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91_SB0224ham002
LRB9100882WHdvam05
1 AMENDMENT TO SENATE BILL 224
2 AMENDMENT NO. . Amend Senate Bill 224 by replacing
3 everything above the enacting clause with the following:
4 "AN ACT to re-enact various criminal provisions of Public
5 Act 88-680 and to amend the Criminal Code of 1961 and the
6 Criminal Identification Act."; and
7 by replacing everything below the enacting clause with the
8 following:
9 "Section 1. Purpose.
10 (1) The General Assembly finds and declares that:
11 (i) Public Act 88-680, effective January 1, 1995,
12 contained provisions amending various criminal statutes.
13 Public Act 88-680 also contained other provisions.
14 (ii) In addition, Public Act 88-680 was entitled
15 "AN ACT to create a Safe Neighborhoods Law". (A) Article
16 5 was entitled JUVENILE JUSTICE and amended the Juvenile
17 Court Act of 1987. (B) Article 15 was entitled GANGS and
18 amended various provisions of the Criminal Code of 1961
19 and the Unified Code of Corrections. (C) Article 20 was
20 entitled ALCOHOL ABUSE and amended various provisions of
21 the Illinois Vehicle Code. (D) Article 25 was entitled
22 DRUG ABUSE and amended the Cannabis Control Act and the
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1 Illinois Controlled Substances Act. (E) Article 30 was
2 entitled FIREARMS and amended the Criminal Code of 1961
3 and the Code of Criminal Procedure of 1963. (F) Article
4 35 amended the Criminal Code of 1961, the Rights of Crime
5 Victims and Witnesses Act, and the Unified Code of
6 Corrections. (G) Article 40 amended the Criminal Code of
7 1961 to increase the penalty for compelling organization
8 membership of persons. (H) Article 45 created the Secure
9 Residential Youth Care Facility Licensing Act and amended
10 the State Finance Act, the Juvenile Court Act of 1987,
11 the Unified Code of Corrections, and the Private
12 Correctional Facility Moratorium Act. (I) Article 50
13 amended the WIC Vendor Management Act, the Firearm Owners
14 Identification Card Act, the Juvenile Court Act of 1987,
15 the Criminal Code of 1961, the Wrongs to Children Act,
16 and the Unified Code of Corrections.
17 (iii) On December 2, 1999, the Illinois Supreme
18 Court, in People v. Cervantes, Docket No. 87229, ruled
19 that Public Act 88-680 violates the single subject clause
20 of the Illinois Constitution (Article IV, Section 8 (d))
21 and was unconstitutional in its entirety.
22 (iv) The criminal provisions of Public Act 88-680
23 are of vital concern to the people of this State and
24 legislative action concerning various criminal provisions
25 of Public Act 88-680 is necessary.
26 (2) It is the purpose of this Act to re-enact various
27 criminal provisions (other than provisions relating to child
28 pornography and WIC Fraud that have been re-enacted by Public
29 Acts 91-54 and 91-155 and provisions amending Section 6 of
30 the Firearm Owners Identification Act) contained in Public
31 Act 88-680, including subsequent amendments. This
32 re-enactment is intended to remove any question as to the
33 validity or content of those provisions.
34 (3) This Act re-enacts various criminal provisions
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1 (other than provisions relating to child pornography and WIC
2 Fraud that have been re-enacted by Public Acts 91-54 and
3 91-155 and provisions amending Section 6 of the Firearm
4 Owners Identification Act) contained in Public Act 88-680,
5 including subsequent amendments, to remove any question as to
6 the validity or content of those provisions; it is not
7 intended to supersede any other Public Act that amends the
8 text of the Sections as set forth in this Act. The material
9 is shown as existing text (i.e., without underscoring),
10 except (i) for technical changes having a revisory function
11 and (ii) as provided in subsection (4).
12 (4) In addition to re-enacting Section 24-1 of the
13 Criminal Code of 1961, this Act amends that Section. This
14 Act also amends the Criminal Identification Act by changing
15 Section 5. The amendments are shown by underscoring and
16 striking text.
17 ARTICLE 15. GANGS
18 Section 15-5. The Criminal Code of 1961 is amended by
19 re-enacting Sections 12-6, 32-4, and 32-4a as follows:
20 (720 ILCS 5/12-6) (from Ch. 38, par. 12-6)
21 Sec. 12-6. Intimidation.
22 (a) A person commits intimidation when, with intent to
23 cause another to perform or to omit the performance of any
24 act, he communicates to another, whether in person, by
25 telephone or by mail, a threat to perform without lawful
26 authority any of the following acts:
27 (1) Inflict physical harm on the person threatened
28 or any other person or on property; or
29 (2) Subject any person to physical confinement or
30 restraint; or
31 (3) Commit any criminal offense; or
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1 (4) Accuse any person of an offense; or
2 (5) Expose any person to hatred, contempt or
3 ridicule; or
4 (6) Take action as a public official against anyone
5 or anything, or withhold official action, or cause such
6 action or withholding; or
7 (7) Bring about or continue a strike, boycott or
8 other collective action.
9 (b) Sentence.
10 Intimidation is a Class 3 felony for which an offender
11 may be sentenced to a term of imprisonment of not less than 2
12 years and not more than 10 years.
13 (Source: P.A. 88-680, eff. 1-1-95.)
14 (720 ILCS 5/32-4) (from Ch. 38, par. 32-4)
15 Sec. 32-4. Communicating with jurors and witnesses.
16 (a) A person who, with intent to influence any person
17 whom he believes has been summoned as a juror, regarding any
18 matter which is or may be brought before such juror,
19 communicates, directly or indirectly, with such juror
20 otherwise than as authorized by law commits a Class 4 felony.
21 (b) A person who, with intent to deter any party or
22 witness from testifying freely, fully and truthfully to any
23 matter pending in any court, or before a Grand Jury,
24 Administrative agency or any other State or local
25 governmental unit, forcibly detains such party or witness, or
26 communicates, directly or indirectly, to such party or
27 witness any knowingly false information or a threat of injury
28 or damage to the property or person of any individual or
29 offers or delivers or threatens to withhold money or another
30 thing of value to any individual commits a Class 3 felony.
31 (Source: P.A. 88-680, eff. 1-1-95; 89-377, eff. 8-18-95.)
32 (720 ILCS 5/32-4a) (from Ch. 38, par. 32-4a)
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1 Sec. 32-4a. Harassment of representatives for the child,
2 jurors, witnesses and family members of representatives for
3 the child, jurors, and witnesses.
4 (a) 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 (1) as a juror because of
7 the verdict returned by the jury in a pending legal
8 proceeding or the participation of the juror in the verdict
9 or (2) as a witness, or who may be expected to serve as a
10 witness in a pending legal proceeding, because of the
11 testimony or potential testimony of the witness, communicates
12 directly or indirectly with the juror, witness, or family
13 member of a juror or witness in such manner as to produce
14 mental anguish or emotional distress or who conveys a threat
15 of injury or damage to the property or person of any juror,
16 witness, or family member of the juror or witness commits a
17 Class 2 felony.
18 (b) A person who, with intent to harass or annoy one who
19 has served or is serving or who is a family member of a
20 person who has served or is serving as a representative for
21 the child, appointed under Section 506 of the Illinois
22 Marriage and Dissolution of Marriage Act, Section 12 of the
23 Uniform Child Custody Jurisdiction Act, or Section 2-502 of
24 the Code of Civil Procedure, because of the representative
25 service of that capacity, communicates directly or indirectly
26 with the representative or a family member of the
27 representative in such manner as to produce mental anguish or
28 emotional distress or who conveys a threat of injury or
29 damage to the property or person of any representative or a
30 family member of the representative commits a Class A
31 misdemeanor.
32 (c) For purposes of this Section, "family member" means
33 a spouse, parent, child, stepchild or other person related by
34 blood or by present marriage, a person who has, or allegedly
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1 has a child in common, and a person who shares or allegedly
2 shares a blood relationship through a child.
3 (Source: P.A. 89-686, eff. 6-1-97; 90-126, eff. 1-1-98.)
4 Section 15-15. The Unified Code of Corrections is
5 amended by re-enacting Sections 5-5-3.2, 5-6-3, and 5-6-3.1
6 as follows:
7 (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
8 Sec. 5-5-3.2. Factors in Aggravation.
9 (a) The following factors shall be accorded weight in
10 favor of imposing a term of imprisonment or may be considered
11 by the court as reasons to impose a more severe sentence
12 under Section 5-8-1:
13 (1) the defendant's conduct caused or threatened
14 serious harm;
15 (2) the defendant received compensation for
16 committing the offense;
17 (3) the defendant has a history of prior
18 delinquency or criminal activity;
19 (4) the defendant, by the duties of his office or
20 by his position, was obliged to prevent the particular
21 offense committed or to bring the offenders committing it
22 to justice;
23 (5) the defendant held public office at the time of
24 the offense, and the offense related to the conduct of
25 that office;
26 (6) the defendant utilized his professional
27 reputation or position in the community to commit the
28 offense, or to afford him an easier means of committing
29 it;
30 (7) the sentence is necessary to deter others from
31 committing the same crime;
32 (8) the defendant committed the offense against a
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1 person 60 years of age or older or such person's
2 property;
3 (9) the defendant committed the offense against a
4 person who is physically handicapped or such person's
5 property;
6 (10) by reason of another individual's actual or
7 perceived race, color, creed, religion, ancestry, gender,
8 sexual orientation, physical or mental disability, or
9 national origin, the defendant committed the offense
10 against (i) the person or property of that individual;
11 (ii) the person or property of a person who has an
12 association with, is married to, or has a friendship with
13 the other individual; or (iii) the person or property of
14 a relative (by blood or marriage) of a person described
15 in clause (i) or (ii). For the purposes of this Section,
16 "sexual orientation" means heterosexuality,
17 homosexuality, or bisexuality;
18 (11) the offense took place in a place of worship
19 or on the grounds of a place of worship, immediately
20 prior to, during or immediately following worship
21 services. For purposes of this subparagraph, "place of
22 worship" shall mean any church, synagogue or other
23 building, structure or place used primarily for religious
24 worship;
25 (12) the defendant was convicted of a felony
26 committed while he was released on bail or his own
27 recognizance pending trial for a prior felony and was
28 convicted of such prior felony, or the defendant was
29 convicted of a felony committed while he was serving a
30 period of probation, conditional discharge, or mandatory
31 supervised release under subsection (d) of Section 5-8-1
32 for a prior felony;
33 (13) the defendant committed or attempted to commit
34 a felony while he was wearing a bulletproof vest. For
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1 the purposes of this paragraph (13), a bulletproof vest
2 is any device which is designed for the purpose of
3 protecting the wearer from bullets, shot or other lethal
4 projectiles;
5 (14) the defendant held a position of trust or
6 supervision such as, but not limited to, family member as
7 defined in Section 12-12 of the Criminal Code of 1961,
8 teacher, scout leader, baby sitter, or day care worker,
9 in relation to a victim under 18 years of age, and the
10 defendant committed an offense in violation of Section
11 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
12 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
13 1961 against that victim;
14 (15) the defendant committed an offense related to
15 the activities of an organized gang. For the purposes of
16 this factor, "organized gang" has the meaning ascribed to
17 it in Section 10 of the Streetgang Terrorism Omnibus
18 Prevention Act;
19 (16) the defendant committed an offense in
20 violation of one of the following Sections while in a
21 school, regardless of the time of day or time of year; on
22 any conveyance owned, leased, or contracted by a school
23 to transport students to or from school or a school
24 related activity; on the real property of a school; or on
25 a public way within 1,000 feet of the real property
26 comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
27 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
28 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
29 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
30 1961;
31 (16.5) the defendant committed an offense in
32 violation of one of the following Sections while in a day
33 care center, regardless of the time of day or time of
34 year; on the real property of a day care center,
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1 regardless of the time of day or time of year; or on a
2 public way within 1,000 feet of the real property
3 comprising any day care center, regardless of the time of
4 day or time of year: Section 10-1, 10-2, 10-5, 11-15.1,
5 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
6 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
7 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
8 1961;
9 (17) the defendant committed the offense by reason
10 of any person's activity as a community policing
11 volunteer or to prevent any person from engaging in
12 activity as a community policing volunteer. For the
13 purpose of this Section, "community policing volunteer"
14 has the meaning ascribed to it in Section 2-3.5 of the
15 Criminal Code of 1961; or
16 (18) the defendant committed the offense in a
17 nursing home or on the real property comprising a nursing
18 home. For the purposes of this paragraph (18), "nursing
19 home" means a skilled nursing or intermediate long term
20 care facility that is subject to license by the Illinois
21 Department of Public Health under the Nursing Home Care
22 Act; or.
23 (19) (18) the defendant was a federally licensed
24 firearm dealer and was previously convicted of a
25 violation of subsection (a) of Section 3 of the Firearm
26 Owners Identification Card Act and has now committed
27 either a felony violation of the Firearm Owners
28 Identification Card Act or an act of armed violence while
29 armed with a firearm.
30 For the purposes of this Section:
31 "School" is defined as a public or private elementary or
32 secondary school, community college, college, or university.
33 "Day care center" means a public or private State
34 certified and licensed day care center as defined in Section
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1 2.09 of the Child Care Act of 1969 that displays a sign in
2 plain view stating that the property is a day care center.
3 (b) The following factors may be considered by the court
4 as reasons to impose an extended term sentence under Section
5 5-8-2 upon any offender:
6 (1) When a defendant is convicted of any felony,
7 after having been previously convicted in Illinois or any
8 other jurisdiction of the same or similar class felony or
9 greater class felony, when such conviction has occurred
10 within 10 years after the previous conviction, excluding
11 time spent in custody, and such charges are separately
12 brought and tried and arise out of different series of
13 acts; or
14 (2) When a defendant is convicted of any felony and
15 the court finds that the offense was accompanied by
16 exceptionally brutal or heinous behavior indicative of
17 wanton cruelty; or
18 (3) When a defendant is convicted of voluntary
19 manslaughter, second degree murder, involuntary
20 manslaughter or reckless homicide in which the defendant
21 has been convicted of causing the death of more than one
22 individual; or
23 (4) When a defendant is convicted of any felony
24 committed against:
25 (i) a person under 12 years of age at the time
26 of the offense or such person's property;
27 (ii) a person 60 years of age or older at the
28 time of the offense or such person's property; or
29 (iii) a person physically handicapped at the
30 time of the offense or such person's property; or
31 (5) In the case of a defendant convicted of
32 aggravated criminal sexual assault or criminal sexual
33 assault, when the court finds that aggravated criminal
34 sexual assault or criminal sexual assault was also
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1 committed on the same victim by one or more other
2 individuals, and the defendant voluntarily participated
3 in the crime with the knowledge of the participation of
4 the others in the crime, and the commission of the crime
5 was part of a single course of conduct during which there
6 was no substantial change in the nature of the criminal
7 objective; or
8 (6) When a defendant is convicted of any felony and
9 the offense involved any of the following types of
10 specific misconduct committed as part of a ceremony,
11 rite, initiation, observance, performance, practice or
12 activity of any actual or ostensible religious,
13 fraternal, or social group:
14 (i) the brutalizing or torturing of humans or
15 animals;
16 (ii) the theft of human corpses;
17 (iii) the kidnapping of humans;
18 (iv) the desecration of any cemetery,
19 religious, fraternal, business, governmental,
20 educational, or other building or property; or
21 (v) ritualized abuse of a child; or
22 (7) When a defendant is convicted of first degree
23 murder, after having been previously convicted in
24 Illinois of any offense listed under paragraph (c)(2) of
25 Section 5-5-3, when such conviction has occurred within
26 10 years after the previous conviction, excluding time
27 spent in custody, and such charges are separately brought
28 and tried and arise out of different series of acts; or
29 (8) When a defendant is convicted of a felony other
30 than conspiracy and the court finds that the felony was
31 committed under an agreement with 2 or more other persons
32 to commit that offense and the defendant, with respect to
33 the other individuals, occupied a position of organizer,
34 supervisor, financier, or any other position of
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1 management or leadership, and the court further finds
2 that the felony committed was related to or in
3 furtherance of the criminal activities of an organized
4 gang or was motivated by the defendant's leadership in an
5 organized gang; or
6 (9) When a defendant is convicted of a felony
7 violation of Section 24-1 of the Criminal Code of 1961
8 and the court finds that the defendant is a member of an
9 organized gang; or
10 (10) When a defendant committed the offense using a
11 firearm with a laser sight attached to it. For purposes
12 of this paragraph (10), "laser sight" has the meaning
13 ascribed to it in Section 24.6-5 of the Criminal Code of
14 1961; or.
15 (11) (10) When a defendant who was at least 17
16 years of age at the time of the commission of the offense
17 is convicted of a felony and has been previously
18 adjudicated a delinquent minor under the Juvenile Court
19 Act of 1987 for an act that if committed by an adult
20 would be a Class X or Class 1 felony when the conviction
21 has occurred within 10 years after the previous
22 adjudication, excluding time spent in custody.
23 (b-1) For the purposes of this Section, "organized gang"
24 has the meaning ascribed to it in Section 10 of the Illinois
25 Streetgang Terrorism Omnibus Prevention Act.
26 (c) The court may impose an extended term sentence under
27 Section 5-8-2 upon any offender who was convicted of
28 aggravated criminal sexual assault or predatory criminal
29 sexual assault of a child under subsection (a)(1) of Section
30 12-14.1 of the Criminal Code of 1961 where the victim was
31 under 18 years of age at the time of the commission of the
32 offense.
33 (d) The court may impose an extended term sentence under
34 Section 5-8-2 upon any offender who was convicted of unlawful
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1 use of weapons under Section 24-1 of the Criminal Code of
2 1961 for possessing a weapon that is not readily
3 distinguishable as one of the weapons enumerated in Section
4 24-1 of the Criminal Code of 1961.
5 (Source: P.A. 90-14, eff. 7-1-97; 90-651, eff. 1-1-99;
6 90-686, eff. 1-1-99; 91-119, eff. 1-1-00; 91-120, eff.
7 7-15-99; 91-252, eff. 1-1-00; 91-267, eff. 1-1-00; 91-268,
8 eff. 1-1-00; 91-357, eff. 7-29-99; 91-437, eff. 1-1-00;
9 revised 8-30-99.)
10 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
11 Sec. 5-6-3. Conditions of Probation and of Conditional
12 Discharge.
13 (a) The conditions of probation and of conditional
14 discharge shall be that the person:
15 (1) not violate any criminal statute of any
16 jurisdiction;
17 (2) report to or appear in person before such
18 person or agency as directed by the court;
19 (3) refrain from possessing a firearm or other
20 dangerous weapon;
21 (4) not leave the State without the consent of the
22 court or, in circumstances in which the reason for the
23 absence is of such an emergency nature that prior consent
24 by the court is not possible, without the prior
25 notification and approval of the person's probation
26 officer;
27 (5) permit the probation officer to visit him at
28 his home or elsewhere to the extent necessary to
29 discharge his duties;
30 (6) perform no less than 30 hours of community
31 service and not more than 120 hours of community service,
32 if community service is available in the jurisdiction and
33 is funded and approved by the county board where the
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1 offense was committed, where the offense was related to
2 or in furtherance of the criminal activities of an
3 organized gang and was motivated by the offender's
4 membership in or allegiance to an organized gang. The
5 community service shall include, but not be limited to,
6 the cleanup and repair of any damage caused by a
7 violation of Section 21-1.3 of the Criminal Code of 1961
8 and similar damage to property located within the
9 municipality or county in which the violation occurred.
10 When possible and reasonable, the community service
11 should be performed in the offender's neighborhood. For
12 purposes of this Section, "organized gang" has the
13 meaning ascribed to it in Section 10 of the Illinois
14 Streetgang Terrorism Omnibus Prevention Act;
15 (7) if he or she is at least 17 years of age and
16 has been sentenced to probation or conditional discharge
17 for a misdemeanor or felony in a county of 3,000,000 or
18 more inhabitants and has not been previously convicted of
19 a misdemeanor or felony, may be required by the
20 sentencing court to attend educational courses designed
21 to prepare the defendant for a high school diploma and to
22 work toward a high school diploma or to work toward
23 passing the high school level Test of General Educational
24 Development (GED) or to work toward completing a
25 vocational training program approved by the court. The
26 person on probation or conditional discharge must attend
27 a public institution of education to obtain the
28 educational or vocational training required by this
29 clause (7). The court shall revoke the probation or
30 conditional discharge of a person who wilfully fails to
31 comply with this clause (7). The person on probation or
32 conditional discharge shall be required to pay for the
33 cost of the educational courses or GED test, if a fee is
34 charged for those courses or test. The court shall
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1 resentence the offender whose probation or conditional
2 discharge has been revoked as provided in Section 5-6-4.
3 This clause (7) does not apply to a person who has a high
4 school diploma or has successfully passed the GED test.
5 This clause (7) does not apply to a person who is
6 determined by the court to be developmentally disabled or
7 otherwise mentally incapable of completing the
8 educational or vocational program; and
9 (8) if convicted of possession of a substance
10 prohibited by the Cannabis Control Act or Illinois
11 Controlled Substances Act after a previous conviction or
12 disposition of supervision for possession of a substance
13 prohibited by the Cannabis Control Act or Illinois
14 Controlled Substances Act or after a sentence of
15 probation under Section 10 of the Cannabis Control Act or
16 Section 410 of the Illinois Controlled Substances Act and
17 upon a finding by the court that the person is addicted,
18 undergo treatment at a substance abuse program approved
19 by the court.
