[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB4736
LRB9114529DJcd
1 AN ACT in relation to crime.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Purpose and intent.
5 (a) In People v. Wooters, 188 Ill. 2d 500 (1999), the
6 Illinois Supreme Court declared that Public Act 89-203
7 violates the single subject rule of the Illinois Constitution
8 (ILCON Art. IV, Sec. 8) by including certain provisions
9 relating to mortgage foreclosure in a bill otherwise relating
10 to crime.
11 (b) It is the purpose of this Act to re-enact the
12 provisions relating to crime that were included in Public Act
13 89-203. The re-enacted material is shown as existing text
14 (i.e., without underscoring) and includes the changes made to
15 the affected Sections by Public Acts enacted after 89-203.
16 (c) Section 11-6 of the Criminal Code of 1961 is not
17 included in this Act because the provisions added to that
18 Section by Public Act 89-203 were removed by Public Act
19 91-226. Section 6-208.1 of the Illinois Vehicle Code is not
20 included in this Act because the provision in that Section
21 changed by Public Act 89-203 was rewritten by Public Act
22 90-738.
23 (d) The underscored paragraph at the end of Section
24 5-1120 of the Counties Code is new matter not included in
25 Public Act 89-203. It has been added in order to validate
26 actions that have been taken in reliance on that Section as
27 it appeared in Public Act 89-203.
28 (e) This Act is not intended to supersede the changes
29 made by any other Public Act of the 91st General Assembly
30 that amends a Section included in this Act, and it is not
31 intended to limit or impair any legal argument relating to
32 the re-enactment of any of the provisions of Public Act
-2- LRB9114529DJcd
1 89-203 by any other Public Act.
2 Section 5. The Counties Code is amended by re-enacting
3 and changing Section 5-1120 as follows:
4 (55 ILCS 5/5-1120)
5 Sec. 5-1120. Juvenile delinquency programs. The
6 corporate authorities of a county may:
7 (a) conduct programs and carry on and coordinate
8 activities for the prevention, reduction, or control of
9 juvenile delinquency within the county;
10 (b) cooperate, coordinate, or act jointly with the
11 State of Illinois or any other county, municipality, or
12 public or private agency in conducting programs and
13 carrying on and coordinating activities for the
14 prevention, reduction, or control of juvenile
15 delinquency, including but not limited to the
16 establishment, support, and maintenance of individual or
17 joint public or private agencies or neighborhood
18 accountability boards to conduct the programs and carry
19 on the activities in cooperation with law enforcement
20 officers through referral of juvenile offenders;
21 (c) spend county funds appropriated for the
22 purposes of this Section; and
23 (d) make application for, accept, and use money,
24 financial grants, or contributions of services from any
25 public or private source made available for the purposes
26 of this Section.
27 All officials, agencies, and employees of a county that
28 has exercised the authority granted by this Section shall
29 cooperate in so far as possible with the corporate
30 authorities in coordinating and conducting activities and
31 programs to carry out the purposes of this Section.
32 All otherwise lawful actions taken and expenditures made
-3- LRB9114529DJcd
1 before the effective date of this amendatory Act of the 91st
2 General Assembly in reliance on the provisions of this
3 Section included in Public Act 89-203 are hereby validated.
4 (Source: P.A. 89-203, eff. 7-21-95.)
5 Section 10. The Illinois Vehicle Code is amended by
6 re-enacting Section 11-501 as follows:
7 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
8 Sec. 11-501. Driving while under the influence of
9 alcohol, other drug or drugs, intoxicating compound or
10 compounds or any combination thereof.
11 (a) A person shall not drive or be in actual physical
12 control of any vehicle within this State while:
13 (1) the alcohol concentration in the person's blood
14 or breath is 0.08 or more based on the definition of
15 blood and breath units in Section 11-501.2;
16 (2) under the influence of alcohol;
17 (3) under the influence of any intoxicating
18 compound or combination of intoxicating compounds to a
19 degree that renders the person incapable of driving
20 safely;
21 (4) under the influence of any other drug or
22 combination of drugs to a degree that renders the person
23 incapable of safely driving;
24 (5) under the combined influence of alcohol, other
25 drug or drugs, or intoxicating compound or compounds to a
26 degree that renders the person incapable of safely
27 driving; or
28 (6) there is any amount of a drug, substance, or
29 compound in the person's breath, blood, or urine
30 resulting from the unlawful use or consumption of
31 cannabis listed in the Cannabis Control Act, a controlled
32 substance listed in the Illinois Controlled Substances
-4- LRB9114529DJcd
1 Act, or an intoxicating compound listed in the Use of
2 Intoxicating Compounds Act.
3 (b) The fact that any person charged with violating this
4 Section is or has been legally entitled to use alcohol, other
5 drug or drugs, or intoxicating compound or compounds, or any
6 combination thereof, shall not constitute a defense against
7 any charge of violating this Section.
8 (c) Except as provided under paragraphs (c-3) and (d) of
9 this Section, every person convicted of violating this
10 Section or a similar provision of a local ordinance, shall be
11 guilty of a Class A misdemeanor and, in addition to any other
12 criminal or administrative action, for any second conviction
13 of violating this Section or a similar provision of a law of
14 another state or local ordinance committed within 5 years of
15 a previous violation of this Section or a similar provision
16 of a local ordinance shall be mandatorily sentenced to a
17 minimum of 48 consecutive hours of imprisonment or assigned
18 to a minimum of 100 hours of community service as may be
19 determined by the court. Every person convicted of violating
20 this Section or a similar provision of a local ordinance
21 shall be subject to a mandatory minimum fine of $500 and a
22 mandatory 5 days of community service in a program benefiting
23 children if the person committed a violation of paragraph (a)
24 or a similar provision of a local ordinance while
25 transporting a person under age 16. Every person convicted a
26 second time for violating this Section or a similar provision
27 of a local ordinance within 5 years of a previous violation
28 of this Section or a similar provision of a law of another
29 state or local ordinance shall be subject to a mandatory
30 minimum fine of $500 and 10 days of mandatory community
31 service in a program benefiting children if the current
32 offense was committed while transporting a person under age
33 16. The imprisonment or assignment under this subsection
34 shall not be subject to suspension nor shall the person be
-5- LRB9114529DJcd
1 eligible for probation in order to reduce the sentence or
2 assignment.
