) The following options shall be appropriate dispositions,
alone or in combination, for all felonies and misdemeanors other than
those identified in subsection (c) of this Section:
(1) A period of probation.
(2) A term of periodic imprisonment.
(3) A term of conditional discharge.
(4) A term of imprisonment.
(5) An order directing the offender to clean up and repair
the damage, if the offender was convicted under paragraph (h) of
Section 21-1 of the Criminal Code of 1961.
(6) A fine.
(7) An order directing the offender to make restitution to
the victim under Section 5-5-6 of this Code.
(8) A sentence of participation in a county impact
incarceration program under Section 5-8-1.2 of this Code.
Whenever an individual is sentenced for an offense based upon an
arrest for a violation of Section 11-501 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and the
professional evaluation recommends remedial or rehabilitative
treatment or education, neither the treatment nor the education shall
be the sole disposition and either or both may be imposed only in
conjunction with another disposition. The court shall monitor
compliance with any remedial education or treatment recommendations
contained in the professional evaluation. Programs conducting
alcohol or other drug evaluation or remedial education must be
licensed by the Department of Human Services. However, if the
individual is not a resident of Illinois, the court may accept an
alcohol or other drug evaluation or remedial education program in the
state of such individual's residence. Programs providing treatment
must be licensed under existing applicable alcoholism and drug
treatment licensure standards.
In addition to any other fine or penalty required by law, any
individual convicted of a violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of local ordinance, whose
operation of a motor vehicle while in violation of Section 11-501 or
such ordinance proximately caused an incident resulting in an
appropriate emergency response, shall be required to make restitution
to a public agency for the costs of that emergency response. Such
restitution shall not exceed $500 per public agency for each such
emergency response. For the purpose of this paragraph, emergency
response shall mean any incident requiring a response by: a police
officer as defined under Section 1-162 of the Illinois Vehicle Code;
a fireman carried on the rolls of a regularly constituted fire
department; and an ambulance as defined under Section 4.05 of the
Emergency Medical Services (EMS) Systems Act.
Neither a fine nor restitution shall be the sole disposition for
a felony and either or both may be imposed only in conjunction with
another disposition.
HOUSE OF REPRESENTATIVES 8285
(c) (1) When a defendant is found guilty of first degree murder
the State may either seek a sentence of imprisonment under
Section 5-8-1 of this Code, or where appropriate seek a sentence
of death under Section 9-1 of the Criminal Code of 1961.
(2) A period of probation, a term of periodic imprisonment
or conditional discharge shall not be imposed for the following
offenses. The court shall sentence the offender to not less than
the minimum term of imprisonment set forth in this Code for the
following offenses, and may order a fine or restitution or both
in conjunction with such term of imprisonment:
(A) First degree murder where the death penalty is not
imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation of
subdivision (c)(2) of Section 401 of that Act which relates
to more than 5 grams of a substance containing cocaine or an
analog thereof.
(E) A violation of Section 5.1 or 9 of the Cannabis
Control Act.
(F) A Class 2 or greater felony if the offender had
been convicted of a Class 2 or greater felony within 10
years of the date on which he committed the offense for
which he is being sentenced.
(G) Residential burglary.
(H) Criminal sexual assault, except as otherwise
provided in subsection (e) of this Section.
(I) Aggravated battery of a senior citizen.
(J) A forcible felony if the offense was related to
the activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of 5 or
more persons, with an established hierarchy, that encourages
members of the association to perpetrate crimes or provides
support to the members of the association who do commit
crimes.
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the offense
of hate crime when the underlying offense upon which the
hate crime is based is felony aggravated assault or felony
mob action.
(M) A second or subsequent conviction for the offense
of institutional vandalism if the damage to the property
exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act.
(O) A violation of Section 12-6.1 of the Criminal Code
of 1961.
(P) A violation of paragraph (1), (2), (3), (4), (5),
or (7) of subsection (a) of Section 11-20.1 of the Criminal
Code of 1961.
(Q) A violation of Section 20-1.2 of the Criminal Code
of 1961.
(R) A violation of Section 24-3A of the Criminal Code
of 1961.
8286 JOURNAL OF THE [December 17, 1999]
(3) A minimum term of imprisonment of not less than 48
consecutive hours or 100 hours of community service as may be
determined by the court shall be imposed for a second or
subsequent violation committed within 5 years of a previous
violation of Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance.
