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91_HB3091
LRB9111136WHdv
1 AN ACT to re-enact various criminal provisions of Public
2 Act 88-680 and to amend the Criminal Code of 1961 and the
3 Criminal Identification Act.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 1. Purpose.
7 (1) The General Assembly finds and declares that:
8 (i) Public Act 88-680, effective January 1, 1995,
9 contained provisions amending various criminal statutes.
10 Public Act 88-680 also contained other provisions.
11 (ii) In addition, Public Act 88-680 was entitled
12 "AN ACT to create a Safe Neighborhoods Law". (A) Article
13 5 was entitled JUVENILE JUSTICE and amended the Juvenile
14 Court Act of 1987. (B) Article 15 was entitled GANGS and
15 amended various provisions of the Criminal Code of 1961
16 and the Unified Code of Corrections. (C) Article 20 was
17 entitled ALCOHOL ABUSE and amended various provisions of
18 the Illinois Vehicle Code. (D) Article 25 was entitled
19 DRUG ABUSE and amended the Cannabis Control Act and the
20 Illinois Controlled Substances Act. (E) Article 30 was
21 entitled FIREARMS and amended the Criminal Code of 1961
22 and the Code of Criminal Procedure of 1963. (F) Article
23 35 amended the Criminal Code of 1961, the Rights of Crime
24 Victims and Witnesses Act, and the Unified Code of
25 Corrections. (G) Article 40 amended the Criminal Code of
26 1961 to increase the penalty for compelling organization
27 membership of persons. (H) Article 45 created the Secure
28 Residential Youth Care Facility Licensing Act and amended
29 the State Finance Act, the Juvenile Court Act of 1987,
30 the Unified Code of Corrections, and the Private
31 Correctional Facility Moratorium Act. (I) Article 50
32 amended the WIC Vendor Management Act, the Firearm Owners
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1 Identification Card Act, the Juvenile Court Act of 1987,
2 the Criminal Code of 1961, the Wrongs to Children Act,
3 and the Unified Code of Corrections.
4 (iii) On December 2, 1999, the Illinois Supreme
5 Court, in People v. Cervantes, Docket No. 87229, ruled
6 that Public Act 88-680 violates the single subject clause
7 of the Illinois Constitution (Article IV, Section 8 (d))
8 and was unconstitutional in its entirety.
9 (iv) The criminal provisions of Public Act 88-680
10 are of vital concern to the people of this State and
11 legislative action concerning various criminal provisions
12 of Public Act 88-680 is necessary.
13 (2) It is the purpose of this Act to re-enact various
14 criminal provisions (other than provisions relating to child
15 pornography and WIC Fraud that have been re-enacted by Public
16 Acts 91-54 and 91-155 and provisions amending Section 6 of
17 the Firearm Owners Identification Act) contained in Public
18 Act 88-680, including subsequent amendments. This
19 re-enactment is intended to remove any question as to the
20 validity or content of those provisions.
21 (3) This Act re-enacts various criminal provisions
22 (other than provisions relating to child pornography and WIC
23 Fraud that have been re-enacted by Public Acts 91-54 and
24 91-155 and provisions amending Section 6 of the Firearm
25 Owners Identification Act) contained in Public Act 88-680,
26 including subsequent amendments, to remove any question as to
27 the validity or content of those provisions; it is not
28 intended to supersede any other Public Act that amends the
29 text of the Sections as set forth in this Act. The material
30 is shown as existing text (i.e., without underscoring),
31 except (i) for technical changes having a revisory function
32 and (ii) as provided in subsection (4).
33 (4) In addition to re-enacting Section 24-1 of the
34 Criminal Code of 1961, this Act amends that Section. This
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1 Act also amends the Criminal Identification Act by changing
2 Section 5. The amendments are shown by underscoring and
3 striking text.
4 ARTICLE 15. GANGS
5 Section 15-5. The Criminal Code of 1961 is amended by
6 re-enacting Sections 12-6, 32-4, and 32-4a as follows:
7 (720 ILCS 5/12-6) (from Ch. 38, par. 12-6)
8 Sec. 12-6. Intimidation.
9 (a) A person commits intimidation when, with intent to
10 cause another to perform or to omit the performance of any
11 act, he communicates to another, whether in person, by
12 telephone or by mail, a threat to perform without lawful
13 authority any of the following acts:
14 (1) Inflict physical harm on the person threatened
15 or any other person or on property; or
16 (2) Subject any person to physical confinement or
17 restraint; or
18 (3) Commit any criminal offense; or
19 (4) Accuse any person of an offense; or
20 (5) Expose any person to hatred, contempt or
21 ridicule; or
22 (6) Take action as a public official against anyone
23 or anything, or withhold official action, or cause such
24 action or withholding; or
25 (7) Bring about or continue a strike, boycott or
26 other collective action.
27 (b) Sentence.
28 Intimidation is a Class 3 felony for which an offender
29 may be sentenced to a term of imprisonment of not less than 2
30 years and not more than 10 years.
31 (Source: P.A. 88-680, eff. 1-1-95.)
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1 (720 ILCS 5/32-4) (from Ch. 38, par. 32-4)
2 Sec. 32-4. Communicating with jurors and witnesses.
3 (a) A person who, with intent to influence any person
4 whom he believes has been summoned as a juror, regarding any
5 matter which is or may be brought before such juror,
6 communicates, directly or indirectly, with such juror
7 otherwise than as authorized by law commits a Class 4 felony.
8 (b) A person who, with intent to deter any party or
9 witness from testifying freely, fully and truthfully to any
10 matter pending in any court, or before a Grand Jury,
11 Administrative agency or any other State or local
12 governmental unit, forcibly detains such party or witness, or
13 communicates, directly or indirectly, to such party or
14 witness any knowingly false information or a threat of injury
15 or damage to the property or person of any individual or
16 offers or delivers or threatens to withhold money or another
17 thing of value to any individual commits a Class 3 felony.
18 (Source: P.A. 88-680, eff. 1-1-95; 89-377, eff. 8-18-95.)
19 (720 ILCS 5/32-4a) (from Ch. 38, par. 32-4a)
20 Sec. 32-4a. Harassment of representatives for the child,
21 jurors, witnesses and family members of representatives for
22 the child, jurors, and witnesses.
23 (a) A person who, with intent to harass or annoy one who
24 has served or is serving or who is a family member of a
25 person who has served or is serving (1) as a juror because of
26 the verdict returned by the jury in a pending legal
27 proceeding or the participation of the juror in the verdict
28 or (2) as a witness, or who may be expected to serve as a
29 witness in a pending legal proceeding, because of the
30 testimony or potential testimony of the witness, communicates
31 directly or indirectly with the juror, witness, or family
32 member of a juror or witness in such manner as to produce
33 mental anguish or emotional distress or who conveys a threat
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1 of injury or damage to the property or person of any juror,
2 witness, or family member of the juror or witness commits a
3 Class 2 felony.
4 (b) A person who, with intent to harass or annoy one who
5 has served or is serving or who is a family member of a
6 person who has served or is serving as a representative for
7 the child, appointed under Section 506 of the Illinois
8 Marriage and Dissolution of Marriage Act, Section 12 of the
9 Uniform Child Custody Jurisdiction Act, or Section 2-502 of
10 the Code of Civil Procedure, because of the representative
11 service of that capacity, communicates directly or indirectly
12 with the representative or a family member of the
13 representative in such manner as to produce mental anguish or
14 emotional distress or who conveys a threat of injury or
15 damage to the property or person of any representative or a
16 family member of the representative commits a Class A
17 misdemeanor.
18 (c) For purposes of this Section, "family member" means
19 a spouse, parent, child, stepchild or other person related by
20 blood or by present marriage, a person who has, or allegedly
21 has a child in common, and a person who shares or allegedly
22 shares a blood relationship through a child.
23 (Source: P.A. 89-686, eff. 6-1-97; 90-126, eff. 1-1-98.)
24 Section 15-15. The Unified Code of Corrections is
25 amended by re-enacting Sections 5-5-3.2, 5-6-3, and 5-6-3.1
26 as follows:
27 (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
28 Sec. 5-5-3.2. Factors in Aggravation.
29 (a) The following factors shall be accorded weight in
30 favor of imposing a term of imprisonment or may be considered
31 by the court as reasons to impose a more severe sentence
32 under Section 5-8-1:
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1 (1) the defendant's conduct caused or threatened
2 serious harm;
3 (2) the defendant received compensation for
4 committing the offense;
5 (3) the defendant has a history of prior
6 delinquency or criminal activity;
7 (4) the defendant, by the duties of his office or
8 by his position, was obliged to prevent the particular
9 offense committed or to bring the offenders committing it
10 to justice;
11 (5) the defendant held public office at the time of
12 the offense, and the offense related to the conduct of
13 that office;
14 (6) the defendant utilized his professional
15 reputation or position in the community to commit the
16 offense, or to afford him an easier means of committing
17 it;
18 (7) the sentence is necessary to deter others from
19 committing the same crime;
20 (8) the defendant committed the offense against a
21 person 60 years of age or older or such person's
22 property;
23 (9) the defendant committed the offense against a
24 person who is physically handicapped or such person's
25 property;
26 (10) by reason of another individual's actual or
27 perceived race, color, creed, religion, ancestry, gender,
28 sexual orientation, physical or mental disability, or
29 national origin, the defendant committed the offense
30 against (i) the person or property of that individual;
31 (ii) the person or property of a person who has an
32 association with, is married to, or has a friendship with
33 the other individual; or (iii) the person or property of
34 a relative (by blood or marriage) of a person described
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1 in clause (i) or (ii). For the purposes of this Section,
2 "sexual orientation" means heterosexuality,
3 homosexuality, or bisexuality;
4 (11) the offense took place in a place of worship
5 or on the grounds of a place of worship, immediately
6 prior to, during or immediately following worship
7 services. For purposes of this subparagraph, "place of
8 worship" shall mean any church, synagogue or other
9 building, structure or place used primarily for religious
10 worship;
11 (12) the defendant was convicted of a felony
12 committed while he was released on bail or his own
13 recognizance pending trial for a prior felony and was
14 convicted of such prior felony, or the defendant was
15 convicted of a felony committed while he was serving a
16 period of probation, conditional discharge, or mandatory
17 supervised release under subsection (d) of Section 5-8-1
18 for a prior felony;
19 (13) the defendant committed or attempted to commit
20 a felony while he was wearing a bulletproof vest. For
21 the purposes of this paragraph (13), a bulletproof vest
22 is any device which is designed for the purpose of
23 protecting the wearer from bullets, shot or other lethal
24 projectiles;
25 (14) the defendant held a position of trust or
26 supervision such as, but not limited to, family member as
27 defined in Section 12-12 of the Criminal Code of 1961,
28 teacher, scout leader, baby sitter, or day care worker,
29 in relation to a victim under 18 years of age, and the
30 defendant committed an offense in violation of Section
31 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
32 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
33 1961 against that victim;
34 (15) the defendant committed an offense related to
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1 the activities of an organized gang. For the purposes of
2 this factor, "organized gang" has the meaning ascribed to
3 it in Section 10 of the Streetgang Terrorism Omnibus
4 Prevention Act;
5 (16) the defendant committed an offense in
6 violation of one of the following Sections while in a
7 school, regardless of the time of day or time of year; on
8 any conveyance owned, leased, or contracted by a school
9 to transport students to or from school or a school
10 related activity; on the real property of a school; or on
11 a public way within 1,000 feet of the real property
12 comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
13 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
14 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
15 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
16 1961;
17 (16.5) the defendant committed an offense in
18 violation of one of the following Sections while in a day
19 care center, regardless of the time of day or time of
20 year; on the real property of a day care center,
21 regardless of the time of day or time of year; or on a
22 public way within 1,000 feet of the real property
23 comprising any day care center, regardless of the time of
24 day or time of year: Section 10-1, 10-2, 10-5, 11-15.1,
25 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
26 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
27 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
28 1961;
29 (17) the defendant committed the offense by reason
30 of any person's activity as a community policing
31 volunteer or to prevent any person from engaging in
32 activity as a community policing volunteer. For the
33 purpose of this Section, "community policing volunteer"
34 has the meaning ascribed to it in Section 2-3.5 of the
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1 Criminal Code of 1961; or
2 (18) the defendant committed the offense in a
3 nursing home or on the real property comprising a nursing
4 home. For the purposes of this paragraph (18), "nursing
5 home" means a skilled nursing or intermediate long term
6 care facility that is subject to license by the Illinois
7 Department of Public Health under the Nursing Home Care
8 Act; or.
9 (19) (18) the defendant was a federally licensed
10 firearm dealer and was previously convicted of a
11 violation of subsection (a) of Section 3 of the Firearm
12 Owners Identification Card Act and has now committed
13 either a felony violation of the Firearm Owners
14 Identification Card Act or an act of armed violence while
15 armed with a firearm.
16 For the purposes of this Section:
17 "School" is defined as a public or private elementary or
18 secondary school, community college, college, or university.
19 "Day care center" means a public or private State
20 certified and licensed day care center as defined in Section
21 2.09 of the Child Care Act of 1969 that displays a sign in
22 plain view stating that the property is a day care center.
23 (b) The following factors may be considered by the court
24 as reasons to impose an extended term sentence under Section
25 5-8-2 upon any offender:
26 (1) When a defendant is convicted of any felony,
27 after having been previously convicted in Illinois or any
28 other jurisdiction of the same or similar class felony or
29 greater class felony, when such conviction has occurred
30 within 10 years after the previous conviction, excluding
31 time spent in custody, and such charges are separately
32 brought and tried and arise out of different series of
33 acts; or
34 (2) When a defendant is convicted of any felony and
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1 the court finds that the offense was accompanied by
2 exceptionally brutal or heinous behavior indicative of
3 wanton cruelty; or
4 (3) When a defendant is convicted of voluntary
5 manslaughter, second degree murder, involuntary
6 manslaughter or reckless homicide in which the defendant
7 has been convicted of causing the death of more than one
8 individual; or
9 (4) When a defendant is convicted of any felony
10 committed against:
11 (i) a person under 12 years of age at the time
12 of the offense or such person's property;
13 (ii) a person 60 years of age or older at the
14 time of the offense or such person's property; or
15 (iii) a person physically handicapped at the
16 time of the offense or such person's property; or
17 (5) In the case of a defendant convicted of
18 aggravated criminal sexual assault or criminal sexual
19 assault, when the court finds that aggravated criminal
20 sexual assault or criminal sexual assault was also
21 committed on the same victim by one or more other
22 individuals, and the defendant voluntarily participated
23 in the crime with the knowledge of the participation of
24 the others in the crime, and the commission of the crime
25 was part of a single course of conduct during which there
26 was no substantial change in the nature of the criminal
27 objective; or
28 (6) When a defendant is convicted of any felony and
29 the offense involved any of the following types of
30 specific misconduct committed as part of a ceremony,
31 rite, initiation, observance, performance, practice or
32 activity of any actual or ostensible religious,
33 fraternal, or social group:
34 (i) the brutalizing or torturing of humans or
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1 animals;
2 (ii) the theft of human corpses;
3 (iii) the kidnapping of humans;
4 (iv) the desecration of any cemetery,
5 religious, fraternal, business, governmental,
6 educational, or other building or property; or
7 (v) ritualized abuse of a child; or
8 (7) When a defendant is convicted of first degree
9 murder, after having been previously convicted in
10 Illinois of any offense listed under paragraph (c)(2) of
11 Section 5-5-3, when such conviction has occurred within
12 10 years after the previous conviction, excluding time
13 spent in custody, and such charges are separately brought
14 and tried and arise out of different series of acts; or
15 (8) When a defendant is convicted of a felony other
16 than conspiracy and the court finds that the felony was
17 committed under an agreement with 2 or more other persons
18 to commit that offense and the defendant, with respect to
19 the other individuals, occupied a position of organizer,
20 supervisor, financier, or any other position of
21 management or leadership, and the court further finds
22 that the felony committed was related to or in
23 furtherance of the criminal activities of an organized
24 gang or was motivated by the defendant's leadership in an
25 organized gang; or
26 (9) When a defendant is convicted of a felony
27 violation of Section 24-1 of the Criminal Code of 1961
28 and the court finds that the defendant is a member of an
29 organized gang; or
30 (10) When a defendant committed the offense using a
31 firearm with a laser sight attached to it. For purposes
32 of this paragraph (10), "laser sight" has the meaning
33 ascribed to it in Section 24.6-5 of the Criminal Code of
34 1961; or.
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1 (11) (10) When a defendant who was at least 17
2 years of age at the time of the commission of the offense
3 is convicted of a felony and has been previously
4 adjudicated a delinquent minor under the Juvenile Court
5 Act of 1987 for an act that if committed by an adult
6 would be a Class X or Class 1 felony when the conviction
7 has occurred within 10 years after the previous
8 adjudication, excluding time spent in custody.
9 (b-1) For the purposes of this Section, "organized gang"
10 has the meaning ascribed to it in Section 10 of the Illinois
11 Streetgang Terrorism Omnibus Prevention Act.
12 (c) The court may impose an extended term sentence under
13 Section 5-8-2 upon any offender who was convicted of
14 aggravated criminal sexual assault or predatory criminal
15 sexual assault of a child under subsection (a)(1) of Section
16 12-14.1 of the Criminal Code of 1961 where the victim was
17 under 18 years of age at the time of the commission of the
18 offense.
19 (d) The court may impose an extended term sentence under
20 Section 5-8-2 upon any offender who was convicted of unlawful
21 use of weapons under Section 24-1 of the Criminal Code of
22 1961 for possessing a weapon that is not readily
23 distinguishable as one of the weapons enumerated in Section
24 24-1 of the Criminal Code of 1961.
25 (Source: P.A. 90-14, eff. 7-1-97; 90-651, eff. 1-1-99;
26 90-686, eff. 1-1-99; 91-119, eff. 1-1-00; 91-120, eff.
27 7-15-99; 91-252, eff. 1-1-00; 91-267, eff. 1-1-00; 91-268,
28 eff. 1-1-00; 91-357, eff. 7-29-99; 91-437, eff. 1-1-00;
29 revised 8-30-99.)
30 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
31 Sec. 5-6-3. Conditions of Probation and of Conditional
32 Discharge.
33 (a) The conditions of probation and of conditional
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1 discharge shall be that the person:
2 (1) not violate any criminal statute of any
3 jurisdiction;
4 (2) report to or appear in person before such
5 person or agency as directed by the court;
6 (3) refrain from possessing a firearm or other
7 dangerous weapon;
8 (4) not leave the State without the consent of the
9 court or, in circumstances in which the reason for the
10 absence is of such an emergency nature that prior consent
11 by the court is not possible, without the prior
12 notification and approval of the person's probation
13 officer;
14 (5) permit the probation officer to visit him at
15 his home or elsewhere to the extent necessary to
16 discharge his duties;
17 (6) perform no less than 30 hours of community
18 service and not more than 120 hours of community service,
19 if community service is available in the jurisdiction and
20 is funded and approved by the county board where the
21 offense was committed, where the offense was related to
22 or in furtherance of the criminal activities of an
23 organized gang and was motivated by the offender's
24 membership in or allegiance to an organized gang. The
25 community service shall include, but not be limited to,
26 the cleanup and repair of any damage caused by a
27 violation of Section 21-1.3 of the Criminal Code of 1961
28 and similar damage to property located within the
29 municipality or county in which the violation occurred.
30 When possible and reasonable, the community service
31 should be performed in the offender's neighborhood. For
32 purposes of this Section, "organized gang" has the
33 meaning ascribed to it in Section 10 of the Illinois
34 Streetgang Terrorism Omnibus Prevention Act;
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1 (7) if he or she is at least 17 years of age and
2 has been sentenced to probation or conditional discharge
3 for a misdemeanor or felony in a county of 3,000,000 or
4 more inhabitants and has not been previously convicted of
5 a misdemeanor or felony, may be required by the
6 sentencing court to attend educational courses designed
7 to prepare the defendant for a high school diploma and to
8 work toward a high school diploma or to work toward
9 passing the high school level Test of General Educational
10 Development (GED) or to work toward completing a
11 vocational training program approved by the court. The
12 person on probation or conditional discharge must attend
13 a public institution of education to obtain the
14 educational or vocational training required by this
15 clause (7). The court shall revoke the probation or
16 conditional discharge of a person who wilfully fails to
17 comply with this clause (7). The person on probation or
18 conditional discharge shall be required to pay for the
19 cost of the educational courses or GED test, if a fee is
20 charged for those courses or test. The court shall
21 resentence the offender whose probation or conditional
22 discharge has been revoked as provided in Section 5-6-4.
23 This clause (7) does not apply to a person who has a high
24 school diploma or has successfully passed the GED test.
25 This clause (7) does not apply to a person who is
26 determined by the court to be developmentally disabled or
27 otherwise mentally incapable of completing the
28 educational or vocational program; and
29 (8) if convicted of possession of a substance
30 prohibited by the Cannabis Control Act or Illinois
31 Controlled Substances Act after a previous conviction or
32 disposition of supervision for possession of a substance
33 prohibited by the Cannabis Control Act or Illinois
34 Controlled Substances Act or after a sentence of
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1 probation under Section 10 of the Cannabis Control Act or
2 Section 410 of the Illinois Controlled Substances Act and
3 upon a finding by the court that the person is addicted,
4 undergo treatment at a substance abuse program approved
5 by the court.