20 (b) The Court may in addition to other reasonable
21 conditions relating to the nature of the offense or the
22 rehabilitation of the defendant as determined for each
23 defendant in the proper discretion of the Court require that
24 the person:
25 (1) serve a term of periodic imprisonment under
26 Article 7 for a period not to exceed that specified in
27 paragraph (d) of Section 5-7-1;
28 (2) pay a fine and costs;
29 (3) work or pursue a course of study or vocational
30 training;
31 (4) undergo medical, psychological or psychiatric
32 treatment; or treatment for drug addiction or alcoholism;
33 (5) attend or reside in a facility established for
34 the instruction or residence of defendants on probation;
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1 (6) support his dependents;
2 (7) and in addition, if a minor:
3 (i) reside with his parents or in a foster
4 home;
5 (ii) attend school;
6 (iii) attend a non-residential program for
7 youth;
8 (iv) contribute to his own support at home or
9 in a foster home;
10 (8) make restitution as provided in Section 5-5-6
11 of this Code;
12 (9) perform some reasonable public or community
13 service;
14 (10) serve a term of home confinement. In addition
15 to any other applicable condition of probation or
16 conditional discharge, the conditions of home confinement
17 shall be that the offender:
18 (i) remain within the interior premises of the
19 place designated for his confinement during the
20 hours designated by the court;
21 (ii) admit any person or agent designated by
22 the court into the offender's place of confinement
23 at any time for purposes of verifying the offender's
24 compliance with the conditions of his confinement;
25 and
26 (iii) if further deemed necessary by the court
27 or the Probation or Court Services Department, be
28 placed on an approved electronic monitoring device,
29 subject to Article 8A of Chapter V;
30 (iv) for persons convicted of any alcohol,
31 cannabis or controlled substance violation who are
32 placed on an approved monitoring device as a
33 condition of probation or conditional discharge, the
34 court shall impose a reasonable fee for each day of
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1 the use of the device, as established by the county
2 board in subsection (g) of this Section, unless
3 after determining the inability of the offender to
4 pay the fee, the court assesses a lesser fee or no
5 fee as the case may be. This fee shall be imposed in
6 addition to the fees imposed under subsections (g)
7 and (i) of this Section. The fee shall be collected
8 by the clerk of the circuit court. The clerk of the
9 circuit court shall pay all monies collected from
10 this fee to the county treasurer for deposit in the
11 substance abuse services fund under Section 5-1086.1
12 of the Counties Code; and
13 (v) for persons convicted of offenses other
14 than those referenced in clause (iv) above and who
15 are placed on an approved monitoring device as a
16 condition of probation or conditional discharge, the
17 court shall impose a reasonable fee for each day of
18 the use of the device, as established by the county
19 board in subsection (g) of this Section, unless
20 after determining the inability of the defendant to
21 pay the fee, the court assesses a lesser fee or no
22 fee as the case may be. This fee shall be imposed
23 in addition to the fees imposed under subsections
24 (g) and (i) of this Section. The fee shall be
25 collected by the clerk of the circuit court. The
26 clerk of the circuit court shall pay all monies
27 collected from this fee to the county treasurer who
28 shall use the monies collected to defray the costs
29 of corrections. The county treasurer shall deposit
30 the fee collected in the county working cash fund
31 under Section 6-27001 or Section 6-29002 of the
32 Counties Code, as the case may be.
33 (11) comply with the terms and conditions of an
34 order of protection issued by the court pursuant to the
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1 Illinois Domestic Violence Act of 1986, as now or
2 hereafter amended. A copy of the order of protection
3 shall be transmitted to the probation officer or agency
4 having responsibility for the case;
5 (12) reimburse any "local anti-crime program" as
6 defined in Section 7 of the Anti-Crime Advisory Council
7 Act for any reasonable expenses incurred by the program
8 on the offender's case, not to exceed the maximum amount
9 of the fine authorized for the offense for which the
10 defendant was sentenced;
11 (13) contribute a reasonable sum of money, not to
12 exceed the maximum amount of the fine authorized for the
13 offense for which the defendant was sentenced, to a
14 "local anti-crime program", as defined in Section 7 of
15 the Anti-Crime Advisory Council Act;
16 (14) refrain from entering into a designated
17 geographic area except upon such terms as the court finds
18 appropriate. Such terms may include consideration of the
19 purpose of the entry, the time of day, other persons
20 accompanying the defendant, and advance approval by a
21 probation officer, if the defendant has been placed on
22 probation or advance approval by the court, if the
23 defendant was placed on conditional discharge;
24 (15) refrain from having any contact, directly or
25 indirectly, with certain specified persons or particular
26 types of persons, including but not limited to members of
27 street gangs and drug users or dealers;
28 (16) refrain from having in his or her body the
29 presence of any illicit drug prohibited by the Cannabis
30 Control Act or the Illinois Controlled Substances Act,
31 unless prescribed by a physician, and submit samples of
32 his or her blood or urine or both for tests to determine
33 the presence of any illicit drug.
34 (c) The court may as a condition of probation or of
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1 conditional discharge require that a person under 18 years of
2 age found guilty of any alcohol, cannabis or controlled
3 substance violation, refrain from acquiring a driver's
4 license during the period of probation or conditional
5 discharge. If such person is in possession of a permit or
6 license, the court may require that the minor refrain from
7 driving or operating any motor vehicle during the period of
8 probation or conditional discharge, except as may be
9 necessary in the course of the minor's lawful employment.
10 (d) An offender sentenced to probation or to conditional
11 discharge shall be given a certificate setting forth the
12 conditions thereof.
13 (e) The court shall not require as a condition of the
14 sentence of probation or conditional discharge that the
15 offender be committed to a period of imprisonment in excess
16 of 6 months. This 6 month limit shall not include periods of
17 confinement given pursuant to a sentence of county impact
18 incarceration under Section 5-8-1.2.
19 Persons committed to imprisonment as a condition of
20 probation or conditional discharge shall not be committed to
21 the Department of Corrections.
22 (f) The court may combine a sentence of periodic
23 imprisonment under Article 7 or a sentence to a county impact
24 incarceration program under Article 8 with a sentence of
25 probation or conditional discharge.
26 (g) An offender sentenced to probation or to conditional
27 discharge and who during the term of either undergoes
28 mandatory drug or alcohol testing, or both, or is assigned to
29 be placed on an approved electronic monitoring device, shall
30 be ordered to pay all costs incidental to such mandatory drug
31 or alcohol testing, or both, and all costs incidental to such
32 approved electronic monitoring in accordance with the
33 defendant's ability to pay those costs. The county board
34 with the concurrence of the Chief Judge of the judicial
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1 circuit in which the county is located shall establish
2 reasonable fees for the cost of maintenance, testing, and
3 incidental expenses related to the mandatory drug or alcohol
4 testing, or both, and all costs incidental to approved
5 electronic monitoring, involved in a successful probation
6 program for the county. The concurrence of the Chief Judge
7 shall be in the form of an administrative order. The fees
8 shall be collected by the clerk of the circuit court. The
9 clerk of the circuit court shall pay all moneys collected
10 from these fees to the county treasurer who shall use the
11 moneys collected to defray the costs of drug testing, alcohol
12 testing, and electronic monitoring. The county treasurer
13 shall deposit the fees collected in the county working cash
14 fund under Section 6-27001 or Section 6-29002 of the Counties
15 Code, as the case may be.
16 (h) Jurisdiction over an offender may be transferred
17 from the sentencing court to the court of another circuit
18 with the concurrence of both courts, or to another state
19 under an Interstate Probation Reciprocal Agreement as
20 provided in Section 3-3-11. Further transfers or retransfers
21 of jurisdiction are also authorized in the same manner. The
22 court to which jurisdiction has been transferred shall have
23 the same powers as the sentencing court.
24 (i) The court shall impose upon an offender sentenced to
25 probation after January 1, 1989 or to conditional discharge
26 after January 1, 1992, as a condition of such probation or
27 conditional discharge, a fee of $25 for each month of
28 probation or conditional discharge supervision ordered by the
29 court, unless after determining the inability of the person
30 sentenced to probation or conditional discharge to pay the
31 fee, the court assesses a lesser fee. The court may not
32 impose the fee on a minor who is made a ward of the State
33 under the Juvenile Court Act of 1987 while the minor is in
34 placement. The fee shall be imposed only upon an offender who
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1 is actively supervised by the probation and court services
2 department. The fee shall be collected by the clerk of the
3 circuit court. The clerk of the circuit court shall pay all
4 monies collected from this fee to the county treasurer for
5 deposit in the probation and court services fund under
6 Section 15.1 of the Probation and Probation Officers Act.
7 (j) All fines and costs imposed under this Section for
8 any violation of Chapters 3, 4, 6, and 11 of the Illinois
9 Vehicle Code, or a similar provision of a local ordinance,
10 and any violation of the Child Passenger Protection Act, or a
11 similar provision of a local ordinance, shall be collected
12 and disbursed by the circuit clerk as provided under Section
13 27.5 of the Clerks of Courts Act.
14 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
15 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 91-325, eff.
16 7-29-99.)
17 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
18 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
19 (a) When a defendant is placed on supervision, the court
20 shall enter an order for supervision specifying the period of
21 such supervision, and shall defer further proceedings in the
22 case until the conclusion of the period.
23 (b) The period of supervision shall be reasonable under
24 all of the circumstances of the case, but may not be longer
25 than 2 years, unless the defendant has failed to pay the
26 assessment required by Section 10.3 of the Cannabis Control
27 Act or Section 411.2 of the Illinois Controlled Substances
28 Act, in which case the court may extend supervision beyond 2
29 years. Additionally, the court shall order the defendant to
30 perform no less than 30 hours of community service and not
31 more than 120 hours of community service, if community
32 service is available in the jurisdiction and is funded and
33 approved by the county board where the offense was committed,
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1 when the offense (1) was related to or in furtherance of the
2 criminal activities of an organized gang or was motivated by
3 the defendant's membership in or allegiance to an organized
4 gang; or (2) is a violation of any Section of Article 24 of
5 the Criminal Code of 1961 where a disposition of supervision
6 is not prohibited by Section 5-6-1 of this Code. The
7 community service shall include, but not be limited to, the
8 cleanup and repair of any damage caused by violation of
9 Section 21-1.3 of the Criminal Code of 1961 and similar
10 damages to property located within the municipality or county
11 in which the violation occurred. Where possible and
12 reasonable, the community service should be performed in the
13 offender's neighborhood.
14 For the purposes of this Section, "organized gang" has
15 the meaning ascribed to it in Section 10 of the Illinois
16 Streetgang Terrorism Omnibus Prevention Act.
17 (c) The court may in addition to other reasonable
18 conditions relating to the nature of the offense or the
19 rehabilitation of the defendant as determined for each
20 defendant in the proper discretion of the court require that
21 the person:
22 (1) make a report to and appear in person before or
23 participate with the court or such courts, person, or
24 social service agency as directed by the court in the
25 order of supervision;
26 (2) pay a fine and costs;
27 (3) work or pursue a course of study or vocational
28 training;
29 (4) undergo medical, psychological or psychiatric
30 treatment; or treatment for drug addiction or alcoholism;
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 (7) refrain from possessing a firearm or other
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1 dangerous weapon;
2 (8) and in addition, if a minor:
3 (i) reside with his parents or in a foster
4 home;
5 (ii) attend school;
6 (iii) attend a non-residential program for
7 youth;
8 (iv) contribute to his own support at home or
9 in a foster home; and
10 (9) make restitution or reparation in an amount not
11 to exceed actual loss or damage to property and pecuniary
12 loss or make restitution under Section 5-5-6 to a
13 domestic violence shelter. The court shall determine the
14 amount and conditions of payment;
15 (10) perform some reasonable public or community
16 service;
17 (11) comply with the terms and conditions of an
18 order of protection issued by the court pursuant to the
19 Illinois Domestic Violence Act of 1986. If the court has
20 ordered the defendant to make a report and appear in
21 person under paragraph (1) of this subsection, a copy of
22 the order of protection shall be transmitted to the
23 person or agency so designated by the court;
24 (12) reimburse any "local anti-crime program" as
25 defined in Section 7 of the Anti-Crime Advisory Council
26 Act for any reasonable expenses incurred by the program
27 on the offender's case, not to exceed the maximum amount
28 of the fine authorized for the offense for which the
29 defendant was sentenced;
30 (13) contribute a reasonable sum of money, not to
31 exceed the maximum amount of the fine authorized for the
32 offense for which the defendant was sentenced, to a
33 "local anti-crime program", as defined in Section 7 of
34 the Anti-Crime Advisory Council Act;
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1 (14) refrain from entering into a designated
2 geographic area except upon such terms as the court finds
3 appropriate. Such terms may include consideration of the
4 purpose of the entry, the time of day, other persons
5 accompanying the defendant, and advance approval by a
6 probation officer;
7 (15) refrain from having any contact, directly or
8 indirectly, with certain specified persons or particular
9 types of person, including but not limited to members of
10 street gangs and drug users or dealers;
11 (16) refrain from having in his or her body the
12 presence of any illicit drug prohibited by the Cannabis
13 Control Act or the Illinois Controlled Substances Act,
14 unless prescribed by a physician, and submit samples of
15 his or her blood or urine or both for tests to determine
16 the presence of any illicit drug;
17 (17) refrain from operating any motor vehicle not
18 equipped with an ignition interlock device as defined in
19 Section 1-129.1 of the Illinois Vehicle Code. Under this
20 condition the court may allow a defendant who is not
21 self-employed to operate a vehicle owned by the
22 defendant's employer that is not equipped with an
23 ignition interlock device in the course and scope of the
24 defendant's employment.
25 (d) The court shall defer entering any judgment on the
26 charges until the conclusion of the supervision.
27 (e) At the conclusion of the period of supervision, if
28 the court determines that the defendant has successfully
29 complied with all of the conditions of supervision, the court
30 shall discharge the defendant and enter a judgment dismissing
31 the charges.
32 (f) Discharge and dismissal upon a successful conclusion
33 of a disposition of supervision shall be deemed without
34 adjudication of guilt and shall not be termed a conviction
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1 for purposes of disqualification or disabilities imposed by
2 law upon conviction of a crime. Two years after the
3 discharge and dismissal under this Section, unless the
4 disposition of supervision was for a violation of Sections
5 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
6 Vehicle Code or a similar provision of a local ordinance, or
7 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
8 Code of 1961, in which case it shall be 5 years after
9 discharge and dismissal, a person may have his record of
10 arrest sealed or expunged as may be provided by law.
11 However, any defendant placed on supervision before January
12 1, 1980, may move for sealing or expungement of his arrest
13 record, as provided by law, at any time after discharge and
14 dismissal under this Section. A person placed on supervision
15 for a sexual offense committed against a minor as defined in
16 subsection (g) of Section 5 of the Criminal Identification
17 Act or for a violation of Section 11-501 of the Illinois
18 Vehicle Code or a similar provision of a local ordinance
19 shall not have his or her record of arrest sealed or
20 expunged.
21 (g) A defendant placed on supervision and who during the
22 period of supervision undergoes mandatory drug or alcohol
23 testing, or both, or is assigned to be placed on an approved
24 electronic monitoring device, shall be ordered to pay the
25 costs incidental to such mandatory drug or alcohol testing,
26 or both, and costs incidental to such approved electronic
27 monitoring in accordance with the defendant's ability to pay
28 those costs. The county board with the concurrence of the
29 Chief Judge of the judicial circuit in which the county is
30 located shall establish reasonable fees for the cost of
31 maintenance, testing, and incidental expenses related to the
32 mandatory drug or alcohol testing, or both, and all costs
33 incidental to approved electronic monitoring, of all
34 defendants placed on supervision. The concurrence of the
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1 Chief Judge shall be in the form of an administrative order.
2 The fees shall be collected by the clerk of the circuit
3 court. The clerk of the circuit court shall pay all moneys
4 collected from these fees to the county treasurer who shall
5 use the moneys collected to defray the costs of drug testing,
6 alcohol testing, and electronic monitoring. The county
7 treasurer shall deposit the fees collected in the county
8 working cash fund under Section 6-27001 or Section 6-29002 of
9 the Counties Code, as the case may be.
10 (h) A disposition of supervision is a final order for
11 the purposes of appeal.
12 (i) The court shall impose upon a defendant placed on
13 supervision after January 1, 1992, as a condition of
14 supervision, a fee of $25 for each month of supervision
15 ordered by the court, unless after determining the inability
16 of the person placed on supervision to pay the fee, the court
17 assesses a lesser fee. The court may not impose the fee on a
18 minor who is made a ward of the State under the Juvenile
19 Court Act of 1987 while the minor is in placement. The fee
20 shall be imposed only upon a defendant who is actively
21 supervised by the probation and court services department.
22 The fee shall be collected by the clerk of the circuit court.
23 The clerk of the circuit court shall pay all monies collected
24 from this fee to the county treasurer for deposit in the
25 probation and court services fund pursuant to Section 15.1 of
26 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 (k) A defendant at least 17 years of age who is placed
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1 on supervision for a misdemeanor in a county of 3,000,000 or
2 more inhabitants and who has not been previously convicted of
3 a misdemeanor or felony may as a condition of his or her
4 supervision be required by the court to attend educational
5 courses designed to prepare the defendant for a high school
6 diploma and to work toward a high school diploma or to work
7 toward passing the high school level Test of General
8 Educational Development (GED) or to work toward completing a
9 vocational training program approved by the court. The
10 defendant placed on supervision must attend a public
11 institution of education to obtain the educational or
12 vocational training required by this subsection (k). The
13 defendant placed on supervision shall be required to pay for
14 the cost of the educational courses or GED test, if a fee is
15 charged for those courses or test. The court shall revoke
16 the supervision of a person who wilfully fails to comply with
17 this subsection (k). The court shall resentence the
18 defendant upon revocation of supervision as provided in
19 Section 5-6-4. This subsection (k) does not apply to a
20 defendant who has a high school diploma or has successfully
21 passed the GED test. This subsection (k) does not apply to a
22 defendant who is determined by the court to be
23 developmentally disabled or otherwise mentally incapable of
24 completing the educational or vocational program.
25 (l) The court shall require a defendant placed on
26 supervision for possession of a substance prohibited by the
27 Cannabis Control Act or Illinois Controlled Substances Act
28 after a previous conviction or disposition of supervision for
29 possession of a substance prohibited by the Cannabis Control
30 Act or Illinois Controlled Substances Act or a sentence of
31 probation under Section 10 of the Cannabis Control Act or
32 Section 410 of the Illinois Controlled Substances Act and
33 after a finding by the court that the person is addicted, to
34 undergo treatment at a substance abuse program approved by
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1 the court.
2 (m) The court shall require a defendant placed on
3 supervision for a violation of Section 3-707 of the Illinois
4 Vehicle Code or a similar provision of a local ordinance, as
5 a condition of supervision, to give proof of his or her
6 financial responsibility as defined in Section 7-315 of the
7 Illinois Vehicle Code. The proof shall be maintained by the
8 defendant in a manner satisfactory to the Secretary of State
9 for a minimum period of one year after the date the proof is
10 first filed. The Secretary of State shall suspend the
11 driver's license of any person determined by the Secretary to
12 be in violation of this subsection.
13 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
14 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 90-784, eff.
15 1-1-99; 91-127, eff. 1-1-00.)
16 ARTICLE 20. ALCOHOL ABUSE
17 Section 20-900. The Illinois Vehicle Code is amended by
18 re-enacting Sections 6-303 and 11-501 as follows:
19 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
20 Sec. 6-303. Driving while driver's license, permit or
21 privilege to operate a motor vehicle is suspended or revoked.
22 (a) Any person who drives or is in actual physical
23 control of a motor vehicle on any highway of this State at a
24 time when such person's driver's license, permit or privilege
25 to do so or the privilege to obtain a driver's license or
26 permit is revoked or suspended as provided by this Code or
27 the law of another state, except as may be specifically
28 allowed by a judicial driving permit, family financial
29 responsibility driving permit, probationary license to drive,
30 or a restricted driving permit issued pursuant to this Code
31 or under the law of another state, shall be guilty of a Class
-29- LRB9100882WHdvam05
1 A misdemeanor.
2 (b) The Secretary of State upon receiving a report of
3 the conviction of any violation indicating a person was
4 operating a motor vehicle during the time when said person's
5 driver's license, permit or privilege was suspended by the
6 Secretary, by the appropriate authority of another state, or
7 pursuant to Section 11-501.1; except as may be specifically
8 allowed by a probationary license to drive, judicial driving
9 permit or restricted driving permit issued pursuant to this
10 Code or the law of another state; shall extend the suspension
11 for the same period of time as the originally imposed
12 suspension; however, if the period of suspension has then
13 expired, the Secretary shall be authorized to suspend said
14 person's driving privileges for the same period of time as
15 the originally imposed suspension; and if the conviction was
16 upon a charge which indicated that a vehicle was operated
17 during the time when the person's driver's license, permit or
18 privilege was revoked; except as may be allowed by a
19 restricted driving permit issued pursuant to this Code or the
20 law of another state; the Secretary shall not issue a
21 driver's license for an additional period of one year from
22 the date of such conviction indicating such person was
23 operating a vehicle during such period of revocation.
24 (c) Any person convicted of violating this Section shall
25 serve a minimum term of imprisonment of 7 consecutive days or
26 30 days of community service when the person's driving
27 privilege was revoked or suspended as a result of:
28 (1) a violation of Section 11-501 of this Code or a
29 similar provision of a local ordinance relating to the
30 offense of operating or being in physical control of a
31 vehicle while under the influence of alcohol, any other
32 drug or any combination thereof; or
33 (2) a violation of paragraph (b) of Section 11-401
34 of this Code or a similar provision of a local ordinance
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1 relating to the offense of leaving the scene of a motor
2 vehicle accident involving personal injury or death; or
3 (3) a violation of Section 9-3 of the Criminal Code
4 of 1961, as amended, relating to the offense of reckless
5 homicide; or
6 (4) a statutory summary suspension under Section
7 11-501.1 of this Code.