3 (c-1) (1) A person who violates this Section during a
4 period in which his or her driving privileges are revoked
5 or suspended, where the revocation or suspension was for
6 a violation of this Section, Section 11-501.1, paragraph
7 (b) of Section 11-401, or Section 9-3 of the Criminal
8 Code of 1961 is guilty of a Class 4 felony.
9 (2) A person who violates this Section a third time
10 during a period in which his or her driving privileges
11 are revoked or suspended where the revocation or
12 suspension was for a violation of this Section, Section
13 11-501.1, paragraph (b) of Section 11-401, or Section 9-3
14 of the Criminal Code of 1961 is guilty of a Class 3
15 felony.
16 (3) A person who violates this Section a fourth or
17 subsequent time during a period in which his or her
18 driving privileges are revoked or suspended where the
19 revocation or suspension was for a violation of this
20 Section, Section 11-501.1, paragraph (b) of Section
21 11-401, or Section 9-3 of the Criminal Code of 1961 is
22 guilty of a Class 2 felony.
23 (c-2) (Blank).
24 (c-3) Every person convicted of violating this Section
25 or a similar provision of a local ordinance who had a child
26 under age 16 in the vehicle at the time of the offense shall
27 have his or her punishment under this Act enhanced by 2 days
28 of imprisonment for a first offense, 10 days of imprisonment
29 for a second offense, 30 days of imprisonment for a third
30 offense, and 90 days of imprisonment for a fourth or
31 subsequent offense, in addition to the fine and community
32 service required under subsection (c) and the possible
33 imprisonment required under subsection (d). The imprisonment
34 or assignment under this subsection shall not be subject to
-6- LRB9114529DJcd
1 suspension nor shall the person be eligible for probation in
2 order to reduce the sentence or assignment.
3 (d) (1) Every person convicted of committing a violation
4 of this Section shall be guilty of aggravated driving under
5 the influence of alcohol, other drug or drugs, or
6 intoxicating compound or compounds, or any combination
7 thereof if:
8 (A) the person committed a violation of this
9 Section, or a similar provision of a law of another state
10 or a local ordinance when the cause of action is the same
11 as or substantially similar to this Section, for the
12 third or subsequent time;
13 (B) the person committed a violation of paragraph
14 (a) while driving a school bus with children on board;
15 (C) the person in committing a violation of
16 paragraph (a) was involved in a motor vehicle accident
17 that resulted in great bodily harm or permanent
18 disability or disfigurement to another, when the
19 violation was a proximate cause of the injuries; or
20 (D) the person committed a violation of paragraph
21 (a) for a second time and has been previously convicted
22 of violating Section 9-3 of the Criminal Code of 1961
23 relating to reckless homicide in which the person was
24 determined to have been under the influence of alcohol,
25 other drug or drugs, or intoxicating compound or
26 compounds as an element of the offense or the person has
27 previously been convicted under subparagraph (C) of this
28 paragraph (1).
29 (2) Aggravated driving under the influence of alcohol,
30 other drug or drugs, or intoxicating compound or compounds,
31 or any combination thereof is a Class 4 felony for which a
32 person, if sentenced to a term of imprisonment, shall be
33 sentenced to not less than one year and not more than 3 years
34 for a violation of subparagraph (A), (B) or (D) of paragraph
-7- LRB9114529DJcd
1 (1) of this subsection (d) and not less than one year and not
2 more than 12 years for a violation of subparagraph (C) of
3 paragraph (1) of this subsection (d). For any prosecution
4 under this subsection (d), a certified copy of the driving
5 abstract of the defendant shall be admitted as proof of any
6 prior conviction.
7 (e) After a finding of guilt and prior to any final
8 sentencing, or an order for supervision, for an offense based
9 upon an arrest for a violation of this Section or a similar
10 provision of a local ordinance, individuals shall be required
11 to undergo a professional evaluation to determine if an
12 alcohol, drug, or intoxicating compound abuse problem exists
13 and the extent of the problem. Programs conducting these
14 evaluations shall be licensed by the Department of Human
15 Services. The cost of any professional evaluation shall be
16 paid for by the individual required to undergo the
17 professional evaluation.
18 (f) Every person found guilty of violating this Section,
19 whose operation of a motor vehicle while in violation of this
20 Section proximately caused any incident resulting in an
21 appropriate emergency response, shall be liable for the
22 expense of an emergency response as provided under Section
23 5-5-3 of the Unified Code of Corrections.
24 (g) The Secretary of State shall revoke the driving
25 privileges of any person convicted under this Section or a
26 similar provision of a local ordinance.
27 (h) Every person sentenced under subsection (d) of this
28 Section and who receives a term of probation or conditional
29 discharge shall be required to serve a minimum term of either
30 30 days community service or, beginning July 1, 1993, 48
31 consecutive hours of imprisonment as a condition of the
32 probation or conditional discharge. This mandatory minimum
33 term of imprisonment or assignment of community service shall
34 not be suspended and shall not be subject to reduction by the
-8- LRB9114529DJcd
1 court.
2 (i) The Secretary of State may use ignition interlock
3 device requirements when granting driving relief to
4 individuals who have been arrested for a second or subsequent
5 offense of this Section or a similar provision of a local
6 ordinance. The Secretary shall establish by rule and
7 regulation the procedures for use of the interlock system.
8 (j) In addition to any other penalties and liabilities,
9 a person who is found guilty of or pleads guilty to violating
10 this Section, including any person placed on court
11 supervision for violating this Section, shall be fined $100,
12 payable to the circuit clerk, who shall distribute the money
13 to the law enforcement agency that made the arrest. In the
14 event that more than one agency is responsible for the
15 arrest, the $100 shall be shared equally. Any moneys
16 received by a law enforcement agency under this subsection
17 (j) shall be used to purchase law enforcement equipment that
18 will assist in the prevention of alcohol related criminal
19 violence throughout the State. This shall include, but is
20 not limited to, in-car video cameras, radar and laser speed
21 detection devices, and alcohol breath testers. Any moneys
22 received by the Department of State Police under this
23 subsection (j) shall be deposited into the State Police DUI
24 Fund and shall be used to purchase law enforcement equipment
25 that will assist in the prevention of alcohol related
26 criminal violence throughout the State.