6 (b) The Court may in addition to other reasonable
7 conditions relating to the nature of the offense or the
8 rehabilitation of the defendant as determined for each
9 defendant in the proper discretion of the Court require that
10 the person:
11 (1) serve a term of periodic imprisonment under
12 Article 7 for a period not to exceed that specified in
13 paragraph (d) of Section 5-7-1;
14 (2) pay a fine and costs;
15 (3) work or pursue a course of study or vocational
16 training;
17 (4) undergo medical, psychological or psychiatric
18 treatment; or treatment for drug addiction or alcoholism;
19 (5) attend or reside in a facility established for
20 the instruction or residence of defendants on probation;
21 (6) support his dependents;
22 (7) and in addition, if a minor:
23 (i) reside with his parents or in a foster
24 home;
25 (ii) attend school;
26 (iii) attend a non-residential program for
27 youth;
28 (iv) contribute to his own support at home or
29 in a foster home;
30 (8) make restitution as provided in Section 5-5-6
31 of this Code;
32 (9) perform some reasonable public or community
33 service;
34 (10) serve a term of home confinement. In addition
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1 to any other applicable condition of probation or
2 conditional discharge, the conditions of home confinement
3 shall be that the offender:
4 (i) remain within the interior premises of the
5 place designated for his confinement during the
6 hours designated by the court;
7 (ii) admit any person or agent designated by
8 the court into the offender's place of confinement
9 at any time for purposes of verifying the offender's
10 compliance with the conditions of his confinement;
11 and
12 (iii) if further deemed necessary by the court
13 or the Probation or Court Services Department, be
14 placed on an approved electronic monitoring device,
15 subject to Article 8A of Chapter V;
16 (iv) for persons convicted of any alcohol,
17 cannabis or controlled substance violation who are
18 placed on an approved monitoring device as a
19 condition of probation or conditional discharge, the
20 court shall impose a reasonable fee for each day of
21 the use of the device, as established by the county
22 board in subsection (g) of this Section, unless
23 after determining the inability of the offender to
24 pay the fee, the court assesses a lesser fee or no
25 fee as the case may be. This fee shall be imposed in
26 addition to the fees imposed under subsections (g)
27 and (i) of this Section. The fee shall be collected
28 by the clerk of the circuit court. The clerk of the
29 circuit court shall pay all monies collected from
30 this fee to the county treasurer for deposit in the
31 substance abuse services fund under Section 5-1086.1
32 of the Counties Code; and
33 (v) for persons convicted of offenses other
34 than those referenced in clause (iv) above and who
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1 are placed on an approved monitoring device as a
2 condition of probation or conditional discharge, the
3 court shall impose a reasonable fee for each day of
4 the use of the device, as established by the county
5 board in subsection (g) of this Section, unless
6 after determining the inability of the defendant to
7 pay the fee, the court assesses a lesser fee or no
8 fee as the case may be. This fee shall be imposed
9 in addition to the fees imposed under subsections
10 (g) and (i) of this Section. The fee shall be
11 collected by the clerk of the circuit court. The
12 clerk of the circuit court shall pay all monies
13 collected from this fee to the county treasurer who
14 shall use the monies collected to defray the costs
15 of corrections. The county treasurer shall deposit
16 the fee collected in the county working cash fund
17 under Section 6-27001 or Section 6-29002 of the
18 Counties Code, as the case may be.
19 (11) comply with the terms and conditions of an
20 order of protection issued by the court pursuant to the
21 Illinois Domestic Violence Act of 1986, as now or
22 hereafter amended. A copy of the order of protection
23 shall be transmitted to the probation officer or agency
24 having responsibility for the case;
25 (12) reimburse any "local anti-crime program" as
26 defined in Section 7 of the Anti-Crime Advisory Council
27 Act for any reasonable expenses incurred by the program
28 on the offender's case, not to exceed the maximum amount
29 of the fine authorized for the offense for which the
30 defendant was sentenced;
31 (13) contribute a reasonable sum of money, not to
32 exceed the maximum amount of the fine authorized for the
33 offense for which the defendant was sentenced, to a
34 "local anti-crime program", as defined in Section 7 of
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1 the Anti-Crime Advisory Council Act;
2 (14) refrain from entering into a designated
3 geographic area except upon such terms as the court finds
4 appropriate. Such terms may include consideration of the
5 purpose of the entry, the time of day, other persons
6 accompanying the defendant, and advance approval by a
7 probation officer, if the defendant has been placed on
8 probation or advance approval by the court, if the
9 defendant was placed on conditional discharge;
10 (15) refrain from having any contact, directly or
11 indirectly, with certain specified persons or particular
12 types of persons, including but not limited to members of
13 street gangs and drug users or dealers;
14 (16) refrain from having in his or her body the
15 presence of any illicit drug prohibited by the Cannabis
16 Control Act or the Illinois Controlled Substances Act,
17 unless prescribed by a physician, and submit samples of
18 his or her blood or urine or both for tests to determine
19 the presence of any illicit drug.
20 (c) The court may as a condition of probation or of
21 conditional discharge require that a person under 18 years of
22 age found guilty of any alcohol, cannabis or controlled
23 substance violation, refrain from acquiring a driver's
24 license during the period of probation or conditional
25 discharge. If such person is in possession of a permit or
26 license, the court may require that the minor refrain from
27 driving or operating any motor vehicle during the period of
28 probation or conditional discharge, except as may be
29 necessary in the course of the minor's lawful employment.
30 (d) An offender sentenced to probation or to conditional
31 discharge shall be given a certificate setting forth the
32 conditions thereof.
33 (e) The court shall not require as a condition of the
34 sentence of probation or conditional discharge that the
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1 offender be committed to a period of imprisonment in excess
2 of 6 months. This 6 month limit shall not include periods of
3 confinement given pursuant to a sentence of county impact
4 incarceration under Section 5-8-1.2.
5 Persons committed to imprisonment as a condition of
6 probation or conditional discharge shall not be committed to
7 the Department of Corrections.
8 (f) The court may combine a sentence of periodic
9 imprisonment under Article 7 or a sentence to a county impact
10 incarceration program under Article 8 with a sentence of
11 probation or conditional discharge.
12 (g) An offender sentenced to probation or to conditional
13 discharge and who during the term of either undergoes
14 mandatory drug or alcohol testing, or both, or is assigned to
15 be placed on an approved electronic monitoring device, shall
16 be ordered to pay all costs incidental to such mandatory drug
17 or alcohol testing, or both, and all costs incidental to such
18 approved electronic monitoring in accordance with the
19 defendant's ability to pay those costs. The county board
20 with the concurrence of the Chief Judge of the judicial
21 circuit in which the county is located shall establish
22 reasonable fees for the cost of maintenance, testing, and
23 incidental expenses related to the mandatory drug or alcohol
24 testing, or both, and all costs incidental to approved
25 electronic monitoring, involved in a successful probation
26 program for the county. The concurrence of the Chief Judge
27 shall be in the form of an administrative order. The fees
28 shall be collected by the clerk of the circuit court. The
29 clerk of the circuit court shall pay all moneys collected
30 from these fees to the county treasurer who shall use the
31 moneys collected to defray the costs of drug testing, alcohol
32 testing, and electronic monitoring. The county treasurer
33 shall deposit the fees collected in the county working cash
34 fund under Section 6-27001 or Section 6-29002 of the Counties
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1 Code, as the case may be.
2 (h) Jurisdiction over an offender may be transferred
3 from the sentencing court to the court of another circuit
4 with the concurrence of both courts, or to another state
5 under an Interstate Probation Reciprocal Agreement as
6 provided in Section 3-3-11. Further transfers or retransfers
7 of jurisdiction are also authorized in the same manner. The
8 court to which jurisdiction has been transferred shall have
9 the same powers as the sentencing court.
10 (i) The court shall impose upon an offender sentenced to
11 probation after January 1, 1989 or to conditional discharge
12 after January 1, 1992, as a condition of such probation or
13 conditional discharge, a fee of $25 for each month of
14 probation or conditional discharge supervision ordered by the
15 court, unless after determining the inability of the person
16 sentenced to probation or conditional discharge to pay the
17 fee, the court assesses a lesser fee. The court may not
18 impose the fee on a minor who is made a ward of the State
19 under the Juvenile Court Act of 1987 while the minor is in
20 placement. The fee shall be imposed only upon an offender who
21 is actively supervised by the probation and court services
22 department. The fee shall be collected by the clerk of the
23 circuit court. The clerk of the circuit court shall pay all
24 monies collected from this fee to the county treasurer for
25 deposit in the probation and court services fund under
26 Section 15.1 of the Probation and Probation Officers Act.
27 (j) All fines and costs imposed under this Section for
28 any violation of Chapters 3, 4, 6, and 11 of the Illinois
29 Vehicle Code, or a similar provision of a local ordinance,
30 and any violation of the Child Passenger Protection Act, or a
31 similar provision of a local ordinance, shall be collected
32 and disbursed by the circuit clerk as provided under Section
33 27.5 of the Clerks of Courts Act.
34 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
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1 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 91-325, eff.
2 7-29-99.)
3 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
4 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
5 (a) When a defendant is placed on supervision, the court
6 shall enter an order for supervision specifying the period of
7 such supervision, and shall defer further proceedings in the
8 case until the conclusion of the period.
9 (b) The period of supervision shall be reasonable under
10 all of the circumstances of the case, but may not be longer
11 than 2 years, unless the defendant has failed to pay the
12 assessment required by Section 10.3 of the Cannabis Control
13 Act or Section 411.2 of the Illinois Controlled Substances
14 Act, in which case the court may extend supervision beyond 2
15 years. Additionally, the court shall order the defendant to
16 perform no less than 30 hours of community service and not
17 more than 120 hours of community service, if community
18 service is available in the jurisdiction and is funded and
19 approved by the county board where the offense was committed,
20 when the offense (1) was related to or in furtherance of the
21 criminal activities of an organized gang or was motivated by
22 the defendant's membership in or allegiance to an organized
23 gang; or (2) is a violation of any Section of Article 24 of
24 the Criminal Code of 1961 where a disposition of supervision
25 is not prohibited by Section 5-6-1 of this Code. The
26 community service shall include, but not be limited to, the
27 cleanup and repair of any damage caused by violation of
28 Section 21-1.3 of the Criminal Code of 1961 and similar
29 damages to property located within the municipality or county
30 in which the violation occurred. Where possible and
31 reasonable, the community service should be performed in the
32 offender's neighborhood.
33 For the purposes of this Section, "organized gang" has
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1 the meaning ascribed to it in Section 10 of the Illinois
2 Streetgang Terrorism Omnibus Prevention Act.
3 (c) The court may in addition to other reasonable
4 conditions relating to the nature of the offense or the
5 rehabilitation of the defendant as determined for each
6 defendant in the proper discretion of the court require that
7 the person:
8 (1) make a report to and appear in person before or
9 participate with the court or such courts, person, or
10 social service agency as directed by the court in the
11 order of supervision;
12 (2) pay a fine and costs;
13 (3) work or pursue a course of study or vocational
14 training;
15 (4) undergo medical, psychological or psychiatric
16 treatment; or treatment for drug addiction or alcoholism;
17 (5) attend or reside in a facility established for
18 the instruction or residence of defendants on probation;
19 (6) support his dependents;
20 (7) refrain from possessing a firearm or other
21 dangerous weapon;
22 (8) and in addition, if a minor:
23 (i) reside with his parents or in a foster
24 home;
25 (ii) attend school;
26 (iii) attend a non-residential program for
27 youth;
28 (iv) contribute to his own support at home or
29 in a foster home; and
30 (9) make restitution or reparation in an amount not
31 to exceed actual loss or damage to property and pecuniary
32 loss or make restitution under Section 5-5-6 to a
33 domestic violence shelter. The court shall determine the
34 amount and conditions of payment;
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1 (10) perform some reasonable public or community
2 service;
3 (11) comply with the terms and conditions of an
4 order of protection issued by the court pursuant to the
5 Illinois Domestic Violence Act of 1986. If the court has
6 ordered the defendant to make a report and appear in
7 person under paragraph (1) of this subsection, a copy of
8 the order of protection shall be transmitted to the
9 person or agency so designated by the court;
10 (12) reimburse any "local anti-crime program" as
11 defined in Section 7 of the Anti-Crime Advisory Council
12 Act for any reasonable expenses incurred by the program
13 on the offender's case, not to exceed the maximum amount
14 of the fine authorized for the offense for which the
15 defendant was sentenced;
16 (13) contribute a reasonable sum of money, not to
17 exceed the maximum amount of the fine authorized for the
18 offense for which the defendant was sentenced, to a
19 "local anti-crime program", as defined in Section 7 of
20 the Anti-Crime Advisory Council Act;
21 (14) refrain from entering into a designated
22 geographic area except upon such terms as the court finds
23 appropriate. Such terms may include consideration of the
24 purpose of the entry, the time of day, other persons
25 accompanying the defendant, and advance approval by a
26 probation officer;
27 (15) refrain from having any contact, directly or
28 indirectly, with certain specified persons or particular
29 types of person, including but not limited to members of
30 street gangs and drug users or dealers;
31 (16) refrain from having in his or her body the
32 presence of any illicit drug prohibited by the Cannabis
33 Control Act or the Illinois Controlled Substances Act,
34 unless prescribed by a physician, and submit samples of
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1 his or her blood or urine or both for tests to determine
2 the presence of any illicit drug;
3 (17) refrain from operating any motor vehicle not
4 equipped with an ignition interlock device as defined in
5 Section 1-129.1 of the Illinois Vehicle Code. Under this
6 condition the court may allow a defendant who is not
7 self-employed to operate a vehicle owned by the
8 defendant's employer that is not equipped with an
9 ignition interlock device in the course and scope of the
10 defendant's employment.
11 (d) The court shall defer entering any judgment on the
12 charges until the conclusion of the supervision.
13 (e) At the conclusion of the period of supervision, if
14 the court determines that the defendant has successfully
15 complied with all of the conditions of supervision, the court
16 shall discharge the defendant and enter a judgment dismissing
17 the charges.
18 (f) Discharge and dismissal upon a successful conclusion
19 of a disposition of supervision shall be deemed without
20 adjudication of guilt and shall not be termed a conviction
21 for purposes of disqualification or disabilities imposed by
22 law upon conviction of a crime. Two years after the
23 discharge and dismissal under this Section, unless the
24 disposition of supervision was for a violation of Sections
25 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
26 Vehicle Code or a similar provision of a local ordinance, or
27 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
28 Code of 1961, in which case it shall be 5 years after
29 discharge and dismissal, a person may have his record of
30 arrest sealed or expunged as may be provided by law.
31 However, any defendant placed on supervision before January
32 1, 1980, may move for sealing or expungement of his arrest
33 record, as provided by law, at any time after discharge and
34 dismissal under this Section. A person placed on supervision
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1 for a sexual offense committed against a minor as defined in
2 subsection (g) of Section 5 of the Criminal Identification
3 Act or for a violation of Section 11-501 of the Illinois
4 Vehicle Code or a similar provision of a local ordinance
5 shall not have his or her record of arrest sealed or
6 expunged.
7 (g) A defendant placed on supervision and who during the
8 period of supervision undergoes mandatory drug or alcohol
9 testing, or both, or is assigned to be placed on an approved
10 electronic monitoring device, shall be ordered to pay the
11 costs incidental to such mandatory drug or alcohol testing,
12 or both, and costs incidental to such approved electronic
13 monitoring in accordance with the defendant's ability to pay
14 those costs. The county board with the concurrence of the
15 Chief Judge of the judicial circuit in which the county is
16 located shall establish reasonable fees for the cost of
17 maintenance, testing, and incidental expenses related to the
18 mandatory drug or alcohol testing, or both, and all costs
19 incidental to approved electronic monitoring, of all
20 defendants placed on supervision. The concurrence of the
21 Chief Judge shall be in the form of an administrative order.
22 The fees shall be collected by the clerk of the circuit
23 court. The clerk of the circuit court shall pay all moneys
24 collected from these fees to the county treasurer who shall
25 use the moneys collected to defray the costs of drug testing,
26 alcohol testing, and electronic monitoring. The county
27 treasurer shall deposit the fees collected in the county
28 working cash fund under Section 6-27001 or Section 6-29002 of
29 the Counties Code, as the case may be.
30 (h) A disposition of supervision is a final order for
31 the purposes of appeal.
32 (i) The court shall impose upon a defendant placed on
33 supervision after January 1, 1992, as a condition of
34 supervision, a fee of $25 for each month of supervision
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1 ordered by the court, unless after determining the inability
2 of the person placed on supervision to pay the fee, the court
3 assesses a lesser fee. The court may not impose the fee on a
4 minor who is made a ward of the State under the Juvenile
5 Court Act of 1987 while the minor is in placement. The fee
6 shall be imposed only upon a defendant who is actively
7 supervised by the probation and court services department.
8 The fee shall be collected by the clerk of the circuit court.
9 The clerk of the circuit court shall pay all monies collected
10 from this fee to the county treasurer for deposit in the
11 probation and court services fund pursuant to Section 15.1 of
12 the Probation and Probation Officers Act.
13 (j) All fines and costs imposed under this Section for
14 any violation of Chapters 3, 4, 6, and 11 of the Illinois
15 Vehicle Code, or a similar provision of a local ordinance,
16 and any violation of the Child Passenger Protection Act, or a
17 similar provision of a local ordinance, shall be collected
18 and disbursed by the circuit clerk as provided under Section
19 27.5 of the Clerks of Courts Act.
20 (k) A defendant at least 17 years of age who is placed
21 on supervision for a misdemeanor in a county of 3,000,000 or
22 more inhabitants and who has not been previously convicted of
23 a misdemeanor or felony may as a condition of his or her
24 supervision be required by the court to attend educational
25 courses designed to prepare the defendant for a high school
26 diploma and to work toward a high school diploma or to work
27 toward passing the high school level Test of General
28 Educational Development (GED) or to work toward completing a
29 vocational training program approved by the court. The
30 defendant placed on supervision must attend a public
31 institution of education to obtain the educational or
32 vocational training required by this subsection (k). The
33 defendant placed on supervision shall be required to pay for
34 the cost of the educational courses or GED test, if a fee is
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1 charged for those courses or test. The court shall revoke
2 the supervision of a person who wilfully fails to comply with
3 this subsection (k). The court shall resentence the
4 defendant upon revocation of supervision as provided in
5 Section 5-6-4. This subsection (k) does not apply to a
6 defendant who has a high school diploma or has successfully
7 passed the GED test. This subsection (k) does not apply to a
8 defendant who is determined by the court to be
9 developmentally disabled or otherwise mentally incapable of
10 completing the educational or vocational program.
11 (l) The court shall require a defendant placed on
12 supervision for possession of a substance prohibited by the
13 Cannabis Control Act or Illinois Controlled Substances Act
14 after a previous conviction or disposition of supervision for
15 possession of a substance prohibited by the Cannabis Control
16 Act or Illinois Controlled Substances Act or a sentence of
17 probation under Section 10 of the Cannabis Control Act or
18 Section 410 of the Illinois Controlled Substances Act and
19 after a finding by the court that the person is addicted, to
20 undergo treatment at a substance abuse program approved by
21 the court.
22 (m) The court shall require a defendant placed on
23 supervision for a violation of Section 3-707 of the Illinois
24 Vehicle Code or a similar provision of a local ordinance, as
25 a condition of supervision, to give proof of his or her
26 financial responsibility as defined in Section 7-315 of the
27 Illinois Vehicle Code. The proof shall be maintained by the
28 defendant in a manner satisfactory to the Secretary of State
29 for a minimum period of one year after the date the proof is
30 first filed. The Secretary of State shall suspend the
31 driver's license of any person determined by the Secretary to
32 be in violation of this subsection.
33 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
34 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 90-784, eff.
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1 1-1-99; 91-127, eff. 1-1-00.)
2 ARTICLE 20. ALCOHOL ABUSE
3 Section 20-900. The Illinois Vehicle Code is amended by
4 re-enacting Sections 6-303 and 11-501 as follows:
5 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
6 Sec. 6-303. Driving while driver's license, permit or
7 privilege to operate a motor vehicle is suspended or revoked.
8 (a) Any person who drives or is in actual physical
9 control of a motor vehicle on any highway of this State at a
10 time when such person's driver's license, permit or privilege
11 to do so or the privilege to obtain a driver's license or
12 permit is revoked or suspended as provided by this Code or
13 the law of another state, except as may be specifically
14 allowed by a judicial driving permit, family financial
15 responsibility driving permit, probationary license to drive,
16 or a restricted driving permit issued pursuant to this Code
17 or under the law of another state, shall be guilty of a Class
18 A misdemeanor.
19 (b) The Secretary of State upon receiving a report of
20 the conviction of any violation indicating a person was
21 operating a motor vehicle during the time when said person's
22 driver's license, permit or privilege was suspended by the
23 Secretary, by the appropriate authority of another state, or
24 pursuant to Section 11-501.1; except as may be specifically
25 allowed by a probationary license to drive, judicial driving
26 permit or restricted driving permit issued pursuant to this
27 Code or the law of another state; shall extend the suspension
28 for the same period of time as the originally imposed
29 suspension; however, if the period of suspension has then
30 expired, the Secretary shall be authorized to suspend said
31 person's driving privileges for the same period of time as
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1 the originally imposed suspension; and if the conviction was
2 upon a charge which indicated that a vehicle was operated
3 during the time when the person's driver's license, permit or
4 privilege was revoked; except as may be allowed by a
5 restricted driving permit issued pursuant to this Code or the
6 law of another state; the Secretary shall not issue a
7 driver's license for an additional period of one year from
8 the date of such conviction indicating such person was
9 operating a vehicle during such period of revocation.
10 (c) Any person convicted of violating this Section shall
11 serve a minimum term of imprisonment of 7 consecutive days or
12 30 days of community service when the person's driving
13 privilege was revoked or suspended as a result of:
14 (1) a violation of Section 11-501 of this Code or a
15 similar provision of a local ordinance relating to the
16 offense of operating or being in physical control of a
17 vehicle while under the influence of alcohol, any other
18 drug or any combination thereof; or
19 (2) a violation of paragraph (b) of Section 11-401
20 of this Code or a similar provision of a local ordinance
21 relating to the offense of leaving the scene of a motor
22 vehicle accident involving personal injury or death; or
23 (3) a violation of Section 9-3 of the Criminal Code
24 of 1961, as amended, relating to the offense of reckless
25 homicide; or
26 (4) a statutory summary suspension under Section
27 11-501.1 of this Code.
28 Such sentence of imprisonment or community service shall
29 not be subject to suspension in order to reduce such
30 sentence.
31 (d) Any person convicted of a second or subsequent
32 violation of this Section shall be guilty of a Class 4 felony
33 if the original revocation or suspension was for a violation
34 of Section 11-401 or 11-501 of this Code, or a similar
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1 out-of-state offense, or a similar provision of a local
2 ordinance, a violation of Section 9-3 of the Criminal Code of
3 1961, relating to the offense of reckless homicide, or a
4 similar out-of-state offense, or a statutory summary
5 suspension under Section 11-501.1 of this Code.
6 (e) Any person in violation of this Section who is also
7 in violation of Section 7-601 of this Code relating to
8 mandatory insurance requirements, in addition to other
9 penalties imposed under this Section, shall have his or her
10 motor vehicle immediately impounded by the arresting law
11 enforcement officer. The motor vehicle may be released to
12 any licensed driver upon a showing of proof of insurance for
13 the vehicle that was impounded and the notarized written
14 consent for the release by the vehicle owner.
15 (f) For any prosecution under this Section, a certified
16 copy of the driving abstract of the defendant shall be
17 admitted as proof of any prior conviction.
18 (Source: P.A. 89-8, eff. 3-21-95; 89-92, eff. 7-1-96; 89-159,
19 eff. 1-1-96; 89-626, eff. 8-9-96; 90-400, eff. 8-15-97;
20 90-738, eff. 1-1-99.)
21 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
22 Sec. 11-501. Driving while under the influence of
23 alcohol, other drug or drugs, intoxicating compound or
24 compounds or any combination thereof.
25 (a) A person shall not drive or be in actual physical
26 control of any vehicle within this State while:
27 (1) the alcohol concentration in the person's blood
28 or breath is 0.08 or more based on the definition of
29 blood and breath units in Section 11-501.2;
30 (2) under the influence of alcohol;
31 (3) under the influence of any intoxicating
32 compound or combination of intoxicating compounds to a
33 degree that renders the person incapable of driving
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1 safely;
2 (4) under the influence of any other drug or
3 combination of drugs to a degree that renders the person
4 incapable of safely driving;
5 (5) under the combined influence of alcohol, other
6 drug or drugs, or intoxicating compound or compounds to a
7 degree that renders the person incapable of safely
8 driving; or
9 (6) there is any amount of a drug, substance, or
10 compound in the person's breath, blood, or urine
11 resulting from the unlawful use or consumption of
12 cannabis listed in the Cannabis Control Act, a controlled
13 substance listed in the Illinois Controlled Substances
14 Act, or an intoxicating compound listed in the Use of
15 Intoxicating Compounds Act.
16 (b) The fact that any person charged with violating this
17 Section is or has been legally entitled to use alcohol, other
18 drug or drugs, or intoxicating compound or compounds, or any
19 combination thereof, shall not constitute a defense against
20 any charge of violating this Section.