8 Such sentence of imprisonment or community service shall
9 not be subject to suspension in order to reduce such
10 sentence.
11 (d) Any person convicted of a second or subsequent
12 violation of this Section shall be guilty of a Class 4 felony
13 if the original revocation or suspension was for a violation
14 of Section 11-401 or 11-501 of this Code, or a similar
15 out-of-state offense, or a similar provision of a local
16 ordinance, a violation of Section 9-3 of the Criminal Code of
17 1961, relating to the offense of reckless homicide, or a
18 similar out-of-state offense, or a statutory summary
19 suspension under Section 11-501.1 of this Code.
20 (e) Any person in violation of this Section who is also
21 in violation of Section 7-601 of this Code relating to
22 mandatory insurance requirements, in addition to other
23 penalties imposed under this Section, shall have his or her
24 motor vehicle immediately impounded by the arresting law
25 enforcement officer. The motor vehicle may be released to
26 any licensed driver upon a showing of proof of insurance for
27 the vehicle that was impounded and the notarized written
28 consent for the release by the vehicle owner.
29 (f) For any prosecution under this Section, a certified
30 copy of the driving abstract of the defendant shall be
31 admitted as proof of any prior conviction.
32 (Source: P.A. 89-8, eff. 3-21-95; 89-92, eff. 7-1-96; 89-159,
33 eff. 1-1-96; 89-626, eff. 8-9-96; 90-400, eff. 8-15-97;
34 90-738, eff. 1-1-99.)
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1 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
2 Sec. 11-501. Driving while under the influence of
3 alcohol, other drug or drugs, intoxicating compound or
4 compounds or any combination thereof.
5 (a) A person shall not drive or be in actual physical
6 control of any vehicle within this State while:
7 (1) the alcohol concentration in the person's blood
8 or breath is 0.08 or more based on the definition of
9 blood and breath units in Section 11-501.2;
10 (2) under the influence of alcohol;
11 (3) under the influence of any intoxicating
12 compound or combination of intoxicating compounds to a
13 degree that renders the person incapable of driving
14 safely;
15 (4) under the influence of any other drug or
16 combination of drugs to a degree that renders the person
17 incapable of safely driving;
18 (5) under the combined influence of alcohol, other
19 drug or drugs, or intoxicating compound or compounds to a
20 degree that renders the person incapable of safely
21 driving; or
22 (6) there is any amount of a drug, substance, or
23 compound in the person's breath, blood, or urine
24 resulting from the unlawful use or consumption of
25 cannabis listed in the Cannabis Control Act, a controlled
26 substance listed in the Illinois Controlled Substances
27 Act, or an intoxicating compound listed in the Use of
28 Intoxicating Compounds Act.
29 (b) The fact that any person charged with violating this
30 Section is or has been legally entitled to use alcohol, other
31 drug or drugs, or intoxicating compound or compounds, or any
32 combination thereof, shall not constitute a defense against
33 any charge of violating this Section.
34 (c) Except as provided under paragraphs (c-3) and (d) of
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1 this Section, every person convicted of violating this
2 Section or a similar provision of a local ordinance, shall be
3 guilty of a Class A misdemeanor and, in addition to any other
4 criminal or administrative action, for any second conviction
5 of violating this Section or a similar provision of a law of
6 another state or local ordinance committed within 5 years of
7 a previous violation of this Section or a similar provision
8 of a local ordinance shall be mandatorily sentenced to a
9 minimum of 48 consecutive hours of imprisonment or assigned
10 to a minimum of 100 hours of community service as may be
11 determined by the court. Every person convicted of violating
12 this Section or a similar provision of a local ordinance
13 shall be subject to a mandatory minimum fine of $500 and a
14 mandatory 5 days of community service in a program benefiting
15 children if the person committed a violation of paragraph (a)
16 or a similar provision of a local ordinance while
17 transporting a person under age 16. Every person convicted a
18 second time for violating this Section or a similar provision
19 of a local ordinance within 5 years of a previous violation
20 of this Section or a similar provision of a law of another
21 state or local ordinance shall be subject to a mandatory
22 minimum fine of $500 and 10 days of mandatory community
23 service in a program benefiting children if the current
24 offense was committed while transporting a person under age
25 16. The imprisonment or assignment under this subsection
26 shall not be subject to suspension nor shall the person be
27 eligible for probation in order to reduce the sentence or
28 assignment.
29 (c-1) (1) A person who violates this Section during a
30 period in which his or her driving privileges are revoked
31 or suspended, where the revocation or suspension was for
32 a violation of this Section, Section 11-501.1, paragraph
33 (b) of Section 11-401, or Section 9-3 of the Criminal
34 Code of 1961 is guilty of a Class 4 felony.
-33- LRB9100882WHdvam05
1 (2) A person who violates this Section a third time
2 during a period in which his or her driving privileges
3 are revoked or suspended where the revocation or
4 suspension was for a violation of this Section, Section
5 11-501.1, paragraph (b) of Section 11-401, or Section 9-3
6 of the Criminal Code of 1961 is guilty of a Class 3
7 felony.
8 (3) A person who violates this Section a fourth or
9 subsequent time during a period in which his or her
10 driving privileges are revoked or suspended where the
11 revocation or suspension was for a violation of this
12 Section, Section 11-501.1, paragraph (b) of Section
13 11-401, or Section 9-3 of the Criminal Code of 1961 is
14 guilty of a Class 2 felony.
15 (c-2) (Blank).
16 (c-3) Every person convicted of violating this Section
17 or a similar provision of a local ordinance who had a child
18 under age 16 in the vehicle at the time of the offense shall
19 have his or her punishment under this Act enhanced by 2 days
20 of imprisonment for a first offense, 10 days of imprisonment
21 for a second offense, 30 days of imprisonment for a third
22 offense, and 90 days of imprisonment for a fourth or
23 subsequent offense, in addition to the fine and community
24 service required under subsection (c) and the possible
25 imprisonment required under subsection (d). The imprisonment
26 or assignment under this subsection shall not be subject to
27 suspension nor shall the person be eligible for probation in
28 order to reduce the sentence or assignment.
29 (d) (1) Every person convicted of committing a violation
30 of this Section shall be guilty of aggravated driving under
31 the influence of alcohol, other drug or drugs, or
32 intoxicating compound or compounds, or any combination
33 thereof if:
34 (A) the person committed a violation of this
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1 Section, or a similar provision of a law of another state
2 or a local ordinance when the cause of action is the same
3 as or substantially similar to this Section, for the
4 third or subsequent time;
5 (B) the person committed a violation of paragraph
6 (a) while driving a school bus with children on board;
7 (C) the person in committing a violation of
8 paragraph (a) was involved in a motor vehicle accident
9 that resulted in great bodily harm or permanent
10 disability or disfigurement to another, when the
11 violation was a proximate cause of the injuries; or
12 (D) the person committed a violation of paragraph
13 (a) for a second time and has been previously convicted
14 of violating Section 9-3 of the Criminal Code of 1961
15 relating to reckless homicide in which the person was
16 determined to have been under the influence of alcohol,
17 other drug or drugs, or intoxicating compound or
18 compounds as an element of the offense or the person has
19 previously been convicted under subparagraph (C) of this
20 paragraph (1).
21 (2) Aggravated driving under the influence of alcohol,
22 other drug or drugs, or intoxicating compound or compounds,
23 or any combination thereof is a Class 4 felony for which a
24 person, if sentenced to a term of imprisonment, shall be
25 sentenced to not less than one year and not more than 3 years
26 for a violation of subparagraph (A), (B) or (D) of paragraph
27 (1) of this subsection (d) and not less than one year and not
28 more than 12 years for a violation of subparagraph (C) of
29 paragraph (1) of this subsection (d). For any prosecution
30 under this subsection (d), a certified copy of the driving
31 abstract of the defendant shall be admitted as proof of any
32 prior conviction.
33 (e) After a finding of guilt and prior to any final
34 sentencing, or an order for supervision, for an offense based
-35- LRB9100882WHdvam05
1 upon an arrest for a violation of this Section or a similar
2 provision of a local ordinance, individuals shall be required
3 to undergo a professional evaluation to determine if an
4 alcohol, drug, or intoxicating compound abuse problem exists
5 and the extent of the problem. Programs conducting these
6 evaluations shall be licensed by the Department of Human
7 Services. The cost of any professional evaluation shall be
8 paid for by the individual required to undergo the
9 professional evaluation.
10 (f) Every person found guilty of violating this Section,
11 whose operation of a motor vehicle while in violation of this
12 Section proximately caused any incident resulting in an
13 appropriate emergency response, shall be liable for the
14 expense of an emergency response as provided under Section
15 5-5-3 of the Unified Code of Corrections.
16 (g) The Secretary of State shall revoke the driving
17 privileges of any person convicted under this Section or a
18 similar provision of a local ordinance.
19 (h) Every person sentenced under subsection (d) of this
20 Section and who receives a term of probation or conditional
21 discharge shall be required to serve a minimum term of either
22 30 days community service or, beginning July 1, 1993, 48
23 consecutive hours of imprisonment as a condition of the
24 probation or conditional discharge. This mandatory minimum
25 term of imprisonment or assignment of community service shall
26 not be suspended and shall not be subject to reduction by the
27 court.
28 (i) The Secretary of State may use ignition interlock
29 device requirements when granting driving relief to
30 individuals who have been arrested for a second or subsequent
31 offense of this Section or a similar provision of a local
32 ordinance. The Secretary shall establish by rule and
33 regulation the procedures for use of the interlock system.
34 (j) In addition to any other penalties and liabilities,
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1 a person who is found guilty of violating this Section shall
2 be fined $100, payable to the circuit clerk, who shall
3 distribute the money to the law enforcement agency that made
4 the arrest. In the event that more than one agency is
5 responsible for the arrest, the $100 shall be shared equally.
6 Any moneys received by a law enforcement agency under this
7 subsection (j) shall be used to purchase law enforcement
8 equipment that will assist in the prevention of alcohol
9 related criminal violence throughout the State. This shall
10 include, but is not limited to, in-car video cameras, radar
11 and laser speed detection devices, and alcohol breath
12 testers.
13 (Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97;
14 90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff.
15 1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357,
16 eff. 7-29-99.)
17 ARTICLE 25. DRUG ABUSE
18 Section 25-10. The Cannabis Control Act is amended by
19 re-enacting Section 10 as follows:
20 (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
21 Sec. 10. (a) Whenever any person who has not previously
22 been convicted of, or placed on probation or court
23 supervision for, any offense under this Act or any law of the
24 United States or of any State relating to cannabis, or
25 controlled substances as defined in the Illinois Controlled
26 Substances Act, pleads guilty to or is found guilty of
27 violating Sections 4 (a), 4 (b), 4 (c), 5 (a), 5 (b), 5 (c)
28 or 8 of this Act, the court may, without entering a judgment
29 and with the consent of such person, sentence him to
30 probation.
31 (b) When a person is placed on probation, the court
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1 shall enter an order specifying a period of probation of 24
2 months, and shall defer further proceedings in the case until
3 the conclusion of the period or until the filing of a
4 petition alleging violation of a term or condition of
5 probation.
6 (c) The conditions of probation shall be that the
7 person: (1) not violate any criminal statute of any
8 jurisdiction; (2) refrain from possession of a firearm or
9 other dangerous weapon; (3) submit to periodic drug testing
10 at a time and in a manner as ordered by the court, but no
11 less than 3 times during the period of the probation, with
12 the cost of the testing to be paid by the probationer; and
13 (4) perform no less than 30 hours of community service,
14 provided community service is available in the jurisdiction
15 and is funded and approved by the county board.
16 (d) The court may, in addition to other conditions,
17 require that the person:
18 (1) make a report to and appear in person before or
19 participate with the court or such courts, person, or
20 social service agency as directed by the court in the
21 order of probation;
22 (2) pay a fine and costs;
23 (3) work or pursue a course of study or vocational
24 training;
25 (4) undergo medical or psychiatric treatment; or
26 treatment for drug addiction or alcoholism;
27 (5) attend or reside in a facility established for
28 the instruction or residence of defendants on probation;
29 (6) support his dependents;
30 (7) refrain from possessing a firearm or other
31 dangerous weapon;
32 (7-5) refrain from having in his or her body the
33 presence of any illicit drug prohibited by the Cannabis
34 Control Act or the Illinois Controlled Substances Act,
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1 unless prescribed by a physician, and submit samples of
2 his or her blood or urine or both for tests to determine
3 the presence of any illicit drug;
4 (8) and in addition, if a minor:
5 (i) reside with his parents or in a foster
6 home;
7 (ii) attend school;
8 (iii) attend a non-residential program for
9 youth;
10 (iv) contribute to his own support at home or
11 in a foster home.
12 (e) Upon violation of a term or condition of probation,
13 the court may enter a judgment on its original finding of
14 guilt and proceed as otherwise provided.
15 (f) Upon fulfillment of the terms and conditions of
16 probation, the court shall discharge such person and dismiss
17 the proceedings against him.
18 (g) A disposition of probation is considered to be a
19 conviction for the purposes of imposing the conditions of
20 probation and for appeal, however, discharge and dismissal
21 under this Section is not a conviction for purposes of
22 disqualification or disabilities imposed by law upon
23 conviction of a crime (including the additional penalty
24 imposed for subsequent offenses under Section 4 (c), 4 (d), 5
25 (c) or 5 (d) of this Act).
26 (h) Discharge and dismissal under this Section or under
27 Section 410 of the Illinois Controlled Substances Act may
28 occur only once with respect to any person.
29 (i) If a person is convicted of an offense under this
30 Act or the Illinois Controlled Substances Act within 5 years
31 subsequent to a discharge and dismissal under this Section,
32 the discharge and dismissal under this Section shall be
33 admissible in the sentencing proceeding for that conviction
34 as a factor in aggravation.
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1 (Source: P.A. 88-510; 88-680, eff. 1-1-95.)
2 Section 25-15. The Illinois Controlled Substances Act is
3 amended by re-enacting Section 410 as follows:
4 (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
5 Sec. 410. (a) Whenever any person who has not previously
6 been convicted of, or placed on probation or court
7 supervision for any offense under this Act or any law of the
8 United States or of any State relating to cannabis or
9 controlled substances, pleads guilty to or is found guilty of
10 possession of a controlled or counterfeit substance under
11 subsection (c) of Section 402, the court, without entering a
12 judgment and with the consent of such person, may sentence
13 him to probation.
14 (b) When a person is placed on probation, the court
15 shall enter an order specifying a period of probation of 24
16 months and shall defer further proceedings in the case until
17 the conclusion of the period or until the filing of a
18 petition alleging violation of a term or condition of
19 probation.
20 (c) The conditions of probation shall be that the
21 person: (1) not violate any criminal statute of any
22 jurisdiction; (2) refrain from possessing a firearm or other
23 dangerous weapon; (3) submit to periodic drug testing at a
24 time and in a manner as ordered by the court, but no less
25 than 3 times during the period of the probation, with the
26 cost of the testing to be paid by the probationer; and (4)
27 perform no less than 30 hours of community service, provided
28 community service is available in the jurisdiction and is
29 funded and approved by the county board.
30 (d) The court may, in addition to other conditions,
31 require that the person:
32 (1) make a report to and appear in person before or
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1 participate with the court or such courts, person, or
2 social service agency as directed by the court in the
3 order of probation;
4 (2) pay a fine and costs;
5 (3) work or pursue a course of study or vocational
6 training;
7 (4) undergo medical or psychiatric treatment; or
8 treatment or rehabilitation approved by the Illinois
9 Department of Human Services;
10 (5) attend or reside in a facility established for
11 the instruction or residence of defendants on probation;
12 (6) support his dependents;
13 (6-5) refrain from having in his or her body the
14 presence of any illicit drug prohibited by the Cannabis
15 Control Act or the Illinois Controlled Substances Act,
16 unless prescribed by a physician, and submit samples of
17 his or her blood or urine or both for tests to determine
18 the presence of any illicit drug;
19 (7) 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.
27 (e) Upon violation of a term or condition of probation,
28 the court may enter a judgment on its original finding of
29 guilt and proceed as otherwise provided.
30 (f) Upon fulfillment of the terms and conditions of
31 probation, the court shall discharge the person and dismiss
32 the proceedings against him.
33 (g) A disposition of probation is considered to be a
34 conviction for the purposes of imposing the conditions of
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1 probation and for appeal, however, discharge and dismissal
2 under this Section is not a conviction for purposes of this
3 Act or for purposes of disqualifications or disabilities
4 imposed by law upon conviction of a crime.
5 (h) There may be only one discharge and dismissal under
6 this Section or Section 10 of the Cannabis Control Act with
7 respect to any person.
8 (i) If a person is convicted of an offense under this
9 Act or the Cannabis Control Act within 5 years subsequent to
10 a discharge and dismissal under this Section, the discharge
11 and dismissal under this Section shall be admissible in the
12 sentencing proceeding for that conviction as evidence in
13 aggravation.
14 (Source: P.A. 88-510; 88-680, eff. 1-1-95; 89-507, eff.
15 7-1-97.)
16 ARTICLE 30. FIREARMS
17 Section 30-905. The Criminal Code of 1961 is amended by
18 re-enacting Sections 24-3A, 24-5, 24-6, and 32-10 as follows:
19 (720 ILCS 5/24-3A)
20 Sec. 24-3A. Gunrunning.
21 (a) A person commits gunrunning when he or she transfers
22 3 or more firearms in violation of any of the paragraphs of
23 Section 24-3 of this Code.
24 (b) Sentence. A person who commits gunrunning is guilty
25 of a Class 1 felony. A person who commits gunrunning by
26 transferring firearms to a person who, at the time of the
27 commission of the offense, is under 18 years of age is guilty
28 of a Class X felony.
29 (Source: P.A. 91-13, eff. 1-1-00.)
30 (720 ILCS 5/24-5) (from Ch. 38, par. 24-5)
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1 Sec. 24-5. Defacing identification marks of firearms.
2 (a) Any person who shall knowingly or intentionally
3 change, alter, remove or obliterate the name of the maker,
4 model, manufacturer's number or other mark of identification
5 of any firearm commits a Class 2 felony.
6 (b) Possession of any firearm upon which any such mark
7 shall have been changed, altered, removed or obliterated
8 shall be prima facie evidence that the possessor has changed,
9 altered, removed or obliterated the same.
10 (Source: P.A. 88-680, eff. 1-1-95.)
11 (720 ILCS 5/24-6) (from Ch. 38, par. 24-6)
12 Sec. 24-6. Confiscation and disposition of weapons.
13 (a) Upon conviction of an offense in which a weapon was
14 used or possessed by the offender, any weapon seized shall be
15 confiscated by the trial court.
16 (b) Any stolen weapon so confiscated, when no longer
17 needed for evidentiary purposes, shall be returned to the
18 person entitled to possession, if known. After the
19 disposition of a criminal case or in any criminal case where
20 a final judgment in the case was not entered due to the death
21 of the defendant, and when a confiscated weapon is no longer
22 needed for evidentiary purposes, and when in due course no
23 legitimate claim has been made for the weapon, the court may
24 transfer the weapon to the sheriff of the county who may
25 proceed to destroy it, or may in its discretion order the
26 weapon preserved as property of the governmental body whose
27 police agency seized the weapon, or may in its discretion
28 order the weapon to be transferred to the Department of State
29 Police for use by the crime laboratory system, for training
30 purposes, or for any other application as deemed appropriate
31 by the Department. If, after the disposition of a criminal
32 case, a need still exists for the use of the confiscated
33 weapon for evidentiary purposes, the court may transfer the
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1 weapon to the custody of the State Department of Corrections
2 for preservation. The court may not order the transfer of
3 the weapon to any private individual or private organization
4 other than to return a stolen weapon to its rightful owner.
5 The provisions of this Section shall not apply to
6 violations of the Fish and Aquatic Life Code or the Wildlife
7 Code. Confiscation of weapons for Fish and Aquatic Life Code
8 and Wildlife Code violations shall be only as provided in
9 those Codes.
10 (c) Any mental hospital that admits a person as an
11 inpatient pursuant to any of the provisions of the Mental
12 Health and Developmental Disabilities Code shall confiscate
13 any firearms in the possession of that person at the time of
14 admission, or at any time the firearms are discovered in the
15 person's possession during the course of hospitalization. The
16 hospital shall, as soon as possible following confiscation,
17 transfer custody of the firearms to the appropriate law
18 enforcement agency. The hospital shall give written notice to
19 the person from whom the firearm was confiscated of the
20 identity and address of the law enforcement agency to which
21 it has given the firearm.
22 The law enforcement agency shall maintain possession of
23 any firearm it obtains pursuant to this subsection for a
24 minimum of 90 days. Thereafter, the firearm may be disposed
25 of pursuant to the provisions of subsection (b) of this
26 Section.
27 (Source: P.A. 87-464; 87-895; 88-352; 88-680, eff. 1-1-95.)