27 (Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97;
28 90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff.
29 1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357,
30 eff. 7-29-99; 91-692, eff. 4-13-00; 91-822, eff. 6-13-00.)
31 Section 15. The Criminal Code of 1961 is amended by
32 re-enacting Sections 11-6.5 and 32-10 as follows:
-9- LRB9114529DJcd
1 (720 ILCS 5/11-6.5)
2 Sec. 11-6.5. Indecent solicitation of an adult.
3 (a) A person commits indecent solicitation of an adult
4 if the person:
5 (1) Arranges for a person 17 years of age or over
6 to commit an act of sexual penetration as defined in
7 Section 12-12 with a person:
8 (i) Under the age of 13 years; or
9 (ii) Thirteen years of age or over but under
10 the age of 17 years; or
11 (2) Arranges for a person 17 years of age or over
12 to commit an act of sexual conduct as defined in Section
13 12-12 with a person:
14 (i) Under the age of 13 years; or
15 (ii) Thirteen years of age or older but under
16 the age of 17 years.
17 (b) Sentence.
18 (1) Violation of paragraph (a)(1)(i) is a Class X
19 felony.
20 (2) Violation of paragraph (a)(1)(ii) is a Class 1
21 felony.
22 (3) Violation of paragraph (a)(2)(i) is a Class 2
23 felony.
24 (4) Violation of paragraph (a)(2)(ii) is a Class A
25 misdemeanor.
26 (c) For the purposes of this Section, "arranges"
27 includes but is not limited to oral or written communication
28 and communication by telephone, computer, or other electronic
29 means. "Computer" has the meaning ascribed to it in Section
30 16D-2 of this Code.
31 (Source: P.A. 88-165; 89-203, eff. 7-21-95.)
32 (720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
33 Sec. 32-10. Violation of bail bond.
-10- LRB9114529DJcd
1 (a) Whoever, having been admitted to bail for appearance
2 before any court of this State, incurs a forfeiture of the
3 bail and willfully fails to surrender himself within 30 days
4 following the date of such forfeiture, commits, if the bail
5 was given in connection with a charge of felony or pending
6 appeal or certiorari after conviction of any offense, a
7 felony of the next lower Class or a Class A misdemeanor if
8 the underlying offense was a Class 4 felony; or, if the bail
9 was given in connection with a charge of committing a
10 misdemeanor, or for appearance as a witness, commits a
11 misdemeanor of the next lower Class, but not less than a
12 Class C misdemeanor.
13 (a-5) Any person who violates a condition of bail bond
14 by possessing a firearm in violation of his or her conditions
15 of bail commits a Class 4 felony for a first violation and a
16 Class 3 felony for a second violation.
17 (b) Whoever, having been admitted to bail for appearance
18 before any court of this State, while charged with a criminal
19 offense in which the victim is a family or household member
20 as defined in Article 112A of the Code of Criminal Procedure
21 of 1963, knowingly violates a condition of that release as
22 set forth in Section 110-10, subsection (d) of the Code of
23 Criminal Procedure of 1963, commits a Class A misdemeanor.
24 (c) Whoever, having been admitted to bail for appearance
25 before any court of this State for a felony, Class A
26 misdemeanor or a criminal offense in which the victim is a
27 family or household member as defined in Article 112A of the
28 Code of Criminal Procedure of 1963, is charged with any other
29 felony, Class A misdemeanor, or a criminal offense in which
30 the victim is a family or household member as defined in
31 Article 112A of the Code of Criminal Procedure of 1963 while
32 on such release, must appear before the court before bail is
33 statutorily set.
34 (d) Nothing in this Section shall interfere with or
-11- LRB9114529DJcd
1 prevent the exercise by any court of its power to punishment
2 for contempt. Any sentence imposed for violation of this
3 Section shall be served consecutive to the sentence imposed
4 for the charge for which bail had been granted and with
5 respect to which the defendant has been convicted.
6 (Source: P.A. 91-696, eff. 4-13-00.)
7 Section 20. The Unified Code of Corrections is amended
8 by re-enacting Sections 5-5-6, 5-6-3.1, and 5-8-1 as follows:
9 (730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
10 Sec. 5-5-6. In all convictions for offenses in violation
11 of the Criminal Code of 1961 in which the person received any
12 injury to their person or damage to their real or personal
13 property as a result of the criminal act of the defendant,
14 the court shall order restitution as provided in this
15 Section. In all other cases, except cases in which
16 restitution is required under this Section, the court must at
17 the sentence hearing determine whether restitution is an
18 appropriate sentence to be imposed on each defendant
19 convicted of an offense. If the court determines that an
20 order directing the offender to make restitution is
21 appropriate, the offender may be sentenced to make
22 restitution. If the offender is sentenced to make
23 restitution the Court shall determine the restitution as
24 hereinafter set forth:
25 (a) At the sentence hearing, the court shall
26 determine whether the property may be restored in kind to
27 the possession of the owner or the person entitled to
28 possession thereof; or whether the defendant is possessed
29 of sufficient skill to repair and restore property
30 damaged; or whether the defendant should be required to
31 make restitution in cash, for out-of-pocket expenses,
32 damages, losses, or injuries found to have been
-12- LRB9114529DJcd
1 proximately caused by the conduct of the defendant or
2 another for whom the defendant is legally accountable
3 under the provisions of Article V of the Criminal Code of
4 1961.