21 (c) Except as provided under paragraphs (c-3) and (d) of
22 this Section, every person convicted of violating this
23 Section or a similar provision of a local ordinance, shall be
24 guilty of a Class A misdemeanor and, in addition to any other
25 criminal or administrative action, for any second conviction
26 of violating this Section or a similar provision of a law of
27 another state or local ordinance committed within 5 years of
28 a previous violation of this Section or a similar provision
29 of a local ordinance shall be mandatorily sentenced to a
30 minimum of 48 consecutive hours of imprisonment or assigned
31 to a minimum of 100 hours of community service as may be
32 determined by the court. Every person convicted of violating
33 this Section or a similar provision of a local ordinance
34 shall be subject to a mandatory minimum fine of $500 and a
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1 mandatory 5 days of community service in a program benefiting
2 children if the person committed a violation of paragraph (a)
3 or a similar provision of a local ordinance while
4 transporting a person under age 16. Every person convicted a
5 second time for violating this Section or a similar provision
6 of a local ordinance within 5 years of a previous violation
7 of this Section or a similar provision of a law of another
8 state or local ordinance shall be subject to a mandatory
9 minimum fine of $500 and 10 days of mandatory community
10 service in a program benefiting children if the current
11 offense was committed while transporting a person under age
12 16. The imprisonment or assignment under this subsection
13 shall not be subject to suspension nor shall the person be
14 eligible for probation in order to reduce the sentence or
15 assignment.
16 (c-1) (1) A person who violates this Section during a
17 period in which his or her driving privileges are revoked
18 or suspended, where the revocation or suspension was for
19 a violation of this Section, Section 11-501.1, paragraph
20 (b) of Section 11-401, or Section 9-3 of the Criminal
21 Code of 1961 is guilty of a Class 4 felony.
22 (2) A person who violates this Section a third time
23 during a period in which his or her driving privileges
24 are revoked or suspended where the revocation or
25 suspension was for a violation of this Section, Section
26 11-501.1, paragraph (b) of Section 11-401, or Section 9-3
27 of the Criminal Code of 1961 is guilty of a Class 3
28 felony.
29 (3) A person who violates this Section a fourth or
30 subsequent time during a period in which his or her
31 driving privileges are revoked or suspended where the
32 revocation or suspension was for a violation of this
33 Section, Section 11-501.1, paragraph (b) of Section
34 11-401, or Section 9-3 of the Criminal Code of 1961 is
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1 guilty of a Class 2 felony.
2 (c-2) (Blank).
3 (c-3) Every person convicted of violating this Section
4 or a similar provision of a local ordinance who had a child
5 under age 16 in the vehicle at the time of the offense shall
6 have his or her punishment under this Act enhanced by 2 days
7 of imprisonment for a first offense, 10 days of imprisonment
8 for a second offense, 30 days of imprisonment for a third
9 offense, and 90 days of imprisonment for a fourth or
10 subsequent offense, in addition to the fine and community
11 service required under subsection (c) and the possible
12 imprisonment required under subsection (d). The imprisonment
13 or assignment under this subsection shall not be subject to
14 suspension nor shall the person be eligible for probation in
15 order to reduce the sentence or assignment.
16 (d) (1) Every person convicted of committing a violation
17 of this Section shall be guilty of aggravated driving under
18 the influence of alcohol, other drug or drugs, or
19 intoxicating compound or compounds, or any combination
20 thereof if:
21 (A) the person committed a violation of this
22 Section, or a similar provision of a law of another state
23 or a local ordinance when the cause of action is the same
24 as or substantially similar to this Section, for the
25 third or subsequent time;
26 (B) the person committed a violation of paragraph
27 (a) while driving a school bus with children on board;
28 (C) the person in committing a violation of
29 paragraph (a) was involved in a motor vehicle accident
30 that resulted in great bodily harm or permanent
31 disability or disfigurement to another, when the
32 violation was a proximate cause of the injuries; or
33 (D) the person committed a violation of paragraph
34 (a) for a second time and has been previously convicted
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1 of violating Section 9-3 of the Criminal Code of 1961
2 relating to reckless homicide in which the person was
3 determined to have been under the influence of alcohol,
4 other drug or drugs, or intoxicating compound or
5 compounds as an element of the offense or the person has
6 previously been convicted under subparagraph (C) of this
7 paragraph (1).
8 (2) Aggravated driving under the influence of alcohol,
9 other drug or drugs, or intoxicating compound or compounds,
10 or any combination thereof is a Class 4 felony for which a
11 person, if sentenced to a term of imprisonment, shall be
12 sentenced to not less than one year and not more than 3 years
13 for a violation of subparagraph (A), (B) or (D) of paragraph
14 (1) of this subsection (d) and not less than one year and not
15 more than 12 years for a violation of subparagraph (C) of
16 paragraph (1) of this subsection (d). For any prosecution
17 under this subsection (d), a certified copy of the driving
18 abstract of the defendant shall be admitted as proof of any
19 prior conviction.
20 (e) After a finding of guilt and prior to any final
21 sentencing, or an order for supervision, for an offense based
22 upon an arrest for a violation of this Section or a similar
23 provision of a local ordinance, individuals shall be required
24 to undergo a professional evaluation to determine if an
25 alcohol, drug, or intoxicating compound abuse problem exists
26 and the extent of the problem. Programs conducting these
27 evaluations shall be licensed by the Department of Human
28 Services. The cost of any professional evaluation shall be
29 paid for by the individual required to undergo the
30 professional evaluation.
31 (f) Every person found guilty of violating this Section,
32 whose operation of a motor vehicle while in violation of this
33 Section proximately caused any incident resulting in an
34 appropriate emergency response, shall be liable for the
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1 expense of an emergency response as provided under Section
2 5-5-3 of the Unified Code of Corrections.
3 (g) The Secretary of State shall revoke the driving
4 privileges of any person convicted under this Section or a
5 similar provision of a local ordinance.
6 (h) Every person sentenced under subsection (d) of this
7 Section and who receives a term of probation or conditional
8 discharge shall be required to serve a minimum term of either
9 30 days community service or, beginning July 1, 1993, 48
10 consecutive hours of imprisonment as a condition of the
11 probation or conditional discharge. This mandatory minimum
12 term of imprisonment or assignment of community service shall
13 not be suspended and shall not be subject to reduction by the
14 court.
15 (i) The Secretary of State may use ignition interlock
16 device requirements when granting driving relief to
17 individuals who have been arrested for a second or subsequent
18 offense of this Section or a similar provision of a local
19 ordinance. The Secretary shall establish by rule and
20 regulation the procedures for use of the interlock system.
21 (j) In addition to any other penalties and liabilities,
22 a person who is found guilty of violating this Section shall
23 be fined $100, payable to the circuit clerk, who shall
24 distribute the money to the law enforcement agency that made
25 the arrest. In the event that more than one agency is
26 responsible for the arrest, the $100 shall be shared equally.
27 Any moneys received by a law enforcement agency under this
28 subsection (j) shall be used to purchase law enforcement
29 equipment that will assist in the prevention of alcohol
30 related criminal violence throughout the State. This shall
31 include, but is not limited to, in-car video cameras, radar
32 and laser speed detection devices, and alcohol breath
33 testers.
34 (Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97;
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1 90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff.
2 1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357,
3 eff. 7-29-99.)
4 ARTICLE 25. DRUG ABUSE
5 Section 25-10. The Cannabis Control Act is amended by
6 re-enacting Section 10 as follows:
7 (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
8 Sec. 10. (a) Whenever any person who has not previously
9 been convicted of, or placed on probation or court
10 supervision for, any offense under this Act or any law of the
11 United States or of any State relating to cannabis, or
12 controlled substances as defined in the Illinois Controlled
13 Substances Act, pleads guilty to or is found guilty of
14 violating Sections 4 (a), 4 (b), 4 (c), 5 (a), 5 (b), 5 (c)
15 or 8 of this Act, the court may, without entering a judgment
16 and with the consent of such person, sentence him to
17 probation.
18 (b) When a person is placed on probation, the court
19 shall enter an order specifying a period of probation of 24
20 months, and shall defer further proceedings in the case until
21 the conclusion of the period or until the filing of a
22 petition alleging violation of a term or condition of
23 probation.
24 (c) The conditions of probation shall be that the
25 person: (1) not violate any criminal statute of any
26 jurisdiction; (2) refrain from possession of a firearm or
27 other dangerous weapon; (3) submit to periodic drug testing
28 at a time and in a manner as ordered by the court, but no
29 less than 3 times during the period of the probation, with
30 the cost of the testing to be paid by the probationer; and
31 (4) perform no less than 30 hours of community service,
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1 provided community service is available in the jurisdiction
2 and is funded and approved by the county board.
3 (d) The court may, in addition to other conditions,
4 require that the person:
5 (1) make a report to and appear in person before or
6 participate with the court or such courts, person, or
7 social service agency as directed by the court in the
8 order of probation;
9 (2) pay a fine and costs;
10 (3) work or pursue a course of study or vocational
11 training;
12 (4) undergo medical or psychiatric treatment; or
13 treatment for drug addiction or alcoholism;
14 (5) attend or reside in a facility established for
15 the instruction or residence of defendants on probation;
16 (6) support his dependents;
17 (7) refrain from possessing a firearm or other
18 dangerous weapon;
19 (7-5) refrain from having in his or her body the
20 presence of any illicit drug prohibited by the Cannabis
21 Control Act or the Illinois Controlled Substances Act,
22 unless prescribed by a physician, and submit samples of
23 his or her blood or urine or both for tests to determine
24 the presence of any illicit drug;
25 (8) and in addition, if a minor:
26 (i) reside with his parents or in a foster
27 home;
28 (ii) attend school;
29 (iii) attend a non-residential program for
30 youth;
31 (iv) contribute to his own support at home or
32 in a foster home.
33 (e) Upon violation of a term or condition of probation,
34 the court may enter a judgment on its original finding of
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1 guilt and proceed as otherwise provided.
2 (f) Upon fulfillment of the terms and conditions of
3 probation, the court shall discharge such person and dismiss
4 the proceedings against him.
5 (g) A disposition of probation is considered to be a
6 conviction for the purposes of imposing the conditions of
7 probation and for appeal, however, discharge and dismissal
8 under this Section is not a conviction for purposes of
9 disqualification or disabilities imposed by law upon
10 conviction of a crime (including the additional penalty
11 imposed for subsequent offenses under Section 4 (c), 4 (d), 5
12 (c) or 5 (d) of this Act).
13 (h) Discharge and dismissal under this Section or under
14 Section 410 of the Illinois Controlled Substances Act may
15 occur only once with respect to any person.
16 (i) If a person is convicted of an offense under this
17 Act or the Illinois Controlled Substances Act within 5 years
18 subsequent to a discharge and dismissal under this Section,
19 the discharge and dismissal under this Section shall be
20 admissible in the sentencing proceeding for that conviction
21 as a factor in aggravation.
22 (Source: P.A. 88-510; 88-680, eff. 1-1-95.)
23 Section 25-15. The Illinois Controlled Substances Act is
24 amended by re-enacting Section 410 as follows:
25 (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
26 Sec. 410. (a) Whenever any person who has not previously
27 been convicted of, or placed on probation or court
28 supervision for any offense under this Act or any law of the
29 United States or of any State relating to cannabis or
30 controlled substances, pleads guilty to or is found guilty of
31 possession of a controlled or counterfeit substance under
32 subsection (c) of Section 402, the court, without entering a
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1 judgment and with the consent of such person, may sentence
2 him to probation.
3 (b) When a person is placed on probation, the court
4 shall enter an order specifying a period of probation of 24
5 months and shall defer further proceedings in the case until
6 the conclusion of the period or until the filing of a
7 petition alleging violation of a term or condition of
8 probation.
9 (c) The conditions of probation shall be that the
10 person: (1) not violate any criminal statute of any
11 jurisdiction; (2) refrain from possessing a firearm or other
12 dangerous weapon; (3) submit to periodic drug testing at a
13 time and in a manner as ordered by the court, but no less
14 than 3 times during the period of the probation, with the
15 cost of the testing to be paid by the probationer; and (4)
16 perform no less than 30 hours of community service, provided
17 community service is available in the jurisdiction and is
18 funded and approved by the county board.
19 (d) The court may, in addition to other conditions,
20 require that the person:
21 (1) make a report to and appear in person before or
22 participate with the court or such courts, person, or
23 social service agency as directed by the court in the
24 order of probation;
25 (2) pay a fine and costs;
26 (3) work or pursue a course of study or vocational
27 training;
28 (4) undergo medical or psychiatric treatment; or
29 treatment or rehabilitation approved by the Illinois
30 Department of Human Services;
31 (5) attend or reside in a facility established for
32 the instruction or residence of defendants on probation;
33 (6) support his dependents;
34 (6-5) refrain from having in his or her body the
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1 presence of any illicit drug prohibited by the Cannabis
2 Control Act or the Illinois Controlled Substances Act,
3 unless prescribed by a physician, and submit samples of
4 his or her blood or urine or both for tests to determine
5 the presence of any illicit drug;
6 (7) and in addition, if a minor:
7 (i) reside with his parents or in a foster
8 home;
9 (ii) attend school;
10 (iii) attend a non-residential program for
11 youth;
12 (iv) contribute to his own support at home or
13 in a foster home.
14 (e) Upon violation of a term or condition of probation,
15 the court may enter a judgment on its original finding of
16 guilt and proceed as otherwise provided.
17 (f) Upon fulfillment of the terms and conditions of
18 probation, the court shall discharge the person and dismiss
19 the proceedings against him.
20 (g) A disposition of probation is considered to be a
21 conviction for the purposes of imposing the conditions of
22 probation and for appeal, however, discharge and dismissal
23 under this Section is not a conviction for purposes of this
24 Act or for purposes of disqualifications or disabilities
25 imposed by law upon conviction of a crime.
26 (h) There may be only one discharge and dismissal under
27 this Section or Section 10 of the Cannabis Control Act with
28 respect to any person.
29 (i) If a person is convicted of an offense under this
30 Act or the Cannabis Control Act within 5 years subsequent to
31 a discharge and dismissal under this Section, the discharge
32 and dismissal under this Section shall be admissible in the
33 sentencing proceeding for that conviction as evidence in
34 aggravation.
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1 (Source: P.A. 88-510; 88-680, eff. 1-1-95; 89-507, eff.
2 7-1-97.)
3 ARTICLE 30. FIREARMS
4 Section 30-905. The Criminal Code of 1961 is amended by
5 re-enacting Sections 24-3A, 24-5, 24-6, and 32-10 as follows:
6 (720 ILCS 5/24-3A)
7 Sec. 24-3A. Gunrunning.
8 (a) A person commits gunrunning when he or she transfers
9 3 or more firearms in violation of any of the paragraphs of
10 Section 24-3 of this Code.
11 (b) Sentence. A person who commits gunrunning is guilty
12 of a Class 1 felony. A person who commits gunrunning by
13 transferring firearms to a person who, at the time of the
14 commission of the offense, is under 18 years of age is guilty
15 of a Class X felony.
16 (Source: P.A. 91-13, eff. 1-1-00.)
17 (720 ILCS 5/24-5) (from Ch. 38, par. 24-5)
18 Sec. 24-5. Defacing identification marks of firearms.
19 (a) Any person who shall knowingly or intentionally
20 change, alter, remove or obliterate the name of the maker,
21 model, manufacturer's number or other mark of identification
22 of any firearm commits a Class 2 felony.
23 (b) Possession of any firearm upon which any such mark
24 shall have been changed, altered, removed or obliterated
25 shall be prima facie evidence that the possessor has changed,
26 altered, removed or obliterated the same.
27 (Source: P.A. 88-680, eff. 1-1-95.)
28 (720 ILCS 5/24-6) (from Ch. 38, par. 24-6)
29 Sec. 24-6. Confiscation and disposition of weapons.
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1 (a) Upon conviction of an offense in which a weapon was
2 used or possessed by the offender, any weapon seized shall be
3 confiscated by the trial court.
4 (b) Any stolen weapon so confiscated, when no longer
5 needed for evidentiary purposes, shall be returned to the
6 person entitled to possession, if known. After the
7 disposition of a criminal case or in any criminal case where
8 a final judgment in the case was not entered due to the death
9 of the defendant, and when a confiscated weapon is no longer
10 needed for evidentiary purposes, and when in due course no
11 legitimate claim has been made for the weapon, the court may
12 transfer the weapon to the sheriff of the county who may
13 proceed to destroy it, or may in its discretion order the
14 weapon preserved as property of the governmental body whose
15 police agency seized the weapon, or may in its discretion
16 order the weapon to be transferred to the Department of State
17 Police for use by the crime laboratory system, for training
18 purposes, or for any other application as deemed appropriate
19 by the Department. If, after the disposition of a criminal
20 case, a need still exists for the use of the confiscated
21 weapon for evidentiary purposes, the court may transfer the
22 weapon to the custody of the State Department of Corrections
23 for preservation. The court may not order the transfer of
24 the weapon to any private individual or private organization
25 other than to return a stolen weapon to its rightful owner.
26 The provisions of this Section shall not apply to
27 violations of the Fish and Aquatic Life Code or the Wildlife
28 Code. Confiscation of weapons for Fish and Aquatic Life Code
29 and Wildlife Code violations shall be only as provided in
30 those Codes.
31 (c) Any mental hospital that admits a person as an
32 inpatient pursuant to any of the provisions of the Mental
33 Health and Developmental Disabilities Code shall confiscate
34 any firearms in the possession of that person at the time of
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1 admission, or at any time the firearms are discovered in the
2 person's possession during the course of hospitalization. The
3 hospital shall, as soon as possible following confiscation,
4 transfer custody of the firearms to the appropriate law
5 enforcement agency. The hospital shall give written notice to
6 the person from whom the firearm was confiscated of the
7 identity and address of the law enforcement agency to which
8 it has given the firearm.
9 The law enforcement agency shall maintain possession of
10 any firearm it obtains pursuant to this subsection for a
11 minimum of 90 days. Thereafter, the firearm may be disposed
12 of pursuant to the provisions of subsection (b) of this
13 Section.
14 (Source: P.A. 87-464; 87-895; 88-352; 88-680, eff. 1-1-95.)
15 (720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
16 Sec. 32-10. Violation of bail bond.
17 (a) Whoever, having been admitted to bail for appearance
18 before any court of this State, incurs a forfeiture of the
19 bail and willfully fails to surrender himself within 30 days
20 following the date of such forfeiture, commits, if the bail
21 was given in connection with a charge of felony or pending
22 appeal or certiorari after conviction of any offense, a
23 felony of the next lower Class or a Class A misdemeanor if
24 the underlying offense was a Class 4 felony; or, if the bail
25 was given in connection with a charge of committing a
26 misdemeanor, or for appearance as a witness, commits a
27 misdemeanor of the next lower Class, but not less than a
28 Class C misdemeanor.
29 (a-5) Any person who violates a condition of bail bond
30 by possessing a firearm in violation of his or her conditions
31 of bail commits a Class 4 felony for a first violation and a
32 Class 3 felony for a second violation.
33 (b) Whoever, having been admitted to bail for appearance
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1 before any court of this State, while charged with a criminal
2 offense in which the victim is a family or household member
3 as defined in Article 112A of the Code of Criminal Procedure
4 of 1963, knowingly violates a condition of that release as
5 set forth in Section 110-10, subsection (d) of the Code of
6 Criminal Procedure of 1963, commits a Class A misdemeanor.
7 (c) Whoever, having been admitted to bail for appearance
8 before any court of this State for a felony, Class A
9 misdemeanor or a criminal offense in which the victim is a
10 family or household member as defined in Article 112A of the
11 Code of Criminal Procedure of 1963, is charged with any other
12 felony, Class A misdemeanor, or a criminal offense in which
13 the victim is a family or household member as defined in
14 Article 112A of the Code of Criminal Procedure of 1963 while
15 on such release, must appear before the court before bail is
16 statutorily set.
17 (d) Nothing in this Section shall interfere with or
18 prevent the exercise by any court of its power to punishment
19 for contempt. Any sentence imposed for violation of this
20 Section shall be served consecutive to the sentence imposed
21 for the charge for which bail had been granted and with
22 respect to which the defendant has been convicted.
23 (Source: P.A. 88-430; 88-680, eff. 1-1-95; 89-203, eff.
24 7-21-95.)
25 Section 15-910. The Code of Criminal Procedure of 1963
26 is amended by re-enacting Section 110-10 as follows:
27 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
28 Sec. 110-10. Conditions of bail bond.
29 (a) If a person is released prior to conviction, either
30 upon payment of bail security or on his or her own
31 recognizance, the conditions of the bail bond shall be that
32 he or she will:
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1 (1) Appear to answer the charge in the court having
2 jurisdiction on a day certain and thereafter as ordered
3 by the court until discharged or final order of the
4 court;
5 (2) Submit himself or herself to the orders and
6 process of the court;
7 (3) Not depart this State without leave of the
8 court;
9 (4) Not violate any criminal statute of any
10 jurisdiction;
11 (5) At a time and place designated by the court,
12 surrender all firearms in his or her possession to a law
13 enforcement officer designated by the court to take
14 custody of and impound the firearms when the offense the
15 person has been charged with is a forcible felony,
16 stalking, aggravated stalking, domestic battery, any
17 violation of either the Illinois Controlled Substances
18 Act or the Cannabis Control Act that is classified as a
19 Class 2 or greater felony, or any felony violation of
20 Article 24 of the Criminal Code of 1961; the court may,
21 however, forgo forego the imposition of this condition
22 when the circumstances of the case clearly do not warrant
23 it or when its imposition would be impractical; all
24 legally possessed firearms shall be returned to the
25 person upon that person completing a sentence for a
26 conviction on a misdemeanor domestic battery, upon the
27 charges being dismissed, or if the person is found not
28 guilty, unless the finding of not guilty is by reason of
29 insanity; and
30 (6) At a time and place designated by the court,
31 submit to a psychological evaluation when the person has
32 been charged with a violation of item (4) of subsection
33 (a) of Section 24-1 of the Criminal Code of 1961 and that
34 violation occurred in a school or in any conveyance
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1 owned, leased, or contracted by a school to transport
2 students to or from school or a school-related activity,
3 or on any public way within 1,000 feet of real property
4 comprising any school.
5 Psychological evaluations ordered pursuant to this
6 Section shall be completed promptly and made available to the
7 State, the defendant, and the court. As a further condition
8 of bail under these circumstances, the court shall order the
9 defendant to refrain from entering upon the property of the
10 school, including any conveyance owned, leased, or contracted
11 by a school to transport students to or from school or a
12 school-related activity, or on any public way within 1,000
13 feet of real property comprising any school. Upon receipt of
14 the psychological evaluation, either the State or the
15 defendant may request a change in the conditions of bail,
16 pursuant to Section 110-6 of this Code. The court may change
17 the conditions of bail to include a requirement that the
18 defendant follow the recommendations of the psychological
19 evaluation, including undergoing psychiatric treatment. The
20 conclusions of the psychological evaluation and any
21 statements elicited from the defendant during its
22 administration are not admissible as evidence of guilt during
23 the course of any trial on the charged offense, unless the
24 defendant places his or her mental competency in issue.