28 (720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
29 Sec. 32-10. Violation of bail bond.
30 (a) Whoever, having been admitted to bail for appearance
31 before any court of this State, incurs a forfeiture of the
32 bail and willfully fails to surrender himself within 30 days
33 following the date of such forfeiture, commits, if the bail
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1 was given in connection with a charge of felony or pending
2 appeal or certiorari after conviction of any offense, a
3 felony of the next lower Class or a Class A misdemeanor if
4 the underlying offense was a Class 4 felony; or, if the bail
5 was given in connection with a charge of committing a
6 misdemeanor, or for appearance as a witness, commits a
7 misdemeanor of the next lower Class, but not less than a
8 Class C misdemeanor.
9 (a-5) Any person who violates a condition of bail bond
10 by possessing a firearm in violation of his or her conditions
11 of bail commits a Class 4 felony for a first violation and a
12 Class 3 felony for a second violation.
13 (b) Whoever, having been admitted to bail for appearance
14 before any court of this State, while charged with a criminal
15 offense in which the victim is a family or household member
16 as defined in Article 112A of the Code of Criminal Procedure
17 of 1963, knowingly violates a condition of that release as
18 set forth in Section 110-10, subsection (d) of the Code of
19 Criminal Procedure of 1963, commits a Class A misdemeanor.
20 (c) Whoever, having been admitted to bail for appearance
21 before any court of this State for a felony, Class A
22 misdemeanor or a criminal offense in which the victim is a
23 family or household member as defined in Article 112A of the
24 Code of Criminal Procedure of 1963, is charged with any other
25 felony, Class A misdemeanor, or a criminal offense in which
26 the victim is a family or household member as defined in
27 Article 112A of the Code of Criminal Procedure of 1963 while
28 on such release, must appear before the court before bail is
29 statutorily set.
30 (d) Nothing in this Section shall interfere with or
31 prevent the exercise by any court of its power to punishment
32 for contempt. Any sentence imposed for violation of this
33 Section shall be served consecutive to the sentence imposed
34 for the charge for which bail had been granted and with
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1 respect to which the defendant has been convicted.
2 (Source: P.A. 88-430; 88-680, eff. 1-1-95; 89-203, eff.
3 7-21-95.)
4 Section 15-910. The Code of Criminal Procedure of 1963
5 is amended by re-enacting Section 110-10 as follows:
6 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
7 Sec. 110-10. Conditions of bail bond.
8 (a) If a person is released prior to conviction, either
9 upon payment of bail security or on his or her own
10 recognizance, the conditions of the bail bond shall be that
11 he or she will:
12 (1) Appear to answer the charge in the court having
13 jurisdiction on a day certain and thereafter as ordered
14 by the court until discharged or final order of the
15 court;
16 (2) Submit himself or herself to the orders and
17 process of the court;
18 (3) Not depart this State without leave of the
19 court;
20 (4) Not violate any criminal statute of any
21 jurisdiction;
22 (5) At a time and place designated by the court,
23 surrender all firearms in his or her possession to a law
24 enforcement officer designated by the court to take
25 custody of and impound the firearms when the offense the
26 person has been charged with is a forcible felony,
27 stalking, aggravated stalking, domestic battery, any
28 violation of either the Illinois Controlled Substances
29 Act or the Cannabis Control Act that is classified as a
30 Class 2 or greater felony, or any felony violation of
31 Article 24 of the Criminal Code of 1961; the court may,
32 however, forgo forego the imposition of this condition
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1 when the circumstances of the case clearly do not warrant
2 it or when its imposition would be impractical; all
3 legally possessed firearms shall be returned to the
4 person upon that person completing a sentence for a
5 conviction on a misdemeanor domestic battery, upon the
6 charges being dismissed, or if the person is found not
7 guilty, unless the finding of not guilty is by reason of
8 insanity; and
9 (6) At a time and place designated by the court,
10 submit to a psychological evaluation when the person has
11 been charged with a violation of item (4) of subsection
12 (a) of Section 24-1 of the Criminal Code of 1961 and that
13 violation occurred in a school or in any conveyance
14 owned, leased, or contracted by a school to transport
15 students to or from school or a school-related activity,
16 or on any public way within 1,000 feet of real property
17 comprising any school.
18 Psychological evaluations ordered pursuant to this
19 Section shall be completed promptly and made available to the
20 State, the defendant, and the court. As a further condition
21 of bail under these circumstances, the court shall order the
22 defendant to refrain from entering upon the property of the
23 school, including any conveyance owned, leased, or contracted
24 by a school to transport students to or from school or a
25 school-related activity, or on any public way within 1,000
26 feet of real property comprising any school. Upon receipt of
27 the psychological evaluation, either the State or the
28 defendant may request a change in the conditions of bail,
29 pursuant to Section 110-6 of this Code. The court may change
30 the conditions of bail to include a requirement that the
31 defendant follow the recommendations of the psychological
32 evaluation, including undergoing psychiatric treatment. The
33 conclusions of the psychological evaluation and any
34 statements elicited from the defendant during its
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1 administration are not admissible as evidence of guilt during
2 the course of any trial on the charged offense, unless the
3 defendant places his or her mental competency in issue.
4 (b) The court may impose other conditions, such as the
5 following, if the court finds that such conditions are
6 reasonably necessary to assure the defendant's appearance in
7 court, protect the public from the defendant, or prevent the
8 defendant's unlawful interference with the orderly
9 administration of justice:
10 (1) Report to or appear in person before such
11 person or agency as the court may direct;
12 (2) Refrain from possessing a firearm or other
13 dangerous weapon;
14 (3) Refrain from approaching or communicating with
15 particular persons or classes of persons;
16 (4) Refrain from going to certain described
17 geographical areas or premises;
18 (5) Refrain from engaging in certain activities or
19 indulging in intoxicating liquors or in certain drugs;
20 (6) Undergo treatment for drug addiction or
21 alcoholism;
22 (7) Undergo medical or psychiatric treatment;
23 (8) Work or pursue a course of study or vocational
24 training;
25 (9) Attend or reside in a facility designated by
26 the court;
27 (10) Support his or her dependents;
28 (11) If a minor resides with his or her parents or
29 in a foster home, attend school, attend a non-residential
30 program for youths, and contribute to his or her own
31 support at home or in a foster home;
32 (12) Observe any curfew ordered by the court;
33 (13) Remain in the custody of such designated
34 person or organization agreeing to supervise his release.
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1 Such third party custodian shall be responsible for
2 notifying the court if the defendant fails to observe the
3 conditions of release which the custodian has agreed to
4 monitor, and shall be subject to contempt of court for
5 failure so to notify the court;
6 (14) Be placed under direct supervision of the
7 Pretrial Services Agency, Probation Department or Court
8 Services Department in a pretrial bond home supervision
9 capacity with or without the use of an approved
10 electronic monitoring device subject to Article 8A of
11 Chapter V of the Unified Code of Corrections; or
12 (14.1) The court shall impose upon a defendant who
13 is charged with any alcohol, cannabis or controlled
14 substance violation and is placed under direct
15 supervision of the Pretrial Services Agency, Probation
16 Department or Court Services Department in a pretrial
17 bond home supervision capacity with the use of an
18 approved monitoring device, as a condition of such bail
19 bond, a fee that represents costs incidental to the
20 electronic monitoring for each day of such bail
21 supervision ordered by the court, unless after
22 determining the inability of the defendant to pay the
23 fee, the court assesses a lesser fee or no fee as the
24 case may be. The fee shall be collected by the clerk of
25 the circuit court. The clerk of the circuit court shall
26 pay all monies collected from this fee to the county
27 treasurer for deposit in the substance abuse services
28 fund under Section 5-1086.1 of the Counties Code;
29 (14.2) The court shall impose upon all defendants,
30 including those defendants subject to paragraph (14.1)
31 above, placed under direct supervision of the Pretrial
32 Services Agency, Probation Department or Court Services
33 Department in a pretrial bond home supervision capacity
34 with the use of an approved monitoring device, as a
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1 condition of such bail bond, a fee which shall represent
2 costs incidental to such electronic monitoring for each
3 day of such bail supervision ordered by the court, unless
4 after determining the inability of the defendant to pay
5 the fee, the court assesses a lesser fee or no fee as the
6 case may be. The fee shall be collected by the clerk of
7 the circuit court. The clerk of the circuit court shall
8 pay all monies collected from this fee to the county
9 treasurer who shall use the monies collected to defray
10 the costs of corrections. The county treasurer shall
11 deposit the fee collected in the county working cash fund
12 under Section 6-27001 or Section 6-29002 of the Counties
13 Code, as the case may be;
14 (15) Comply with the terms and conditions of an
15 order of protection issued by the court under the
16 Illinois Domestic Violence Act of 1986;
17 (16) Under Section 110-6.5 comply with the
18 conditions of the drug testing program; and
19 (17) Such other reasonable conditions as the court
20 may impose.
21 (c) When a person is charged with an offense under
22 Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
23 "Criminal Code of 1961", involving a victim who is a minor
24 under 18 years of age living in the same household with the
25 defendant at the time of the offense, in granting bail or
26 releasing the defendant on his own recognizance, the judge
27 shall impose conditions to restrict the defendant's access to
28 the victim which may include, but are not limited to
29 conditions that he will:
30 1. Vacate the Household.
31 2. Make payment of temporary support to his
32 dependents.
33 3. Refrain from contact or communication with the
34 child victim, except as ordered by the court.
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1 (d) When a person is charged with a criminal offense and
2 the victim is a family or household member as defined in
3 Article 112A, conditions shall be imposed at the time of the
4 defendant's release on bond that restrict the defendant's
5 access to the victim. Unless provided otherwise by the court,
6 the restrictions shall include requirements that the
7 defendant do the following:
8 (1) refrain from contact or communication with the
9 victim for a minimum period of 72 hours following the
10 defendant's release; and
11 (2) refrain from entering or remaining at the
12 victim's residence for a minimum period of 72 hours
13 following the defendant's release.
14 (e) Local law enforcement agencies shall develop
15 standardized bond forms for use in cases involving family or
16 household members as defined in Article 112A, including
17 specific conditions of bond as provided in subsection (d).
18 Failure of any law enforcement department to develop or use
19 those forms shall in no way limit the applicability and
20 enforcement of subsections (d) and (f).
21 (f) If the defendant is admitted to bail after
22 conviction the conditions of the bail bond shall be that he
23 will, in addition to the conditions set forth in subsections
24 (a) and (b) hereof:
25 (1) Duly prosecute his appeal;
26 (2) Appear at such time and place as the court may
27 direct;
28 (3) Not depart this State without leave of the
29 court;
30 (4) Comply with such other reasonable conditions as
31 the court may impose; and,
32 (5) If the judgment is affirmed or the cause
33 reversed and remanded for a new trial, forthwith
34 surrender to the officer from whose custody he was
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1 bailed.
2 (Source: P.A. 90-399, eff. 1-1-98; 91-11, eff. 6-4-99;
3 91-312, eff. 1-1-00; revised 10-15-99.)
4 ARTICLE 35
5 Section 35-5. The Criminal Code of 1961 is amended by
6 re-enacting Sections 8-4, 12-4.2, and 24-1.2 as follows:
7 (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
8 Sec. 8-4. Attempt.
9 (a) Elements of the Offense.
10 A person commits an attempt when, with intent to commit a
11 specific offense, he does any act which constitutes a
12 substantial step toward the commission of that offense.
13 (b) Impossibility.
14 It shall not be a defense to a charge of attempt that
15 because of a misapprehension of the circumstances it would
16 have been impossible for the accused to commit the offense
17 attempted.
18 (c) Sentence.
19 A person convicted of an attempt may be fined or
20 imprisoned or both not to exceed the maximum provided for the
21 offense attempted but, except for an attempt to commit the
22 offense defined in Section 33A-2 of this Act,
23 (1) the sentence for attempt to commit first degree
24 murder is the sentence for a Class X felony, except that
25 (A) an attempt to commit first degree murder
26 when at least one of the aggravating factors
27 specified in paragraphs (1), (2) and (12) of
28 subsection (b) of Section 9-1 is present is a Class
29 X felony for which the sentence shall be a term of
30 imprisonment of not less than 20 years and not more
31 than 80 years;
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1 (B) an attempt to commit first degree murder
2 while armed with a firearm is a Class X felony for
3 which 15 years shall be added to the term of
4 imprisonment imposed by the court;
5 (C) an attempt to commit first degree murder
6 during which the person personally discharged a
7 firearm is a Class X felony for which 20 years shall
8 be added to the term of imprisonment imposed by the
9 court;
10 (D) an attempt to commit first degree murder
11 during which the person personally discharged a
12 firearm that proximately caused great bodily harm,
13 permanent disability, permanent disfigurement, or
14 death to another person, is a Class X felony for
15 which 25 years or up to a term of natural life shall
16 be added to the term of imprisonment imposed by the
17 court.
18 (2) the sentence for attempt to commit a Class X
19 felony is the sentence for a Class 1 felony;
20 (3) the sentence for attempt to commit a Class 1
21 felony is the sentence for a Class 2 felony;
22 (4) the sentence for attempt to commit a Class 2
23 felony is the sentence for a Class 3 felony; and
24 (5) the sentence for attempt to commit any felony
25 other than those specified in Subsections (1), (2), (3)
26 and (4) hereof is the sentence for a Class A misdemeanor.
27 (Source: P.A. 91-404, eff. 1-1-00.)
28 (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2)
29 Sec. 12-4.2. Aggravated Battery with a firearm.
30 (a) A person commits aggravated battery with a firearm
31 when he, in committing a battery, knowingly or intentionally
32 by means of the discharging of a firearm (1) causes any
33 injury to another person, or (2) causes any injury to a
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1 person he knows to be a peace officer, a community policing
2 volunteer, a correctional institution employee or a fireman
3 while the officer, volunteer, employee or fireman is engaged
4 in the execution of any of his official duties, or to prevent
5 the officer, volunteer, employee or fireman from performing
6 his official duties, or in retaliation for the officer,
7 volunteer, employee or fireman performing his official
8 duties, or (3) causes any injury to a person he knows to be
9 an emergency medical technician - ambulance, emergency
10 medical technician - intermediate, emergency medical
11 technician - paramedic, ambulance driver, or other medical
12 assistance or first aid personnel, employed by a municipality
13 or other governmental unit, while the emergency medical
14 technician - ambulance, emergency medical technician -
15 intermediate, emergency medical technician - paramedic,
16 ambulance driver, or other medical assistance or first aid
17 personnel is engaged in the execution of any of his official
18 duties, or to prevent the emergency medical technician -
19 ambulance, emergency medical technician - intermediate,
20 emergency medical technician - paramedic, ambulance driver,
21 or other medical assistance or first aid personnel from
22 performing his official duties, or in retaliation for the
23 emergency medical technician - ambulance, emergency medical
24 technician - intermediate, emergency medical technician -
25 paramedic, ambulance driver, or other medical assistance or
26 first aid personnel performing his official duties, or (4)
27 causes any injury to a person he or she knows to be a teacher
28 or other person employed in a school and the teacher or other
29 employee is upon grounds of a school or grounds adjacent to a
30 school, or is in any part of a building used for school
31 purposes.
32 (b) A violation of subsection (a) (1) of this Section is
33 a Class X felony. A violation of subsection (a) (2),
34 subsection (a) (3), or subsection (a)(4) of this Section is
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1 a Class X felony for which the sentence shall be a term of
2 imprisonment of no less than 15 years and no more than 60
3 years.
4 (c) For purposes of this Section, "firearm" is defined
5 as in "An Act relating to the acquisition, possession and
6 transfer of firearms and firearm ammunition, to provide a
7 penalty for the violation thereof and to make an
8 appropriation in connection therewith", approved August 1,
9 1967, as amended.
10 (Source: P.A. 90-651, eff. 1-1-99; 91-434, eff. 1-1-00.)
11 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
12 Sec. 24-1.2. Aggravated discharge of a firearm.
13 (a) A person commits aggravated discharge of a firearm
14 when he or she knowingly or intentionally:
15 (1) Discharges a firearm at or into a building he
16 or she knows or reasonably should know to be occupied and
17 the firearm is discharged from a place or position
18 outside that building;
19 (2) Discharges a firearm in the direction of
20 another person or in the direction of a vehicle he or she
21 knows or reasonably should know to be occupied by a
22 person;
23 (3) Discharges a firearm in the direction of a
24 person he or she knows to be a peace officer, a community
25 policing volunteer, a correctional institution employee,
26 or a fireman while the officer, volunteer, employee or
27 fireman is engaged in the execution of any of his or her
28 official duties, or to prevent the officer, volunteer,
29 employee or fireman from performing his or her official
30 duties, or in retaliation for the officer, volunteer,
31 employee or fireman performing his or her official
32 duties;
33 (4) Discharges a firearm in the direction of a
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1 vehicle he or she knows to be occupied by a peace
2 officer, a person summoned or directed by a peace
3 officer, a correctional institution employee or a fireman
4 while the officer, employee or fireman is engaged in the
5 execution of any of his or her official duties, or to
6 prevent the officer, employee or fireman from performing
7 his or her official duties, or in retaliation for the
8 officer, employee or fireman performing his or her
9 official duties;
10 (5) Discharges a firearm in the direction of a
11 person he or she knows to be an emergency medical
12 technician - ambulance, emergency medical technician -
13 intermediate, emergency medical technician - paramedic,
14 ambulance driver, or other medical assistance or first
15 aid personnel, employed by a municipality or other
16 governmental unit, while the emergency medical technician
17 - ambulance, emergency medical technician - intermediate,
18 emergency medical technician - paramedic, ambulance
19 driver, or other medical assistance or first aid
20 personnel is engaged in the execution of any of his or
21 her official duties, or to prevent the emergency medical
22 technician - ambulance, emergency medical technician -
23 intermediate, emergency medical technician - paramedic,
24 ambulance driver, or other medical assistance or first
25 aid personnel from performing his or her official duties,
26 or in retaliation for the emergency medical technician -
27 ambulance, emergency medical technician - intermediate,
28 emergency medical technician - paramedic, ambulance
29 driver, or other medical assistance or first aid
30 personnel performing his or her official duties; or
31 (6) Discharges a firearm in the direction of a
32 vehicle he or she knows to be occupied by an emergency
33 medical technician - ambulance, emergency medical
34 technician - intermediate, emergency medical technician -
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1 paramedic, ambulance driver, or other medical assistance
2 or first aid personnel, employed by a municipality or
3 other governmental unit, while the emergency medical
4 technician - ambulance, emergency medical technician -
5 intermediate, emergency medical technician - paramedic,
6 ambulance driver, or other medical assistance or first
7 aid personnel is engaged in the execution of any of his
8 or her official duties, or to prevent the emergency
9 medical technician - ambulance, emergency medical
10 technician - intermediate, emergency medical technician -
11 paramedic, ambulance driver, or other medical assistance
12 or first aid personnel from performing his or her
13 official duties, or in retaliation for the emergency
14 medical technician - ambulance, emergency medical
15 technician - intermediate, emergency medical technician -
16 paramedic, ambulance driver, or other medical assistance
17 or first aid personnel performing his or her official
18 duties; or
19 (7) Discharges a firearm in the direction of a
20 person he or she knows to be a teacher or other person
21 employed in any school and the teacher or other employee
22 is upon the grounds of a school or grounds adjacent to a
23 school, or is in any part of a building used for school
24 purposes.
25 (b) A violation of subsection (a)(1) or subsection
26 (a)(2) of this Section is a Class 1 felony. A violation of
27 subsection (a)(1) or (a)(2) of this Section committed in a
28 school, on the real property comprising a school, within
29 1,000 feet of the real property comprising a school, at a
30 school related activity or on or within 1,000 feet of any
31 conveyance owned, leased, or contracted by a school to
32 transport students to or from school or a school related
33 activity, regardless of the time of day or time of year that
34 the offense was committed is a Class X felony. A violation of
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1 subsection (a)(3), (a)(4), (a)(5), (a)(6), or (a)(7) of this
2 Section is a Class X felony for which the sentence shall be a
3 term of imprisonment of no less than 10 years and not more
4 than 45 years.
5 (c) For purposes of this Section:
6 "School" means a public or private elementary or
7 secondary school, community college, college, or university.
8 "School related activity" means any sporting, social,
9 academic, or other activity for which students' attendance or
10 participation is sponsored, organized, or funded in whole or
11 in part by a school or school district.
12 (Source: P.A. 90-651, eff. 1-1-99; 91-12, eff. 1-1-00;
13 91-357, eff. 7-29-99; 91-434, eff. 1-1-00; revised 8-30-99.)
14 Section 35-15. The Rights of Crime Victims and Witnesses
15 Act is amended by re-enacting Sections 4.5 and 6 as follows:
16 (725 ILCS 120/4.5)
17 Sec. 4.5. Procedures to implement the rights of crime
18 victims. To afford crime victims their rights, law
19 enforcement, prosecutors, judges and corrections will provide
20 information, as appropriate of the following procedures:
21 (a) At the request of the crime victim, law enforcement
22 authorities investigating the case shall provide notice of
23 the status of the investigation, except where the State's
24 Attorney determines that disclosure of such information would
25 unreasonably interfere with the investigation, until such
26 time as the alleged assailant is apprehended or the
27 investigation is closed.