(4) A minimum term of imprisonment of not less than 7
consecutive days or 30 days of community service shall be imposed
for a violation of paragraph (c) of Section 6-303 of the Illinois
Vehicle Code.
(4.1) A minimum term of 30 consecutive days of
imprisonment, 40 days of 24 hour periodic imprisonment or 720
hours of community service, as may be determined by the court,
shall be imposed for a violation of Section 11-501 of the
Illinois Vehicle Code during a period in which the defendant's
driving privileges are revoked or suspended, where the revocation
or suspension was for a violation of Section 11-501 or Section
11-501.1 of that Code.
(5) The court may sentence an offender convicted of a
business offense or a petty offense or a corporation or
unincorporated association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section 5-5-6
of this Code.
(6) In no case shall an offender be eligible for a
disposition of probation or conditional discharge for a Class 1
felony committed while he was serving a term of probation or
conditional discharge for a felony.
(7) When a defendant is adjudged a habitual criminal under
Article 33B of the Criminal Code of 1961, the court shall
sentence the defendant to a term of natural life imprisonment.
(8) When a defendant, over the age of 21 years, is
convicted of a Class 1 or Class 2 felony, after having twice been
convicted of any Class 2 or greater Class felonies in Illinois,
and such charges are separately brought and tried and arise out
of different series of acts, such defendant shall be sentenced as
a Class X offender. This paragraph shall not apply unless (1) the
first felony was committed after the effective date of this
amendatory Act of 1977; and (2) the second felony was committed
after conviction on the first; and (3) the third felony was
committed after conviction on the second.
(9) A defendant convicted of a second or subsequent offense
of ritualized abuse of a child may be sentenced to a term of
natural life imprisonment.
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The trial
court shall hold a hearing under Section 5-4-1 of the Unified Code of
Corrections which may include evidence of the defendant's life, moral
character and occupation during the time since the original sentence
was passed. The trial court shall then impose sentence upon the
defendant. The trial court may impose any sentence which could have
been imposed at the original trial subject to Section 5-5-4 of the
Unified Code of Corrections.
(e) In cases where prosecution for criminal sexual assault or
aggravated criminal sexual abuse under Section 12-13 or 12-16 of the
Criminal Code of 1961 results in conviction of a defendant who was a
family member of the victim at the time of the commission of the
offense, the court shall consider the safety and welfare of the
victim and may impose a sentence of probation only where:
(1) the court finds (A) or (B) or both are appropriate:
HOUSE OF REPRESENTATIVES 8287
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of 2
years; or
(B) the defendant is willing to participate in a court
approved plan including but not limited to the defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the family;
(iv) restitution for harm done to the victim; and
(v) compliance with any other measures that the
court may deem appropriate; and
(2) the court orders the defendant to pay for the victim's
counseling services, to the extent that the court finds, after
considering the defendant's income and assets, that the defendant
is financially capable of paying for such services, if the victim
was under 18 years of age at the time the offense was committed
and requires counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section 5-6-4;
except where the court determines at the hearing that the defendant
violated a condition of his or her probation restricting contact with
the victim or other family members or commits another offense with
the victim or other family members, the court shall revoke the
defendant's probation and impose a term of imprisonment.
For the purposes of this Section, "family member" and "victim"
shall have the meanings ascribed to them in Section 12-12 of the
Criminal Code of 1961.
(f) This Article shall not deprive a court in other proceedings
to order a forfeiture of property, to suspend or cancel a license, to
remove a person from office, or to impose any other civil penalty.
(g) Whenever a defendant is convicted of an offense under
Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, 11-19,
11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
Criminal Code of 1961, the defendant shall undergo medical testing to
determine whether the defendant has any sexually transmissible
disease, including a test for infection with human immunodeficiency
virus (HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Any such medical test shall be
performed only by appropriately licensed medical practitioners and
may include an analysis of any bodily fluids as well as an
examination of the defendant's person. Except as otherwise provided
by law, the results of such test shall be kept strictly confidential
by all medical personnel involved in the testing and must be
personally delivered in a sealed envelope to the judge of the court
in which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the victim
and the public, the judge shall have the discretion to determine to
whom, if anyone, the results of the testing may be revealed. The
court shall notify the defendant of the test results. The court
shall also notify the victim if requested by the victim, and if the
victim is under the age of 15 and if requested by the victim's
parents or legal guardian, the court shall notify the victim's
parents or legal guardian of the test results. The court shall
provide information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to whom the
results of the testing are revealed and shall direct the State's
Attorney to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results of any
HIV test administered under this Section, and the court shall grant
the disclosure if the State's Attorney shows it is relevant in order
to prosecute a charge of criminal transmission of HIV under Section
12-16.2 of the Criminal Code of 1961 against the defendant. The
8288 JOURNAL OF THE [December 17, 1999]
court shall order that the cost of any such test shall be paid by the
county and may be taxed as costs against the convicted defendant.