25 (b) The court may impose other conditions, such as the
26 following, if the court finds that such conditions are
27 reasonably necessary to assure the defendant's appearance in
28 court, protect the public from the defendant, or prevent the
29 defendant's unlawful interference with the orderly
30 administration of justice:
31 (1) Report to or appear in person before such
32 person or agency as the court may direct;
33 (2) Refrain from possessing a firearm or other
34 dangerous weapon;
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1 (3) Refrain from approaching or communicating with
2 particular persons or classes of persons;
3 (4) Refrain from going to certain described
4 geographical areas or premises;
5 (5) Refrain from engaging in certain activities or
6 indulging in intoxicating liquors or in certain drugs;
7 (6) Undergo treatment for drug addiction or
8 alcoholism;
9 (7) Undergo medical or psychiatric treatment;
10 (8) Work or pursue a course of study or vocational
11 training;
12 (9) Attend or reside in a facility designated by
13 the court;
14 (10) Support his or her dependents;
15 (11) If a minor resides with his or her parents or
16 in a foster home, attend school, attend a non-residential
17 program for youths, and contribute to his or her own
18 support at home or in a foster home;
19 (12) Observe any curfew ordered by the court;
20 (13) Remain in the custody of such designated
21 person or organization agreeing to supervise his release.
22 Such third party custodian shall be responsible for
23 notifying the court if the defendant fails to observe the
24 conditions of release which the custodian has agreed to
25 monitor, and shall be subject to contempt of court for
26 failure so to notify the court;
27 (14) Be placed under direct supervision of the
28 Pretrial Services Agency, Probation Department or Court
29 Services Department in a pretrial bond home supervision
30 capacity with or without the use of an approved
31 electronic monitoring device subject to Article 8A of
32 Chapter V of the Unified Code of Corrections; or
33 (14.1) The court shall impose upon a defendant who
34 is charged with any alcohol, cannabis or controlled
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1 substance violation and is placed under direct
2 supervision of the Pretrial Services Agency, Probation
3 Department or Court Services Department in a pretrial
4 bond home supervision capacity with the use of an
5 approved monitoring device, as a condition of such bail
6 bond, a fee that represents costs incidental to the
7 electronic monitoring for each day of such bail
8 supervision ordered by the court, unless after
9 determining the inability of the defendant to pay the
10 fee, the court assesses a lesser fee or no fee as the
11 case may be. The fee shall be collected by the clerk of
12 the circuit court. The clerk of the circuit court shall
13 pay all monies collected from this fee to the county
14 treasurer for deposit in the substance abuse services
15 fund under Section 5-1086.1 of the Counties Code;
16 (14.2) The court shall impose upon all defendants,
17 including those defendants subject to paragraph (14.1)
18 above, placed under direct supervision of the Pretrial
19 Services Agency, Probation Department or Court Services
20 Department in a pretrial bond home supervision capacity
21 with the use of an approved monitoring device, as a
22 condition of such bail bond, a fee which shall represent
23 costs incidental to such electronic monitoring for each
24 day of such bail supervision ordered by the court, unless
25 after determining the inability of the defendant to pay
26 the fee, the court assesses a lesser fee or no fee as the
27 case may be. The fee shall be collected by the clerk of
28 the circuit court. The clerk of the circuit court shall
29 pay all monies collected from this fee to the county
30 treasurer who shall use the monies collected to defray
31 the costs of corrections. The county treasurer shall
32 deposit the fee collected in the county working cash fund
33 under Section 6-27001 or Section 6-29002 of the Counties
34 Code, as the case may be;
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1 (15) Comply with the terms and conditions of an
2 order of protection issued by the court under the
3 Illinois Domestic Violence Act of 1986;
4 (16) Under Section 110-6.5 comply with the
5 conditions of the drug testing program; and
6 (17) Such other reasonable conditions as the court
7 may impose.
8 (c) When a person is charged with an offense under
9 Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
10 "Criminal Code of 1961", involving a victim who is a minor
11 under 18 years of age living in the same household with the
12 defendant at the time of the offense, in granting bail or
13 releasing the defendant on his own recognizance, the judge
14 shall impose conditions to restrict the defendant's access to
15 the victim which may include, but are not limited to
16 conditions that he will:
17 1. Vacate the Household.
18 2. Make payment of temporary support to his
19 dependents.
20 3. Refrain from contact or communication with the
21 child victim, except as ordered by the court.
22 (d) When a person is charged with a criminal offense and
23 the victim is a family or household member as defined in
24 Article 112A, conditions shall be imposed at the time of the
25 defendant's release on bond that restrict the defendant's
26 access to the victim. Unless provided otherwise by the court,
27 the restrictions shall include requirements that the
28 defendant do the following:
29 (1) refrain from contact or communication with the
30 victim for a minimum period of 72 hours following the
31 defendant's release; and
32 (2) refrain from entering or remaining at the
33 victim's residence for a minimum period of 72 hours
34 following the defendant's release.
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1 (e) Local law enforcement agencies shall develop
2 standardized bond forms for use in cases involving family or
3 household members as defined in Article 112A, including
4 specific conditions of bond as provided in subsection (d).
5 Failure of any law enforcement department to develop or use
6 those forms shall in no way limit the applicability and
7 enforcement of subsections (d) and (f).
8 (f) If the defendant is admitted to bail after
9 conviction the conditions of the bail bond shall be that he
10 will, in addition to the conditions set forth in subsections
11 (a) and (b) hereof:
12 (1) Duly prosecute his appeal;
13 (2) Appear at such time and place as the court may
14 direct;
15 (3) Not depart this State without leave of the
16 court;
17 (4) Comply with such other reasonable conditions as
18 the court may impose; and,
19 (5) If the judgment is affirmed or the cause
20 reversed and remanded for a new trial, forthwith
21 surrender to the officer from whose custody he was
22 bailed.
23 (Source: P.A. 90-399, eff. 1-1-98; 91-11, eff. 6-4-99;
24 91-312, eff. 1-1-00; revised 10-15-99.)
25 ARTICLE 35
26 Section 35-5. The Criminal Code of 1961 is amended by
27 re-enacting Sections 8-4, 12-4.2, and 24-1.2 as follows:
28 (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
29 Sec. 8-4. Attempt.
30 (a) Elements of the Offense.
31 A person commits an attempt when, with intent to commit a
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1 specific offense, he does any act which constitutes a
2 substantial step toward the commission of that offense.
3 (b) Impossibility.
4 It shall not be a defense to a charge of attempt that
5 because of a misapprehension of the circumstances it would
6 have been impossible for the accused to commit the offense
7 attempted.
8 (c) Sentence.
9 A person convicted of an attempt may be fined or
10 imprisoned or both not to exceed the maximum provided for the
11 offense attempted but, except for an attempt to commit the
12 offense defined in Section 33A-2 of this Act,
13 (1) the sentence for attempt to commit first degree
14 murder is the sentence for a Class X felony, except that
15 (A) an attempt to commit first degree murder
16 when at least one of the aggravating factors
17 specified in paragraphs (1), (2) and (12) of
18 subsection (b) of Section 9-1 is present is a Class
19 X felony for which the sentence shall be a term of
20 imprisonment of not less than 20 years and not more
21 than 80 years;
22 (B) an attempt to commit first degree murder
23 while armed with a firearm is a Class X felony for
24 which 15 years shall be added to the term of
25 imprisonment imposed by the court;
26 (C) an attempt to commit first degree murder
27 during which the person personally discharged a
28 firearm is a Class X felony for which 20 years shall
29 be added to the term of imprisonment imposed by the
30 court;
31 (D) an attempt to commit first degree murder
32 during which the person personally discharged a
33 firearm that proximately caused great bodily harm,
34 permanent disability, permanent disfigurement, or
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1 death to another person, is a Class X felony for
2 which 25 years or up to a term of natural life shall
3 be added to the term of imprisonment imposed by the
4 court.
5 (2) the sentence for attempt to commit a Class X
6 felony is the sentence for a Class 1 felony;
7 (3) the sentence for attempt to commit a Class 1
8 felony is the sentence for a Class 2 felony;
9 (4) the sentence for attempt to commit a Class 2
10 felony is the sentence for a Class 3 felony; and
11 (5) the sentence for attempt to commit any felony
12 other than those specified in Subsections (1), (2), (3)
13 and (4) hereof is the sentence for a Class A misdemeanor.
14 (Source: P.A. 91-404, eff. 1-1-00.)
15 (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2)
16 Sec. 12-4.2. Aggravated Battery with a firearm.
17 (a) A person commits aggravated battery with a firearm
18 when he, in committing a battery, knowingly or intentionally
19 by means of the discharging of a firearm (1) causes any
20 injury to another person, or (2) causes any injury to a
21 person he knows to be a peace officer, a community policing
22 volunteer, a correctional institution employee or a fireman
23 while the officer, volunteer, employee or fireman is engaged
24 in the execution of any of his official duties, or to prevent
25 the officer, volunteer, employee or fireman from performing
26 his official duties, or in retaliation for the officer,
27 volunteer, employee or fireman performing his official
28 duties, or (3) causes any injury to a person he knows to be
29 an emergency medical technician - ambulance, emergency
30 medical technician - intermediate, emergency medical
31 technician - paramedic, ambulance driver, or other medical
32 assistance or first aid personnel, employed by a municipality
33 or other governmental unit, while the emergency medical
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1 technician - ambulance, emergency medical technician -
2 intermediate, emergency medical technician - paramedic,
3 ambulance driver, or other medical assistance or first aid
4 personnel is engaged in the execution of any of his official
5 duties, or to prevent the emergency medical technician -
6 ambulance, emergency medical technician - intermediate,
7 emergency medical technician - paramedic, ambulance driver,
8 or other medical assistance or first aid personnel from
9 performing his official duties, or in retaliation for the
10 emergency medical technician - ambulance, emergency medical
11 technician - intermediate, emergency medical technician -
12 paramedic, ambulance driver, or other medical assistance or
13 first aid personnel performing his official duties, or (4)
14 causes any injury to a person he or she knows to be a teacher
15 or other person employed in a school and the teacher or other
16 employee is upon grounds of a school or grounds adjacent to a
17 school, or is in any part of a building used for school
18 purposes.
19 (b) A violation of subsection (a) (1) of this Section is
20 a Class X felony. A violation of subsection (a) (2),
21 subsection (a) (3), or subsection (a)(4) of this Section is
22 a Class X felony for which the sentence shall be a term of
23 imprisonment of no less than 15 years and no more than 60
24 years.
25 (c) For purposes of this Section, "firearm" is defined
26 as in "An Act relating to the acquisition, possession and
27 transfer of firearms and firearm ammunition, to provide a
28 penalty for the violation thereof and to make an
29 appropriation in connection therewith", approved August 1,
30 1967, as amended.
31 (Source: P.A. 90-651, eff. 1-1-99; 91-434, eff. 1-1-00.)
32 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
33 Sec. 24-1.2. Aggravated discharge of a firearm.
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1 (a) A person commits aggravated discharge of a firearm
2 when he or she knowingly or intentionally:
3 (1) Discharges a firearm at or into a building he
4 or she knows or reasonably should know to be occupied and
5 the firearm is discharged from a place or position
6 outside that building;
7 (2) Discharges a firearm in the direction of
8 another person or in the direction of a vehicle he or she
9 knows or reasonably should know to be occupied by a
10 person;
11 (3) Discharges a firearm in the direction of a
12 person he or she knows to be a peace officer, a community
13 policing volunteer, a correctional institution employee,
14 or a fireman while the officer, volunteer, employee or
15 fireman is engaged in the execution of any of his or her
16 official duties, or to prevent the officer, volunteer,
17 employee or fireman from performing his or her official
18 duties, or in retaliation for the officer, volunteer,
19 employee or fireman performing his or her official
20 duties;
21 (4) Discharges a firearm in the direction of a
22 vehicle he or she knows to be occupied by a peace
23 officer, a person summoned or directed by a peace
24 officer, a correctional institution employee or a fireman
25 while the officer, employee or fireman is engaged in the
26 execution of any of his or her official duties, or to
27 prevent the officer, employee or fireman from performing
28 his or her official duties, or in retaliation for the
29 officer, employee or fireman performing his or her
30 official duties;
31 (5) Discharges a firearm in the direction of a
32 person he or she knows to be an emergency medical
33 technician - ambulance, emergency medical technician -
34 intermediate, emergency medical technician - paramedic,
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1 ambulance driver, or other medical assistance or first
2 aid personnel, employed by a municipality or other
3 governmental unit, while the emergency medical technician
4 - ambulance, emergency medical technician - intermediate,
5 emergency medical technician - paramedic, ambulance
6 driver, or other medical assistance or first aid
7 personnel is engaged in the execution of any of his or
8 her official duties, or to prevent the emergency medical
9 technician - ambulance, emergency medical technician -
10 intermediate, emergency medical technician - paramedic,
11 ambulance driver, or other medical assistance or first
12 aid personnel from performing his or her official duties,
13 or in retaliation for the emergency medical technician -
14 ambulance, emergency medical technician - intermediate,
15 emergency medical technician - paramedic, ambulance
16 driver, or other medical assistance or first aid
17 personnel performing his or her official duties; or
18 (6) Discharges a firearm in the direction of a
19 vehicle he or she knows to be occupied by an emergency
20 medical technician - ambulance, emergency medical
21 technician - intermediate, emergency medical technician -
22 paramedic, ambulance driver, or other medical assistance
23 or first aid personnel, employed by a municipality or
24 other governmental unit, while the emergency medical
25 technician - ambulance, emergency medical technician -
26 intermediate, emergency medical technician - paramedic,
27 ambulance driver, or other medical assistance or first
28 aid personnel is engaged in the execution of any of his
29 or her official duties, or to prevent the emergency
30 medical technician - ambulance, emergency medical
31 technician - intermediate, emergency medical technician -
32 paramedic, ambulance driver, or other medical assistance
33 or first aid personnel from performing his or her
34 official duties, or in retaliation for the emergency
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1 medical technician - ambulance, emergency medical
2 technician - intermediate, emergency medical technician -
3 paramedic, ambulance driver, or other medical assistance
4 or first aid personnel performing his or her official
5 duties; or
6 (7) Discharges a firearm in the direction of a
7 person he or she knows to be a teacher or other person
8 employed in any school and the teacher or other employee
9 is upon the grounds of a school or grounds adjacent to a
10 school, or is in any part of a building used for school
11 purposes.
12 (b) A violation of subsection (a)(1) or subsection
13 (a)(2) of this Section is a Class 1 felony. A violation of
14 subsection (a)(1) or (a)(2) of this Section committed in a
15 school, on the real property comprising a school, within
16 1,000 feet of the real property comprising a school, at a
17 school related activity or on or within 1,000 feet of any
18 conveyance owned, leased, or contracted by a school to
19 transport students to or from school or a school related
20 activity, regardless of the time of day or time of year that
21 the offense was committed is a Class X felony. A violation of
22 subsection (a)(3), (a)(4), (a)(5), (a)(6), or (a)(7) of this
23 Section is a Class X felony for which the sentence shall be a
24 term of imprisonment of no less than 10 years and not more
25 than 45 years.
26 (c) For purposes of this Section:
27 "School" means a public or private elementary or
28 secondary school, community college, college, or university.
29 "School related activity" means any sporting, social,
30 academic, or other activity for which students' attendance or
31 participation is sponsored, organized, or funded in whole or
32 in part by a school or school district.
33 (Source: P.A. 90-651, eff. 1-1-99; 91-12, eff. 1-1-00;
34 91-357, eff. 7-29-99; 91-434, eff. 1-1-00; revised 8-30-99.)
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1 Section 35-15. The Rights of Crime Victims and Witnesses
2 Act is amended by re-enacting Sections 4.5 and 6 as follows:
3 (725 ILCS 120/4.5)
4 Sec. 4.5. Procedures to implement the rights of crime
5 victims. To afford crime victims their rights, law
6 enforcement, prosecutors, judges and corrections will provide
7 information, as appropriate of the following procedures:
8 (a) At the request of the crime victim, law enforcement
9 authorities investigating the case shall provide notice of
10 the status of the investigation, except where the State's
11 Attorney determines that disclosure of such information would
12 unreasonably interfere with the investigation, until such
13 time as the alleged assailant is apprehended or the
14 investigation is closed.
15 (b) The office of the State's Attorney:
16 (1) shall provide notice of the filing of
17 information, the return of an indictment by which a
18 prosecution for any violent crime is commenced, or the
19 filing of a petition to adjudicate a minor as a
20 delinquent for a violent crime;
21 (2) shall provide notice of the date, time, and
22 place of trial;
23 (3) or victim advocate personnel shall provide
24 information of social services and financial assistance
25 available for victims of crime, including information of
26 how to apply for these services and assistance;
27 (4) shall assist in having any stolen or other
28 personal property held by law enforcement authorities for
29 evidentiary or other purposes returned as expeditiously
30 as possible, pursuant to the procedures set out in
31 Section 115-9 of the Code of Criminal Procedure of 1963;
32 (5) or victim advocate personnel shall provide
33 appropriate employer intercession services to ensure that
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1 employers of victims will cooperate with the criminal
2 justice system in order to minimize an employee's loss of
3 pay and other benefits resulting from court appearances;
4 (6) shall provide information whenever possible, of
5 a secure waiting area during court proceedings that does
6 not require victims to be in close proximity to defendant
7 or juveniles accused of a violent crime, and their
8 families and friends;
9 (7) shall provide notice to the crime victim of the
10 right to have a translator present at all court
11 proceedings;
12 (8) in the case of the death of a person, which
13 death occurred in the same transaction or occurrence in
14 which acts occurred for which a defendant is charged with
15 an offense, shall notify the spouse, parent, child or
16 sibling of the decedent of the date of the trial of the
17 person or persons allegedly responsible for the death;
18 (9) shall inform the victim of the right to have
19 present at all court proceedings, subject to the rules of
20 evidence, an advocate or other support person of the
21 victim's choice, and the right to retain an attorney, at
22 the victim's own expense, who, upon written notice filed
23 with the clerk of the court and State's Attorney, is to
24 receive copies of all notices, motions and court orders
25 filed thereafter in the case, in the same manner as if
26 the victim were a named party in the case; and
27 (10) at the sentencing hearing shall make a good
28 faith attempt to explain the minimum amount of time
29 during which the defendant may actually be physically
30 imprisoned. The Office of the State's Attorney shall
31 further notify the crime victim of the right to request
32 from the Prisoner Review Board information concerning the
33 release of the defendant under subparagraph (d)(1) of
34 this Section; and
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1 (11) shall request restitution at sentencing and
2 shall consider restitution in any plea negotiation, as
3 provided by law.
4 (c) At the written request of the crime victim, the
5 office of the State's Attorney shall:
6 (1) provide notice a reasonable time in advance of
7 the following court proceedings: preliminary hearing, any
8 hearing the effect of which may be the release of
9 defendant from custody, or to alter the conditions of
10 bond and the sentencing hearing. The crime victim shall
11 also be notified of the cancellation of the court
12 proceeding in sufficient time, wherever possible, to
13 prevent an unnecessary appearance in court;
14 (2) provide notice within a reasonable time after
15 receipt of notice from the custodian, of the release of
16 the defendant on bail or personal recognizance or the
17 release from detention of a minor who has been detained
18 for a violent crime;
19 (3) explain in nontechnical language the details of
20 any plea or verdict of a defendant, or any adjudication
21 of a juvenile as a delinquent for a violent crime;
22 (4) where practical, consult with the crime victim
23 before the Office of the State's Attorney makes an offer
24 of a plea bargain to the defendant or enters into
25 negotiations with the defendant concerning a possible
26 plea agreement, and shall consider the written victim
27 impact statement, if prepared prior to entering into a
28 plea agreement;
29 (5) provide notice of the ultimate disposition of
30 the cases arising from an indictment or an information,
31 or a petition to have a juvenile adjudicated as a
32 delinquent for a violent crime;
33 (6) provide notice of any appeal taken by the
34 defendant and information on how to contact the
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1 appropriate agency handling the appeal;
2 (7) provide notice of any request for
3 post-conviction review filed by the defendant under
4 Article 122 of the Code of Criminal Procedure of 1963,
5 and of the date, time and place of any hearing concerning
6 the petition. Whenever possible, notice of the hearing
7 shall be given in advance;
8 (8) forward a copy of any statement presented under
9 Section 6 to the Prisoner Review Board to be considered
10 by the Board in making its determination under subsection
11 (b) of Section 3-3-8 of the Unified Code of Corrections.
12 (d) (1) The Prisoner Review Board shall inform a victim
13 or any other concerned citizen, upon written request, of
14 the prisoner's release on parole, mandatory supervised
15 release, electronic detention, work release or by the
16 custodian of the discharge of any individual who was
17 adjudicated a delinquent for a violent crime from State
18 custody and by the sheriff of the appropriate county of
19 any such person's final discharge from county custody.
20 The Prisoner Review Board, upon written request, shall
21 provide to a victim or any other concerned citizen a
22 recent photograph of any person convicted of a felony,
23 upon his or her release from custody. The Prisoner Review
24 Board, upon written request, shall inform a victim or any
25 other concerned citizen when feasible at least 7 days
26 prior to the prisoner's release on furlough of the times
27 and dates of such furlough. Upon written request by the
28 victim or any other concerned citizen, the State's
29 Attorney shall notify the person once of the times and
30 dates of release of a prisoner sentenced to periodic
31 imprisonment. Notification shall be based on the most
32 recent information as to victim's or other concerned
33 citizen's residence or other location available to the
34 notifying authority. For purposes of this paragraph (1)
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1 of subsection (d), "concerned citizen" includes relatives
2 of the victim, friends of the victim, witnesses to the
3 crime, or any other person associated with the victim or
4 prisoner.
5 (2) When the defendant has been committed to the
6 Department of Human Services pursuant to Section 5-2-4 or
7 any other provision of the Unified Code of Corrections,
8 the victim may request to be notified by the releasing
9 authority of the defendant's discharge from State
10 custody.
11 (3) In the event of an escape from State custody,
12 the Department of Corrections immediately shall notify
13 the Prisoner Review Board of the escape and the Prisoner
14 Review Board shall notify the victim. The notification
15 shall be based upon the most recent information as to the
16 victim's residence or other location available to the
17 Board. When no such information is available, the Board
18 shall make all reasonable efforts to obtain the
19 information and make the notification. When the escapee
20 is apprehended, the Department of Corrections immediately
21 shall notify the Prisoner Review Board and the Board
22 shall notify the victim.
23 (4) The victim of the crime for which the prisoner
24 has been sentenced shall receive reasonable written
25 notice not less than 15 days prior to the parole hearing
26 and may submit, in writing, on film, videotape or other
27 electronic means or in the form of a recording or in
28 person at the parole hearing, information for
29 consideration by the Prisoner Review Board. The victim
30 shall be notified within 7 days after the prisoner has
31 been granted parole and shall be informed of the right to
32 inspect the registry of parole decisions, established
33 under subsection (g) of Section 3-3-5 of the Unified Code
34 of Corrections. The provisions of this paragraph (4) are
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1 subject to the Open Parole Hearings Act.
2 (5) If a statement is presented under Section 6,
3 the Prisoner Review Board shall inform the victim of any
4 order of discharge entered by the Board pursuant to
5 Section 3-3-8 of the Unified Code of Corrections.
6 (6) At the written request of the victim of the
7 crime for which the prisoner was sentenced, the Prisoner
8 Review Board shall notify the victim of the death of the
9 prisoner if the prisoner died while on parole or
10 mandatory supervised release.
11 (7) When a defendant who has been committed to the
12 Department of Corrections or the Department of Human
13 Services is released or discharged and subsequently
14 committed to the Department of Human Services as a
15 sexually violent person and the victim had requested to
16 be notified by the releasing authority of the defendant's
17 discharge from State custody, the releasing authority
18 shall provide to the Department of Human Services such
19 information that would allow the Department of Human
20 Services to contact the victim.
21 (e) The officials named in this Section may satisfy some
22 or all of their obligations to provide notices and other
23 information through participation in a statewide victim and
24 witness notification system established by the Attorney
25 General under Section 8.5 of this Act.
26 (Source: P.A. 90-14, eff. 7-1-97; 90-793, eff. 8-14-98;
27 91-237, 1-1-00.)