28 (b) The office of the State's Attorney:
29 (1) shall provide notice of the filing of
30 information, the return of an indictment by which a
31 prosecution for any violent crime is commenced, or the
32 filing of a petition to adjudicate a minor as a
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1 delinquent for a violent crime;
2 (2) shall provide notice of the date, time, and
3 place of trial;
4 (3) or victim advocate personnel shall provide
5 information of social services and financial assistance
6 available for victims of crime, including information of
7 how to apply for these services and assistance;
8 (4) shall assist in having any stolen or other
9 personal property held by law enforcement authorities for
10 evidentiary or other purposes returned as expeditiously
11 as possible, pursuant to the procedures set out in
12 Section 115-9 of the Code of Criminal Procedure of 1963;
13 (5) or victim advocate personnel shall provide
14 appropriate employer intercession services to ensure that
15 employers of victims will cooperate with the criminal
16 justice system in order to minimize an employee's loss of
17 pay and other benefits resulting from court appearances;
18 (6) shall provide information whenever possible, of
19 a secure waiting area during court proceedings that does
20 not require victims to be in close proximity to defendant
21 or juveniles accused of a violent crime, and their
22 families and friends;
23 (7) shall provide notice to the crime victim of the
24 right to have a translator present at all court
25 proceedings;
26 (8) in the case of the death of a person, which
27 death occurred in the same transaction or occurrence in
28 which acts occurred for which a defendant is charged with
29 an offense, shall notify the spouse, parent, child or
30 sibling of the decedent of the date of the trial of the
31 person or persons allegedly responsible for the death;
32 (9) shall inform the victim of the right to have
33 present at all court proceedings, subject to the rules of
34 evidence, an advocate or other support person of the
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1 victim's choice, and the right to retain an attorney, at
2 the victim's own expense, who, upon written notice filed
3 with the clerk of the court and State's Attorney, is to
4 receive copies of all notices, motions and court orders
5 filed thereafter in the case, in the same manner as if
6 the victim were a named party in the case; and
7 (10) at the sentencing hearing shall make a good
8 faith attempt to explain the minimum amount of time
9 during which the defendant may actually be physically
10 imprisoned. The Office of the State's Attorney shall
11 further notify the crime victim of the right to request
12 from the Prisoner Review Board information concerning the
13 release of the defendant under subparagraph (d)(1) of
14 this Section; and
15 (11) shall request restitution at sentencing and
16 shall consider restitution in any plea negotiation, as
17 provided by law.
18 (c) At the written request of the crime victim, the
19 office of the State's Attorney shall:
20 (1) provide notice a reasonable time in advance of
21 the following court proceedings: preliminary hearing, any
22 hearing the effect of which may be the release of
23 defendant from custody, or to alter the conditions of
24 bond and the sentencing hearing. The crime victim shall
25 also be notified of the cancellation of the court
26 proceeding in sufficient time, wherever possible, to
27 prevent an unnecessary appearance in court;
28 (2) provide notice within a reasonable time after
29 receipt of notice from the custodian, of the release of
30 the defendant on bail or personal recognizance or the
31 release from detention of a minor who has been detained
32 for a violent crime;
33 (3) explain in nontechnical language the details of
34 any plea or verdict of a defendant, or any adjudication
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1 of a juvenile as a delinquent for a violent crime;
2 (4) where practical, consult with the crime victim
3 before the Office of the State's Attorney makes an offer
4 of a plea bargain to the defendant or enters into
5 negotiations with the defendant concerning a possible
6 plea agreement, and shall consider the written victim
7 impact statement, if prepared prior to entering into a
8 plea agreement;
9 (5) provide notice of the ultimate disposition of
10 the cases arising from an indictment or an information,
11 or a petition to have a juvenile adjudicated as a
12 delinquent for a violent crime;
13 (6) provide notice of any appeal taken by the
14 defendant and information on how to contact the
15 appropriate agency handling the appeal;
16 (7) provide notice of any request for
17 post-conviction review filed by the defendant under
18 Article 122 of the Code of Criminal Procedure of 1963,
19 and of the date, time and place of any hearing concerning
20 the petition. Whenever possible, notice of the hearing
21 shall be given in advance;
22 (8) forward a copy of any statement presented under
23 Section 6 to the Prisoner Review Board to be considered
24 by the Board in making its determination under subsection
25 (b) of Section 3-3-8 of the Unified Code of Corrections.
26 (d) (1) The Prisoner Review Board shall inform a victim
27 or any other concerned citizen, upon written request, of
28 the prisoner's release on parole, mandatory supervised
29 release, electronic detention, work release or by the
30 custodian of the discharge of any individual who was
31 adjudicated a delinquent for a violent crime from State
32 custody and by the sheriff of the appropriate county of
33 any such person's final discharge from county custody.
34 The Prisoner Review Board, upon written request, shall
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1 provide to a victim or any other concerned citizen a
2 recent photograph of any person convicted of a felony,
3 upon his or her release from custody. The Prisoner Review
4 Board, upon written request, shall inform a victim or any
5 other concerned citizen when feasible at least 7 days
6 prior to the prisoner's release on furlough of the times
7 and dates of such furlough. Upon written request by the
8 victim or any other concerned citizen, the State's
9 Attorney shall notify the person once of the times and
10 dates of release of a prisoner sentenced to periodic
11 imprisonment. Notification shall be based on the most
12 recent information as to victim's or other concerned
13 citizen's residence or other location available to the
14 notifying authority. For purposes of this paragraph (1)
15 of subsection (d), "concerned citizen" includes relatives
16 of the victim, friends of the victim, witnesses to the
17 crime, or any other person associated with the victim or
18 prisoner.
19 (2) When the defendant has been committed to the
20 Department of Human Services pursuant to Section 5-2-4 or
21 any other provision of the Unified Code of Corrections,
22 the victim may request to be notified by the releasing
23 authority of the defendant's discharge from State
24 custody.
25 (3) In the event of an escape from State custody,
26 the Department of Corrections immediately shall notify
27 the Prisoner Review Board of the escape and the Prisoner
28 Review Board shall notify the victim. The notification
29 shall be based upon the most recent information as to the
30 victim's residence or other location available to the
31 Board. When no such information is available, the Board
32 shall make all reasonable efforts to obtain the
33 information and make the notification. When the escapee
34 is apprehended, the Department of Corrections immediately
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1 shall notify the Prisoner Review Board and the Board
2 shall notify the victim.
3 (4) The victim of the crime for which the prisoner
4 has been sentenced shall receive reasonable written
5 notice not less than 15 days prior to the parole hearing
6 and may submit, in writing, on film, videotape or other
7 electronic means or in the form of a recording or in
8 person at the parole hearing, information for
9 consideration by the Prisoner Review Board. The victim
10 shall be notified within 7 days after the prisoner has
11 been granted parole and shall be informed of the right to
12 inspect the registry of parole decisions, established
13 under subsection (g) of Section 3-3-5 of the Unified Code
14 of Corrections. The provisions of this paragraph (4) are
15 subject to the Open Parole Hearings Act.
16 (5) If a statement is presented under Section 6,
17 the Prisoner Review Board shall inform the victim of any
18 order of discharge entered by the Board pursuant to
19 Section 3-3-8 of the Unified Code of Corrections.
20 (6) At the written request of the victim of the
21 crime for which the prisoner was sentenced, the Prisoner
22 Review Board shall notify the victim of the death of the
23 prisoner if the prisoner died while on parole or
24 mandatory supervised release.
25 (7) When a defendant who has been committed to the
26 Department of Corrections or the Department of Human
27 Services is released or discharged and subsequently
28 committed to the Department of Human Services as a
29 sexually violent person and the victim had requested to
30 be notified by the releasing authority of the defendant's
31 discharge from State custody, the releasing authority
32 shall provide to the Department of Human Services such
33 information that would allow the Department of Human
34 Services to contact the victim.
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1 (e) The officials named in this Section may satisfy some
2 or all of their obligations to provide notices and other
3 information through participation in a statewide victim and
4 witness notification system established by the Attorney
5 General under Section 8.5 of this Act.
6 (Source: P.A. 90-14, eff. 7-1-97; 90-793, eff. 8-14-98;
7 91-237, 1-1-00.)
8 (725 ILCS 120/6) (from Ch. 38, par. 1406)
9 Sec. 6. Rights to present victim impact statement.
10 (a) In any case where a defendant has been convicted of
11 a violent crime or a juvenile has been adjudicated a
12 delinquent for a violent crime except those in which both
13 parties have agreed to the imposition of a specific sentence,
14 and a victim of the violent crime is present in the courtroom
15 at the time of the sentencing or the disposition hearing, the
16 victim upon his or her request shall have the right to
17 address the court regarding the impact which the defendant's
18 criminal conduct or the juvenile's delinquent conduct has had
19 upon the victim. If the victim chooses to exercise this
20 right, the impact statement must have been prepared in
21 writing in conjunction with the Office of the State's
22 Attorney prior to the initial hearing or sentencing, before
23 it can be presented orally or in writing at the sentencing
24 hearing. In conjunction with the Office of the State's
25 Attorney, a victim impact statement that is presented orally
26 may be done so by the victim or his or her representative.
27 The court shall consider any statements made by the victim,
28 along with all other appropriate factors in determining the
29 sentence of the defendant or disposition of such juvenile.
30 (b) The crime victim has the right to prepare a victim
31 impact statement and present it to the Office of the State's
32 Attorney at any time during the proceedings.
33 (c) This Section shall apply to any victims of a violent
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1 crime during any dispositional hearing under Section 5-705 of
2 the Juvenile Court Act of 1987 which takes place pursuant to
3 an adjudication of delinquency for any such offense.
4 (Source: P.A. 89-546, eff. 1-1-97; 90-590, eff. 1-1-99.)
5 Section 35-20. The Unified Code of Corrections is
6 amended by re-enacting Sections 3-6-4, 3-10-13, 3-14-1, and
7 3-14-4 as follows:
8 (730 ILCS 5/3-6-4) (from Ch. 38, par. 1003-6-4)
9 Sec. 3-6-4. Enforcement of Discipline - Escape.
10 (a) A committed person who escapes or attempts to escape
11 from an institution or facility of the Adult Division, or
12 escapes or attempts to escape while in the custody of an
13 employee of the Adult Division, or holds or participates in
14 the holding of any person as a hostage by force, threat or
15 violence, or while participating in any disturbance,
16 demonstration or riot, causes, directs or participates in the
17 destruction of any property is guilty of a Class 2 felony. A
18 committed person who fails to return from furlough or from
19 work and day release is guilty of a Class 3 felony.
20 (b) If one or more committed persons injures or attempts
21 to injure in a violent manner any employee, officer, guard,
22 other peace officer or any other committed person or damages
23 or attempts to damage any building or workshop, or any
24 appurtenances thereof, or attempts to escape, or disobeys or
25 resists any lawful command, the employees, officers, guards
26 and other peace officers shall use all suitable means to
27 defend themselves, to enforce the observance of discipline,
28 to secure the persons of the offenders, and prevent such
29 attempted violence or escape; and said employees, officers,
30 guards, or other peace officers, or any of them, shall, in
31 the attempt to prevent the escape of any such person, or in
32 attempting to retake any such person who has escaped, or in
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1 attempting to prevent or suppress violence by a committed
2 person against another person, a riot, revolt, mutiny or
3 insurrection, be justified in the use of force, including
4 force likely to cause death or great bodily harm under
5 Section 7-8 of the Criminal Code of 1961 which he reasonably
6 believed necessary.
7 As used in this Section, "committed person" includes a
8 person held in detention in a secure facility or committed as
9 a sexually violent person and held in a secure facility under
10 the Sexually Violent Persons Commitment Act; and "peace
11 officer" means any officer or member of any duly organized
12 State, county or municipal police unit or police force.
13 (c) The Department shall establish procedures to provide
14 immediate notification of the escape of any person, as
15 defined in subsection (a) of this Section, to the persons
16 specified in subsection (c) of Section 3-14-1 of this Code.
17 (Source: P.A. 89-8, eff. 3-21-95; 90-793, eff. 8-14-98.)
18 (730 ILCS 5/3-10-13)
19 Sec. 3-10-13. Notifications of Release or Escape.
20 (a) The Department shall establish procedures to provide
21 written notification of the release of any person from the
22 Juvenile Division to the persons and agencies specified in
23 subsection (c) of Section 3-14-1 of this Code.
24 (b) The Department shall establish procedures to provide
25 immediate notification of the escape of any person from the
26 Juvenile Division to the persons and agencies specified in
27 subsection (c) of Section 3-14-1 of this Code.
28 (Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 3-21-95.)
29 (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
30 Sec. 3-14-1. Release from the Institution.
31 (a) Upon release of a person on parole, mandatory
32 release, final discharge or pardon the Department shall
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1 return all property held for him, provide him with suitable
2 clothing and procure necessary transportation for him to his
3 designated place of residence and employment. It may provide
4 such person with a grant of money for travel and expenses
5 which may be paid in installments. The amount of the money
6 grant shall be determined by the Department.
7 The Department of Corrections may establish and maintain,
8 in any institution it administers, revolving funds to be
9 known as "Travel and Allowances Revolving Funds". These
10 revolving funds shall be used for advancing travel and
11 expense allowances to committed, paroled, and discharged
12 prisoners. The moneys paid into such revolving funds shall
13 be from appropriations to the Department for Committed,
14 Paroled, and Discharged Prisoners.
15 (b) (Blank).
16 (c) Except as otherwise provided in this Code, the
17 Department shall establish procedures to provide written
18 notification of any release of any person who has been
19 convicted of a felony to the State's Attorney and sheriff of
20 the county from which the offender was committed, and the
21 State's Attorney and sheriff of the county into which the
22 offender is to be paroled or released. Except as otherwise
23 provided in this Code, the Department shall establish
24 procedures to provide written notification to the proper law
25 enforcement agency for any municipality of any release of any
26 person who has been convicted of a felony if the arrest of
27 the offender or the commission of the offense took place in
28 the municipality, if the offender is to be paroled or
29 released into the municipality, or if the offender resided in
30 the municipality at the time of the commission of the
31 offense. If a person convicted of a felony who is in the
32 custody of the Department of Corrections or on parole or
33 mandatory supervised release informs the Department that he
34 or she has resided, resides, or will reside at an address
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1 that is a housing facility owned, managed, operated, or
2 leased by a public housing agency, the Department must send
3 written notification of that information to the public
4 housing agency that owns, manages, operates, or leases the
5 housing facility. The written notification shall, when
6 possible, be given at least 14 days before release of the
7 person from custody, or as soon thereafter as possible.
8 (c-1) (Blank).
9 (d) Upon the release of a committed person on parole,
10 mandatory supervised release, final discharge or pardon, the
11 Department shall provide such person with information
12 concerning programs and services of the Illinois Department
13 of Public Health to ascertain whether such person has been
14 exposed to the human immunodeficiency virus (HIV) or any
15 identified causative agent of Acquired Immunodeficiency
16 Syndrome (AIDS).
17 (Source: P.A. 91-506, eff. 8-13-99.)
18 (730 ILCS 5/3-14-4) (from Ch. 38, par. 1003-14-4)
19 Sec. 3-14-4. Half-way Houses.
20 (a) The Department may establish and maintain half-way
21 houses for the residence of persons on parole or mandatory
22 release. Such half-way houses shall be maintained apart from
23 security institutions, except that the Director of
24 Corrections is authorized to designate that any work or day
25 release facility, or any portion thereof, may be used as a
26 half-way house for the residence of persons on parole or
27 mandatory supervised release.
28 (b) For those persons to be placed in a half-way house
29 directly upon release from an institution on parole or
30 mandatory supervised release status, not less than 15 days
31 prior to the placement of such a person in such a half-way
32 house, the Department of Corrections shall give written
33 notice to the State's Attorney and the Sheriff of the county
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1 and the proper law enforcement agency of the municipality in
2 which the half-way house is located of the identity of the
3 person to be placed in that program. Such identifying
4 information shall include, but not be limited to, the name of
5 the individual, age, physical description, photograph, the
6 crime for which the person was originally sentenced to the
7 Department of Corrections, and like information. The notice
8 shall be given in all cases, except when placement of an
9 emergency nature is necessary. In such emergency cases, oral
10 notice shall be given to the appropriate parties within 24
11 hours with written notice to follow within 5 days.
12 (c) Persons on parole or mandatory supervised release
13 status who have been previously released to the community,
14 but who are not currently residing in a half-way house, may
15 be placed in a half-way house upon the oral notification of
16 the parties within 24 hours as indicated in subsection (b) of
17 this Section. Such oral notification shall be followed with
18 written notification within 5 days.
19 (Source: P.A. 88-680, eff. 1-1-95.)
20 ARTICLE 40
21 Section 40-10. The Criminal Code of 1961 is amended by
22 re-enacting Section 12-6.1 as follows:
23 (720 ILCS 5/12-6.1) (from Ch. 38, par. 12-6.1)
24 Sec. 12-6.1. Compelling organization membership of
25 persons. A person who expressly or impliedly threatens to do
26 bodily harm or does bodily harm to an individual or to that
27 individual's family or uses any other criminally unlawful
28 means to solicit or cause any person to join, or deter any
29 person from leaving, any organization or association
30 regardless of the nature of such organization or association,
31 is guilty of a Class 2 felony.
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1 Any person of the age of 18 years or older who expressly
2 or impliedly threatens to do bodily harm or does bodily harm
3 to a person under 18 years of age or uses any other
4 criminally unlawful means to solicit or cause any person
5 under 18 years of age to join, or deter any person under 18
6 years of age from leaving, any organization or association
7 regardless of the nature of such organization or association
8 is guilty of a Class 1 felony.
9 A person convicted of an offense under this Section shall
10 not be eligible to receive a sentence of probation,
11 conditional discharge, or periodic imprisonment.
12 (Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 1-1-96; 89-314,
13 eff. 1-1-96; 89-626, eff. 8-9-96.)
14 ARTICLE 50
15 Section 50-3. The Firearm Owners Identification Card Act
16 is amended by re-enacting Sections 2, 4, 8, and 14 as
17 follows:
18 (430 ILCS 65/2) (from Ch. 38, par. 83-2)
19 Sec. 2. Firearm Owner's Identification Card required;
20 exceptions.
21 (a) (1) No person may acquire or possess any firearm
22 within this State without having in his or her possession a
23 Firearm Owner's Identification Card previously issued in his
24 or her name by the Department of State Police under the
25 provisions of this Act.
26 (2) No person may acquire or possess firearm ammunition
27 within this State without having in his or her possession a
28 Firearm Owner's Identification Card previously issued in his
29 or her name by the Department of State Police under the
30 provisions of this Act.
31 (b) The provisions of this Section regarding the
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1 possession of firearms and firearm ammunition do not apply
2 to:
3 (1) United States Marshals, while engaged in the
4 operation of their official duties;
5 (2) Members of the Armed Forces of the United
6 States or the National Guard, while engaged in the
7 operation of their official duties;
8 (3) Federal officials required to carry firearms,
9 while engaged in the operation of their official duties;
10 (4) Members of bona fide veterans organizations
11 which receive firearms directly from the armed forces of
12 the United States, while using the firearms for
13 ceremonial purposes with blank ammunition;
14 (5) Nonresident hunters during hunting season, with
15 valid nonresident hunting licenses and while in an area
16 where hunting is permitted; however, at all other times
17 and in all other places these persons must have their
18 firearms unloaded and enclosed in a case;
19 (6) Those hunters exempt from obtaining a hunting
20 license who are required to submit their Firearm Owner's
21 Identification Card when hunting on Department of Natural
22 Resources owned or managed sites;
23 (7) Nonresidents while on a firing or shooting
24 range recognized by the Department of State Police;
25 however, these persons must at all other times and in all
26 other places have their firearms unloaded and enclosed in
27 a case;
28 (8) Nonresidents while at a firearm showing or
29 display recognized by the Department of State Police;
30 however, at all other times and in all other places these
31 persons must have their firearms unloaded and enclosed in
32 a case;
33 (9) Nonresidents whose firearms are unloaded and
34 enclosed in a case;
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1 (10) Nonresidents who are currently licensed or
2 registered to possess a firearm in their resident state;
3 (11) Unemancipated minors while in the custody and
4 immediate control of their parent or legal guardian or
5 other person in loco parentis to the minor if the parent
6 or legal guardian or other person in loco parentis to the
7 minor has a currently valid Firearm Owner's
8 Identification Card;
9 (12) Color guards of bona fide veterans
10 organizations or members of bona fide American Legion
11 bands while using firearms for ceremonial purposes with
12 blank ammunition;
13 (13) Nonresident hunters whose state of residence
14 does not require them to be licensed or registered to
15 possess a firearm and only during hunting season, with
16 valid hunting licenses, while accompanied by, and using a
17 firearm owned by, a person who possesses a valid Firearm
18 Owner's Identification Card and while in an area within a
19 commercial club licensed under the Wildlife Code where
20 hunting is permitted and controlled, but in no instance
21 upon sites owned or managed by the Department of Natural
22 Resources; and
23 (14) Resident hunters who are properly authorized
24 to hunt and, while accompanied by a person who possesses
25 a valid Firearm Owner's Identification Card, hunt in an
26 area within a commercial club licensed under the Wildlife
27 Code where hunting is permitted and controlled.
28 (c) The provisions of this Section regarding the
29 acquisition and possession of firearms and firearm ammunition
30 do not apply to law enforcement officials of this or any
31 other jurisdiction, while engaged in the operation of their
32 official duties.
33 (Source: P.A. 88-680, eff. 1-1-95; 89-445, eff. 2-7-96.)