(g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public Health
including but not limited to tuberculosis, the results of the test
shall be personally delivered by the warden or his or her designee in
a sealed envelope to the judge of the court in which the inmate must
appear for the judge's inspection in camera if requested by the
judge. Acting in accordance with the best interests of those in the
courtroom, the judge shall have the discretion to determine what if
any precautions need to be taken to prevent transmission of the
disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether the
defendant has been exposed to human immunodeficiency virus (HIV) or
any other identified causative agent of acquired immunodeficiency
syndrome (AIDS). Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally delivered in
a sealed envelope to the judge of the court in which the conviction
was entered for the judge's inspection in camera. Acting in
accordance with the best interests of the public, the judge shall
have the discretion to determine to whom, if anyone, the results of
the testing may be revealed. The court shall notify the defendant of
a positive test showing an infection with the human immunodeficiency
virus (HIV). The court shall provide information on the availability
of HIV testing and counseling at Department of Public Health
facilities to all parties to whom the results of the testing are
revealed and shall direct the State's Attorney to provide the
information to the victim when possible. A State's Attorney may
petition the court to obtain the results of any HIV test administered
under this Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a charge
of criminal transmission of HIV under Section 12-16.2 of the Criminal
Code of 1961 against the defendant. The court shall order that the
cost of any such test shall be paid by the county and may be taxed as
costs against the convicted defendant.
(i) All fines and penalties imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code,
or a similar provision of a local ordinance, and any violation of the
Child Passenger Protection Act, or a similar provision of a local
ordinance, shall be collected and disbursed by the circuit clerk as
provided under Section 27.5 of the Clerks of Courts Act.
(j) In cases when prosecution for any violation of Section 11-6,
11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-17.1,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-21, 12-13,
12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961, any
violation of the Illinois Controlled Substances Act, or any violation
of the Cannabis Control Act results in conviction, a disposition of
court supervision, or an order of probation granted under Section 10
of the Cannabis Control Act or Section 410 of the Illinois Controlled
Substance Act of a defendant, the court shall determine whether the
defendant is employed by a facility or center as defined under the
Child Care Act of 1969, a public or private elementary or secondary
school, or otherwise works with children under 18 years of age on a
daily basis. When a defendant is so employed, the court shall order
the Clerk of the Court to send a copy of the judgment of conviction
or order of supervision or probation to the defendant's employer by
certified mail. If the employer of the defendant is a school, the
Clerk of the Court shall direct the mailing of a copy of the judgment
HOUSE OF REPRESENTATIVES 8289
of conviction or order of supervision or probation to the appropriate
regional superintendent of schools. The regional superintendent of
schools shall notify the State Board of Education of any notification
under this subsection.
(j-5) A defendant at least 17 years of age who is convicted of a
felony and who has not been previously convicted of a misdemeanor or
felony and who is sentenced to a term of imprisonment in the Illinois
Department of Corrections shall as a condition of his or her sentence
be required by the court to attend educational courses designed to
prepare the defendant for a high school diploma and to work toward a
high school diploma or to work toward passing the high school level
Test of General Educational Development (GED) or to work toward
completing a vocational training program offered by the Department of
Corrections. If a defendant fails to complete the educational
training required by his or her sentence during the term of
incarceration, the Prisoner Review Board shall, as a condition of
mandatory supervised release, require the defendant, at his or her
own expense, to pursue a course of study toward a high school diploma
or passage of the GED test. The Prisoner Review Board shall revoke
the mandatory supervised release of a defendant who wilfully fails to
comply with this subsection (j-5) upon his or her release from
confinement in a penal institution while serving a mandatory
supervised release term; however, the inability of the defendant
after making a good faith effort to obtain financial aid or pay for
the educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the defendant whose
mandatory supervised release term has been revoked under this
subsection (j-5) as provided in Section 3-3-9. This subsection (j-5)
does not apply to a defendant who has a high school diploma or has
successfully passed the GED test. This subsection (j-5) does not
apply to a defendant who is determined by the court to be
developmentally disabled or otherwise mentally incapable of
completing the educational or vocational program.