5 (b) In fixing the amount of restitution to be paid
6 in cash, the court shall allow credit for property
7 returned in kind, for property damages ordered to be
8 repaired by the defendant, and for property ordered to be
9 restored by the defendant; and after granting the credit,
10 the court shall assess the actual out-of-pocket expenses,
11 losses, damages, and injuries suffered by the victim
12 named in the charge and any other victims who may also
13 have suffered out-of-pocket expenses, losses, damages,
14 and injuries proximately caused by the same criminal
15 conduct of the defendant, and insurance carriers who have
16 indemnified the named victim or other victims for the
17 out-of-pocket expenses, losses, damages, or injuries,
18 provided that in no event shall restitution be ordered to
19 be paid on account of pain and suffering. If a defendant
20 is placed on supervision for, or convicted of, domestic
21 battery, the defendant shall be required to pay
22 restitution to any domestic violence shelter in which the
23 victim and any other family or household members lived
24 because of the domestic battery. The amount of the
25 restitution shall equal the actual expenses of the
26 domestic violence shelter in providing housing and any
27 other services for the victim and any other family or
28 household members living at the shelter. If a defendant
29 fails to pay restitution in the manner or within the time
30 period specified by the court, the court may enter an
31 order directing the sheriff to seize any real or personal
32 property of a defendant to the extent necessary to
33 satisfy the order of restitution and dispose of the
34 property by public sale. All proceeds from such sale in
-13- LRB9114529DJcd
1 excess of the amount of restitution plus court costs and
2 the costs of the sheriff in conducting the sale shall be
3 paid to the defendant. The defendant convicted of
4 domestic battery, if a person under 18 years of age who
5 is the child of the offender or of the victim was present
6 and witnessed the domestic battery of the victim, is
7 liable to pay restitution for the cost of any counseling
8 required for the child at the discretion of the court.
9 (c) In cases where more than one defendant is
10 accountable for the same criminal conduct that results in
11 out-of-pocket expenses, losses, damages, or injuries,
12 each defendant shall be ordered to pay restitution in the
13 amount of the total actual out-of-pocket expenses,
14 losses, damages, or injuries to the victim proximately
15 caused by the conduct of all of the defendants who are
16 legally accountable for the offense.
17 (1) In no event shall the victim be entitled
18 to recover restitution in excess of the actual
19 out-of-pocket expenses, losses, damages, or
20 injuries, proximately caused by the conduct of all
21 of the defendants.
22 (2) As between the defendants, the court may
23 apportion the restitution that is payable in
24 proportion to each co-defendant's culpability in the
25 commission of the offense.
26 (3) In the absence of a specific order
27 apportioning the restitution, each defendant shall
28 bear his pro rata share of the restitution.
29 (4) As between the defendants, each defendant
30 shall be entitled to a pro rata reduction in the
31 total restitution required to be paid to the victim
32 for amounts of restitution actually paid by
33 co-defendants, and defendants who shall have paid
34 more than their pro rata share shall be entitled to
-14- LRB9114529DJcd
1 refunds to be computed by the court as additional
2 amounts are paid by co-defendants.
3 (d) In instances where a defendant has more than
4 one criminal charge pending against him in a single case,
5 or more than one case, and the defendant stands convicted
6 of one or more charges, a plea agreement negotiated by
7 the State's Attorney and the defendants may require the
8 defendant to make restitution to victims of charges that
9 have been dismissed or which it is contemplated will be
10 dismissed under the terms of the plea agreement, and
11 under the agreement, the court may impose a sentence of
12 restitution on the charge or charges of which the
13 defendant has been convicted that would require the
14 defendant to make restitution to victims of other
15 offenses as provided in the plea agreement.
16 (e) The court may require the defendant to apply
17 the balance of the cash bond, after payment of court
18 costs, and any fine that may be imposed to the payment of
19 restitution.
20 (f) Taking into consideration the ability of the
21 defendant to pay, the court shall determine whether
22 restitution shall be paid in a single payment or in
23 installments, and shall fix a period of time not in
24 excess of 5 years, not including periods of
25 incarceration, within which payment of restitution is to
26 be paid in full. Complete restitution shall be paid in as
27 short a time period as possible. However, if the court
28 deems it necessary and in the best interest of the
29 victim, the court may extend beyond 5 years the period of
30 time within which the payment of restitution is to be
31 paid. If the defendant is ordered to pay restitution and
32 the court orders that restitution is to be paid over a
33 period greater than 6 months, the court shall order that
34 the defendant make monthly payments; the court may waive
-15- LRB9114529DJcd
1 this requirement of monthly payments only if there is a
2 specific finding of good cause for waiver.
3 (g) The court shall, after determining that the
4 defendant has the ability to pay, require the defendant
5 to pay for the victim's counseling services if:
6 (1) the defendant was convicted of an offense
7 under Sections 11-19.2, 11-20.1, 12-13, 12-14,
8 12-14.1, 12-15 or 12-16 of the Criminal Code of
9 1961, or was charged with such an offense and the
10 charge was reduced to another charge as a result of
11 a plea agreement under subsection (d) of this
12 Section, and
13 (2) the victim was under 18 years of age at
14 the time the offense was committed and requires
15 counseling as a result of the offense.
16 The payments shall be made by the defendant to the
17 clerk of the circuit court and transmitted by the clerk
18 to the appropriate person or agency as directed by the
19 court. The order may require such payments to be made
20 for a period not to exceed 5 years after sentencing, not
21 including periods of incarceration.
22 (h) The judge may enter an order of withholding to
23 collect the amount of restitution owed in accordance with
24 Part 8 of Article XII of the Code of Civil Procedure.
25 (i) A sentence of restitution may be modified or
26 revoked by the court if the offender commits another
27 offense, or the offender fails to make restitution as
28 ordered by the court, but no sentence to make restitution
29 shall be revoked unless the court shall find that the
30 offender has had the financial ability to make
31 restitution, and he has wilfully refused to do so. When
32 the offender's ability to pay restitution was established
33 at the time an order of restitution was entered or
34 modified, or when the offender's ability to pay was based
-16- LRB9114529DJcd
1 on the offender's willingness to make restitution as part
2 of a plea agreement made at the time the order of
3 restitution was entered or modified, there is a
4 rebuttable presumption that the facts and circumstances
5 considered by the court at the hearing at which the order
6 of restitution was entered or modified regarding the
7 offender's ability or willingness to pay restitution have
8 not materially changed. If the court shall find that the
9 defendant has failed to make restitution and that the
10 failure is not wilful, the court may impose an additional
11 period of time within which to make restitution. The
12 length of the additional period shall not be more than 2
13 years. The court shall retain all of the incidents of
14 the original sentence, including the authority to modify
15 or enlarge the conditions, and to revoke or further
16 modify the sentence if the conditions of payment are
17 violated during the additional period.