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1 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
2 Sec. 4. (a) Each applicant for a Firearm Owner's
3 Identification Card must:
4 (1) Make application on blank forms prepared and
5 furnished at convenient locations throughout the State by
6 the Department of State Police; and
7 (2) Submit evidence under penalty of perjury to the
8 Department of State Police that:
9 (i) He or she is 21 years of age or over, or
10 if he or she is under 21 years of age that he or she
11 has the written consent of his or her parent or
12 legal guardian to possess and acquire firearms and
13 firearm ammunition and that he or she has never been
14 convicted of a misdemeanor other than a traffic
15 offense or adjudged delinquent, provided, however,
16 that such parent or legal guardian is not an
17 individual prohibited from having a Firearm Owner's
18 Identification Card and files an affidavit with the
19 Department as prescribed by the Department stating
20 that he or she is not an individual prohibited from
21 having a Card;
22 (ii) He or she has not been convicted of a
23 felony under the laws of this or any other
24 jurisdiction;
25 (iii) He or she is not addicted to narcotics;
26 (iv) He or she has not been a patient in a
27 mental institution within the past 5 years;
28 (v) He or she is not mentally retarded;
29 (vi) He or she is not an alien who is
30 unlawfully present in the United States under the
31 laws of the United States;
32 (vii) He or she is not subject to an existing
33 order of protection prohibiting him or her from
34 possessing a firearm;
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1 (viii) He or she has not been convicted within
2 the past 5 years of battery, assault, aggravated
3 assault, violation of an order of protection, or a
4 substantially similar offense in another
5 jurisdiction, in which a firearm was used or
6 possessed;
7 (ix) He or she has not been convicted of
8 domestic battery or a substantially similar offense
9 in another jurisdiction committed on or after the
10 effective date of this amendatory Act of 1997; and
11 (x) He or she has not been convicted within
12 the past 5 years of domestic battery or a
13 substantially similar offense in another
14 jurisdiction committed before the effective date of
15 this amendatory Act of 1997; and
16 (3) Upon request by the Department of State Police,
17 sign a release on a form prescribed by the Department of
18 State Police waiving any right to confidentiality and
19 requesting the disclosure to the Department of State
20 Police of limited mental health institution admission
21 information from another state, the District of Columbia,
22 any other territory of the United States, or a foreign
23 nation concerning the applicant for the sole purpose of
24 determining whether the applicant is or was a patient in
25 a mental health institution and disqualified because of
26 that status from receiving a Firearm Owner's
27 Identification Card. No mental health care or treatment
28 records may be requested. The information received shall
29 be destroyed within one year of receipt.
30 (b) Each application form shall include the following
31 statement printed in bold type: "Warning: False statements
32 of the applicant shall result in prosecution for perjury in
33 accordance with Section 32-2 of the Criminal Code of 1961.".
34 (c) Upon such written consent, pursuant to Section 4,
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1 paragraph (a) (2) (i), the parent or legal guardian giving
2 the consent shall be liable for any damages resulting from
3 the applicant's use of firearms or firearm ammunition.
4 (Source: P.A. 90-493, eff. 1-1-98; 91-514, eff. 1-1-00.)
5 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
6 Sec. 8. The Department of State Police has authority to
7 deny an application for or to revoke and seize a Firearm
8 Owner's Identification Card previously issued under this Act
9 only if the Department finds that the applicant or the person
10 to whom such card was issued is or was at the time of
11 issuance:
12 (a) A person under 21 years of age who has been
13 convicted of a misdemeanor other than a traffic offense or
14 adjudged delinquent;
15 (b) A person under 21 years of age who does not have the
16 written consent of his parent or guardian to acquire and
17 possess firearms and firearm ammunition, or whose parent or
18 guardian has revoked such written consent, or where such
19 parent or guardian does not qualify to have a Firearm Owner's
20 Identification Card;
21 (c) A person convicted of a felony under the laws of
22 this or any other jurisdiction;
23 (d) A person addicted to narcotics;
24 (e) A person who has been a patient of a mental
25 institution within the past 5 years;
26 (f) A person whose mental condition is of such a nature
27 that it poses a clear and present danger to the applicant,
28 any other person or persons or the community;
29 For the purposes of this Section, "mental condition"
30 means a state of mind manifested by violent, suicidal,
31 threatening or assaultive behavior.
32 (g) A person who is mentally retarded;
33 (h) A person who intentionally makes a false statement
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1 in the Firearm Owner's Identification Card application;
2 (i) An alien who is unlawfully present in the United
3 States under the laws of the United States;
4 (j) A person who is subject to an existing order of
5 protection prohibiting him or her from possessing a firearm;
6 (k) A person who has been convicted within the past 5
7 years of battery, assault, aggravated assault, violation of
8 an order of protection, or a substantially similar offense in
9 another jurisdiction, in which a firearm was used or
10 possessed;
11 (l) A person who has been convicted of domestic battery
12 or a substantially similar offense in another jurisdiction
13 committed on or after January 1, 1998;
14 (m) A person who has been convicted within the past 5
15 years of domestic battery or a substantially similar offense
16 in another jurisdiction committed before January 1, 1998; or
17 (n) A person who is prohibited from acquiring or
18 possessing firearms or firearm ammunition by any Illinois
19 State statute or by federal law.
20 (Source: P.A. 89-367, eff. 1-1-96; 90-130, eff. 1-1-98;
21 90-493, eff. 1-1-98; 90-655, eff. 7-30-98.)
22 (430 ILCS 65/14) (from Ch. 38, par. 83-14)
23 Sec. 14. Sentence.
24 (a) A violation of paragraph (1) of subsection (a) of
25 Section 2, when the person's Firearm Owner's Identification
26 Card is expired but the person is not otherwise disqualified
27 from renewing the card, is a Class A misdemeanor.
28 (b) Except as provided in subsection (a) with respect to
29 an expired card, a violation of paragraph (1) of subsection
30 (a) of Section 2 is a Class A misdemeanor when the person
31 does not possess a currently valid Firearm Owner's
32 Identification Card, but is otherwise eligible under this
33 Act. A second or subsequent violation is a Class 4 felony.
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1 (c) A violation of paragraph (1) of subsection (a) of
2 Section 2 is a Class 3 felony when:
3 (1) the person's Firearm Owner's Identification
4 Card is revoked or subject to revocation under Section 8;
5 or
6 (2) the person's Firearm Owner's Identification
7 Card is expired and not otherwise eligible for renewal
8 under this Act; or
9 (3) the person does not possess a currently valid
10 Firearm Owner's Identification Card, and the person is
11 not otherwise eligible under this Act.
12 (d) A violation of subsection (a) of Section 3 is a
13 Class 4 felony.
14 (e) Any other violation of this Act is a Class A
15 misdemeanor.
16 (Source: P.A. 88-680, eff. 1-1-95; 89-377, eff. 8-18-95.)
17 Section 50-5. The Criminal Code of 1961 is amended by
18 re-enacting Sections 11-14, 11-14.1, 11-16, 11-19, 11-19.1,
19 11-19.2, 24-1, 24-3, 24-3.1, 33A-1, 33A-3, and 33F-1 as
20 follows:
21 (720 ILCS 5/11-14) (from Ch. 38, par. 11-14)
22 Sec. 11-14. Prostitution.
23 (a) Any person who performs, offers or agrees to perform
24 any act of sexual penetration as defined in Section 12-12 of
25 this Code for any money, property, token, object, or article
26 or anything of value, or any touching or fondling of the sex
27 organs of one person by another person, for any money,
28 property, token, object, or article or anything of value, for
29 the purpose of sexual arousal or gratification commits an act
30 of prostitution.
31 (b) Sentence.
32 Prostitution is a Class A misdemeanor. A person convicted
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1 of a second or subsequent violation of this Section, or of
2 any combination of such number of convictions under this
3 Section and Sections 11-15 , 11-17, 11-18, 11-18.1 and 11-19
4 of this Code is guilty of a Class 4 felony. When a person has
5 one or more prior convictions, the information or indictment
6 charging that person shall state such prior conviction so as
7 to give notice of the State's intention to treat the charge
8 as a felony. The fact of such prior conviction is not an
9 element of the offense and may not be disclosed to the jury
10 during trial unless otherwise permitted by issues properly
11 raised during such trial.
12 (c) A person who violates this Section within 1,000 feet
13 of real property comprising a school commits a Class 4
14 felony.
15 (Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00;
16 revised 10-20-99.)
17 (720 ILCS 5/11-14.1)
18 Sec. 11-14.1. Solicitation of a sexual act.
19 (a) Any person who offers a person not his or her spouse
20 any money, property, token, object, or article or anything of
21 value to perform any act of sexual penetration as defined in
22 Section 12-12 of this Code, or any touching or fondling of
23 the sex organs of one person by another person for the
24 purpose of sexual arousal or gratification, commits the
25 offense of solicitation of a sexual act.
26 (b) Sentence. Solicitation of a sexual act is a Class B
27 misdemeanor.
28 (Source: P.A. 88-325; 88-680, eff. 1-1-95.)
29 (720 ILCS 5/11-16) (from Ch. 38, par. 11-16)
30 Sec. 11-16. Pandering.
31 (a) Any person who performs any of the following acts
32 for any money, property, token, object, or article or
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1 anything of value commits pandering:
2 (1) Compels a person to become a prostitute; or
3 (2) Arranges or offers to arrange a situation in
4 which a person may practice prostitution.
5 (b) Sentence.
6 Pandering by compulsion is a Class 4 felony. Pandering
7 other than by compulsion is a Class 4 felony.
8 (c) A person who violates this Section within 1,000 feet
9 of real property comprising a school commits a Class 3
10 felony.
11 (Source: P.A. 91-274, eff. 1-1-00.)
12 (720 ILCS 5/11-19) (from Ch. 38, par. 11-19)
13 Sec. 11-19. Pimping.
14 (a) Any person who receives any money, property, token,
15 object, or article or anything of value from a prostitute,
16 not for a lawful consideration, knowing it was earned in
17 whole or in part from the practice of prostitution, commits
18 pimping.
19 (b) Sentence.
20 Pimping is a Class A misdemeanor. A person convicted of a
21 second or subsequent violation of this Section, or of any
22 combination of such number of convictions under this Section
23 and Sections 11-14, 11-15, 11-17, 11-18 and 11-18.1 of this
24 Code is guilty of a Class 4 felony. When a person has one or
25 more prior convictions, the information or indictment
26 charging that person shall state such prior conviction so as
27 to give notice of the State's intention to treat the charge
28 as a felony. The fact of such conviction is not an element
29 of the offense and may not be disclosed to the jury during
30 trial unless otherwise permitted by issues properly raised
31 during such trial.
32 (c) A person who violates this Section within 1,000 feet
33 of real property comprising a school commits a Class 4
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1 felony.
2 (Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00;
3 revised 10-20-99.)
4 (720 ILCS 5/11-19.1) (from Ch. 38, par. 11-19.1)
5 Sec. 11-19.1. Juvenile Pimping.
6 (a) Any person who receives any money, property, token,
7 object, or article or anything of value from a prostitute
8 under 16 years of age or from a prostitute who is an
9 institutionalized severely or profoundly mentally retarded
10 person, not for a lawful consideration, knowing it was earned
11 in whole or in part from the practice of prostitution,
12 commits juvenile pimping.
13 (b) It is an affirmative defense to a charge of juvenile
14 pimping that the accused reasonably believed the person was
15 of the age of 16 years or over or was not an
16 institutionalized severely or profoundly mentally retarded
17 person at the time of the act giving rise to the charge.
18 (c) Sentence.
19 Juvenile pimping is a Class 1 felony.
20 (Source: P.A. 88-680, eff. 1-1-95.)
21 (720 ILCS 5/11-19.2) (from Ch. 38, par. 11-19.2)
22 Sec. 11-19.2. Exploitation of a child.
23 (A) A person commits exploitation of a child when he or
24 she confines a child under the age of 16 or an
25 institutionalized severely or profoundly mentally retarded
26 person against his or her will by the infliction or threat of
27 imminent infliction of great bodily harm, permanent
28 disability or disfigurement or by administering to the child
29 or an institutionalized severely or profoundly mentally
30 retarded person without his or her consent or by threat or
31 deception and for other than medical purposes, any alcoholic
32 intoxicant or a drug as defined in the Illinois Controlled
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1 Substances Act or the Cannabis Control Act and:
2 (1) compels the child or an institutionalized
3 severely or profoundly mentally retarded person to become
4 a prostitute; or
5 (2) arranges a situation in which the child or an
6 institutionalized severely or profoundly mentally
7 retarded person may practice prostitution; or
8 (3) receives any money, property, token, object, or
9 article or anything of value from the child or an
10 institutionalized severely or profoundly mentally
11 retarded person knowing it was obtained in whole or in
12 part from the practice of prostitution.
13 (B) For purposes of this Section, administering drugs,
14 as defined in subsection (A), or an alcoholic intoxicant to a
15 child under the age of 13 or an institutionalized severely or
16 profoundly mentally retarded person shall be deemed to be
17 without consent if such administering is done without the
18 consent of the parents or legal guardian.
19 (C) Exploitation of a child is a Class X felony.
20 (D) Any person convicted under this Section is subject
21 to the forfeiture provisions of Section 11-20.1A of this Act.
22 (Source: P.A. 91-357, eff. 7-29-99.)
23 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
24 Sec. 24-1. Unlawful Use of Weapons.
25 (a) A person commits the offense of unlawful use of
26 weapons when he knowingly:
27 (1) Sells, manufactures, purchases, possesses or
28 carries any bludgeon, black-jack, slung-shot, sand-club,
29 sand-bag, metal knuckles, throwing star, or any knife,
30 commonly referred to as a switchblade knife, which has a
31 blade that opens automatically by hand pressure applied
32 to a button, spring or other device in the handle of the
33 knife, or a ballistic knife, which is a device that
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1 propels a knifelike blade as a projectile by means of a
2 coil spring, elastic material or compressed gas; or
3 (2) Carries or possesses with intent to use the
4 same unlawfully against another, a dagger, dirk, billy,
5 dangerous knife, razor, stiletto, broken bottle or other
6 piece of glass, stun gun or taser or any other dangerous
7 or deadly weapon or instrument of like character; or
8 (3) Carries on or about his person or in any
9 vehicle, a tear gas gun projector or bomb or any object
10 containing noxious liquid gas or substance, other than an
11 object containing a non-lethal noxious liquid gas or
12 substance designed solely for personal defense carried by
13 a person 18 years of age or older; or
14 (4) Carries or possesses in any vehicle or
15 concealed on or about his person except when on his land
16 or in his own abode or fixed place of business any
17 pistol, revolver, stun gun or taser or other firearm,
18 except that this subsection (a)(4) does not apply to
19 or affect transportation of weapons that:
20 (i) are broken down in a non-functioning
21 state; or
22 (ii) are not immediately accessible; or
23 (iii) are unloaded and enclosed in a case,
24 firearm carrying box, shipping box, or other
25 container by the possessor of a valid Firearm
26 Owner's Identification Card; or
27 (5) Sets a spring gun; or
28 (6) Possesses any device or attachment of any kind
29 designed, used or intended for use in silencing the
30 report of any firearm; or
31 (7) Sells, manufactures, purchases, possesses or
32 carries:
33 (i) a machine gun, which shall be defined for
34 the purposes of this subsection as any weapon, which
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1 shoots, is designed to shoot, or can be readily
2 restored to shoot, automatically more than one shot
3 without manually reloading by a single function of
4 the trigger, including the frame or receiver of any
5 such weapon, or sells, manufactures, purchases,
6 possesses, or carries any combination of parts
7 designed or intended for use in converting any
8 weapon into a machine gun, or any combination or
9 parts from which a machine gun can be assembled if
10 such parts are in the possession or under the
11 control of a person;
12 (ii) any rifle having one or more barrels less
13 than 16 inches in length or a shotgun having one or
14 more barrels less than 18 inches in length or any
15 weapon made from a rifle or shotgun, whether by
16 alteration, modification, or otherwise, if such a
17 weapon as modified has an overall length of less
18 than 26 inches; or
19 (iii) any bomb, bomb-shell, grenade, bottle or
20 other container containing an explosive substance of
21 over one-quarter ounce for like purposes, such as,
22 but not limited to, black powder bombs and Molotov
23 cocktails or artillery projectiles; or
24 (8) Carries or possesses any firearm, stun gun or
25 taser or other deadly weapon in any place which is
26 licensed to sell intoxicating beverages, or at any public
27 gathering held pursuant to a license issued by any
28 governmental body or any public gathering at which an
29 admission is charged, excluding a place where a showing,
30 demonstration or lecture involving the exhibition of
31 unloaded firearms is conducted; or
32 (9) Carries or possesses in a vehicle or on or
33 about his person any pistol, revolver, stun gun or taser
34 or firearm or ballistic knife, when he is hooded, robed
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1 or masked in such manner as to conceal his identity; or
2 (10) Carries or possesses on or about his person,
3 upon any public street, alley, or other public lands
4 within the corporate limits of a city, village or
5 incorporated town, except when an invitee thereon or
6 therein, for the purpose of the display of such weapon or
7 the lawful commerce in weapons, or except when on his
8 land or in his own abode or fixed place of business, any
9 pistol, revolver, stun gun or taser or other firearm,
10 except that this subsection (a)(10) does not apply to
11 or affect transportation of weapons that:
12 (i) are broken down in a non-functioning
13 state; or
14 (ii) are not immediately accessible; or
15 (iii) are unloaded and enclosed in a case,
16 firearm carrying box, shipping box, or other
17 container by the possessor of a valid Firearm
18 Owner's Identification Card.
19 A "stun gun or taser", as used in this paragraph (a)
20 means (i) any device which is powered by electrical
21 charging units, such as, batteries, and which fires one
22 or several barbs attached to a length of wire and which,
23 upon hitting a human, can send out a current capable of
24 disrupting the person's nervous system in such a manner
25 as to render him incapable of normal functioning or (ii)
26 any device which is powered by electrical charging units,
27 such as batteries, and which, upon contact with a human
28 or clothing worn by a human, can send out current capable
29 of disrupting the person's nervous system in such a
30 manner as to render him incapable of normal functioning;
31 or
32 (11) Sells, manufactures or purchases any explosive
33 bullet. For purposes of this paragraph (a) "explosive
34 bullet" means the projectile portion of an ammunition
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1 cartridge which contains or carries an explosive charge
2 which will explode upon contact with the flesh of a human
3 or an animal. "Cartridge" means a tubular metal case
4 having a projectile affixed at the front thereof and a
5 cap or primer at the rear end thereof, with the
6 propellant contained in such tube between the projectile
7 and the cap; or
8 (12) (Blank).
9 (b) Sentence. A person convicted of a violation of
10 subsection 24-1(a)(1) through (3), subsection 24-1(a)(5),
11 subsection 24-1(a)(8), or subsection 24-1(a)(11) commits a
12 Class A misdemeanor. A person convicted of a violation of
13 subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits a
14 Class 4 felony; a person convicted of a violation of
15 subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a
16 Class 3 felony. A person convicted of a violation of
17 subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
18 weapon is possessed in the passenger compartment of a motor
19 vehicle as defined in Section 1-146 of the Illinois Vehicle
20 Code, or on the person, while the weapon is loaded, in which
21 case it shall be a Class X felony. A person convicted of a
22 second or subsequent violation of subsection 24-1(a)(4),
23 24-1(a)(9), or 24-1(a)(10) or a person convicted of a
24 violation of subsection 24-1(a)(4) or 24-1(a)(10) who has
25 previously been sentenced to probation under subsection (b-5)
26 of this Section commits a Class 3 felony.
27 (b-5) Probation.
28 (1) Whenever a person pleads guilty to or is found
29 guilty of a violation of subsection 24-1(a)(4) or
30 24-1(a-10) of this Section, the court, without entering
31 judgment, shall place the person on probation under the
32 terms of this subsection (b-5) unless:
33 (A) the person has been convicted of any
34 offense relating to the unlawful use or possession
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1 of a firearm or of any offense classified as a
2 felony in this or any other jurisdiction;
3 (B) within 2 years preceding the date of the
4 current offense, the person has been convicted of or
5 given supervision for a Class A misdemeanor, other
6 than a misdemeanor traffic-related offense;
7 (C) within 5 years preceding the date of the
8 current offense, the person has been adjudicated
9 delinquent for any forcible felony, Class 2 or
10 greater felony, or any offense relating to the
11 unlawful use or possession of a firearm under the
12 laws of this State or similar laws of any other
13 jurisdiction; or
14 (D) the person is not the holder of a valid
15 Firearm Owner's Identification Card at the time the
16 offense is committed.
17 Upon objection of the State's Attorney, the burden
18 shall be on the State's Attorney to show sufficient cause
19 to overcome the presumption of probation. The objection
20 of the State's Attorney alone shall not be sufficient to
21 overcome the presumption of probation.
22 The court shall specify on the record the
23 particular evidence, information, or other reasons that
24 form the basis of its sentence.
25 (2) When a person is placed on probation, the court
26 shall enter an order specifying a period of not less than
27 6 months nor more than 12 months probation and shall
28 defer further proceedings in the case until the
29 conclusion of the period or until the filing of a
30 petition alleging violation of a term or condition of
31 probation.
32 (3) The conditions of probation shall be that the
33 person:
34 (i) not violate any criminal statute of any
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1 jurisdiction other than a municipal ordinance;
2 (ii) perform no less than 30 hours of
3 community service, provided community service is
4 available in the jurisdiction and is funded and
5 approved by the county board.
6 (4) The court may, in addition to other conditions,
7 require that the person:
8 (i) make a report to and appear in person
9 before or participate with the court or courts,
10 person, or social service agency as directed by the
11 court in the order of probation;
12 (ii) pay a fine and costs;
13 (iii) refrain from possessing a firearm or
14 other dangerous weapon.
15 (5) Upon violation of a term or condition of
16 probation, the court may enter a judgment on its original
17 finding of guilt and proceed as otherwise provided.
18 (6) Upon fulfillment of the terms and conditions of
19 probation, the court shall discharge the person and
20 dismiss the proceedings against him or her.