(k) A court may not impose a sentence or disposition for a
felony or misdemeanor that requires the defendant to be implanted or
injected with or to use any form of birth control.
(l) (A) Except as provided in paragraph (C) of subsection (l),
whenever a defendant, who is an alien as defined by the
Immigration and Nationality Act, is convicted of any felony or
misdemeanor offense, the court after sentencing the defendant
may, upon motion of the State's Attorney, hold sentence in
abeyance and remand the defendant to the custody of the Attorney
General of the United States or his or her designated agent to be
deported when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as provided in
this Chapter V.
(B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on probation
under Section 10 of the Cannabis Control Act or Section 410 of
the Illinois Controlled Substances Act, the court may, upon
motion of the State's Attorney to suspend the sentence imposed,
commit the defendant to the custody of the Attorney General of
the United States or his or her designated agent when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
8290 JOURNAL OF THE [December 17, 1999]
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who are
subject to the provisions of paragraph (2) of subsection (a) of
Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of the
United States, the defendant shall be recommitted to the custody
of the county from which he or she was sentenced. Thereafter, the
defendant shall be brought before the sentencing court, which may
impose any sentence that was available under Section 5-5-3 at the
time of initial sentencing. In addition, the defendant shall not
be eligible for additional good conduct credit for meritorious
service as provided under Section 3-6-6.
(m) A person convicted of criminal defacement of property under
Section 21-1.3 of the Criminal Code of 1961, in which the property
damage exceeds $300 and the property damaged is a school building,
shall be ordered to perform community service that may include
cleanup, removal, or painting over the defacement.
(Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680, eff.
1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98; 91-357, eff.
7-29-99; 91-404, eff. 1-1-00.)
ARTICLE 900
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text that is
not yet or no longer in effect (for example, a Section represented by
multiple versions), the use of that text does not accelerate or delay
the taking effect of (i) the changes made by this Act or (ii)
provisions derived from any other Public Act.
ARTICLE 990
Section 990-1. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
ARTICLE 999
Section 999-1. Effective date. This Act takes effect upon
becoming law.".
The motion prevailed and the amendment was adopted and ordered
printed.
There being no further amendments, the foregoing Amendment No. 2
was adopted and the bill, as amended, was advanced to the order of
Third Reading.
SENATE BILLS ON THIRD READING
The following bill and any amendments adopted thereto was printed
and laid upon the Members' desks. Any amendments pending were tabled
pursuant to Rule 40(a).
On motion of Representative Madigan, SENATE BILL 224 was taken up
and read by title a third time. A three-fifths vote is required.
And the question being, "Shall this bill pass?" it was decided in
the affirmative by the following vote:
92, Yeas; 20, Nays; 0, Answering Present.
(ROLL CALL 2-2ss)
This bill, as amended, having received the votes of three-fifths
of the Members elected, was declared passed.
Ordered that the Clerk inform the Senate thereof and ask their
HOUSE OF REPRESENTATIVES 8291
concurrence in the House amendment/s adopted thereto.
RECESS
At the hour of 3:41 o'clock p.m., Representative Hannig moved
that the House do now take a recess until 5:30 o'clock p.m.
The motion prevailed.
At the hour of 5:25 o'clock p.m., the House resumed its session.
Speaker Madigan in the Chair.
At the hour of 5:28 o'clock p.m., Representative Hartke moved
that the House do now adjourn until Saturday, December 18, 1999, at
11:00 o'clock a.m.
The motion prevailed.
And the Second Special Session stood adjourned.