18 (j) The procedure upon the filing of a Petition to
19 Revoke a sentence to make restitution shall be the same
20 as the procedures set forth in Section 5-6-4 of this Code
21 governing violation, modification, or revocation of
22 Probation, of Conditional Discharge, or of Supervision.
23 (k) Nothing contained in this Section shall
24 preclude the right of any party to proceed in a civil
25 action to recover for any damages incurred due to the
26 criminal misconduct of the defendant.
27 (l) Restitution ordered under this Section shall
28 not be subject to disbursement by the circuit clerk under
29 Section 27.5 of the Clerks of Courts Act.
30 (m) A restitution order under this Section is a
31 judgment lien in favor of the victim that:
32 (1) Attaches to the property of the person
33 subject to the order;
34 (2) May be perfected in the same manner as
-17- LRB9114529DJcd
1 provided in Part 3 of Article 9 of the Uniform
2 Commercial Code;
3 (3) May be enforced to satisfy any payment
4 that is delinquent under the restitution order by
5 the person in whose favor the order is issued or the
6 person's assignee; and
7 (4) Expires in the same manner as a judgment
8 lien created in a civil proceeding.
9 When a restitution order is issued under this
10 Section, the issuing court shall send a certified copy of
11 the order to the clerk of the circuit court in the county
12 where the charge was filed. Upon receiving the order,
13 the clerk shall enter and index the order in the circuit
14 court judgment docket.
15 (n) An order of restitution under this Section does
16 not bar a civil action for:
17 (1) Damages that the court did not require the
18 person to pay to the victim under the restitution
19 order but arise from an injury or property damages
20 that is the basis of restitution ordered by the
21 court; and
22 (2) Other damages suffered by the victim.
23 The restitution order is not discharged by the completion
24 of the sentence imposed for the offense.
25 A restitution order under this Section is not discharged
26 by the liquidation of a person's estate by a receiver. A
27 restitution order under this Section may be enforced in the
28 same manner as judgment liens are enforced under Article XII
29 of the Code of Civil Procedure.
30 The provisions of Section 2-1303 of the Code of Civil
31 Procedure, providing for interest on judgments, apply to
32 judgments for restitution entered under this Section.
33 (Source: P.A. 90-465, eff. 1-1-98; 91-153, eff. 1-1-00;
34 91-262, eff. 1-1-00; 91-420, eff. 1-1-00; revised 9-30-99.)
-18- LRB9114529DJcd
1 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
2 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
3 (a) When a defendant is placed on supervision, the court
4 shall enter an order for supervision specifying the period of
5 such supervision, and shall defer further proceedings in the
6 case until the conclusion of the period.
7 (b) The period of supervision shall be reasonable under
8 all of the circumstances of the case, but may not be longer
9 than 2 years, unless the defendant has failed to pay the
10 assessment required by Section 10.3 of the Cannabis Control
11 Act or Section 411.2 of the Illinois Controlled Substances
12 Act, in which case the court may extend supervision beyond 2
13 years. Additionally, the court shall order the defendant to
14 perform no less than 30 hours of community service and not
15 more than 120 hours of community service, if community
16 service is available in the jurisdiction and is funded and
17 approved by the county board where the offense was committed,
18 when the offense (1) was related to or in furtherance of the
19 criminal activities of an organized gang or was motivated by
20 the defendant's membership in or allegiance to an organized
21 gang; or (2) is a violation of any Section of Article 24 of
22 the Criminal Code of 1961 where a disposition of supervision
23 is not prohibited by Section 5-6-1 of this Code. The
24 community service shall include, but not be limited to, the
25 cleanup and repair of any damage caused by violation of
26 Section 21-1.3 of the Criminal Code of 1961 and similar
27 damages to property located within the municipality or county
28 in which the violation occurred. Where possible and
29 reasonable, the community service should be performed in the
30 offender's neighborhood.
31 For the purposes of this Section, "organized gang" has
32 the meaning ascribed to it in Section 10 of the Illinois
33 Streetgang Terrorism Omnibus Prevention Act.
34 (c) The court may in addition to other reasonable
-19- LRB9114529DJcd
1 conditions relating to the nature of the offense or the
2 rehabilitation of the defendant as determined for each
3 defendant in the proper discretion of the court require that
4 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 supervision;
9 (2) pay a fine and costs;
10 (3) work or pursue a course of study or vocational
11 training;
12 (4) undergo medical, psychological or psychiatric
13 treatment; or 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 (8) and in addition, if a minor:
20 (i) reside with his parents or in a foster
21 home;
22 (ii) attend school;
23 (iii) attend a non-residential program for
24 youth;
25 (iv) contribute to his own support at home or
26 in a foster home; and
27 (9) make restitution or reparation in an amount not
28 to exceed actual loss or damage to property and pecuniary
29 loss or make restitution under Section 5-5-6 to a
30 domestic violence shelter. The court shall determine the
31 amount and conditions of payment;
32 (10) perform some reasonable public or community
33 service;
34 (11) comply with the terms and conditions of an
-20- LRB9114529DJcd
1 order of protection issued by the court pursuant to the
2 Illinois Domestic Violence Act of 1986 or an order of
3 protection issued by the court of another state, tribe,
4 or United States territory. If the court has ordered the
5 defendant to make a report and appear in person under
6 paragraph (1) of this subsection, a copy of the order of
7 protection shall be transmitted to the person or agency
8 so designated by the court;
9 (12) reimburse any "local anti-crime program" as
10 defined in Section 7 of the Anti-Crime Advisory Council
11 Act for any reasonable expenses incurred by the program
12 on the offender's case, not to exceed the maximum amount
13 of the fine authorized for the offense for which the
14 defendant was sentenced;
15 (13) contribute a reasonable sum of money, not to
16 exceed the maximum amount of the fine authorized for the
17 offense for which the defendant was sentenced, to a
18 "local anti-crime program", as defined in Section 7 of
19 the Anti-Crime Advisory Council Act;
20 (14) refrain from entering into a designated
21 geographic area except upon such terms as the court finds
22 appropriate. Such terms may include consideration of the
23 purpose of the entry, the time of day, other persons
24 accompanying the defendant, and advance approval by a
25 probation officer;
26 (15) refrain from having any contact, directly or
27 indirectly, with certain specified persons or particular
28 types of person, including but not limited to members of
29 street gangs and drug users or dealers;
30 (16) refrain from having in his or her body the
31 presence of any illicit drug prohibited by the Cannabis
32 Control Act or the Illinois Controlled Substances Act,
33 unless prescribed by a physician, and submit samples of
34 his or her blood or urine or both for tests to determine
-21- LRB9114529DJcd
1 the presence of any illicit drug;
2 (17) refrain from operating any motor vehicle not
3 equipped with an ignition interlock device as defined in
4 Section 1-129.1 of the Illinois Vehicle Code. Under this
5 condition the court may allow a defendant who is not
6 self-employed to operate a vehicle owned by the
7 defendant's employer that is not equipped with an
8 ignition interlock device in the course and scope of the
9 defendant's employment.