21 (7) A disposition of probation is considered to be
22 a conviction for the purposes of imposing the conditions
23 of probation and for appeal; however, discharge and
24 dismissal under this subsection (b-5) is not a conviction
25 for purposes of this Code or for purposes of
26 disqualifications or disabilities imposed by law upon
27 conviction of a crime. During the period of probation,
28 the person shall not be considered under indictment or
29 otherwise charged with a crime. If, however, the person
30 is convicted of any forcible felony or any offense under
31 Article 24 of the Criminal Code of 1961 within 5 years of
32 a discharge and dismissal under this subsection (b-5),
33 the discharge and dismissal shall be admissible in the
34 sentencing proceeding for that conviction as evidence in
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1 aggravation.
2 (8) There may be only one discharge and dismissal
3 under this subsection (b-5) with respect to any person.
4 (9) Nothing in this subsection (b-5) prohibits the
5 imposition of a sentence under Article 6 of Chapter V of
6 the Unified Code of Corrections in the case of a person
7 who is not eligible for probation under this subsection
8 (b-5).
9 (c) Violations in specific places.
10 (1) A person who violates subsection 24-1(a)(6) or
11 24-1(a)(7) in any school, regardless of the time of day
12 or the time of year, in residential property owned,
13 operated and managed by a public housing agency, in a
14 public park, in a courthouse, on the real property
15 comprising any school, regardless of the time of day or
16 the time of year, on residential property owned,
17 operated and managed by a public housing agency, on the
18 real property comprising any public park, on the real
19 property comprising any courthouse, in any conveyance
20 owned, leased or contracted by a school to transport
21 students to or from school or a school related activity,
22 or on any public way within 1,000 feet of the real
23 property comprising any school, public park, courthouse,
24 or residential property owned, operated, and managed by a
25 public housing agency commits a Class 2 felony.
26 (1.5) A person who violates subsection 24-1(a)(4),
27 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
28 the time of day or the time of year, in residential
29 property owned, operated, and managed by a public housing
30 agency, in a public park, in a courthouse, on the real
31 property comprising any school, regardless of the time of
32 day or the time of year, on residential property owned,
33 operated, and managed by a public housing agency, on the
34 real property comprising any public park, on the real
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1 property comprising any courthouse, in any conveyance
2 owned, leased, or contracted by a school to transport
3 students to or from school or a school related activity,
4 or on any public way within 1,000 feet of the real
5 property comprising any school, public park, courthouse,
6 or residential property owned, operated, and managed by a
7 public housing agency commits a Class 3 felony.
8 (2) A person who violates subsection 24-1(a)(1),
9 24-1(a)(2), or 24-1(a)(3) in any school, regardless of
10 the time of day or the time of year, in residential
11 property owned, operated and managed by a public housing
12 agency, in a public park, in a courthouse, on the real
13 property comprising any school, regardless of the time of
14 day or the time of year, on residential property owned,
15 operated and managed by a public housing agency, on the
16 real property comprising any public park, on the real
17 property comprising any courthouse, in any conveyance
18 owned, leased or contracted by a school to transport
19 students to or from school or a school related activity,
20 or on any public way within 1,000 feet of the real
21 property comprising any school, public park, courthouse,
22 or residential property owned, operated, and managed by a
23 public housing agency commits a Class 4 felony.
24 "Courthouse" means any building that is used by the
25 Circuit, Appellate, or Supreme Court of this State for
26 the conduct of official business.
27 (3) Paragraphs (1), (1.5), and (2) of this
28 subsection (c) shall not apply to law enforcement
29 officers or security officers of such school, college, or
30 university or to students carrying or possessing firearms
31 for use in training courses, parades, hunting, target
32 shooting on school ranges, or otherwise with the consent
33 of school authorities and which firearms are transported
34 unloaded enclosed in a suitable case, box, or
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1 transportation package.
2 (4) For the purposes of this subsection (c),
3 "school" means any public or private elementary or
4 secondary school, community college, college, or
5 university.
6 (d) The presence in an automobile other than a public
7 omnibus of any weapon, instrument or substance referred to in
8 subsection (a)(7) is prima facie evidence that it is in the
9 possession of, and is being carried by, all persons occupying
10 such automobile at the time such weapon, instrument or
11 substance is found, except under the following circumstances:
12 (i) if such weapon, instrument or instrumentality is found
13 upon the person of one of the occupants therein; or (ii) if
14 such weapon, instrument or substance is found in an
15 automobile operated for hire by a duly licensed driver in the
16 due, lawful and proper pursuit of his trade, then such
17 presumption shall not apply to the driver.
18 (e) Exemptions. Crossbows, Common or Compound bows and
19 Underwater Spearguns are exempted from the definition of
20 ballistic knife as defined in paragraph (1) of subsection (a)
21 of this Section.
22 (Source: P.A. 90-686, eff. 1-1-99.)
23 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
24 Sec. 24-3. Unlawful Sale of Firearms.
25 (A) A person commits the offense of unlawful sale of
26 firearms when he or she knowingly does any of the following:
27 (a) Sells or gives any firearm of a size which may
28 be concealed upon the person to any person under 18 years
29 of age.; or
30 (b) Sells or gives any firearm to a person under 21
31 years of age who has been convicted of a misdemeanor
32 other than a traffic offense or adjudged delinquent.; or
33 (c) Sells or gives any firearm to any narcotic
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1 addict.; or
2 (d) Sells or gives any firearm to any person who
3 has been convicted of a felony under the laws of this or
4 any other jurisdiction.; or
5 (e) Sells or gives any firearm to any person who
6 has been a patient in a mental hospital within the past 5
7 years.; or
8 (f) Sells or gives any firearms to any person who
9 is mentally retarded.; or
10 (g) Delivers any firearm of a size which may be
11 concealed upon the person, incidental to a sale, without
12 withholding delivery of such firearm for at least 72
13 hours after application for its purchase has been made,
14 or delivers any rifle, shotgun or other long gun,
15 incidental to a sale, without withholding delivery of
16 such rifle, shotgun or other long gun for at least 24
17 hours after application for its purchase has been made.
18 However, this paragraph (g) does shall not apply to: (1)
19 the sale of a firearm to a law enforcement officer or a
20 person who desires to purchase a firearm for use in
21 promoting the public interest incident to his or her
22 employment as a bank guard, armed truck guard, or other
23 similar employment; or (2) a mail order sale of a firearm
24 to a nonresident of Illinois under which the firearm is
25 mailed to a point outside the boundaries of Illinois; or
26 (3) the sale of a firearm to a nonresident of Illinois
27 while at a firearm showing or display recognized by the
28 Illinois Department of State Police; or (4) the sale of a
29 firearm to a dealer licensed under the Federal Firearms
30 Act of the United States.; or
31 (h) While holding any license under the federal
32 "Gun Control Act of 1968", as amended, as a dealer,
33 importer, manufacturer or pawnbroker under the federal
34 Gun Control Act of 1968,; manufactures, sells or delivers
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1 to any unlicensed person a handgun having a barrel,
2 slide, frame or receiver which is a die casting of zinc
3 alloy or any other nonhomogeneous metal which will melt
4 or deform at a temperature of less than 800 degrees
5 Fahrenheit. For purposes of this paragraph, (1)
6 "firearm" is defined as in the Firearm Owners
7 Identification Card Act "An Act relating to the
8 acquisition, possession and transfer of firearms and
9 firearm ammunition, to provide a penalty for the
10 violation thereof and to make an appropriation in
11 connection therewith", approved August 3, 1967, as
12 amended; and (2) "handgun" is defined as a firearm
13 designed to be held and fired by the use of a single
14 hand, and includes a combination of parts from which such
15 a firearm can be assembled.; or
16 (i) Sells or gives a firearm of any size to any
17 person under 18 years of age who does not possess a valid
18 Firearm Owner's Identification Card.
19 (B) (j) Paragraph (h) of subsection (A) does this
20 Section shall not include firearms sold within 6 months after
21 enactment of Public Act 78-355 (approved August 21, 1973,
22 effective October 1, 1973) this amendatory Act of 1973, nor
23 is shall any firearm legally owned or possessed by any
24 citizen or purchased by any citizen within 6 months after the
25 enactment of Public Act 78-355 this amendatory Act of 1973 be
26 subject to confiscation or seizure under the provisions of
27 that Public this amendatory Act of 1973. Nothing in Public
28 Act 78-355 this amendatory Act of 1973 shall be construed to
29 prohibit the gift or trade of any firearm if that firearm was
30 legally held or acquired within 6 months after the enactment
31 of that Public this amendatory Act of 1973.
32 (C) (k) Sentence.
33 (1) Any person convicted of unlawful sale of
34 firearms in violation of any of paragraphs (c) through
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1 (h) of subsection (A) commits a Class 4 felony.
2 (2) Any person convicted of unlawful sale of
3 firearms in violation of paragraph (b) or (i) of
4 subsection (A) commits a Class 3 felony.
5 (3) Any person convicted of unlawful sale of
6 firearms in violation of paragraph (a) of subsection (A)
7 commits a Class 2 felony.
8 (4) Any person convicted of unlawful sale of
9 firearms in violation of paragraph (a), (b), or (i) of
10 subsection (A) in any school, on the real property
11 comprising a school, within 1,000 feet of the real
12 property comprising a school, at a school related
13 activity, or on or within 1,000 feet of any conveyance
14 owned, leased, or contracted by a school or school
15 district to transport students to or from school or a
16 school related activity, regardless of the time of day or
17 time of year at which that the offense was committed,
18 commits a Class 1 felony. Any person convicted of a
19 second or subsequent violation of unlawful sale of
20 firearms in violation of paragraph (a), (b), or (i) of
21 subsection (A) in any school, on the real property
22 comprising a school, within 1,000 feet of the real
23 property comprising a school, at a school related
24 activity, or on or within 1,000 feet of any conveyance
25 owned, leased, or contracted by a school or school
26 district to transport students to or from school or a
27 school related activity, regardless of the time of day or
28 time of year at which that the offense was committed,
29 commits a Class 1 felony for which the sentence shall be
30 a term of imprisonment of no less than 5 years and no
31 more than 15 years.
32 (5) Any person convicted of unlawful sale of
33 firearms in violation of paragraph (a) or (i) of
34 subsection (A) in residential property owned, operated,
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1 or managed by a public housing agency, in a public park,
2 in a courthouse, on residential property owned, operated,
3 or managed by a public housing agency, on the real
4 property comprising any public park, on the real property
5 comprising any courthouse, or on any public way within
6 1,000 feet of the real property comprising any public
7 park, courthouse, or residential property owned,
8 operated, or managed by a public housing agency commits a
9 Class 2 felony.
10 (D) (6) For purposes of this Section:
11 "School" means a public or private elementary or
12 secondary school, community college, college, or university.
13 "School related activity" means any sporting, social,
14 academic, or other activity for which students' attendance or
15 participation is sponsored, organized, or funded in whole or
16 in part by a school or school district.
17 (Source: P.A. 91-12, eff. 1-1-00; revised 8-18-99.)
18 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
19 Sec. 24-3.1. Unlawful possession of firearms and firearm
20 ammunition.
21 (a) A person commits the offense of unlawful possession
22 of firearms or firearm ammunition when:
23 (1) He is under 18 years of age and has in his
24 possession any firearm of a size which may be concealed
25 upon the person; or
26 (2) He is under 21 years of age, has been convicted
27 of a misdemeanor other than a traffic offense or adjudged
28 delinquent and has any firearms or firearm ammunition in
29 his possession; or
30 (3) He is a narcotic addict and has any firearms or
31 firearm ammunition in his possession; or
32 (4) He has been a patient in a mental hospital
33 within the past 5 years and has any firearms or firearm
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1 ammunition in his possession; or
2 (5) He is mentally retarded and has any firearms or
3 firearm ammunition in his possession; or
4 (6) He has in his possession any explosive bullet.
5 For purposes of this paragraph "explosive bullet" means
6 the projectile portion of an ammunition cartridge which
7 contains or carries an explosive charge which will explode
8 upon contact with the flesh of a human or an animal.
9 "Cartridge" means a tubular metal case having a projectile
10 affixed at the front thereof and a cap or primer at the rear
11 end thereof, with the propellant contained in such tube
12 between the projectile and the cap; or
13 (b) Sentence.
14 Unlawful possession of firearms, other than handguns, and
15 firearm ammunition is a Class A misdemeanor. Unlawful
16 possession of handguns is a Class 4 felony.
17 (Source: P.A. 88-680, eff. 1-1-95.)
18 (720 ILCS 5/33A-1) (from Ch. 38, par. 33A-1)
19 Sec. 33A-1. Legislative intent and definitions.
20 (a) Legislative findings. The legislature finds and
21 declares the following:
22 (1) The use of a dangerous weapon in the commission
23 of a felony offense poses a much greater threat to the
24 public health, safety, and general welfare, than when a
25 weapon is not used in the commission of the offense.
26 (2) Further, the use of a firearm greatly
27 facilitates the commission of a criminal offense because
28 of the more lethal nature of a firearm and the greater
29 perceived threat produced in those confronted by a person
30 wielding a firearm. Unlike other dangerous weapons such
31 as knives and clubs, the use of a firearm in the
32 commission of a criminal felony offense significantly
33 escalates the threat and the potential for bodily harm,
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1 and the greater range of the firearm increases the
2 potential for harm to more persons. Not only are the
3 victims and bystanders at greater risk when a firearm is
4 used, but also the law enforcement officers whose duty
5 is to confront and apprehend the armed suspect.
6 (3) Current law does contain offenses involving the
7 use or discharge of a gun toward or against a person,
8 such as aggravated battery with a firearm, aggravated
9 discharge of a firearm, and reckless discharge of a
10 firearm; however, the General Assembly has legislated
11 greater penalties for the commission of a felony while in
12 possession of a firearm because it deems such acts as
13 more serious.
14 (b) Legislative intent.
15 (1) In order to deter the use of firearms in the
16 commission of a felony offense, the General Assembly
17 deems it appropriate for a greater penalty to be imposed
18 when a firearm is used or discharged in the commission of
19 an offense than the penalty imposed for using other types
20 of weapons and for the penalty to increase on more
21 serious offenses.
22 (2) With the additional elements of the discharge
23 of a firearm and great bodily harm inflicted by a firearm
24 being added to armed violence and other serious felony
25 offenses, it is the intent of the General Assembly to
26 punish those elements more severely during commission of
27 a felony offense than when those elements stand alone as
28 the act of the offender.
29 (3) It is the intent of the 91st General Assembly
30 that should Public Act 88-680 be declared
31 unconstitutional for a violation of Article 4, Section 8
32 of the 1970 Constitution of the State of Illinois, the
33 amendatory changes made by Public Act 88-680 to Article
34 33A of the Criminal Code of 1961 and which are set forth
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1 as law in this amendatory Act of the 91st General
2 Assembly are hereby reenacted by this amendatory Act of
3 the 91st General Assembly.
4 (c) Definitions.
5 (1) "Armed with a dangerous weapon". A person is
6 considered armed with a dangerous weapon for purposes of
7 this Article, when he or she carries on or about his or
8 her person or is otherwise armed with a Category I,
9 Category II, or Category III weapon.
10 (2) A Category I weapon is a handgun, sawed-off
11 shotgun, sawed-off rifle, any other firearm small enough
12 to be concealed upon the person, semiautomatic firearm,
13 or machine gun. A Category II weapon is any other rifle,
14 shotgun, spring gun, other firearm, stun gun or taser as
15 defined in paragraph (a) of Section 24-1 of this Code,
16 knife with a blade of at least 3 inches in length,
17 dagger, dirk, switchblade knife, stiletto, axe, hatchet,
18 or other deadly or dangerous weapon or instrument of like
19 character. As used in this subsection (b) "semiautomatic
20 firearm" means a repeating firearm that utilizes a
21 portion of the energy of a firing cartridge to extract
22 the fired cartridge case and chamber the next round and
23 that requires a separate pull of the trigger to fire each
24 cartridge.
25 (3) A Category III weapon is a bludgeon,
26 black-jack, slungshot, sand-bag, sand-club, metal
27 knuckles, billy, or other dangerous weapon of like
28 character.
29 (Source: P.A. 91-404, eff. 1-1-00.)
30 (720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
31 Sec. 33A-3. Sentence.
32 (a) Violation of Section 33A-2(a) with a Category I
33 weapon is a Class X felony for which the defendant shall be
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1 sentenced to a minimum term of imprisonment of 15 years.
2 (a-5) Violation of Section 33A-2(a) with a Category II
3 weapon is a Class X felony for which the defendant shall be
4 sentenced to a minimum term of imprisonment of 10 years.
5 (b) Violation of Section 33A-2(a) with a Category III
6 weapon is a Class 2 felony or the felony classification
7 provided for the same act while unarmed, whichever permits
8 the greater penalty. A second or subsequent violation of
9 Section 33A-2(a) with a Category III weapon is a Class 1
10 felony or the felony classification provided for the same act
11 while unarmed, whichever permits the greater penalty.
12 (b-5) Violation of Section 33A-2(b) with a firearm that
13 is a Category I or Category II weapon is a Class X felony for
14 which the defendant shall be sentenced to a minimum term of
15 imprisonment of 20 years.
16 (b-10) Violation of Section 33A-2(c) with a firearm that
17 is a Category I or Category II weapon is a Class X felony for
18 which the defendant shall be sentenced to a term of
19 imprisonment of not less than 25 years nor more than 40
20 years.
21 (c) Unless sentencing under Section 33B-1 is applicable,
22 any person who violates subsection (a) or (b) of Section
23 33A-2 with a firearm, when that person has been convicted in
24 any state or federal court of 3 or more of the following
25 offenses: treason, first degree murder, second degree murder,
26 predatory criminal sexual assault of a child, aggravated
27 criminal sexual assault, criminal sexual assault, robbery,
28 burglary, arson, kidnaping, aggravated battery resulting in
29 great bodily harm or permanent disability or disfigurement,
30 or a violation of Section 401(a) of the Illinois Controlled
31 Substances Act, when the third offense was committed after
32 conviction on the second, the second offense was committed
33 after conviction on the first, and the violation of Section
34 33A-2 was committed after conviction on the third, shall be
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1 sentenced to a term of imprisonment of not less than 25 years
2 nor more than 50 years.
3 (c-5) Except as otherwise provided in paragraph (b-10)
4 or (c) of this Section, a person who violates Section
5 33A-2(a) with a firearm that is a Category I weapon or
6 Section 33A-2(b) in any school, in any conveyance owned,
7 leased, or contracted by a school to transport students to or
8 from school or a school related activity, or on the real
9 property comprising any school or public park, and where the
10 offense was related to the activities of an organized gang,
11 shall be sentenced to a term of imprisonment of not less than
12 the term set forth in subsection (a) or (b-5) of this
13 Section, whichever is applicable, and not more than 30 years.
14 For the purposes of this subsection (c-5), "organized gang"
15 has the meaning ascribed to it in Section 10 of the Illinois
16 Streetgang Terrorism Omnibus Prevention Act.
17 (d) For armed violence based upon a predicate offense
18 listed in this subsection (d) the court shall enter the
19 sentence for armed violence to run consecutively to the
20 sentence imposed for the predicate offense. The offenses
21 covered by this provision are:
22 (i) solicitation of murder,
23 (ii) solicitation of murder for hire,
24 (iii) heinous battery,
25 (iv) aggravated battery of a senior citizen,
26 (v) criminal sexual assault,
27 (vi) a violation of subsection (g) of Section 5 of
28 the Cannabis Control Act,
29 (vii) cannabis trafficking,
30 (viii) a violation of subsection (a) of Section 401
31 of the Illinois Controlled Substances Act,
32 (ix) controlled substance trafficking involving a
33 Class X felony amount of controlled substance under
34 Section 401 of the Illinois Controlled Substances Act,
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1 (x) calculated criminal drug conspiracy, or
2 (xi) streetgang criminal drug conspiracy.
3 (Source: P.A. 91-404, eff. 1-1-00.)
4 (720 ILCS 5/33F-1) (from Ch. 38, par. 33F-1)
5 Sec. 33F-1. Definitions. For purposes of this Article:
6 (a) "Body Armor" means any one of the following:
7 (1) A military style flak or tactical assault vest
8 which is made of Kevlar or any other similar material or
9 metal, fiberglass, plastic, and nylon plates and designed
10 to be worn over one's clothing for the intended purpose
11 of stopping not only missile fragmentation from mines,
12 grenades, mortar shells and artillery fire but also fire
13 from rifles, machine guns, and small arms.
14 (2) Soft body armor which is made of Kevlar or any
15 other similar material or metal or any other type of
16 insert and which is lightweight and pliable and which can
17 be easily concealed under a shirt.
18 (3) A military style recon/surveillance vest which
19 is made of Kevlar or any other similar material and which
20 is lightweight and designed to be worn over one's
21 clothing.
22 (4) Protective casual clothing which is made of
23 Kevlar or any other similar material and which was
24 originally intended to be used by undercover law
25 enforcement officers or dignitaries and is designed to
26 look like jackets, coats, raincoats, quilted or three
27 piece suit vests.
28 (b) "Dangerous weapon" means a Category I, Category II,
29 or Category III weapon as defined in Section 33A-1 of this
30 Code.
31 (Source: P.A. 87-521; 88-680, eff. 1-1-95.)