28 (725 ILCS 120/6) (from Ch. 38, par. 1406)
29 Sec. 6. Rights to present victim impact statement.
30 (a) In any case where a defendant has been convicted of
31 a violent crime or a juvenile has been adjudicated a
32 delinquent for a violent crime except those in which both
33 parties have agreed to the imposition of a specific sentence,
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1 and a victim of the violent crime is present in the courtroom
2 at the time of the sentencing or the disposition hearing, the
3 victim upon his or her request shall have the right to
4 address the court regarding the impact which the defendant's
5 criminal conduct or the juvenile's delinquent conduct has had
6 upon the victim. If the victim chooses to exercise this
7 right, the impact statement must have been prepared in
8 writing in conjunction with the Office of the State's
9 Attorney prior to the initial hearing or sentencing, before
10 it can be presented orally or in writing at the sentencing
11 hearing. In conjunction with the Office of the State's
12 Attorney, a victim impact statement that is presented orally
13 may be done so by the victim or his or her representative.
14 The court shall consider any statements made by the victim,
15 along with all other appropriate factors in determining the
16 sentence of the defendant or disposition of such juvenile.
17 (b) The crime victim has the right to prepare a victim
18 impact statement and present it to the Office of the State's
19 Attorney at any time during the proceedings.
20 (c) This Section shall apply to any victims of a violent
21 crime during any dispositional hearing under Section 5-705 of
22 the Juvenile Court Act of 1987 which takes place pursuant to
23 an adjudication of delinquency for any such offense.
24 (Source: P.A. 89-546, eff. 1-1-97; 90-590, eff. 1-1-99.)
25 Section 35-20. The Unified Code of Corrections is
26 amended by re-enacting Sections 3-6-4, 3-10-13, 3-14-1, and
27 3-14-4 as follows:
28 (730 ILCS 5/3-6-4) (from Ch. 38, par. 1003-6-4)
29 Sec. 3-6-4. Enforcement of Discipline - Escape.
30 (a) A committed person who escapes or attempts to escape
31 from an institution or facility of the Adult Division, or
32 escapes or attempts to escape while in the custody of an
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1 employee of the Adult Division, or holds or participates in
2 the holding of any person as a hostage by force, threat or
3 violence, or while participating in any disturbance,
4 demonstration or riot, causes, directs or participates in the
5 destruction of any property is guilty of a Class 2 felony. A
6 committed person who fails to return from furlough or from
7 work and day release is guilty of a Class 3 felony.
8 (b) If one or more committed persons injures or attempts
9 to injure in a violent manner any employee, officer, guard,
10 other peace officer or any other committed person or damages
11 or attempts to damage any building or workshop, or any
12 appurtenances thereof, or attempts to escape, or disobeys or
13 resists any lawful command, the employees, officers, guards
14 and other peace officers shall use all suitable means to
15 defend themselves, to enforce the observance of discipline,
16 to secure the persons of the offenders, and prevent such
17 attempted violence or escape; and said employees, officers,
18 guards, or other peace officers, or any of them, shall, in
19 the attempt to prevent the escape of any such person, or in
20 attempting to retake any such person who has escaped, or in
21 attempting to prevent or suppress violence by a committed
22 person against another person, a riot, revolt, mutiny or
23 insurrection, be justified in the use of force, including
24 force likely to cause death or great bodily harm under
25 Section 7-8 of the Criminal Code of 1961 which he reasonably
26 believed necessary.
27 As used in this Section, "committed person" includes a
28 person held in detention in a secure facility or committed as
29 a sexually violent person and held in a secure facility under
30 the Sexually Violent Persons Commitment Act; and "peace
31 officer" means any officer or member of any duly organized
32 State, county or municipal police unit or police force.
33 (c) The Department shall establish procedures to provide
34 immediate notification of the escape of any person, as
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1 defined in subsection (a) of this Section, to the persons
2 specified in subsection (c) of Section 3-14-1 of this Code.
3 (Source: P.A. 89-8, eff. 3-21-95; 90-793, eff. 8-14-98.)
4 (730 ILCS 5/3-10-13)
5 Sec. 3-10-13. Notifications of Release or Escape.
6 (a) The Department shall establish procedures to provide
7 written notification of the release of any person from the
8 Juvenile Division to the persons and agencies specified in
9 subsection (c) of Section 3-14-1 of this Code.
10 (b) The Department shall establish procedures to provide
11 immediate notification of the escape of any person from the
12 Juvenile Division to the persons and agencies specified in
13 subsection (c) of Section 3-14-1 of this Code.
14 (Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 3-21-95.)
15 (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
16 Sec. 3-14-1. Release from the Institution.
17 (a) Upon release of a person on parole, mandatory
18 release, final discharge or pardon the Department shall
19 return all property held for him, provide him with suitable
20 clothing and procure necessary transportation for him to his
21 designated place of residence and employment. It may provide
22 such person with a grant of money for travel and expenses
23 which may be paid in installments. The amount of the money
24 grant shall be determined by the Department.
25 The Department of Corrections may establish and maintain,
26 in any institution it administers, revolving funds to be
27 known as "Travel and Allowances Revolving Funds". These
28 revolving funds shall be used for advancing travel and
29 expense allowances to committed, paroled, and discharged
30 prisoners. The moneys paid into such revolving funds shall
31 be from appropriations to the Department for Committed,
32 Paroled, and Discharged Prisoners.
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1 (b) (Blank).
2 (c) Except as otherwise provided in this Code, the
3 Department shall establish procedures to provide written
4 notification of any release of any person who has been
5 convicted of a felony to the State's Attorney and sheriff of
6 the county from which the offender was committed, and the
7 State's Attorney and sheriff of the county into which the
8 offender is to be paroled or released. Except as otherwise
9 provided in this Code, the Department shall establish
10 procedures to provide written notification to the proper law
11 enforcement agency for any municipality of any release of any
12 person who has been convicted of a felony if the arrest of
13 the offender or the commission of the offense took place in
14 the municipality, if the offender is to be paroled or
15 released into the municipality, or if the offender resided in
16 the municipality at the time of the commission of the
17 offense. If a person convicted of a felony who is in the
18 custody of the Department of Corrections or on parole or
19 mandatory supervised release informs the Department that he
20 or she has resided, resides, or will reside at an address
21 that is a housing facility owned, managed, operated, or
22 leased by a public housing agency, the Department must send
23 written notification of that information to the public
24 housing agency that owns, manages, operates, or leases the
25 housing facility. The written notification shall, when
26 possible, be given at least 14 days before release of the
27 person from custody, or as soon thereafter as possible.
28 (c-1) (Blank).
29 (d) Upon the release of a committed person on parole,
30 mandatory supervised release, final discharge or pardon, the
31 Department shall provide such person with information
32 concerning programs and services of the Illinois Department
33 of Public Health to ascertain whether such person has been
34 exposed to the human immunodeficiency virus (HIV) or any
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1 identified causative agent of Acquired Immunodeficiency
2 Syndrome (AIDS).
3 (Source: P.A. 91-506, eff. 8-13-99.)
4 (730 ILCS 5/3-14-4) (from Ch. 38, par. 1003-14-4)
5 Sec. 3-14-4. Half-way Houses.
6 (a) The Department may establish and maintain half-way
7 houses for the residence of persons on parole or mandatory
8 release. Such half-way houses shall be maintained apart from
9 security institutions, except that the Director of
10 Corrections is authorized to designate that any work or day
11 release facility, or any portion thereof, may be used as a
12 half-way house for the residence of persons on parole or
13 mandatory supervised release.
14 (b) For those persons to be placed in a half-way house
15 directly upon release from an institution on parole or
16 mandatory supervised release status, not less than 15 days
17 prior to the placement of such a person in such a half-way
18 house, the Department of Corrections shall give written
19 notice to the State's Attorney and the Sheriff of the county
20 and the proper law enforcement agency of the municipality in
21 which the half-way house is located of the identity of the
22 person to be placed in that program. Such identifying
23 information shall include, but not be limited to, the name of
24 the individual, age, physical description, photograph, the
25 crime for which the person was originally sentenced to the
26 Department of Corrections, and like information. The notice
27 shall be given in all cases, except when placement of an
28 emergency nature is necessary. In such emergency cases, oral
29 notice shall be given to the appropriate parties within 24
30 hours with written notice to follow within 5 days.
31 (c) Persons on parole or mandatory supervised release
32 status who have been previously released to the community,
33 but who are not currently residing in a half-way house, may
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1 be placed in a half-way house upon the oral notification of
2 the parties within 24 hours as indicated in subsection (b) of
3 this Section. Such oral notification shall be followed with
4 written notification within 5 days.
5 (Source: P.A. 88-680, eff. 1-1-95.)
6 ARTICLE 40
7 Section 40-10. The Criminal Code of 1961 is amended by
8 re-enacting Section 12-6.1 as follows:
9 (720 ILCS 5/12-6.1) (from Ch. 38, par. 12-6.1)
10 Sec. 12-6.1. Compelling organization membership of
11 persons. A person who expressly or impliedly threatens to do
12 bodily harm or does bodily harm to an individual or to that
13 individual's family or uses any other criminally unlawful
14 means to solicit or cause any person to join, or deter any
15 person from leaving, any organization or association
16 regardless of the nature of such organization or association,
17 is guilty of a Class 2 felony.
18 Any person of the age of 18 years or older who expressly
19 or impliedly threatens to do bodily harm or does bodily harm
20 to a person under 18 years of age or uses any other
21 criminally unlawful means to solicit or cause any person
22 under 18 years of age to join, or deter any person under 18
23 years of age from leaving, any organization or association
24 regardless of the nature of such organization or association
25 is guilty of a Class 1 felony.
26 A person convicted of an offense under this Section shall
27 not be eligible to receive a sentence of probation,
28 conditional discharge, or periodic imprisonment.
29 (Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 1-1-96; 89-314,
30 eff. 1-1-96; 89-626, eff. 8-9-96.)
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1 ARTICLE 50
2 Section 50-3. The Firearm Owners Identification Card Act
3 is amended by re-enacting Sections 2, 4, 8, and 14 as
4 follows:
5 (430 ILCS 65/2) (from Ch. 38, par. 83-2)
6 Sec. 2. Firearm Owner's Identification Card required;
7 exceptions.
8 (a) (1) No person may acquire or possess any firearm
9 within this State without having in his or her possession a
10 Firearm Owner's Identification Card previously issued in his
11 or her name by the Department of State Police under the
12 provisions of this Act.
13 (2) No person may acquire or possess firearm ammunition
14 within this State without having in his or her possession a
15 Firearm Owner's Identification Card previously issued in his
16 or her name by the Department of State Police under the
17 provisions of this Act.
18 (b) The provisions of this Section regarding the
19 possession of firearms and firearm ammunition do not apply
20 to:
21 (1) United States Marshals, while engaged in the
22 operation of their official duties;
23 (2) Members of the Armed Forces of the United
24 States or the National Guard, while engaged in the
25 operation of their official duties;
26 (3) Federal officials required to carry firearms,
27 while engaged in the operation of their official duties;
28 (4) Members of bona fide veterans organizations
29 which receive firearms directly from the armed forces of
30 the United States, while using the firearms for
31 ceremonial purposes with blank ammunition;
32 (5) Nonresident hunters during hunting season, with
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1 valid nonresident hunting licenses and while in an area
2 where hunting is permitted; however, at all other times
3 and in all other places these persons must have their
4 firearms unloaded and enclosed in a case;
5 (6) Those hunters exempt from obtaining a hunting
6 license who are required to submit their Firearm Owner's
7 Identification Card when hunting on Department of Natural
8 Resources owned or managed sites;
9 (7) Nonresidents while on a firing or shooting
10 range recognized by the Department of State Police;
11 however, these persons must at all other times and in all
12 other places have their firearms unloaded and enclosed in
13 a case;
14 (8) Nonresidents while at a firearm showing or
15 display recognized by the Department of State Police;
16 however, at all other times and in all other places these
17 persons must have their firearms unloaded and enclosed in
18 a case;
19 (9) Nonresidents whose firearms are unloaded and
20 enclosed in a case;
21 (10) Nonresidents who are currently licensed or
22 registered to possess a firearm in their resident state;
23 (11) Unemancipated minors while in the custody and
24 immediate control of their parent or legal guardian or
25 other person in loco parentis to the minor if the parent
26 or legal guardian or other person in loco parentis to the
27 minor has a currently valid Firearm Owner's
28 Identification Card;
29 (12) Color guards of bona fide veterans
30 organizations or members of bona fide American Legion
31 bands while using firearms for ceremonial purposes with
32 blank ammunition;
33 (13) Nonresident hunters whose state of residence
34 does not require them to be licensed or registered to
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1 possess a firearm and only during hunting season, with
2 valid hunting licenses, while accompanied by, and using a
3 firearm owned by, a person who possesses a valid Firearm
4 Owner's Identification Card and while in an area within a
5 commercial club licensed under the Wildlife Code where
6 hunting is permitted and controlled, but in no instance
7 upon sites owned or managed by the Department of Natural
8 Resources; and
9 (14) Resident hunters who are properly authorized
10 to hunt and, while accompanied by a person who possesses
11 a valid Firearm Owner's Identification Card, hunt in an
12 area within a commercial club licensed under the Wildlife
13 Code where hunting is permitted and controlled.
14 (c) The provisions of this Section regarding the
15 acquisition and possession of firearms and firearm ammunition
16 do not apply to law enforcement officials of this or any
17 other jurisdiction, while engaged in the operation of their
18 official duties.
19 (Source: P.A. 88-680, eff. 1-1-95; 89-445, eff. 2-7-96.)
20 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
21 Sec. 4. (a) Each applicant for a Firearm Owner's
22 Identification Card must:
23 (1) Make application on blank forms prepared and
24 furnished at convenient locations throughout the State by
25 the Department of State Police; and
26 (2) Submit evidence under penalty of perjury to the
27 Department of State Police that:
28 (i) He or she is 21 years of age or over, or
29 if he or she is under 21 years of age that he or she
30 has the written consent of his or her parent or
31 legal guardian to possess and acquire firearms and
32 firearm ammunition and that he or she has never been
33 convicted of a misdemeanor other than a traffic
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1 offense or adjudged delinquent, provided, however,
2 that such parent or legal guardian is not an
3 individual prohibited from having a Firearm Owner's
4 Identification Card and files an affidavit with the
5 Department as prescribed by the Department stating
6 that he or she is not an individual prohibited from
7 having a Card;
8 (ii) He or she has not been convicted of a
9 felony under the laws of this or any other
10 jurisdiction;
11 (iii) He or she is not addicted to narcotics;
12 (iv) He or she has not been a patient in a
13 mental institution within the past 5 years;
14 (v) He or she is not mentally retarded;
15 (vi) He or she is not an alien who is
16 unlawfully present in the United States under the
17 laws of the United States;
18 (vii) He or she is not subject to an existing
19 order of protection prohibiting him or her from
20 possessing a firearm;
21 (viii) He or she has not been convicted within
22 the past 5 years of battery, assault, aggravated
23 assault, violation of an order of protection, or a
24 substantially similar offense in another
25 jurisdiction, in which a firearm was used or
26 possessed;
27 (ix) He or she has not been convicted of
28 domestic battery or a substantially similar offense
29 in another jurisdiction committed on or after the
30 effective date of this amendatory Act of 1997; and
31 (x) He or she has not been convicted within
32 the past 5 years of domestic battery or a
33 substantially similar offense in another
34 jurisdiction committed before the effective date of
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1 this amendatory Act of 1997; and
2 (3) Upon request by the Department of State Police,
3 sign a release on a form prescribed by the Department of
4 State Police waiving any right to confidentiality and
5 requesting the disclosure to the Department of State
6 Police of limited mental health institution admission
7 information from another state, the District of Columbia,
8 any other territory of the United States, or a foreign
9 nation concerning the applicant for the sole purpose of
10 determining whether the applicant is or was a patient in
11 a mental health institution and disqualified because of
12 that status from receiving a Firearm Owner's
13 Identification Card. No mental health care or treatment
14 records may be requested. The information received shall
15 be destroyed within one year of receipt.
16 (b) Each application form shall include the following
17 statement printed in bold type: "Warning: False statements
18 of the applicant shall result in prosecution for perjury in
19 accordance with Section 32-2 of the Criminal Code of 1961.".
20 (c) Upon such written consent, pursuant to Section 4,
21 paragraph (a) (2) (i), the parent or legal guardian giving
22 the consent shall be liable for any damages resulting from
23 the applicant's use of firearms or firearm ammunition.
24 (Source: P.A. 90-493, eff. 1-1-98; 91-514, eff. 1-1-00.)
25 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
26 Sec. 8. The Department of State Police has authority to
27 deny an application for or to revoke and seize a Firearm
28 Owner's Identification Card previously issued under this Act
29 only if the Department finds that the applicant or the person
30 to whom such card was issued is or was at the time of
31 issuance:
32 (a) A person under 21 years of age who has been
33 convicted of a misdemeanor other than a traffic offense or
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1 adjudged delinquent;
2 (b) A person under 21 years of age who does not have the
3 written consent of his parent or guardian to acquire and
4 possess firearms and firearm ammunition, or whose parent or
5 guardian has revoked such written consent, or where such
6 parent or guardian does not qualify to have a Firearm Owner's
7 Identification Card;
8 (c) A person convicted of a felony under the laws of
9 this or any other jurisdiction;
10 (d) A person addicted to narcotics;
11 (e) A person who has been a patient of a mental
12 institution within the past 5 years;
13 (f) A person whose mental condition is of such a nature
14 that it poses a clear and present danger to the applicant,
15 any other person or persons or the community;
16 For the purposes of this Section, "mental condition"
17 means a state of mind manifested by violent, suicidal,
18 threatening or assaultive behavior.
19 (g) A person who is mentally retarded;
20 (h) A person who intentionally makes a false statement
21 in the Firearm Owner's Identification Card application;
22 (i) An alien who is unlawfully present in the United
23 States under the laws of the United States;
24 (j) A person who is subject to an existing order of
25 protection prohibiting him or her from possessing a firearm;
26 (k) A person who has been convicted within the past 5
27 years of battery, assault, aggravated assault, violation of
28 an order of protection, or a substantially similar offense in
29 another jurisdiction, in which a firearm was used or
30 possessed;
31 (l) A person who has been convicted of domestic battery
32 or a substantially similar offense in another jurisdiction
33 committed on or after January 1, 1998;
34 (m) A person who has been convicted within the past 5
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1 years of domestic battery or a substantially similar offense
2 in another jurisdiction committed before January 1, 1998; or
3 (n) A person who is prohibited from acquiring or
4 possessing firearms or firearm ammunition by any Illinois
5 State statute or by federal law.
6 (Source: P.A. 89-367, eff. 1-1-96; 90-130, eff. 1-1-98;
7 90-493, eff. 1-1-98; 90-655, eff. 7-30-98.)
8 (430 ILCS 65/14) (from Ch. 38, par. 83-14)
9 Sec. 14. Sentence.
10 (a) A violation of paragraph (1) of subsection (a) of
11 Section 2, when the person's Firearm Owner's Identification
12 Card is expired but the person is not otherwise disqualified
13 from renewing the card, is a Class A misdemeanor.
14 (b) Except as provided in subsection (a) with respect to
15 an expired card, a violation of paragraph (1) of subsection
16 (a) of Section 2 is a Class A misdemeanor when the person
17 does not possess a currently valid Firearm Owner's
18 Identification Card, but is otherwise eligible under this
19 Act. A second or subsequent violation is a Class 4 felony.
20 (c) A violation of paragraph (1) of subsection (a) of
21 Section 2 is a Class 3 felony when:
22 (1) the person's Firearm Owner's Identification
23 Card is revoked or subject to revocation under Section 8;
24 or
25 (2) the person's Firearm Owner's Identification
26 Card is expired and not otherwise eligible for renewal
27 under this Act; or
28 (3) the person does not possess a currently valid
29 Firearm Owner's Identification Card, and the person is
30 not otherwise eligible under this Act.
31 (d) A violation of subsection (a) of Section 3 is a
32 Class 4 felony.
33 (e) Any other violation of this Act is a Class A
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1 misdemeanor.
2 (Source: P.A. 88-680, eff. 1-1-95; 89-377, eff. 8-18-95.)
3 Section 50-5. The Criminal Code of 1961 is amended by
4 re-enacting Sections 11-14, 11-14.1, 11-16, 11-19, 11-19.1,
5 11-19.2, 24-1, 24-3, 24-3.1, 33A-1, 33A-3, and 33F-1 as
6 follows:
7 (720 ILCS 5/11-14) (from Ch. 38, par. 11-14)
8 Sec. 11-14. Prostitution.
9 (a) Any person who performs, offers or agrees to perform
10 any act of sexual penetration as defined in Section 12-12 of
11 this Code for any money, property, token, object, or article
12 or anything of value, or any touching or fondling of the sex
13 organs of one person by another person, for any money,
14 property, token, object, or article or anything of value, for
15 the purpose of sexual arousal or gratification commits an act
16 of prostitution.
17 (b) Sentence.
18 Prostitution is a Class A misdemeanor. A person convicted
19 of a second or subsequent violation of this Section, or of
20 any combination of such number of convictions under this
21 Section and Sections 11-15 , 11-17, 11-18, 11-18.1 and 11-19
22 of this Code is guilty of a Class 4 felony. When a person has
23 one or more prior convictions, the information or indictment
24 charging that person shall state such prior conviction so as
25 to give notice of the State's intention to treat the charge
26 as a felony. The fact of such prior conviction is not an
27 element of the offense and may not be disclosed to the jury
28 during trial unless otherwise permitted by issues properly
29 raised during such trial.
30 (c) A person who violates this Section within 1,000 feet
31 of real property comprising a school commits a Class 4
32 felony.
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1 (Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00;
2 revised 10-20-99.)
3 (720 ILCS 5/11-14.1)
4 Sec. 11-14.1. Solicitation of a sexual act.
5 (a) Any person who offers a person not his or her spouse
6 any money, property, token, object, or article or anything of
7 value to perform any act of sexual penetration as defined in
8 Section 12-12 of this Code, or any touching or fondling of
9 the sex organs of one person by another person for the
10 purpose of sexual arousal or gratification, commits the
11 offense of solicitation of a sexual act.
12 (b) Sentence. Solicitation of a sexual act is a Class B
13 misdemeanor.
14 (Source: P.A. 88-325; 88-680, eff. 1-1-95.)
15 (720 ILCS 5/11-16) (from Ch. 38, par. 11-16)
16 Sec. 11-16. Pandering.
17 (a) Any person who performs any of the following acts
18 for any money, property, token, object, or article or
19 anything of value commits pandering:
20 (1) Compels a person to become a prostitute; or
21 (2) Arranges or offers to arrange a situation in
22 which a person may practice prostitution.
23 (b) Sentence.
24 Pandering by compulsion is a Class 4 felony. Pandering
25 other than by compulsion is a Class 4 felony.
26 (c) A person who violates this Section within 1,000 feet
27 of real property comprising a school commits a Class 3
28 felony.
29 (Source: P.A. 91-274, eff. 1-1-00.)