10 (d) The court shall defer entering any judgment on the
11 charges until the conclusion of the supervision.
12 (e) At the conclusion of the period of supervision, if
13 the court determines that the defendant has successfully
14 complied with all of the conditions of supervision, the court
15 shall discharge the defendant and enter a judgment dismissing
16 the charges.
17 (f) Discharge and dismissal upon a successful conclusion
18 of a disposition of supervision shall be deemed without
19 adjudication of guilt and shall not be termed a conviction
20 for purposes of disqualification or disabilities imposed by
21 law upon conviction of a crime. Two years after the
22 discharge and dismissal under this Section, unless the
23 disposition of supervision was for a violation of Sections
24 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
25 Vehicle Code or a similar provision of a local ordinance, or
26 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
27 Code of 1961, in which case it shall be 5 years after
28 discharge and dismissal, a person may have his record of
29 arrest sealed or expunged as may be provided by law.
30 However, any defendant placed on supervision before January
31 1, 1980, may move for sealing or expungement of his arrest
32 record, as provided by law, at any time after discharge and
33 dismissal under this Section. A person placed on supervision
34 for a sexual offense committed against a minor as defined in
-22- LRB9114529DJcd
1 subsection (g) of Section 5 of the Criminal Identification
2 Act or for a violation of Section 11-501 of the Illinois
3 Vehicle Code or a similar provision of a local ordinance
4 shall not have his or her record of arrest sealed or
5 expunged.
6 (g) A defendant placed on supervision and who during the
7 period of supervision undergoes mandatory drug or alcohol
8 testing, or both, or is assigned to be placed on an approved
9 electronic monitoring device, shall be ordered to pay the
10 costs incidental to such mandatory drug or alcohol testing,
11 or both, and costs incidental to such approved electronic
12 monitoring in accordance with the defendant's ability to pay
13 those costs. The county board with the concurrence of the
14 Chief Judge of the judicial circuit in which the county is
15 located shall establish reasonable fees for the cost of
16 maintenance, testing, and incidental expenses related to the
17 mandatory drug or alcohol testing, or both, and all costs
18 incidental to approved electronic monitoring, of all
19 defendants placed on supervision. The concurrence of the
20 Chief Judge shall be in the form of an administrative order.
21 The fees shall be collected by the clerk of the circuit
22 court. The clerk of the circuit court shall pay all moneys
23 collected from these fees to the county treasurer who shall
24 use the moneys collected to defray the costs of drug testing,
25 alcohol testing, and electronic monitoring. The county
26 treasurer shall deposit the fees collected in the county
27 working cash fund under Section 6-27001 or Section 6-29002 of
28 the Counties Code, as the case may be.
29 (h) A disposition of supervision is a final order for
30 the purposes of appeal.
31 (i) The court shall impose upon a defendant placed on
32 supervision after January 1, 1992, as a condition of
33 supervision, a fee of $25 for each month of supervision
34 ordered by the court, unless after determining the inability
-23- LRB9114529DJcd
1 of the person placed on supervision to pay the fee, the court
2 assesses a lesser fee. The court may not impose the fee on a
3 minor who is made a ward of the State under the Juvenile
4 Court Act of 1987 while the minor is in placement. The fee
5 shall be imposed only upon a defendant who is actively
6 supervised by the probation and court services department.
7 The fee shall be collected by the clerk of the circuit court.
8 The clerk of the circuit court shall pay all monies collected
9 from this fee to the county treasurer for deposit in the
10 probation and court services fund pursuant to Section 15.1 of
11 the Probation and Probation Officers Act.
12 (j) All fines and costs imposed under this Section for
13 any violation of Chapters 3, 4, 6, and 11 of the Illinois
14 Vehicle Code, or a similar provision of a local ordinance,
15 and any violation of the Child Passenger Protection Act, or a
16 similar provision of a local ordinance, shall be collected
17 and disbursed by the circuit clerk as provided under Section
18 27.5 of the Clerks of Courts Act.
19 (k) A defendant at least 17 years of age who is placed
20 on supervision for a misdemeanor in a county of 3,000,000 or
21 more inhabitants and who has not been previously convicted of
22 a misdemeanor or felony may as a condition of his or her
23 supervision be required by the court to attend educational
24 courses designed to prepare the defendant for a high school
25 diploma and to work toward a high school diploma or to work
26 toward passing the high school level Test of General
27 Educational Development (GED) or to work toward completing a
28 vocational training program approved by the court. The
29 defendant placed on supervision must attend a public
30 institution of education to obtain the educational or
31 vocational training required by this subsection (k). The
32 defendant placed on supervision shall be required to pay for
33 the cost of the educational courses or GED test, if a fee is
34 charged for those courses or test. The court shall revoke
-24- LRB9114529DJcd
1 the supervision of a person who wilfully fails to comply with
2 this subsection (k). The court shall resentence the
3 defendant upon revocation of supervision as provided in
4 Section 5-6-4. This subsection (k) does not apply to a
5 defendant who has a high school diploma or has successfully
6 passed the GED test. This subsection (k) does not apply to a
7 defendant who is determined by the court to be
8 developmentally disabled or otherwise mentally incapable of
9 completing the educational or vocational program.