8292 JOURNAL OF THE [December 17, 1999]
NO. 1-2ss
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SECOND SPECIAL SESSION
QUORUM ROLL CALL FOR ATTENDANCE
DEC 17, 1999
0 YEAS 0 NAYS 113 PRESENT
P ACEVEDO P FOWLER P LINDNER P RIGHTER
P BASSI P FRANKS P LOPEZ P RONEN
P BEAUBIEN P FRITCHEY P LYONS,EILEEN P RUTHERFORD
P BELLOCK P GARRETT P LYONS,JOSEPH P RYDER
P BIGGINS P GASH P MATHIAS P SAVIANO
E BLACK P GIGLIO P MAUTINO P SCHMITZ
P BOLAND P GILES P McAULIFFE E SCHOENBERG
P BOST P GRANBERG P McCARTHY P SCOTT
P BRADLEY P HAMOS P McGUIRE P SCULLY
P BRADY P HANNIG P McKEON P SHARP
P BROSNAHAN P HARRIS P MEYER P SILVA
P BRUNSVOLD P HARTKE P MITCHELL,BILL P SKINNER
P BUGIELSKI P HASSERT P MITCHELL,JERRYE SLONE
P BURKE P HOEFT P MOFFITT P SMITH
P CAPPARELLI P HOFFMAN P MOORE P SOMMER
P COULSON P HOLBROOK P MORROW P STEPHENS
P COWLISHAW P HOWARD P MULLIGAN P STROGER
P CROSS P HULTGREN E MURPHY P TENHOUSE
P CROTTY P JOHNSON,TIM P MYERS P TURNER,ART
P CURRIE P JOHNSON,TOM P NOVAK P TURNER,JOHN
P CURRY P JONES,JOHN P O'BRIEN P WAIT
P DANIELS P JONES,LOU P O'CONNOR P WINKEL
P DART P JONES,SHIRLEY P OSMOND P WINTERS
P DAVIS,MONIQUE P KENNER E PANKAU P WIRSING
P DAVIS,STEVE P KLINGLER P PARKE P WOJCIK
P DELGADO P KOSEL P PERSICO P WOOLARD
P DURKIN P KRAUSE P POE P YOUNGE
P ERWIN P LANG P PUGH P ZICKUS
P FEIGENHOLTZ P LAWFER P REITZ P MR. SPEAKER
P FLOWERS P LEITCH
E - Denotes Excused Absence
HOUSE OF REPRESENTATIVES 8293
NO. 2-2ss
STATE OF ILLINOIS
NINETY-FIRST
GENERAL ASSEMBLY
HOUSE ROLL CALL
SECOND SPECIAL SESSION
SENATE BILL 224
CRIM CD-SEXUAL OFFENSE-MINORS
THIRD READING
PASSED
THREE-FIFTHS VOTE REQUIRED
DEC 17, 1999
92 YEAS 20 NAYS 0 PRESENT
Y ACEVEDO N FOWLER Y LINDNER Y RIGHTER
Y BASSI Y FRANKS Y LOPEZ Y RONEN
Y BEAUBIEN Y FRITCHEY Y LYONS,EILEEN N RUTHERFORD
Y BELLOCK Y GARRETT Y LYONS,JOSEPH N RYDER
Y BIGGINS Y GASH Y MATHIAS Y SAVIANO
E BLACK Y GIGLIO Y MAUTINO Y SCHMITZ
Y BOLAND Y GILES Y McAULIFFE E SCHOENBERG
N BOST Y GRANBERG Y McCARTHY Y SCOTT
Y BRADLEY Y HAMOS Y McGUIRE Y SCULLY
N BRADY N HANNIG Y McKEON Y SHARP
Y BROSNAHAN Y HARRIS Y MEYER Y SILVA
N BRUNSVOLD N HARTKE N MITCHELL,BILL Y SKINNER
Y BUGIELSKI Y HASSERT Y MITCHELL,JERRYE SLONE
Y BURKE Y HOEFT Y MOFFITT N SMITH
Y CAPPARELLI Y HOFFMAN Y MOORE N SOMMER
Y COULSON N HOLBROOK A MORROW N STEPHENS
Y COWLISHAW Y HOWARD Y MULLIGAN Y STROGER
Y CROSS Y HULTGREN E MURPHY Y TENHOUSE
Y CROTTY N JOHNSON,TIM Y MYERS Y TURNER,ART
Y CURRIE Y JOHNSON,TOM Y NOVAK N TURNER,JOHN
Y CURRY N JONES,JOHN Y O'BRIEN Y WAIT
Y DANIELS Y JONES,LOU Y O'CONNOR Y WINKEL
Y DART Y JONES,SHIRLEY Y OSMOND Y WINTERS
Y DAVIS,MONIQUE Y KENNER E PANKAU Y WIRSING
N DAVIS,STEVE Y KLINGLER Y PARKE Y WOJCIK
Y DELGADO Y KOSEL Y PERSICO N WOOLARD
Y DURKIN Y KRAUSE N POE Y YOUNGE
Y ERWIN Y LANG Y PUGH Y ZICKUS
Y FEIGENHOLTZ Y LAWFER N REITZ Y MR. SPEAKER
Y FLOWERS Y LEITCH
E - Denotes Excused Absence
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