30 (720 ILCS 5/11-19) (from Ch. 38, par. 11-19)
31 Sec. 11-19. Pimping.
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1 (a) Any person who receives any money, property, token,
2 object, or article or anything of value from a prostitute,
3 not for a lawful consideration, knowing it was earned in
4 whole or in part from the practice of prostitution, commits
5 pimping.
6 (b) Sentence.
7 Pimping is a Class A misdemeanor. A person convicted of a
8 second or subsequent violation of this Section, or of any
9 combination of such number of convictions under this Section
10 and Sections 11-14, 11-15, 11-17, 11-18 and 11-18.1 of this
11 Code is guilty of a Class 4 felony. When a person has one or
12 more prior convictions, the information or indictment
13 charging that person shall state such prior conviction so as
14 to give notice of the State's intention to treat the charge
15 as a felony. The fact of such conviction is not an element
16 of the offense and may not be disclosed to the jury during
17 trial unless otherwise permitted by issues properly raised
18 during such trial.
19 (c) A person who violates this Section within 1,000 feet
20 of real property comprising a school commits a Class 4
21 felony.
22 (Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00;
23 revised 10-20-99.)
24 (720 ILCS 5/11-19.1) (from Ch. 38, par. 11-19.1)
25 Sec. 11-19.1. Juvenile Pimping.
26 (a) Any person who receives any money, property, token,
27 object, or article or anything of value from a prostitute
28 under 16 years of age or from a prostitute who is an
29 institutionalized severely or profoundly mentally retarded
30 person, not for a lawful consideration, knowing it was earned
31 in whole or in part from the practice of prostitution,
32 commits juvenile pimping.
33 (b) It is an affirmative defense to a charge of juvenile
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1 pimping that the accused reasonably believed the person was
2 of the age of 16 years or over or was not an
3 institutionalized severely or profoundly mentally retarded
4 person at the time of the act giving rise to the charge.
5 (c) Sentence.
6 Juvenile pimping is a Class 1 felony.
7 (Source: P.A. 88-680, eff. 1-1-95.)
8 (720 ILCS 5/11-19.2) (from Ch. 38, par. 11-19.2)
9 Sec. 11-19.2. Exploitation of a child.
10 (A) A person commits exploitation of a child when he or
11 she confines a child under the age of 16 or an
12 institutionalized severely or profoundly mentally retarded
13 person against his or her will by the infliction or threat of
14 imminent infliction of great bodily harm, permanent
15 disability or disfigurement or by administering to the child
16 or an institutionalized severely or profoundly mentally
17 retarded person without his or her consent or by threat or
18 deception and for other than medical purposes, any alcoholic
19 intoxicant or a drug as defined in the Illinois Controlled
20 Substances Act or the Cannabis Control Act and:
21 (1) compels the child or an institutionalized
22 severely or profoundly mentally retarded person to become
23 a prostitute; or
24 (2) arranges a situation in which the child or an
25 institutionalized severely or profoundly mentally
26 retarded person may practice prostitution; or
27 (3) receives any money, property, token, object, or
28 article or anything of value from the child or an
29 institutionalized severely or profoundly mentally
30 retarded person knowing it was obtained in whole or in
31 part from the practice of prostitution.
32 (B) For purposes of this Section, administering drugs,
33 as defined in subsection (A), or an alcoholic intoxicant to a
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1 child under the age of 13 or an institutionalized severely or
2 profoundly mentally retarded person shall be deemed to be
3 without consent if such administering is done without the
4 consent of the parents or legal guardian.
5 (C) Exploitation of a child is a Class X felony.
6 (D) Any person convicted under this Section is subject
7 to the forfeiture provisions of Section 11-20.1A of this Act.
8 (Source: P.A. 91-357, eff. 7-29-99.)
9 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
10 Sec. 24-1. Unlawful Use of Weapons.
11 (a) A person commits the offense of unlawful use of
12 weapons when he knowingly:
13 (1) Sells, manufactures, purchases, possesses or
14 carries any bludgeon, black-jack, slung-shot, sand-club,
15 sand-bag, metal knuckles, throwing star, or any knife,
16 commonly referred to as a switchblade knife, which has a
17 blade that opens automatically by hand pressure applied
18 to a button, spring or other device in the handle of the
19 knife, or a ballistic knife, which is a device that
20 propels a knifelike blade as a projectile by means of a
21 coil spring, elastic material or compressed gas; or
22 (2) Carries or possesses with intent to use the
23 same unlawfully against another, a dagger, dirk, billy,
24 dangerous knife, razor, stiletto, broken bottle or other
25 piece of glass, stun gun or taser or any other dangerous
26 or deadly weapon or instrument of like character; or
27 (3) Carries on or about his person or in any
28 vehicle, a tear gas gun projector or bomb or any object
29 containing noxious liquid gas or substance, other than an
30 object containing a non-lethal noxious liquid gas or
31 substance designed solely for personal defense carried by
32 a person 18 years of age or older; or
33 (4) Carries or possesses in any vehicle or
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1 concealed on or about his person except when on his land
2 or in his own abode or fixed place of business any
3 pistol, revolver, stun gun or taser or other firearm,
4 except that this subsection (a)(4) does not apply to
5 or affect transportation of weapons that:
6 (i) are broken down in a non-functioning
7 state; or
8 (ii) are not immediately accessible; or
9 (iii) are unloaded and enclosed in a case,
10 firearm carrying box, shipping box, or other
11 container by the possessor of a valid Firearm
12 Owner's Identification Card; or
13 (5) Sets a spring gun; or
14 (6) Possesses any device or attachment of any kind
15 designed, used or intended for use in silencing the
16 report of any firearm; or
17 (7) Sells, manufactures, purchases, possesses or
18 carries:
19 (i) a machine gun, which shall be defined for
20 the purposes of this subsection as any weapon, which
21 shoots, is designed to shoot, or can be readily
22 restored to shoot, automatically more than one shot
23 without manually reloading by a single function of
24 the trigger, including the frame or receiver of any
25 such weapon, or sells, manufactures, purchases,
26 possesses, or carries any combination of parts
27 designed or intended for use in converting any
28 weapon into a machine gun, or any combination or
29 parts from which a machine gun can be assembled if
30 such parts are in the possession or under the
31 control of a person;
32 (ii) any rifle having one or more barrels less
33 than 16 inches in length or a shotgun having one or
34 more barrels less than 18 inches in length or any
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1 weapon made from a rifle or shotgun, whether by
2 alteration, modification, or otherwise, if such a
3 weapon as modified has an overall length of less
4 than 26 inches; or
5 (iii) any bomb, bomb-shell, grenade, bottle or
6 other container containing an explosive substance of
7 over one-quarter ounce for like purposes, such as,
8 but not limited to, black powder bombs and Molotov
9 cocktails or artillery projectiles; or
10 (8) Carries or possesses any firearm, stun gun or
11 taser or other deadly weapon in any place which is
12 licensed to sell intoxicating beverages, or at any public
13 gathering held pursuant to a license issued by any
14 governmental body or any public gathering at which an
15 admission is charged, excluding a place where a showing,
16 demonstration or lecture involving the exhibition of
17 unloaded firearms is conducted; or
18 (9) Carries or possesses in a vehicle or on or
19 about his person any pistol, revolver, stun gun or taser
20 or firearm or ballistic knife, when he is hooded, robed
21 or masked in such manner as to conceal his identity; or
22 (10) Carries or possesses on or about his person,
23 upon any public street, alley, or other public lands
24 within the corporate limits of a city, village or
25 incorporated town, except when an invitee thereon or
26 therein, for the purpose of the display of such weapon or
27 the lawful commerce in weapons, or except when on his
28 land or in his own abode or fixed place of business, any
29 pistol, revolver, stun gun or taser or other firearm,
30 except that this subsection (a)(10) does not apply to
31 or affect transportation of weapons that:
32 (i) are broken down in a non-functioning
33 state; or
34 (ii) are not immediately accessible; or
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1 (iii) are unloaded and enclosed in a case,
2 firearm carrying box, shipping box, or other
3 container by the possessor of a valid Firearm
4 Owner's Identification Card.
5 A "stun gun or taser", as used in this paragraph (a)
6 means (i) any device which is powered by electrical
7 charging units, such as, batteries, and which fires one
8 or several barbs attached to a length of wire and which,
9 upon hitting a human, can send out a current capable of
10 disrupting the person's nervous system in such a manner
11 as to render him incapable of normal functioning or (ii)
12 any device which is powered by electrical charging units,
13 such as batteries, and which, upon contact with a human
14 or clothing worn by a human, can send out current capable
15 of disrupting the person's nervous system in such a
16 manner as to render him incapable of normal functioning;
17 or
18 (11) Sells, manufactures or purchases any explosive
19 bullet. For purposes of this paragraph (a) "explosive
20 bullet" means the projectile portion of an ammunition
21 cartridge which contains or carries an explosive charge
22 which will explode upon contact with the flesh of a human
23 or an animal. "Cartridge" means a tubular metal case
24 having a projectile affixed at the front thereof and a
25 cap or primer at the rear end thereof, with the
26 propellant contained in such tube between the projectile
27 and the cap; or
28 (12) (Blank).
29 (b) Sentence. A person convicted of a violation of
30 subsection 24-1(a)(1) through (3), subsection 24-1(a)(5),
31 subsection 24-1(a)(8), or subsection 24-1(a)(11) commits a
32 Class A misdemeanor. A person convicted of a violation of
33 subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits a
34 Class 4 felony; a person convicted of a violation of
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1 subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a
2 Class 3 felony. A person convicted of a violation of
3 subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
4 weapon is possessed in the passenger compartment of a motor
5 vehicle as defined in Section 1-146 of the Illinois Vehicle
6 Code, or on the person, while the weapon is loaded, in which
7 case it shall be a Class X felony. A person convicted of a
8 second or subsequent violation of subsection 24-1(a)(4),
9 24-1(a)(9), or 24-1(a)(10) or a person convicted of a
10 violation of subsection 24-1(a)(4) or 24-1(a)(10) who has
11 previously been sentenced to probation under subsection (b-5)
12 of this Section commits a Class 3 felony.
13 (b-5) Probation.
14 (1) Whenever a person pleads guilty to or is found
15 guilty of a violation of subsection 24-1(a)(4) or
16 24-1(a)(10) of this Section, the court, without entering
17 judgment, shall place the person on probation under the
18 terms of this subsection (b-5) unless:
19 (A) the person has been convicted of any
20 offense relating to the unlawful use or possession
21 of a firearm or of any offense classified as a
22 felony in this or any other jurisdiction;
23 (B) within 2 years preceding the date of the
24 current offense, the person has been convicted of or
25 given supervision for a Class A misdemeanor, other
26 than a misdemeanor traffic-related offense;
27 (C) within 5 years preceding the date of the
28 current offense, the person has been adjudicated
29 delinquent for any forcible felony, Class 2 or
30 greater felony, or any offense relating to the
31 unlawful use or possession of a firearm under the
32 laws of this State or similar laws of any other
33 jurisdiction; or
34 (D) the person is not the holder of a valid
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1 Firearm Owner's Identification Card at the time the
2 offense is committed.
3 Upon objection of the State's Attorney, the burden
4 shall be on the State's Attorney to show sufficient cause
5 to overcome the presumption of probation. The objection
6 of the State's Attorney alone shall not be sufficient to
7 overcome the presumption of probation.
8 The court shall specify on the record the
9 particular evidence, information, or other reasons that
10 form the basis of its sentence.
11 (2) When a person is placed on probation, the court
12 shall enter an order specifying a period of not less than
13 6 months nor more than 12 months probation and shall
14 defer further proceedings in the case until the
15 conclusion of the period or until the filing of a
16 petition alleging violation of a term or condition of
17 probation.
18 (3) The conditions of probation shall be that the
19 person:
20 (i) not violate any criminal statute of any
21 jurisdiction other than a municipal ordinance;
22 (ii) perform no less than 30 hours of
23 community service, provided community service is
24 available in the jurisdiction and is funded and
25 approved by the county board.
26 (4) The court may, in addition to other conditions,
27 require that the person:
28 (i) make a report to and appear in person
29 before or participate with the court or courts,
30 person, or social service agency as directed by the
31 court in the order of probation;
32 (ii) pay a fine and costs;
33 (iii) refrain from possessing a firearm or
34 other dangerous weapon.
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1 (5) Upon violation of a term or condition of
2 probation, the court may enter a judgment on its original
3 finding of guilt and proceed as otherwise provided.
4 (6) Upon fulfillment of the terms and conditions of
5 probation, the court shall discharge the person and
6 dismiss the proceedings against him or her.
7 (7) A disposition of probation is considered to be
8 a conviction for the purposes of imposing the conditions
9 of probation and for appeal; however, discharge and
10 dismissal under this subsection (b-5) is not a conviction
11 for purposes of this Code or for purposes of
12 disqualifications or disabilities imposed by law upon
13 conviction of a crime. During the period of probation,
14 the person shall not be considered under indictment or
15 otherwise charged with a crime. If, however, the person
16 is convicted of any forcible felony or any offense under
17 Article 24 of the Criminal Code of 1961 within 5 years of
18 a discharge and dismissal under this subsection (b-5),
19 the discharge and dismissal shall be admissible in the
20 sentencing proceeding for that conviction as evidence in
21 aggravation.
22 (8) There may be only one discharge and dismissal
23 under this subsection (b-5) with respect to any person.
24 (9) Nothing in this subsection (b-5) prohibits the
25 imposition of a sentence under Article 6 of Chapter V of
26 the Unified Code of Corrections in the case of a person
27 who is not eligible for probation under this subsection
28 (b-5).
29 (c) Violations in specific places.
30 (1) A person who violates subsection 24-1(a)(6) or
31 24-1(a)(7) in any school, regardless of the time of day
32 or the time of year, in residential property owned,
33 operated or managed by a public housing agency or leased
34 by a public housing agency as part of a scattered site or
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1 mixed-income development, in a public park, in a
2 courthouse, on the real property comprising any school,
3 regardless of the time of day or the time of year, on
4 residential property owned, operated or managed by a
5 public housing agency or leased by a public housing
6 agency as part of a scattered site or mixed-income
7 development, on the real property comprising any public
8 park, on the real property comprising any courthouse, in
9 any conveyance owned, leased or contracted by a school to
10 transport students to or from school or a school related
11 activity, or on any public way within 1,000 feet of the
12 real property comprising any school, public park,
13 courthouse, or residential property owned, operated, or
14 managed by a public housing agency or leased by a public
15 housing agency as part of a scattered site or
16 mixed-income development commits a Class 2 felony.
17 (1.5) A person who violates subsection 24-1(a)(4),
18 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
19 the time of day or the time of year, in residential
20 property owned, operated, or managed by a public housing
21 agency or leased by a public housing agency as part of a
22 scattered site or mixed-income development, in a public
23 park, in a courthouse, on the real property comprising
24 any school, regardless of the time of day or the time of
25 year, on residential property owned, operated, or managed
26 by a public housing agency or leased by a public housing
27 agency as part of a scattered site or mixed-income
28 development, on the real property comprising any public
29 park, on the real property comprising any courthouse, in
30 any conveyance owned, leased, or contracted by a school
31 to transport students to or from school or a school
32 related activity, or on any public way within 1,000 feet
33 of the real property comprising any school, public park,
34 courthouse, or residential property owned, operated, or
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1 managed by a public housing agency or leased by a public
2 housing agency as part of a scattered site or
3 mixed-income development commits a Class 3 felony.
4 (2) A person who violates subsection 24-1(a)(1),
5 24-1(a)(2), or 24-1(a)(3) in any school, regardless of
6 the time of day or the time of year, in residential
7 property owned, operated or managed by a public housing
8 agency or leased by a public housing agency as part of a
9 scattered site or mixed-income development, in a public
10 park, in a courthouse, on the real property comprising
11 any school, regardless of the time of day or the time of
12 year, on residential property owned, operated or managed
13 by a public housing agency or leased by a public housing
14 agency as part of a scattered site or mixed-income
15 development, on the real property comprising any public
16 park, on the real property comprising any courthouse, in
17 any conveyance owned, leased or contracted by a school to
18 transport students to or from school or a school related
19 activity, or on any public way within 1,000 feet of the
20 real property comprising any school, public park,
21 courthouse, or residential property owned, operated, or
22 managed by a public housing agency or leased by a public
23 housing agency as part of a scattered site or
24 mixed-income development commits a Class 4 felony.
25 "Courthouse" means any building that is used by the
26 Circuit, Appellate, or Supreme Court of this State for
27 the conduct of official business.
28 (3) Paragraphs (1), (1.5), and (2) of this
29 subsection (c) shall not apply to law enforcement
30 officers or security officers of such school, college, or
31 university or to students carrying or possessing firearms
32 for use in training courses, parades, hunting, target
33 shooting on school ranges, or otherwise with the consent
34 of school authorities and which firearms are transported
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1 unloaded enclosed in a suitable case, box, or
2 transportation package.
3 (4) For the purposes of this subsection (c),
4 "school" means any public or private elementary or
5 secondary school, community college, college, or
6 university.
7 (d) The presence in an automobile other than a public
8 omnibus of any weapon, instrument or substance referred to in
9 subsection (a)(7) is prima facie evidence that it is in the
10 possession of, and is being carried by, all persons occupying
11 such automobile at the time such weapon, instrument or
12 substance is found, except under the following circumstances:
13 (i) if such weapon, instrument or instrumentality is found
14 upon the person of one of the occupants therein; or (ii) if
15 such weapon, instrument or substance is found in an
16 automobile operated for hire by a duly licensed driver in the
17 due, lawful and proper pursuit of his trade, then such
18 presumption shall not apply to the driver.
19 (e) Exemptions. Crossbows, Common or Compound bows and
20 Underwater Spearguns are exempted from the definition of
21 ballistic knife as defined in paragraph (1) of subsection (a)
22 of this Section.
23 (Source: P.A. 90-686, eff. 1-1-99; 91-673, eff. 12-22-99.)
24 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
25 Sec. 24-3. Unlawful Sale of Firearms.
26 (A) A person commits the offense of unlawful sale of
27 firearms when he or she knowingly does any of the following:
28 (a) Sells or gives any firearm of a size which may
29 be concealed upon the person to any person under 18 years
30 of age.; or
31 (b) Sells or gives any firearm to a person under 21
32 years of age who has been convicted of a misdemeanor
33 other than a traffic offense or adjudged delinquent.; or
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1 (c) Sells or gives any firearm to any narcotic
2 addict.; or
3 (d) Sells or gives any firearm to any person who
4 has been convicted of a felony under the laws of this or
5 any other jurisdiction.; or
6 (e) Sells or gives any firearm to any person who
7 has been a patient in a mental hospital within the past 5
8 years.; or
9 (f) Sells or gives any firearms to any person who
10 is mentally retarded.; or
11 (g) Delivers any firearm of a size which may be
12 concealed upon the person, incidental to a sale, without
13 withholding delivery of such firearm for at least 72
14 hours after application for its purchase has been made,
15 or delivers any rifle, shotgun or other long gun,
16 incidental to a sale, without withholding delivery of
17 such rifle, shotgun or other long gun for at least 24
18 hours after application for its purchase has been made.
19 However, this paragraph (g) does shall not apply to: (1)
20 the sale of a firearm to a law enforcement officer or a
21 person who desires to purchase a firearm for use in
22 promoting the public interest incident to his or her
23 employment as a bank guard, armed truck guard, or other
24 similar employment; or (2) a mail order sale of a firearm
25 to a nonresident of Illinois under which the firearm is
26 mailed to a point outside the boundaries of Illinois; or
27 (3) the sale of a firearm to a nonresident of Illinois
28 while at a firearm showing or display recognized by the
29 Illinois Department of State Police; or (4) the sale of a
30 firearm to a dealer licensed under the Federal Firearms
31 Act of the United States.; or
32 (h) While holding any license under the federal
33 "Gun Control Act of 1968", as amended, as a dealer,
34 importer, manufacturer or pawnbroker under the federal
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1 Gun Control Act of 1968,; manufactures, sells or delivers
2 to any unlicensed person a handgun having a barrel,
3 slide, frame or receiver which is a die casting of zinc
4 alloy or any other nonhomogeneous metal which will melt
5 or deform at a temperature of less than 800 degrees
6 Fahrenheit. For purposes of this paragraph, (1)
7 "firearm" is defined as in the Firearm Owners
8 Identification Card Act "An Act relating to the
9 acquisition, possession and transfer of firearms and
10 firearm ammunition, to provide a penalty for the
11 violation thereof and to make an appropriation in
12 connection therewith", approved August 3, 1967, as
13 amended; and (2) "handgun" is defined as a firearm
14 designed to be held and fired by the use of a single
15 hand, and includes a combination of parts from which such
16 a firearm can be assembled.; or
17 (i) Sells or gives a firearm of any size to any
18 person under 18 years of age who does not possess a valid
19 Firearm Owner's Identification Card.
20 (B) (j) Paragraph (h) of subsection (A) does this
21 Section shall not include firearms sold within 6 months after
22 enactment of Public Act 78-355 (approved August 21, 1973,
23 effective October 1, 1973) this amendatory Act of 1973, nor
24 is shall any firearm legally owned or possessed by any
25 citizen or purchased by any citizen within 6 months after the
26 enactment of Public Act 78-355 this amendatory Act of 1973 be
27 subject to confiscation or seizure under the provisions of
28 that Public this amendatory Act of 1973. Nothing in Public
29 Act 78-355 this amendatory Act of 1973 shall be construed to
30 prohibit the gift or trade of any firearm if that firearm was
31 legally held or acquired within 6 months after the enactment
32 of that Public this amendatory Act of 1973.
33 (C) (k) Sentence.
34 (1) Any person convicted of unlawful sale of
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1 firearms in violation of any of paragraphs (c) through
2 (h) of subsection (A) commits a Class 4 felony.
3 (2) Any person convicted of unlawful sale of
4 firearms in violation of paragraph (b) or (i) of
5 subsection (A) commits a Class 3 felony.
6 (3) Any person convicted of unlawful sale of
7 firearms in violation of paragraph (a) of subsection (A)
8 commits a Class 2 felony.
9 (4) Any person convicted of unlawful sale of
10 firearms in violation of paragraph (a), (b), or (i) of
11 subsection (A) in any school, on the real property
12 comprising a school, within 1,000 feet of the real
13 property comprising a school, at a school related
14 activity, or on or within 1,000 feet of any conveyance
15 owned, leased, or contracted by a school or school
16 district to transport students to or from school or a
17 school related activity, regardless of the time of day or
18 time of year at which that the offense was committed,
19 commits a Class 1 felony. Any person convicted of a
20 second or subsequent violation of unlawful sale of
21 firearms in violation of paragraph (a), (b), or (i) of
22 subsection (A) in any school, on the real property
23 comprising a school, within 1,000 feet of the real
24 property comprising a school, at a school related
25 activity, or on or within 1,000 feet of any conveyance
26 owned, leased, or contracted by a school or school
27 district to transport students to or from school or a
28 school related activity, regardless of the time of day or
29 time of year at which that the offense was committed,
30 commits a Class 1 felony for which the sentence shall be
31 a term of imprisonment of no less than 5 years and no
32 more than 15 years.
33 (5) Any person convicted of unlawful sale of
34 firearms in violation of paragraph (a) or (i) of
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1 subsection (A) in residential property owned, operated,
2 or managed by a public housing agency or leased by a
3 public housing agency as part of a scattered site or
4 mixed-income development, in a public park, in a
5 courthouse, on residential property owned, operated, or
6 managed by a public housing agency or leased by a public
7 housing agency as part of a scattered site or
8 mixed-income development, on the real property comprising
9 any public park, on the real property comprising any
10 courthouse, or on any public way within 1,000 feet of the
11 real property comprising any public park, courthouse, or
12 residential property owned, operated, or managed by a
13 public housing agency or leased by a public housing
14 agency as part of a scattered site or mixed-income
15 development commits a Class 2 felony.