10 (l) The court shall require a defendant placed on
11 supervision for possession of a substance prohibited by the
12 Cannabis Control Act or Illinois Controlled Substances Act
13 after a previous conviction or disposition of supervision for
14 possession of a substance prohibited by the Cannabis Control
15 Act or Illinois Controlled Substances Act or a sentence of
16 probation under Section 10 of the Cannabis Control Act or
17 Section 410 of the Illinois Controlled Substances Act and
18 after a finding by the court that the person is addicted, to
19 undergo treatment at a substance abuse program approved by
20 the court.
21 (m) The court shall require a defendant placed on
22 supervision for a violation of Section 3-707 of the Illinois
23 Vehicle Code or a similar provision of a local ordinance, as
24 a condition of supervision, to give proof of his or her
25 financial responsibility as defined in Section 7-315 of the
26 Illinois Vehicle Code. The proof shall be maintained by the
27 defendant in a manner satisfactory to the Secretary of State
28 for a minimum period of one year after the date the proof is
29 first filed. The Secretary of State shall suspend the
30 driver's license of any person determined by the Secretary to
31 be in violation of this subsection.
32 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
33 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 90-784, eff.
34 1-1-99; 91-127, eff. 1-1-00; 91-696, eff. 4-13-00; 91-903,
-25- LRB9114529DJcd
1 eff. 1-1-01.)
2 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
3 Sec. 5-8-1. Sentence of Imprisonment for Felony.
4 (a) Except as otherwise provided in the statute defining
5 the offense, a sentence of imprisonment for a felony shall be
6 a determinate sentence set by the court under this Section,
7 according to the following limitations:
8 (1) for first degree murder,
9 (a) a term shall be not less than 20 years and
10 not more than 60 years, or
11 (b) if the court finds that the murder was
12 accompanied by exceptionally brutal or heinous
13 behavior indicative of wanton cruelty or, except as
14 set forth in subsection (a)(1)(c) of this Section,
15 that any of the aggravating factors listed in
16 subsection (b) of Section 9-1 of the Criminal Code
17 of 1961 are present, the court may sentence the
18 defendant to a term of natural life imprisonment, or
19 (c) the court shall sentence the defendant to
20 a term of natural life imprisonment when the death
21 penalty is not imposed if the defendant,
22 (i) has previously been convicted of
23 first degree murder under any state or federal
24 law, or
25 (ii) is a person who, at the time of the
26 commission of the murder, had attained the age
27 of 17 or more and is found guilty of murdering
28 an individual under 12 years of age; or,
29 irrespective of the defendant's age at the time
30 of the commission of the offense, is found
31 guilty of murdering more than one victim, or
32 (iii) is found guilty of murdering a
33 peace officer or fireman when the peace officer
-26- LRB9114529DJcd
1 or fireman was killed in the course of
2 performing his official duties, or to prevent
3 the peace officer or fireman from performing
4 his official duties, or in retaliation for the
5 peace officer or fireman performing his
6 official duties, and the defendant knew or
7 should have known that the murdered individual
8 was a peace officer or fireman, or
9 (iv) is found guilty of murdering an
10 employee of an institution or facility of the
11 Department of Corrections, or any similar local
12 correctional agency, when the employee was
13 killed in the course of performing his official
14 duties, or to prevent the employee from
15 performing his official duties, or in
16 retaliation for the employee performing his
17 official duties, or
18 (v) is found guilty of murdering an
19 emergency medical technician - ambulance,
20 emergency medical technician - intermediate,
21 emergency medical technician - paramedic,
22 ambulance driver or other medical assistance or
23 first aid person while employed by a
24 municipality or other governmental unit when
25 the person was killed in the course of
26 performing official duties or to prevent the
27 person from performing official duties or in
28 retaliation for performing official duties and
29 the defendant knew or should have known that
30 the murdered individual was an emergency
31 medical technician - ambulance, emergency
32 medical technician - intermediate, emergency
33 medical technician - paramedic, ambulance
34 driver, or other medical assistant or first aid
-27- LRB9114529DJcd
1 personnel, or
2 (vi) is a person who, at the time of the
3 commission of the murder, had not attained the
4 age of 17, and is found guilty of murdering a
5 person under 12 years of age and the murder is
6 committed during the course of aggravated
7 criminal sexual assault, criminal sexual
8 assault, or aggravated kidnaping, or
9 (vii) is found guilty of first degree
10 murder and the murder was committed by reason
11 of any person's activity as a community
12 policing volunteer or to prevent any person
13 from engaging in activity as a community
14 policing volunteer. For the purpose of this
15 Section, "community policing volunteer" has the
16 meaning ascribed to it in Section 2-3.5 of the
17 Criminal Code of 1961.
18 For purposes of clause (v), "emergency medical
19 technician - ambulance", "emergency medical
20 technician - intermediate", "emergency medical
21 technician - paramedic", have the meanings ascribed
22 to them in the Emergency Medical Services (EMS)
23 Systems Act.
24 (d) (i) if the person committed the offense
25 while armed with a firearm, 15 years shall be
26 added to the term of imprisonment imposed by
27 the court;
28 (ii) if, during the commission of the
29 offense, the person personally discharged a
30 firearm, 20 years shall be added to the term of
31 imprisonment imposed by the court;
32 (iii) if, during the commission of the
33 offense, the person personally discharged a
34 firearm that proximately caused great bodily
-28- LRB9114529DJcd
1 harm, permanent disability, permanent
2 disfigurement, or death to another person, 25
3 years or up to a term of natural life shall be
4 added to the term of imprisonment imposed by
5 the court.
6 (1.5) for second degree murder, a term shall be not
7 less than 4 years and not more than 20 years;
8 (2) for a person adjudged a habitual criminal under
9 Article 33B of the Criminal Code of 1961, as amended, the
10 sentence shall be a term of natural life imprisonment;
11 (2.5) for a person convicted under the
12 circumstances described in paragraph (3) of subsection
13 (b) of Section 12-13, paragraph (2) of subsection (d) of
14 Section 12-14, paragraph (1.2) of subsection (b) of
15 Section 12-14.1, or paragraph (2) of subsection (b) of
16 Section 12-14.1 of the Criminal Code of 1961, the
17 sentence shall be a term of natural life imprisonment;
18 (3) except as otherwise provided in the statute
19 defining the offense, for a Class X felony, the sentence
20 shall be not less than 6 years and not more than 30
21 years;
22 (4) for a Class 1 felony, other than second degree
23 murder, the sentence shall be not less than 4 years and
24 not more than 15 years;
25 (5) for a Class 2 felony, the sentence shall be not
26 less than 3 years and not more than 7 years;
27 (6) for a Class 3 felony, the sentence shall be not
28 less than 2 years and not more than 5 years;
29 (7) for a Class 4 felony, the sentence shall be not
30 less than 1 year and not more than 3 years.
31 (b) The sentencing judge in each felony conviction shall
32 set forth his reasons for imposing the particular sentence he
33 enters in the case, as provided in Section 5-4-1 of this
34 Code. Those reasons may include any mitigating or
-29- LRB9114529DJcd
1 aggravating factors specified in this Code, or the lack of
2 any such circumstances, as well as any other such factors as
3 the judge shall set forth on the record that are consistent
4 with the purposes and principles of sentencing set out in
5 this Code.
6 (c) A motion to reduce a sentence may be made, or the
7 court may reduce a sentence without motion, within 30 days
8 after the sentence is imposed. A defendant's challenge to
9 the correctness of a sentence or to any aspect of the
10 sentencing hearing shall be made by a written motion filed
11 within 30 days following the imposition of sentence.
12 However, the court may not increase a sentence once it is
13 imposed.
14 If a motion filed pursuant to this subsection is timely
15 filed within 30 days after the sentence is imposed, the
16 proponent of the motion shall exercise due diligence in
17 seeking a determination on the motion and the court shall
18 thereafter decide such motion within a reasonable time.
19 If a motion filed pursuant to this subsection is timely
20 filed within 30 days after the sentence is imposed, then for
21 purposes of perfecting an appeal, a final judgment shall not
22 be considered to have been entered until the motion to reduce
23 a sentence has been decided by order entered by the trial
24 court.
25 A motion filed pursuant to this subsection shall not be
26 considered to have been timely filed unless it is filed with
27 the circuit court clerk within 30 days after the sentence is
28 imposed together with a notice of motion, which notice of
29 motion shall set the motion on the court's calendar on a date
30 certain within a reasonable time after the date of filing.
31 (d) Except where a term of natural life is imposed,
32 every sentence shall include as though written therein a term
33 in addition to the term of imprisonment. For those sentenced
34 under the law in effect prior to February 1, 1978, such term
-30- LRB9114529DJcd
1 shall be identified as a parole term. For those sentenced on
2 or after February 1, 1978, such term shall be identified as a
3 mandatory supervised release term. Subject to earlier
4 termination under Section 3-3-8, the parole or mandatory
5 supervised release term shall be as follows:
6 (1) for first degree murder or a Class X felony, 3
7 years;
8 (2) for a Class 1 felony or a Class 2 felony, 2
9 years;
10 (3) for a Class 3 felony or a Class 4 felony, 1
11 year;
12 (4) if the victim is under 18 years of age, for a
13 second or subsequent offense of criminal sexual assault
14 or aggravated criminal sexual assault, 5 years, at least
15 the first 2 years of which the defendant shall serve in
16 an electronic home detention program under Article 8A of
17 Chapter V of this Code;
18 (5) if the victim is under 18 years of age, for a
19 second or subsequent offense of aggravated criminal
20 sexual abuse or felony criminal sexual abuse, 4 years, at
21 least the first 2 years of which the defendant shall
22 serve in an electronic home detention program under
23 Article 8A of Chapter V of this Code.
24 (e) A defendant who has a previous and unexpired
25 sentence of imprisonment imposed by another state or by any
26 district court of the United States and who, after sentence
27 for a crime in Illinois, must return to serve the unexpired
28 prior sentence may have his sentence by the Illinois court
29 ordered to be concurrent with the prior sentence in the other
30 state. The court may order that any time served on the
31 unexpired portion of the sentence in the other state, prior
32 to his return to Illinois, shall be credited on his Illinois
33 sentence. The other state shall be furnished with a copy of
34 the order imposing sentence which shall provide that, when
-31- LRB9114529DJcd
1 the offender is released from confinement of the other state,
2 whether by parole or by termination of sentence, the offender
3 shall be transferred by the Sheriff of the committing county
4 to the Illinois Department of Corrections. The court shall
5 cause the Department of Corrections to be notified of such
6 sentence at the time of commitment and to be provided with
7 copies of all records regarding the sentence.
8 (f) A defendant who has a previous and unexpired
9 sentence of imprisonment imposed by an Illinois circuit court
10 for a crime in this State and who is subsequently sentenced
11 to a term of imprisonment by another state or by any district
12 court of the United States and who has served a term of
13 imprisonment imposed by the other state or district court of
14 the United States, and must return to serve the unexpired
15 prior sentence imposed by the Illinois Circuit Court may
16 apply to the court which imposed sentence to have his
17 sentence reduced.
18 The circuit court may order that any time served on the
19 sentence imposed by the other state or district court of the
20 United States be credited on his Illinois sentence. Such
21 application for reduction of a sentence under this
22 subsection (f) shall be made within 30 days after the
23 defendant has completed the sentence imposed by the other
24 state or district court of the United States.
25 (Source: P.A. 90-396, eff. 1-1-98; 90-651, eff. 1-1-99;
26 91-279, eff. 1-1-00; 91-404, eff. 1-1-00; revised 10-14-99.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.