16 (D) (6) For purposes of this Section:
17 "School" means a public or private elementary or
18 secondary school, community college, college, or university.
19 "School related activity" means any sporting, social,
20 academic, or other activity for which students' attendance or
21 participation is sponsored, organized, or funded in whole or
22 in part by a school or school district.
23 (Source: P.A. 91-12, eff. 1-1-00; 91-673, eff. 12-22-99;
24 revised 1-7-00.)
25 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
26 Sec. 24-3.1. Unlawful possession of firearms and firearm
27 ammunition.
28 (a) A person commits the offense of unlawful possession
29 of firearms or firearm ammunition when:
30 (1) He is under 18 years of age and has in his
31 possession any firearm of a size which may be concealed
32 upon the person; or
33 (2) He is under 21 years of age, has been convicted
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1 of a misdemeanor other than a traffic offense or adjudged
2 delinquent and has any firearms or firearm ammunition in
3 his possession; or
4 (3) He is a narcotic addict and has any firearms or
5 firearm ammunition in his possession; or
6 (4) He has been a patient in a mental hospital
7 within the past 5 years and has any firearms or firearm
8 ammunition in his possession; or
9 (5) He is mentally retarded and has any firearms or
10 firearm ammunition in his possession; or
11 (6) He has in his possession any explosive bullet.
12 For purposes of this paragraph "explosive bullet" means
13 the projectile portion of an ammunition cartridge which
14 contains or carries an explosive charge which will explode
15 upon contact with the flesh of a human or an animal.
16 "Cartridge" means a tubular metal case having a projectile
17 affixed at the front thereof and a cap or primer at the rear
18 end thereof, with the propellant contained in such tube
19 between the projectile and the cap; or
20 (b) Sentence.
21 Unlawful possession of firearms, other than handguns, and
22 firearm ammunition is a Class A misdemeanor. Unlawful
23 possession of handguns is a Class 4 felony.
24 (Source: P.A. 88-680, eff. 1-1-95.)
25 (720 ILCS 5/33A-1) (from Ch. 38, par. 33A-1)
26 Sec. 33A-1. Legislative intent and definitions.
27 (a) Legislative findings. The legislature finds and
28 declares the following:
29 (1) The use of a dangerous weapon in the commission
30 of a felony offense poses a much greater threat to the
31 public health, safety, and general welfare, than when a
32 weapon is not used in the commission of the offense.
33 (2) Further, the use of a firearm greatly
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1 facilitates the commission of a criminal offense because
2 of the more lethal nature of a firearm and the greater
3 perceived threat produced in those confronted by a person
4 wielding a firearm. Unlike other dangerous weapons such
5 as knives and clubs, the use of a firearm in the
6 commission of a criminal felony offense significantly
7 escalates the threat and the potential for bodily harm,
8 and the greater range of the firearm increases the
9 potential for harm to more persons. Not only are the
10 victims and bystanders at greater risk when a firearm is
11 used, but also the law enforcement officers whose duty
12 is to confront and apprehend the armed suspect.
13 (3) Current law does contain offenses involving the
14 use or discharge of a gun toward or against a person,
15 such as aggravated battery with a firearm, aggravated
16 discharge of a firearm, and reckless discharge of a
17 firearm; however, the General Assembly has legislated
18 greater penalties for the commission of a felony while in
19 possession of a firearm because it deems such acts as
20 more serious.
21 (b) Legislative intent.
22 (1) In order to deter the use of firearms in the
23 commission of a felony offense, the General Assembly
24 deems it appropriate for a greater penalty to be imposed
25 when a firearm is used or discharged in the commission of
26 an offense than the penalty imposed for using other types
27 of weapons and for the penalty to increase on more
28 serious offenses.
29 (2) With the additional elements of the discharge
30 of a firearm and great bodily harm inflicted by a firearm
31 being added to armed violence and other serious felony
32 offenses, it is the intent of the General Assembly to
33 punish those elements more severely during commission of
34 a felony offense than when those elements stand alone as
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1 the act of the offender.
2 (3) It is the intent of the 91st General Assembly
3 that should Public Act 88-680 be declared
4 unconstitutional for a violation of Article 4, Section 8
5 of the 1970 Constitution of the State of Illinois, the
6 amendatory changes made by Public Act 88-680 to Article
7 33A of the Criminal Code of 1961 and which are set forth
8 as law in this amendatory Act of the 91st General
9 Assembly are hereby reenacted by this amendatory Act of
10 the 91st General Assembly.
11 (c) Definitions.
12 (1) "Armed with a dangerous weapon". A person is
13 considered armed with a dangerous weapon for purposes of
14 this Article, when he or she carries on or about his or
15 her person or is otherwise armed with a Category I,
16 Category II, or Category III weapon.
17 (2) A Category I weapon is a handgun, sawed-off
18 shotgun, sawed-off rifle, any other firearm small enough
19 to be concealed upon the person, semiautomatic firearm,
20 or machine gun. A Category II weapon is any other rifle,
21 shotgun, spring gun, other firearm, stun gun or taser as
22 defined in paragraph (a) of Section 24-1 of this Code,
23 knife with a blade of at least 3 inches in length,
24 dagger, dirk, switchblade knife, stiletto, axe, hatchet,
25 or other deadly or dangerous weapon or instrument of like
26 character. As used in this subsection (b) "semiautomatic
27 firearm" means a repeating firearm that utilizes a
28 portion of the energy of a firing cartridge to extract
29 the fired cartridge case and chamber the next round and
30 that requires a separate pull of the trigger to fire each
31 cartridge.
32 (3) A Category III weapon is a bludgeon,
33 black-jack, slungshot, sand-bag, sand-club, metal
34 knuckles, billy, or other dangerous weapon of like
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1 character.
2 (Source: P.A. 91-404, eff. 1-1-00.)
3 (720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
4 Sec. 33A-3. Sentence.
5 (a) Violation of Section 33A-2(a) with a Category I
6 weapon is a Class X felony for which the defendant shall be
7 sentenced to a minimum term of imprisonment of 15 years.
8 (a-5) Violation of Section 33A-2(a) with a Category II
9 weapon is a Class X felony for which the defendant shall be
10 sentenced to a minimum term of imprisonment of 10 years.
11 (b) Violation of Section 33A-2(a) with a Category III
12 weapon is a Class 2 felony or the felony classification
13 provided for the same act while unarmed, whichever permits
14 the greater penalty. A second or subsequent violation of
15 Section 33A-2(a) with a Category III weapon is a Class 1
16 felony or the felony classification provided for the same act
17 while unarmed, whichever permits the greater penalty.
18 (b-5) Violation of Section 33A-2(b) with a firearm that
19 is a Category I or Category II weapon is a Class X felony for
20 which the defendant shall be sentenced to a minimum term of
21 imprisonment of 20 years.
22 (b-10) Violation of Section 33A-2(c) with a firearm that
23 is a Category I or Category II weapon is a Class X felony for
24 which the defendant shall be sentenced to a term of
25 imprisonment of not less than 25 years nor more than 40
26 years.
27 (c) Unless sentencing under Section 33B-1 is applicable,
28 any person who violates subsection (a) or (b) of Section
29 33A-2 with a firearm, when that person has been convicted in
30 any state or federal court of 3 or more of the following
31 offenses: treason, first degree murder, second degree murder,
32 predatory criminal sexual assault of a child, aggravated
33 criminal sexual assault, criminal sexual assault, robbery,
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1 burglary, arson, kidnaping, aggravated battery resulting in
2 great bodily harm or permanent disability or disfigurement,
3 or a violation of Section 401(a) of the Illinois Controlled
4 Substances Act, when the third offense was committed after
5 conviction on the second, the second offense was committed
6 after conviction on the first, and the violation of Section
7 33A-2 was committed after conviction on the third, shall be
8 sentenced to a term of imprisonment of not less than 25 years
9 nor more than 50 years.
10 (c-5) Except as otherwise provided in paragraph (b-10)
11 or (c) of this Section, a person who violates Section
12 33A-2(a) with a firearm that is a Category I weapon or
13 Section 33A-2(b) in any school, in any conveyance owned,
14 leased, or contracted by a school to transport students to or
15 from school or a school related activity, or on the real
16 property comprising any school or public park, and where the
17 offense was related to the activities of an organized gang,
18 shall be sentenced to a term of imprisonment of not less than
19 the term set forth in subsection (a) or (b-5) of this
20 Section, whichever is applicable, and not more than 30 years.
21 For the purposes of this subsection (c-5), "organized gang"
22 has the meaning ascribed to it in Section 10 of the Illinois
23 Streetgang Terrorism Omnibus Prevention Act.
24 (d) For armed violence based upon a predicate offense
25 listed in this subsection (d) the court shall enter the
26 sentence for armed violence to run consecutively to the
27 sentence imposed for the predicate offense. The offenses
28 covered by this provision are:
29 (i) solicitation of murder,
30 (ii) solicitation of murder for hire,
31 (iii) heinous battery,
32 (iv) aggravated battery of a senior citizen,
33 (v) criminal sexual assault,
34 (vi) a violation of subsection (g) of Section 5 of
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1 the Cannabis Control Act,
2 (vii) cannabis trafficking,
3 (viii) a violation of subsection (a) of Section 401
4 of the Illinois Controlled Substances Act,
5 (ix) controlled substance trafficking involving a
6 Class X felony amount of controlled substance under
7 Section 401 of the Illinois Controlled Substances Act,
8 (x) calculated criminal drug conspiracy, or
9 (xi) streetgang criminal drug conspiracy.
10 (Source: P.A. 91-404, eff. 1-1-00.)
11 (720 ILCS 5/33F-1) (from Ch. 38, par. 33F-1)
12 Sec. 33F-1. Definitions. For purposes of this Article:
13 (a) "Body Armor" means any one of the following:
14 (1) A military style flak or tactical assault vest
15 which is made of Kevlar or any other similar material or
16 metal, fiberglass, plastic, and nylon plates and designed
17 to be worn over one's clothing for the intended purpose
18 of stopping not only missile fragmentation from mines,
19 grenades, mortar shells and artillery fire but also fire
20 from rifles, machine guns, and small arms.
21 (2) Soft body armor which is made of Kevlar or any
22 other similar material or metal or any other type of
23 insert and which is lightweight and pliable and which can
24 be easily concealed under a shirt.
25 (3) A military style recon/surveillance vest which
26 is made of Kevlar or any other similar material and which
27 is lightweight and designed to be worn over one's
28 clothing.
29 (4) Protective casual clothing which is made of
30 Kevlar or any other similar material and which was
31 originally intended to be used by undercover law
32 enforcement officers or dignitaries and is designed to
33 look like jackets, coats, raincoats, quilted or three
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1 piece suit vests.
2 (b) "Dangerous weapon" means a Category I, Category II,
3 or Category III weapon as defined in Section 33A-1 of this
4 Code.
5 (Source: P.A. 87-521; 88-680, eff. 1-1-95.)
6 Section 50-6. The Criminal Identification Act is amended
7 by changing Section 5 as follows:
8 (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
9 Sec. 5. Arrest reports; expungement.
10 (a) All policing bodies of this State shall furnish to
11 the Department, daily, in the form and detail the Department
12 requires, fingerprints and descriptions of all persons who
13 are arrested on charges of violating any penal statute of
14 this State for offenses that are classified as felonies and
15 Class A or B misdemeanors and of all minors of the age of 10
16 and over who have been arrested for an offense which would be
17 a felony if committed by an adult, and may forward such
18 fingerprints and descriptions for minors arrested for Class A
19 or B misdemeanors. Moving or nonmoving traffic violations
20 under the Illinois Vehicle Code shall not be reported except
21 for violations of Chapter 4, Section 11-204.1, or Section
22 11-501 of that Code. In addition, conservation offenses, as
23 defined in the Supreme Court Rule 501(c), that are classified
24 as Class B misdemeanors shall not be reported.
25 Whenever an adult or minor prosecuted as an adult, not
26 having previously been convicted of any criminal offense or
27 municipal ordinance violation, charged with a violation of a
28 municipal ordinance or a felony or misdemeanor, is acquitted
29 or released without being convicted, whether the acquittal or
30 release occurred before, on, or after the effective date of
31 this amendatory Act of 1991, the Chief Judge of the circuit
32 wherein the charge was brought, any judge of that circuit
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1 designated by the Chief Judge, or in counties of less than
2 3,000,000 inhabitants, the presiding trial judge at the
3 defendant's trial may upon verified petition of the defendant
4 order the record of arrest expunged from the official records
5 of the arresting authority and the Department and order that
6 the records of the clerk of the circuit court be sealed until
7 further order of the court upon good cause shown and the name
8 of the defendant obliterated on the official index required
9 to be kept by the circuit court clerk under Section 16 of the
10 Clerks of Courts Act, but the order shall not affect any
11 index issued by the circuit court clerk before the entry of
12 the order. The Department may charge the petitioner a fee
13 equivalent to the cost of processing any order to expunge or
14 seal the records, and the fee shall be deposited into the
15 State Police Services Fund. The records of those arrests,
16 however, that result in a disposition of supervision for any
17 offense shall not be expunged from the records of the
18 arresting authority or the Department nor impounded by the
19 court until 2 years after discharge and dismissal of
20 supervision. Those records that result from a supervision
21 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
22 11-503 of the Illinois Vehicle Code or a similar provision of
23 a local ordinance, or for a violation of Section 12-3.2,
24 12-15 or 16A-3 of the Criminal Code of 1961, or probation
25 under Section 10 of the Cannabis Control Act, Section 410 of
26 the Illinois Controlled Substances Act, Section 12-4.3(b)(1)
27 and (2) of the Criminal Code of 1961 (as those provisions
28 existed before their deletion by Public Act 89-313), Section
29 10-102 of the Illinois Alcoholism and Other Drug Dependency
30 Act when the judgment of conviction has been vacated, Section
31 40-10 of the Alcoholism and Other Drug Abuse and Dependency
32 Act when the judgment of conviction has been vacated, or
33 Section 10 of the Steroid Control Act shall not be expunged
34 from the records of the arresting authority nor impounded by
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1 the court until 5 years after termination of probation or
2 supervision. Those records that result from a supervision
3 for a violation of Section 11-501 of the Illinois Vehicle
4 Code or a similar provision of a local ordinance, shall not
5 be expunged. All records set out above may be ordered by the
6 court to be expunged from the records of the arresting
7 authority and impounded by the court after 5 years, but shall
8 not be expunged by the Department, but shall, on court order
9 be sealed by the Department and may be disseminated by the
10 Department only as required by law or to the arresting
11 authority, the State's Attorney, and the court upon a later
12 arrest for the same or a similar offense or for the purpose
13 of sentencing for any subsequent felony. Upon conviction for
14 any offense, the Department of Corrections shall have access
15 to all sealed records of the Department pertaining to that
16 individual.
17 (a-5) Those records maintained by the Department for
18 persons arrested prior to their 17th birthday shall be
19 expunged as provided in Section 5-915 of the Juvenile Court
20 Act of 1987.
21 (b) Whenever a person has been convicted of a crime or
22 of the violation of a municipal ordinance, in the name of a
23 person whose identity he has stolen or otherwise come into
24 possession of, the aggrieved person from whom the identity
25 was stolen or otherwise obtained without authorization, upon
26 learning of the person having been arrested using his
27 identity, may, upon verified petition to the chief judge of
28 the circuit wherein the arrest was made, have a court order
29 entered nunc pro tunc by the chief judge to correct the
30 arrest record, conviction record, if any, and all official
31 records of the arresting authority, the Department, other
32 criminal justice agencies, the prosecutor, and the trial
33 court concerning such arrest, if any, by removing his name
34 from all such records in connection with the arrest and
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1 conviction, if any, and by inserting in the records the name
2 of the offender, if known or ascertainable, in lieu of the
3 has name. The records of the clerk of the circuit court
4 clerk shall be sealed until further order of the court upon
5 good cause shown and the name of the aggrieved person
6 obliterated on the official index required to be kept by the
7 circuit court clerk under Section 16 of the Clerks of Courts
8 Act, but the order shall not affect any index issued by the
9 circuit court clerk before the entry of the order. Nothing in
10 this Section shall limit the Department of State Police or
11 other criminal justice agencies or prosecutors from listing
12 under an offender's name the false names he or she has used.
13 For purposes of this Section, convictions for moving and
14 nonmoving traffic violations other than convictions for
15 violations of Chapter 4, Section 11-204.1 or Section 11-501
16 of the Illinois Vehicle Code shall not be a bar to expunging
17 the record of arrest and court records for violation of a
18 misdemeanor or municipal ordinance.
19 (c) Whenever a person who has been convicted of an
20 offense is granted a pardon by the Governor which
21 specifically authorizes expungement, he may, upon verified
22 petition to the chief judge of the circuit where the person
23 had been convicted, any judge of the circuit designated by
24 the Chief Judge, or in counties of less than 3,000,000
25 inhabitants, the presiding trial judge at the defendant's
26 trial, may have a court order entered expunging the record of
27 arrest from the official records of the arresting authority
28 and order that the records of the clerk of the circuit court
29 and the Department be sealed until further order of the court
30 upon good cause shown or as otherwise provided herein, and
31 the name of the defendant obliterated from the official index
32 requested to be kept by the circuit court clerk under Section
33 16 of the Clerks of Courts Act in connection with the arrest
34 and conviction for the offense for which he had been pardoned
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1 but the order shall not affect any index issued by the
2 circuit court clerk before the entry of the order. All
3 records sealed by the Department may be disseminated by the
4 Department only as required by law or to the arresting
5 authority, the State's Attorney, and the court upon a later
6 arrest for the same or similar offense or for the purpose of
7 sentencing for any subsequent felony. Upon conviction for
8 any subsequent offense, the Department of Corrections shall
9 have access to all sealed records of the Department
10 pertaining to that individual. Upon entry of the order of
11 expungement, the clerk of the circuit court shall promptly
12 mail a copy of the order to the person who was pardoned.
13 (c-5) Whenever a person has been convicted of criminal
14 sexual assault, aggravated criminal sexual assault, predatory
15 criminal sexual assault of a child, criminal sexual abuse, or
16 aggravated criminal sexual abuse, the victim of that offense
17 may request that the State's Attorney of the county in which
18 the conviction occurred file a verified petition with the
19 presiding trial judge at the defendant's trial to have a
20 court order entered to seal the records of the clerk of the
21 circuit court in connection with the proceedings of the trial
22 court concerning that offense. However, the records of the
23 arresting authority and the Department of State Police
24 concerning the offense shall not be sealed. The court, upon
25 good cause shown, shall make the records of the clerk of the
26 circuit court in connection with the proceedings of the trial
27 court concerning the offense available for public inspection.
28 (d) Notice of the petition for subsections (a), (b), and
29 (c) shall be served upon the State's Attorney or prosecutor
30 charged with the duty of prosecuting the offense, the
31 Department of State Police, the arresting agency and the
32 chief legal officer of the unit of local government affecting
33 the arrest. Unless the State's Attorney or prosecutor, the
34 Department of State Police, the arresting agency or such
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1 chief legal officer objects to the petition within 30 days
2 from the date of the notice, the court shall enter an order
3 granting or denying the petition. The clerk of the court
4 shall promptly mail a copy of the order to the person, the
5 arresting agency, the prosecutor, the Department of State
6 Police and such other criminal justice agencies as may be
7 ordered by the judge.
8 (e) Nothing herein shall prevent the Department of State
9 Police from maintaining all records of any person who is
10 admitted to probation upon terms and conditions and who
11 fulfills those terms and conditions pursuant to Section 10 of
12 the Cannabis Control Act, Section 410 of the Illinois
13 Controlled Substances Act, Section 12-4.3 of the Criminal
14 Code of 1961, Section 10-102 of the Illinois Alcoholism and
15 Other Drug Dependency Act, Section 40-10 of the Alcoholism
16 and Other Drug Abuse and Dependency Act, or Section 10 of the
17 Steroid Control Act.
18 (f) No court order issued pursuant to the expungement
19 provisions of this Section shall become final for purposes of
20 appeal until 30 days after notice is received by the
21 Department. Any court order contrary to the provisions of
22 this Section is void.
23 (g) Except as otherwise provided in subsection (c-5) of
24 this Section, the court shall not order the sealing or
25 expungement of the arrest records and records of the circuit
26 court clerk of any person granted supervision for or
27 convicted of any sexual offense committed against a minor
28 under 18 years of age. For the purposes of this Section,
29 "sexual offense committed against a minor" includes but is
30 not limited to the offenses of indecent solicitation of a
31 child or criminal sexual abuse when the victim of such
32 offense is under 18 years of age.
33 (h) Notwithstanding any other provision of this Section,
34 one year after a discharge and dismissal under subsection
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1 (b-5) of Section 24-1 of the Criminal Code of 1961, the court
2 shall upon verified petition of the defendant order the
3 record of arrest expunged from the official records of the
4 arresting authority and sealed by the Department and order
5 that the records of the clerk of the circuit court be sealed
6 until further order of the court upon good cause shown and
7 the name of the defendant obliterated on the official
8 index required to be kept by the circuit court clerk under
9 Section 16 of the Clerks of Courts Act, unless the State's
10 Attorney files an objection. If the State's Attorney files
11 an objection, the court shall set a hearing and notify all
12 parties. After the hearing, the court shall determine
13 whether good cause exists for the expungement and enter an
14 order in accordance with its findings. The order shall not
15 affect any index issued by the circuit court clerk before the
16 entry of the order. The Department may charge the
17 petitioner a fee equivalent to the cost of processing
18 any order, and the fee shall be deposited into the State
19 Police Services Fund. All records sealed by the Department
20 may be disseminated by the Department only as required by law
21 or to the arresting authority, the State's Attorney, and the
22 court upon a later arrest for the same or a similar offense
23 or for the purpose of sentencing for any subsequent
24 felony. Upon conviction for any offense, the Department of
25 Corrections shall have access to all sealed records of the
26 Department pertaining to that individual.
27 (Source: P.A. 90-590, eff. 1-1-00; 91-295, eff. 1-1-00;
28 91-357, eff. 7-29-99.)
29 Section 50-10. The Wrongs to Children Act is amended by
30 re-enacting Section 5.1 as follows:
31 (720 ILCS 150/5.1) (from Ch. 23, par. 2355.1)
32 Sec. 5.1. A. A parent, step-parent, legal guardian, or
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1 other person having custody of a child who knowingly allows
2 or permits an act of criminal sexual abuse or criminal sexual
3 assault as defined in Section 12-13, 12-14, 12-14.1, 12-15 or
4 12-16 of the Criminal Code of 1961, upon his or her child, or
5 knowingly permits, induces, promotes, or arranges for the
6 child to engage in prostitution as defined in Section 11-14
7 of the Criminal Code of 1961, and fails to take reasonable
8 steps to prevent its commission or future occurrences of such
9 acts commits the offense of permitting the sexual abuse of a
10 child. For purposes of this Section, "child" means a minor
11 under the age of 17 years.
12 B. Any person convicted of permitting the sexual abuse
13 of a child is guilty of a Class 1 felony.
14 (Source: P.A. 88-680, eff. 1-1-95; 89-428, eff. 12-13-95;
15 89-462, eff. 5-29-96.)
16 Section 50-15. The Unified Code of Corrections is
17 amended by re-enacting Section 5-5-3 as follows:
18 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
19 Sec. 5-5-3. Disposition.
20 (a) Every person convicted of an offense shall be
21 sentenced as provided in this Section.
22 (b) The following options shall be appropriate
23 dispositions, alone or in combination, for all felonies and
24 misdemeanors other than those identified in subsection (c) of
25 this Section:
26 (1) A period of probation.
27 (2) A term of periodic imprisonment.
28 (3) A term of conditional discharge.
29 (4) A term of imprisonment.
30 (5) An order directing the offender to clean up and
31 repair the damage, if the offender was convicted under
32 paragraph (h) of Section 21-1 of the Criminal Code of
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1 1961.
2 (6) A fine.
3 (7) An order directing the offender to make
4 restitution to the victim under Section 5-5-6 of this
5 Code.
6 (8) A sentence of participation in a county impact
7 incarceration program under Section 5-8-1.2 of this Code.
8 Whenever an individual is sentenced for an offense based
9 upon an arrest for a violation of Section 11-501 of the
10 Illinois Vehicle Code, or a similar provision of a local
11 ordinance, and the professional evaluation recommends
12 remedial or rehabilitative treatment or education, neither
13 the treatment nor the education shall be the sole disposition
14 and either or both may be imposed only in conjunction with
15 another disposition. The court shall monitor compliance with
16 any remedial education or treatment recommendations contained
17 in the professional evaluation. Programs conducting alcohol
18 or other drug evaluation or remedial education must be
19 licensed by the Department of Human Services. However, if
20 the individual is not a resident of Illinois, the court may
21 accept an alcohol or other drug evaluation or remedial
22 education program in the state of such individual's
23 residence. Programs providing treatment must be licensed
24 under existing applicable alcoholism and drug treatment
25 licensure standards.
26 In addition to any other fine or penalty required by law,
27 any individual convicted of a violation of Section 11-501 of
28 the Illinois Vehicle Code or a similar provision of local
29 ordinance, whose operation of a motor vehicle while in
30 violation of Section 11-501 or such ordinance proximately
31 caused an incident resulting in an appropriate emergency
32 response, shall be required to make restitution to a public
33 agency for the costs of that emergency response. Such
34 restitution shall not exceed $500 per public agency for each
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1 such emergency response. For the purpose of this paragraph,
2 emergency response shall mean any incident requiring a
3 response by: a police officer as defined under Section 1-162
4 of the Illinois Vehicle Code; a fireman carried on the rolls
5 of a regularly constituted fire department; and an ambulance
6 as defined under Section 4.05 of the Emergency Medical
7 Services (EMS) Systems Act.
8 Neither a fine nor restitution shall be the sole
9 disposition for a felony and either or both may be imposed
10 only in conjunction with another disposition.
11 (c) (1) When a defendant is found guilty of first degree
12 murder the State may either seek a sentence of
13 imprisonment under Section 5-8-1 of this Code, or where
14 appropriate seek a sentence of death under Section 9-1 of
15 the Criminal Code of 1961.
16 (2) A period of probation, a term of periodic
17 imprisonment or conditional discharge shall not be
18 imposed for the following offenses. The court shall
19 sentence the offender to not less than the minimum term
20 of imprisonment set forth in this Code for the following
21 offenses, and may order a fine or restitution or both in
22 conjunction with such term of imprisonment:
23 (A) First degree murder where the death
24 penalty is not imposed.
25 (B) Attempted first degree murder.
26 (C) A Class X felony.
27 (D) A violation of Section 401.1 or 407 of the
28 Illinois Controlled Substances Act, or a violation
29 of subdivision (c)(2) of Section 401 of that Act
30 which relates to more than 5 grams of a substance
31 containing cocaine or an analog thereof.
32 (E) A violation of Section 5.1 or 9 of the
33 Cannabis Control Act.
34 (F) A Class 2 or greater felony if the
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1 offender had been convicted of a Class 2 or greater
2 felony within 10 years of the date on which the
3 offender committed the offense for which he or she
4 is being sentenced, except as otherwise provided in
5 Section 40-10 of the Alcoholism and Other Drug Abuse
6 and Dependency Act.
7 (G) Residential burglary, except as otherwise
8 provided in Section 40-10 of the Alcoholism and
9 Other Drug Abuse and Dependency Act.
10 (H) Criminal sexual assault, except as
11 otherwise provided in subsection (e) of this
12 Section.
13 (I) Aggravated battery of a senior citizen.
14 (J) A forcible felony if the offense was
15 related to the activities of an organized gang.
16 Before July 1, 1994, for the purposes of this
17 paragraph, "organized gang" means an association of
18 5 or more persons, with an established hierarchy,
19 that encourages members of the association to
20 perpetrate crimes or provides support to the members
21 of the association who do commit crimes.
22 Beginning July 1, 1994, for the purposes of
23 this paragraph, "organized gang" has the meaning
24 ascribed to it in Section 10 of the Illinois
25 Streetgang Terrorism Omnibus Prevention Act.
26 (K) Vehicular hijacking.
27 (L) A second or subsequent conviction for the
28 offense of hate crime when the underlying offense
29 upon which the hate crime is based is felony
30 aggravated assault or felony mob action.
31 (M) A second or subsequent conviction for the
32 offense of institutional vandalism if the damage to
33 the property exceeds $300.
34 (N) A Class 3 felony violation of paragraph
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1 (1) of subsection (a) of Section 2 of the Firearm
2 Owners Identification Card Act.
3 (O) A violation of Section 12-6.1 of the
4 Criminal Code of 1961.
5 (P) A violation of paragraph (1), (2), (3),
6 (4), (5), or (7) of subsection (a) of Section
7 11-20.1 of the Criminal Code of 1961.
8 (Q) A violation of Section 20-1.2 of the
9 Criminal Code of 1961.
10 (R) A violation of Section 24-3A of the
11 Criminal Code of 1961.
12 (3) A minimum term of imprisonment of not less than
13 48 consecutive hours or 100 hours of community service as
14 may be determined by the court shall be imposed for a
15 second or subsequent violation committed within 5 years
16 of a previous violation of Section 11-501 of the Illinois
17 Vehicle Code or a similar provision of a local ordinance.
18 (4) A minimum term of imprisonment of not less than
19 7 consecutive days or 30 days of community service shall
20 be imposed for a violation of paragraph (c) of Section
21 6-303 of the Illinois Vehicle Code.
22 (4.1) A minimum term of 30 consecutive days of
23 imprisonment, 40 days of 24 hour periodic imprisonment or
24 720 hours of community service, as may be determined by
25 the court, shall be imposed for a violation of Section
26 11-501 of the Illinois Vehicle Code during a period in
27 which the defendant's driving privileges are revoked or
28 suspended, where the revocation or suspension was for a
29 violation of Section 11-501 or Section 11-501.1 of that
30 Code.
31 (5) The court may sentence an offender convicted of
32 a business offense or a petty offense or a corporation or
33 unincorporated association convicted of any offense to:
34 (A) a period of conditional discharge;
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1 (B) a fine;
2 (C) make restitution to the victim under
3 Section 5-5-6 of this Code.
4 (6) In no case shall an offender be eligible for a
5 disposition of probation or conditional discharge for a
6 Class 1 felony committed while he was serving a term of
7 probation or conditional discharge for a felony.
8 (7) When a defendant is adjudged a habitual
9 criminal under Article 33B of the Criminal Code of 1961,
10 the court shall sentence the defendant to a term of
11 natural life imprisonment.
12 (8) When a defendant, over the age of 21 years, is
13 convicted of a Class 1 or Class 2 felony, after having
14 twice been convicted of any Class 2 or greater Class
15 felonies in Illinois, and such charges are separately
16 brought and tried and arise out of different series of
17 acts, such defendant shall be sentenced as a Class X
18 offender. This paragraph shall not apply unless (1) the
19 first felony was committed after the effective date of
20 this amendatory Act of 1977; and (2) the second felony
21 was committed after conviction on the first; and (3) the
22 third felony was committed after conviction on the
23 second.
24 (9) A defendant convicted of a second or subsequent
25 offense of ritualized abuse of a child may be sentenced
26 to a term of natural life imprisonment.
27 (d) In any case in which a sentence originally imposed
28 is vacated, the case shall be remanded to the trial court.
29 The trial court shall hold a hearing under Section 5-4-1 of
30 the Unified Code of Corrections which may include evidence of
31 the defendant's life, moral character and occupation during
32 the time since the original sentence was passed. The trial
33 court shall then impose sentence upon the defendant. The
34 trial court may impose any sentence which could have been
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1 imposed at the original trial subject to Section 5-5-4 of the
2 Unified Code of Corrections.
3 (e) In cases where prosecution for criminal sexual
4 assault or aggravated criminal sexual abuse under Section
5 12-13 or 12-16 of the Criminal Code of 1961 results in
6 conviction of a defendant who was a family member of the
7 victim at the time of the commission of the offense, the
8 court shall consider the safety and welfare of the victim and
9 may impose a sentence of probation only where:
10 (1) the court finds (A) or (B) or both are
11 appropriate:
12 (A) the defendant is willing to undergo a
13 court approved counseling program for a minimum
14 duration of 2 years; or
15 (B) the defendant is willing to participate in
16 a court approved plan including but not limited to
17 the defendant's:
18 (i) removal from the household;
19 (ii) restricted contact with the victim;
20 (iii) continued financial support of the
21 family;
22 (iv) restitution for harm done to the
23 victim; and
24 (v) compliance with any other measures
25 that the court may deem appropriate; and
26 (2) the court orders the defendant to pay for the
27 victim's counseling services, to the extent that the
28 court finds, after considering the defendant's income and
29 assets, that the defendant is financially capable of
30 paying for such services, if the victim was under 18
31 years of age at the time the offense was committed and
32 requires counseling as a result of the offense.
33 Probation may be revoked or modified pursuant to Section
34 5-6-4; except where the court determines at the hearing that
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1 the defendant violated a condition of his or her probation
2 restricting contact with the victim or other family members
3 or commits another offense with the victim or other family
4 members, the court shall revoke the defendant's probation and
5 impose a term of imprisonment.
6 For the purposes of this Section, "family member" and
7 "victim" shall have the meanings ascribed to them in Section
8 12-12 of the Criminal Code of 1961.
9 (f) This Article shall not deprive a court in other
10 proceedings to order a forfeiture of property, to suspend or
11 cancel a license, to remove a person from office, or to
12 impose any other civil penalty.
13 (g) Whenever a defendant is convicted of an offense
14 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
15 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
16 12-15 or 12-16 of the Criminal Code of 1961, the defendant
17 shall undergo medical testing to determine whether the
18 defendant has any sexually transmissible disease, including a
19 test for infection with human immunodeficiency virus (HIV) or
20 any other identified causative agent of acquired
21 immunodeficiency syndrome (AIDS). Any such medical test
22 shall be performed only by appropriately licensed medical
23 practitioners and may include an analysis of any bodily
24 fluids as well as an examination of the defendant's person.
25 Except as otherwise provided by law, the results of such test
26 shall be kept strictly confidential by all medical personnel
27 involved in the testing and must be personally delivered in a
28 sealed envelope to the judge of the court in which the
29 conviction was entered for the judge's inspection in camera.
30 Acting in accordance with the best interests of the victim
31 and the public, the judge shall have the discretion to
32 determine to whom, if anyone, the results of the testing may
33 be revealed. The court shall notify the defendant of the test
34 results. The court shall also notify the victim if requested
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1 by the victim, and if the victim is under the age of 15 and
2 if requested by the victim's parents or legal guardian, the
3 court shall notify the victim's parents or legal guardian of
4 the test results. The court shall provide information on the
5 availability of HIV testing and counseling at Department of
6 Public Health facilities to all parties to whom the results
7 of the testing are revealed and shall direct the State's
8 Attorney to provide the information to the victim when
9 possible. A State's Attorney may petition the court to obtain
10 the results of any HIV test administered under this Section,
11 and the court shall grant the disclosure if the State's
12 Attorney shows it is relevant in order to prosecute a charge
13 of criminal transmission of HIV under Section 12-16.2 of the
14 Criminal Code of 1961 against the defendant. The court shall
15 order that the cost of any such test shall be paid by the
16 county and may be taxed as costs against the convicted
17 defendant.
18 (g-5) When an inmate is tested for an airborne
19 communicable disease, as determined by the Illinois
20 Department of Public Health including but not limited to
21 tuberculosis, the results of the test shall be personally
22 delivered by the warden or his or her designee in a sealed
23 envelope to the judge of the court in which the inmate must
24 appear for the judge's inspection in camera if requested by
25 the judge. Acting in accordance with the best interests of
26 those in the courtroom, the judge shall have the discretion
27 to determine what if any precautions need to be taken to
28 prevent transmission of the disease in the courtroom.
29 (h) Whenever a defendant is convicted of an offense
30 under Section 1 or 2 of the Hypodermic Syringes and Needles
31 Act, the defendant shall undergo medical testing to determine
32 whether the defendant has been exposed to human
33 immunodeficiency virus (HIV) or any other identified
34 causative agent of acquired immunodeficiency syndrome (AIDS).
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1 Except as otherwise provided by law, the results of such test
2 shall be kept strictly confidential by all medical personnel
3 involved in the testing and must be personally delivered in a
4 sealed envelope to the judge of the court in which the
5 conviction was entered for the judge's inspection in camera.
6 Acting in accordance with the best interests of the public,
7 the judge shall have the discretion to determine to whom, if
8 anyone, the results of the testing may be revealed. The court
9 shall notify the defendant of a positive test showing an
10 infection with the human immunodeficiency virus (HIV). The
11 court shall provide information on the availability of HIV
12 testing and counseling at Department of Public Health
13 facilities to all parties to whom the results of the testing
14 are revealed and shall direct the State's Attorney to provide
15 the information to the victim when possible. A State's
16 Attorney may petition the court to obtain the results of any
17 HIV test administered under this Section, and the court
18 shall grant the disclosure if the State's Attorney shows it
19 is relevant in order to prosecute a charge of criminal
20 transmission of HIV under Section 12-16.2 of the Criminal
21 Code of 1961 against the defendant. The court shall order
22 that the cost of any such test shall be paid by the county
23 and may be taxed as costs against the convicted defendant.
24 (i) All fines and penalties imposed under this Section
25 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
26 Vehicle Code, or a similar provision of a local ordinance,
27 and any violation of the Child Passenger Protection Act, or a
28 similar provision of a local ordinance, shall be collected
29 and disbursed by the circuit clerk as provided under Section
30 27.5 of the Clerks of Courts Act.
31 (j) In cases when prosecution for any violation of
32 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
33 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
34 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
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1 12-16 of the Criminal Code of 1961, any violation of the
2 Illinois Controlled Substances Act, or any violation of the
3 Cannabis Control Act results in conviction, a disposition of
4 court supervision, or an order of probation granted under
5 Section 10 of the Cannabis Control Act or Section 410 of the
6 Illinois Controlled Substance Act of a defendant, the court
7 shall determine whether the defendant is employed by a
8 facility or center as defined under the Child Care Act of
9 1969, a public or private elementary or secondary school, or
10 otherwise works with children under 18 years of age on a
11 daily basis. When a defendant is so employed, the court
12 shall order the Clerk of the Court to send a copy of the
13 judgment of conviction or order of supervision or probation
14 to the defendant's employer by certified mail. If the
15 employer of the defendant is a school, the Clerk of the Court
16 shall direct the mailing of a copy of the judgment of
17 conviction or order of supervision or probation to the
18 appropriate regional superintendent of schools. The regional
19 superintendent of schools shall notify the State Board of
20 Education of any notification under this subsection.
21 (j-5) A defendant at least 17 years of age who is
22 convicted of a felony and who has not been previously
23 convicted of a misdemeanor or felony and who is sentenced to
24 a term of imprisonment in the Illinois Department of
25 Corrections shall as a condition of his or her sentence be
26 required by the court to attend educational courses designed
27 to prepare the defendant for a high school diploma and to
28 work toward a high school diploma or to work toward passing
29 the high school level Test of General Educational Development
30 (GED) or to work toward completing a vocational training
31 program offered by the Department of Corrections. If a
32 defendant fails to complete the educational training required
33 by his or her sentence during the term of incarceration, the
34 Prisoner Review Board shall, as a condition of mandatory
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1 supervised release, require the defendant, at his or her own
2 expense, to pursue a course of study toward a high school
3 diploma or passage of the GED test. The Prisoner Review
4 Board shall revoke the mandatory supervised release of a
5 defendant who wilfully fails to comply with this subsection
6 (j-5) upon his or her release from confinement in a penal
7 institution while serving a mandatory supervised release
8 term; however, the inability of the defendant after making a
9 good faith effort to obtain financial aid or pay for the
10 educational training shall not be deemed a wilful failure to
11 comply. The Prisoner Review Board shall recommit the
12 defendant whose mandatory supervised release term has been
13 revoked under this subsection (j-5) as provided in Section
14 3-3-9. This subsection (j-5) does not apply to a defendant
15 who has a high school diploma or has successfully passed the
16 GED test. This subsection (j-5) does not apply to a defendant
17 who is determined by the court to be developmentally disabled
18 or otherwise mentally incapable of completing the educational
19 or vocational program.
20 (k) A court may not impose a sentence or disposition for
21 a felony or misdemeanor that requires the defendant to be
22 implanted or injected with or to use any form of birth
23 control.
24 (l) (A) Except as provided in paragraph (C) of
25 subsection (l), whenever a defendant, who is an alien as
26 defined by the Immigration and Nationality Act, is
27 convicted of any felony or misdemeanor offense, the court
28 after sentencing the defendant may, upon motion of the
29 State's Attorney, hold sentence in abeyance and remand
30 the defendant to the custody of the Attorney General of
31 the United States or his or her designated agent to be
32 deported when:
33 (1) a final order of deportation has been
34 issued against the defendant pursuant to proceedings
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1 under the Immigration and Nationality Act, and
2 (2) the deportation of the defendant would not
3 deprecate the seriousness of the defendant's conduct
4 and would not be inconsistent with the ends of
5 justice.
6 Otherwise, the defendant shall be sentenced as
7 provided in this Chapter V.
8 (B) If the defendant has already been sentenced for
9 a felony or misdemeanor offense, or has been placed on
10 probation under Section 10 of the Cannabis Control Act or
11 Section 410 of the Illinois Controlled Substances Act,
12 the court may, upon motion of the State's Attorney to
13 suspend the sentence imposed, commit the defendant to the
14 custody of the Attorney General of the United States or
15 his or her designated agent when:
16 (1) a final order of deportation has been
17 issued against the defendant pursuant to proceedings
18 under the Immigration and Nationality Act, and
19 (2) the deportation of the defendant would not
20 deprecate the seriousness of the defendant's conduct
21 and would not be inconsistent with the ends of
22 justice.
23 (C) This subsection (l) does not apply to offenders
24 who are subject to the provisions of paragraph (2) of
25 subsection (a) of Section 3-6-3.
26 (D) Upon motion of the State's Attorney, if a
27 defendant sentenced under this Section returns to the
28 jurisdiction of the United States, the defendant shall be
29 recommitted to the custody of the county from which he or
30 she was sentenced. Thereafter, the defendant shall be
31 brought before the sentencing court, which may impose any
32 sentence that was available under Section 5-5-3 at the
33 time of initial sentencing. In addition, the defendant
34 shall not be eligible for additional good conduct credit
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1 for meritorious service as provided under Section 3-6-6.
2 (m) A person convicted of criminal defacement of
3 property under Section 21-1.3 of the Criminal Code of 1961,
4 in which the property damage exceeds $300 and the property
5 damaged is a school building, shall be ordered to perform
6 community service that may include cleanup, removal, or
7 painting over the defacement.
8 (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
9 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98;
10 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff.
11 12-22-99; revised 1-5-00.)
12 ARTICLE 900
13 Section 900-1. No acceleration or delay. Where this Act
14 makes changes in a statute that is represented in this Act by
15 text that is not yet or no longer in effect (for example, a
16 Section represented by multiple versions), the use of that
17 text does not accelerate or delay the taking effect of (i)
18 the changes made by this Act or (ii) provisions derived from
19 any other Public Act.
20 ARTICLE 990
21 Section 990-1. Severability. The provisions of this Act
22 are severable under Section 1.31 of the Statute on Statutes.
23 ARTICLE 999
24 Section 999-1. Effective date. This Act takes effect
25 upon becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 720 ILCS 5/12-6 from Ch. 38, par. 12-6
4 720 ILCS 5/32-4 from Ch. 38, par. 32-4
5 720 ILCS 5/32-4a from Ch. 38, par. 32-4a
6 730 ILCS 5/5-5-3.2 from Ch. 38, par. 1005-5-3.2
7 730 ILCS 5/5-6-3 from Ch. 38, par. 1005-6-3
8 730 ILCS 5/5-6-3.1 from Ch. 38, par. 1005-6-3.1
9 625 ILCS 5/6-303 from Ch. 95 1/2, par. 6-303
10 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
11 720 ILCS 550/10 from Ch. 56 1/2, par. 710
12 720 ILCS 570/410 from Ch. 56 1/2, par. 1410
13 720 ILCS 5/24-3A
14 720 ILCS 5/24-5 from Ch. 38, par. 24-5
15 720 ILCS 5/24-6 from Ch. 38, par. 24-6
16 720 ILCS 5/32-10 from Ch. 38, par. 32-10
17 725 ILCS 5/110-10 from Ch. 38, par. 110-10
18 720 ILCS 5/8-4 from Ch. 38, par. 8-4
19 720 ILCS 5/12-4.2 from Ch. 38, par. 12-4.2
20 720 ILCS 5/24-1.2 from Ch. 38, par. 24-1.2
21 725 ILCS 120/4.5
22 725 ILCS 120/6 from Ch. 38, par. 1406
23 730 ILCS 5/3-6-4 from Ch. 38, par. 1003-6-4
24 730 ILCS 5/3-10-13
25 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1
26 730 ILCS 5/3-14-4 from Ch. 38, par. 1003-14-4
27 720 ILCS 5/12-6.1 from Ch. 38, par. 12-6.1
28 430 ILCS 65/2 from Ch. 38, par. 83-2
29 430 ILCS 65/4 from Ch. 38, par. 83-4
30 430 ILCS 65/8 from Ch. 38, par. 83-8
31 430 ILCS 65/14 from Ch. 38, par. 83-14
32 720 ILCS 5/11-14 from Ch. 38, par. 11-14
33 720 ILCS 5/11-14.1
34 720 ILCS 5/11-16 from Ch. 38, par. 11-16
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1 720 ILCS 5/11-19 from Ch. 38, par. 11-19
2 720 ILCS 5/11-19.1 from Ch. 38, par. 11-19.1
3 720 ILCS 5/11-19.2 from Ch. 38, par. 11-19.2
4 720 ILCS 5/24-1 from Ch. 38, par. 24-1
5 720 ILCS 5/24-3 from Ch. 38, par. 24-3
6 720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1
7 720 ILCS 5/33A-1 from Ch. 38, par. 33A-1
8 720 ILCS 5/33A-3 from Ch. 38, par. 33A-3
9 720 ILCS 5/33F-1 from Ch. 38, par. 33F-1
10 20 ILCS 2630/5 from Ch. 38, par. 206-5
11 720 ILCS 150/5.1 from Ch. 23, par. 2355.1
12 730 ILCS 5/5-5-3