32 Section 50-6. The Criminal Identification Act is amended
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1 by changing Section 5 as follows:
2 (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
3 Sec. 5. Arrest reports; expungement.
4 (a) All policing bodies of this State shall furnish to
5 the Department, daily, in the form and detail the Department
6 requires, fingerprints and descriptions of all persons who
7 are arrested on charges of violating any penal statute of
8 this State for offenses that are classified as felonies and
9 Class A or B misdemeanors and of all minors of the age of 10
10 and over who have been arrested for an offense which would be
11 a felony if committed by an adult, and may forward such
12 fingerprints and descriptions for minors arrested for Class A
13 or B misdemeanors. Moving or nonmoving traffic violations
14 under the Illinois Vehicle Code shall not be reported except
15 for violations of Chapter 4, Section 11-204.1, or Section
16 11-501 of that Code. In addition, conservation offenses, as
17 defined in the Supreme Court Rule 501(c), that are classified
18 as Class B misdemeanors shall not be reported.
19 Whenever an adult or minor prosecuted as an adult, not
20 having previously been convicted of any criminal offense or
21 municipal ordinance violation, charged with a violation of a
22 municipal ordinance or a felony or misdemeanor, is acquitted
23 or released without being convicted, whether the acquittal or
24 release occurred before, on, or after the effective date of
25 this amendatory Act of 1991, the Chief Judge of the circuit
26 wherein the charge was brought, any judge of that circuit
27 designated by the Chief Judge, or in counties of less than
28 3,000,000 inhabitants, the presiding trial judge at the
29 defendant's trial may upon verified petition of the defendant
30 order the record of arrest expunged from the official records
31 of the arresting authority and the Department and order that
32 the records of the clerk of the circuit court be sealed until
33 further order of the court upon good cause shown and the name
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1 of the defendant obliterated on the official index required
2 to be kept by the circuit court clerk under Section 16 of the
3 Clerks of Courts Act, but the order shall not affect any
4 index issued by the circuit court clerk before the entry of
5 the order. The Department may charge the petitioner a fee
6 equivalent to the cost of processing any order to expunge or
7 seal the records, and the fee shall be deposited into the
8 State Police Services Fund. The records of those arrests,
9 however, that result in a disposition of supervision for any
10 offense shall not be expunged from the records of the
11 arresting authority or the Department nor impounded by the
12 court until 2 years after discharge and dismissal of
13 supervision. Those records that result from a supervision
14 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
15 11-503 of the Illinois Vehicle Code or a similar provision of
16 a local ordinance, or for a violation of Section 12-3.2,
17 12-15 or 16A-3 of the Criminal Code of 1961, or probation
18 under Section 10 of the Cannabis Control Act, Section 410 of
19 the Illinois Controlled Substances Act, Section 12-4.3(b)(1)
20 and (2) of the Criminal Code of 1961 (as those provisions
21 existed before their deletion by Public Act 89-313), Section
22 10-102 of the Illinois Alcoholism and Other Drug Dependency
23 Act when the judgment of conviction has been vacated, Section
24 40-10 of the Alcoholism and Other Drug Abuse and Dependency
25 Act when the judgment of conviction has been vacated, or
26 Section 10 of the Steroid Control Act shall not be expunged
27 from the records of the arresting authority nor impounded by
28 the court until 5 years after termination of probation or
29 supervision. Those records that result from a supervision
30 for a violation of Section 11-501 of the Illinois Vehicle
31 Code or a similar provision of a local ordinance, shall not
32 be expunged. All records set out above may be ordered by the
33 court to be expunged from the records of the arresting
34 authority and impounded by the court after 5 years, but shall
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1 not be expunged by the Department, but shall, on court order
2 be sealed by the Department and may be disseminated by the
3 Department only as required by law or to the arresting
4 authority, the State's Attorney, and the court upon a later
5 arrest for the same or a similar offense or for the purpose
6 of sentencing for any subsequent felony. Upon conviction for
7 any offense, the Department of Corrections shall have access
8 to all sealed records of the Department pertaining to that
9 individual.
10 (a-5) Those records maintained by the Department for
11 persons arrested prior to their 17th birthday shall be
12 expunged as provided in Section 5-915 of the Juvenile Court
13 Act of 1987.
14 (b) Whenever a person has been convicted of a crime or
15 of the violation of a municipal ordinance, in the name of a
16 person whose identity he has stolen or otherwise come into
17 possession of, the aggrieved person from whom the identity
18 was stolen or otherwise obtained without authorization, upon
19 learning of the person having been arrested using his
20 identity, may, upon verified petition to the chief judge of
21 the circuit wherein the arrest was made, have a court order
22 entered nunc pro tunc by the chief judge to correct the
23 arrest record, conviction record, if any, and all official
24 records of the arresting authority, the Department, other
25 criminal justice agencies, the prosecutor, and the trial
26 court concerning such arrest, if any, by removing his name
27 from all such records in connection with the arrest and
28 conviction, if any, and by inserting in the records the name
29 of the offender, if known or ascertainable, in lieu of the
30 has name. The records of the clerk of the circuit court
31 clerk shall be sealed until further order of the court upon
32 good cause shown and the name of the aggrieved person
33 obliterated on the official index required to be kept by the
34 circuit court clerk under Section 16 of the Clerks of Courts
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1 Act, but the order shall not affect any index issued by the
2 circuit court clerk before the entry of the order. Nothing in
3 this Section shall limit the Department of State Police or
4 other criminal justice agencies or prosecutors from listing
5 under an offender's name the false names he or she has used.
6 For purposes of this Section, convictions for moving and
7 nonmoving traffic violations other than convictions for
8 violations of Chapter 4, Section 11-204.1 or Section 11-501
9 of the Illinois Vehicle Code shall not be a bar to expunging
10 the record of arrest and court records for violation of a
11 misdemeanor or municipal ordinance.
12 (c) Whenever a person who has been convicted of an
13 offense is granted a pardon by the Governor which
14 specifically authorizes expungement, he may, upon verified
15 petition to the chief judge of the circuit where the person
16 had been convicted, any judge of the circuit designated by
17 the Chief Judge, or in counties of less than 3,000,000
18 inhabitants, the presiding trial judge at the defendant's
19 trial, may have a court order entered expunging the record of
20 arrest from the official records of the arresting authority
21 and order that the records of the clerk of the circuit court
22 and the Department be sealed until further order of the court
23 upon good cause shown or as otherwise provided herein, and
24 the name of the defendant obliterated from the official index
25 requested to be kept by the circuit court clerk under Section
26 16 of the Clerks of Courts Act in connection with the arrest
27 and conviction for the offense for which he had been pardoned
28 but the order shall not affect any index issued by the
29 circuit court clerk before the entry of the order. All
30 records sealed by the Department may be disseminated by the
31 Department only as required by law or to the arresting
32 authority, the State's Attorney, and the court upon a later
33 arrest for the same or similar offense or for the purpose of
34 sentencing for any subsequent felony. Upon conviction for
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1 any subsequent offense, the Department of Corrections shall
2 have access to all sealed records of the Department
3 pertaining to that individual. Upon entry of the order of
4 expungement, the clerk of the circuit court shall promptly
5 mail a copy of the order to the person who was pardoned.
6 (c-5) Whenever a person has been convicted of criminal
7 sexual assault, aggravated criminal sexual assault, predatory
8 criminal sexual assault of a child, criminal sexual abuse, or
9 aggravated criminal sexual abuse, the victim of that offense
10 may request that the State's Attorney of the county in which
11 the conviction occurred file a verified petition with the
12 presiding trial judge at the defendant's trial to have a
13 court order entered to seal the records of the clerk of the
14 circuit court in connection with the proceedings of the trial
15 court concerning that offense. However, the records of the
16 arresting authority and the Department of State Police
17 concerning the offense shall not be sealed. The court, upon
18 good cause shown, shall make the records of the clerk of the
19 circuit court in connection with the proceedings of the trial
20 court concerning the offense available for public inspection.
21 (d) Notice of the petition for subsections (a), (b), and
22 (c) shall be served upon the State's Attorney or prosecutor
23 charged with the duty of prosecuting the offense, the
24 Department of State Police, the arresting agency and the
25 chief legal officer of the unit of local government affecting
26 the arrest. Unless the State's Attorney or prosecutor, the
27 Department of State Police, the arresting agency or such
28 chief legal officer objects to the petition within 30 days
29 from the date of the notice, the court shall enter an order
30 granting or denying the petition. The clerk of the court
31 shall promptly mail a copy of the order to the person, the
32 arresting agency, the prosecutor, the Department of State
33 Police and such other criminal justice agencies as may be
34 ordered by the judge.
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1 (e) Nothing herein shall prevent the Department of State
2 Police from maintaining all records of any person who is
3 admitted to probation upon terms and conditions and who
4 fulfills those terms and conditions pursuant to Section 10 of
5 the Cannabis Control Act, Section 410 of the Illinois
6 Controlled Substances Act, Section 12-4.3 of the Criminal
7 Code of 1961, Section 10-102 of the Illinois Alcoholism and
8 Other Drug Dependency Act, Section 40-10 of the Alcoholism
9 and Other Drug Abuse and Dependency Act, or Section 10 of the
10 Steroid Control Act.
11 (f) No court order issued pursuant to the expungement
12 provisions of this Section shall become final for purposes of
13 appeal until 30 days after notice is received by the
14 Department. Any court order contrary to the provisions of
15 this Section is void.
16 (g) Except as otherwise provided in subsection (c-5) of
17 this Section, the court shall not order the sealing or
18 expungement of the arrest records and records of the circuit
19 court clerk of any person granted supervision for or
20 convicted of any sexual offense committed against a minor
21 under 18 years of age. For the purposes of this Section,
22 "sexual offense committed against a minor" includes but is
23 not limited to the offenses of indecent solicitation of a
24 child or criminal sexual abuse when the victim of such
25 offense is under 18 years of age.
26 (h) Notwithstanding any other provision of this Section,
27 one year after a discharge and dismissal under subsection
28 (b-5) of Section 24-1 of the Criminal Code of 1961, the court
29 shall upon verified petition of the defendant order the
30 record of arrest expunged from the official records of the
31 arresting authority and sealed by the Department and order
32 that the records of the clerk of the circuit court be sealed
33 until further order of the court upon good cause shown and
34 the name of the defendant obliterated on the official
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1 index required to be kept by the circuit court clerk under
2 Section 16 of the Clerks of Courts Act, unless the State's
3 Attorney files an objection. If the State's Attorney files
4 an objection, the court shall set a hearing and notify all
5 parties. After the hearing, the court shall determine
6 whether good cause exists for the expungement and enter an
7 order in accordance with its findings. The order shall not
8 affect any index issued by the circuit court clerk before the
9 entry of the order. The Department may charge the
10 petitioner a fee equivalent to the cost of processing
11 any order, and the fee shall be deposited into the State
12 Police Services Fund. All records sealed by the Department
13 may be disseminated by the Department only as required by law
14 or to the arresting authority, the State's Attorney, and the
15 court upon a later arrest for the same or a similar offense
16 or for the purpose of sentencing for any subsequent
17 felony. Upon conviction for any offense, the Department of
18 Corrections shall have access to all sealed records of the
19 Department pertaining to that individual.
20 (Source: P.A. 90-590, eff. 1-1-00; 91-295, eff. 1-1-00;
21 91-357, eff. 7-29-99.)
22 Section 50-10. The Wrongs to Children Act is amended by
23 re-enacting Section 5.1 as follows:
24 (720 ILCS 150/5.1) (from Ch. 23, par. 2355.1)
25 Sec. 5.1. A. A parent, step-parent, legal guardian, or
26 other person having custody of a child who knowingly allows
27 or permits an act of criminal sexual abuse or criminal sexual
28 assault as defined in Section 12-13, 12-14, 12-14.1, 12-15 or
29 12-16 of the Criminal Code of 1961, upon his or her child, or
30 knowingly permits, induces, promotes, or arranges for the
31 child to engage in prostitution as defined in Section 11-14
32 of the Criminal Code of 1961, and fails to take reasonable
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1 steps to prevent its commission or future occurrences of such
2 acts commits the offense of permitting the sexual abuse of a
3 child. For purposes of this Section, "child" means a minor
4 under the age of 17 years.
5 B. Any person convicted of permitting the sexual abuse
6 of a child is guilty of a Class 1 felony.
7 (Source: P.A. 88-680, eff. 1-1-95; 89-428, eff. 12-13-95;
8 89-462, eff. 5-29-96.)
9 Section 50-15. The Unified Code of Corrections is
10 amended by re-enacting Section 5-5-3 as follows:
11 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
12 Sec. 5-5-3. Disposition.
13 (a) Every person convicted of an offense shall be
14 sentenced as provided in this Section.
15 (b) The following options shall be appropriate
16 dispositions, alone or in combination, for all felonies and
17 misdemeanors other than those identified in subsection (c) of
18 this Section:
19 (1) A period of probation.
20 (2) A term of periodic imprisonment.
21 (3) A term of conditional discharge.
22 (4) A term of imprisonment.
23 (5) An order directing the offender to clean up and
24 repair the damage, if the offender was convicted under
25 paragraph (h) of Section 21-1 of the Criminal Code of
26 1961.
27 (6) A fine.
28 (7) An order directing the offender to make
29 restitution to the victim under Section 5-5-6 of this
30 Code.
31 (8) A sentence of participation in a county impact
32 incarceration program under Section 5-8-1.2 of this Code.
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1 Whenever an individual is sentenced for an offense based
2 upon an arrest for a violation of Section 11-501 of the
3 Illinois Vehicle Code, or a similar provision of a local
4 ordinance, and the professional evaluation recommends
5 remedial or rehabilitative treatment or education, neither
6 the treatment nor the education shall be the sole disposition
7 and either or both may be imposed only in conjunction with
8 another disposition. The court shall monitor compliance with
9 any remedial education or treatment recommendations contained
10 in the professional evaluation. Programs conducting alcohol
11 or other drug evaluation or remedial education must be
12 licensed by the Department of Human Services. However, if
13 the individual is not a resident of Illinois, the court may
14 accept an alcohol or other drug evaluation or remedial
15 education program in the state of such individual's
16 residence. Programs providing treatment must be licensed
17 under existing applicable alcoholism and drug treatment
18 licensure standards.
19 In addition to any other fine or penalty required by law,
20 any individual convicted of a violation of Section 11-501 of
21 the Illinois Vehicle Code or a similar provision of local
22 ordinance, whose operation of a motor vehicle while in
23 violation of Section 11-501 or such ordinance proximately
24 caused an incident resulting in an appropriate emergency
25 response, shall be required to make restitution to a public
26 agency for the costs of that emergency response. Such
27 restitution shall not exceed $500 per public agency for each
28 such emergency response. For the purpose of this paragraph,
29 emergency response shall mean any incident requiring a
30 response by: a police officer as defined under Section 1-162
31 of the Illinois Vehicle Code; a fireman carried on the rolls
32 of a regularly constituted fire department; and an ambulance
33 as defined under Section 4.05 of the Emergency Medical
34 Services (EMS) Systems Act.
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1 Neither a fine nor restitution shall be the sole
2 disposition for a felony and either or both may be imposed
3 only in conjunction with another disposition.
4 (c) (1) When a defendant is found guilty of first degree
5 murder the State may either seek a sentence of
6 imprisonment under Section 5-8-1 of this Code, or where
7 appropriate seek a sentence of death under Section 9-1 of
8 the Criminal Code of 1961.
9 (2) A period of probation, a term of periodic
10 imprisonment or conditional discharge shall not be
11 imposed for the following offenses. The court shall
12 sentence the offender to not less than the minimum term
13 of imprisonment set forth in this Code for the following
14 offenses, and may order a fine or restitution or both in
15 conjunction with such term of imprisonment:
16 (A) First degree murder where the death
17 penalty is not imposed.
18 (B) Attempted first degree murder.
19 (C) A Class X felony.
20 (D) A violation of Section 401.1 or 407 of the
21 Illinois Controlled Substances Act, or a violation
22 of subdivision (c)(2) of Section 401 of that Act
23 which relates to more than 5 grams of a substance
24 containing cocaine or an analog thereof.
25 (E) A violation of Section 5.1 or 9 of the
26 Cannabis Control Act.
27 (F) A Class 2 or greater felony if the
28 offender had been convicted of a Class 2 or greater
29 felony within 10 years of the date on which he
30 committed the offense for which he is being
31 sentenced.
32 (G) Residential burglary.
33 (H) Criminal sexual assault, except as
34 otherwise provided in subsection (e) of this
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1 Section.
2 (I) Aggravated battery of a senior citizen.
3 (J) A forcible felony if the offense was
4 related to the activities of an organized gang.
5 Before July 1, 1994, for the purposes of this
6 paragraph, "organized gang" means an association of
7 5 or more persons, with an established hierarchy,
8 that encourages members of the association to
9 perpetrate crimes or provides support to the members
10 of the association who do commit crimes.
11 Beginning July 1, 1994, for the purposes of
12 this paragraph, "organized gang" has the meaning
13 ascribed to it in Section 10 of the Illinois
14 Streetgang Terrorism Omnibus Prevention Act.
15 (K) Vehicular hijacking.
16 (L) A second or subsequent conviction for the
17 offense of hate crime when the underlying offense
18 upon which the hate crime is based is felony
19 aggravated assault or felony mob action.
20 (M) A second or subsequent conviction for the
21 offense of institutional vandalism if the damage to
22 the property exceeds $300.
23 (N) A Class 3 felony violation of paragraph
24 (1) of subsection (a) of Section 2 of the Firearm
25 Owners Identification Card Act.
26 (O) A violation of Section 12-6.1 of the
27 Criminal Code of 1961.
28 (P) A violation of paragraph (1), (2), (3),
29 (4), (5), or (7) of subsection (a) of Section
30 11-20.1 of the Criminal Code of 1961.
31 (Q) A violation of Section 20-1.2 of the
32 Criminal Code of 1961.
33 (R) A violation of Section 24-3A of the
34 Criminal Code of 1961.
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1 (3) A minimum term of imprisonment of not less than
2 48 consecutive hours or 100 hours of community service as
3 may be determined by the court shall be imposed for a
4 second or subsequent violation committed within 5 years
5 of a previous violation of Section 11-501 of the Illinois
6 Vehicle Code or a similar provision of a local ordinance.
7 (4) A minimum term of imprisonment of not less than
8 7 consecutive days or 30 days of community service shall
9 be imposed for a violation of paragraph (c) of Section
10 6-303 of the Illinois Vehicle Code.
11 (4.1) A minimum term of 30 consecutive days of
12 imprisonment, 40 days of 24 hour periodic imprisonment or
13 720 hours of community service, as may be determined by
14 the court, shall be imposed for a violation of Section
15 11-501 of the Illinois Vehicle Code during a period in
16 which the defendant's driving privileges are revoked or
17 suspended, where the revocation or suspension was for a
18 violation of Section 11-501 or Section 11-501.1 of that
19 Code.
20 (5) The court may sentence an offender convicted of
21 a business offense or a petty offense or a corporation or
22 unincorporated association convicted of any offense to:
23 (A) a period of conditional discharge;
24 (B) a fine;
25 (C) make restitution to the victim under
26 Section 5-5-6 of this Code.
27 (6) In no case shall an offender be eligible for a
28 disposition of probation or conditional discharge for a
29 Class 1 felony committed while he was serving a term of
30 probation or conditional discharge for a felony.
31 (7) When a defendant is adjudged a habitual
32 criminal under Article 33B of the Criminal Code of 1961,
33 the court shall sentence the defendant to a term of
34 natural life imprisonment.
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1 (8) When a defendant, over the age of 21 years, is
2 convicted of a Class 1 or Class 2 felony, after having
3 twice been convicted of any Class 2 or greater Class
4 felonies in Illinois, and such charges are separately
5 brought and tried and arise out of different series of
6 acts, such defendant shall be sentenced as a Class X
7 offender. This paragraph shall not apply unless (1) the
8 first felony was committed after the effective date of
9 this amendatory Act of 1977; and (2) the second felony
10 was committed after conviction on the first; and (3) the
11 third felony was committed after conviction on the
12 second.
13 (9) A defendant convicted of a second or subsequent
14 offense of ritualized abuse of a child may be sentenced
15 to a term of natural life imprisonment.
16 (d) In any case in which a sentence originally imposed
17 is vacated, the case shall be remanded to the trial court.
18 The trial court shall hold a hearing under Section 5-4-1 of
19 the Unified Code of Corrections which may include evidence of
20 the defendant's life, moral character and occupation during
21 the time since the original sentence was passed. The trial
22 court shall then impose sentence upon the defendant. The
23 trial court may impose any sentence which could have been
24 imposed at the original trial subject to Section 5-5-4 of the
25 Unified Code of Corrections.
26 (e) In cases where prosecution for criminal sexual
27 assault or aggravated criminal sexual abuse under Section
28 12-13 or 12-16 of the Criminal Code of 1961 results in
29 conviction of a defendant who was a family member of the
30 victim at the time of the commission of the offense, the
31 court shall consider the safety and welfare of the victim and
32 may impose a sentence of probation only where:
33 (1) the court finds (A) or (B) or both are
34 appropriate:
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1 (A) the defendant is willing to undergo a
2 court approved counseling program for a minimum
3 duration of 2 years; or
4 (B) the defendant is willing to participate in
5 a court approved plan including but not limited to
6 the defendant's:
7 (i) removal from the household;
8 (ii) restricted contact with the victim;
9 (iii) continued financial support of the
10 family;
11 (iv) restitution for harm done to the
12 victim; and
13 (v) compliance with any other measures
14 that the court may deem appropriate; and
15 (2) the court orders the defendant to pay for the
16 victim's counseling services, to the extent that the
17 court finds, after considering the defendant's income and
18 assets, that the defendant is financially capable of
19 paying for such services, if the victim was under 18
20 years of age at the time the offense was committed and
21 requires counseling as a result of the offense.
22 Probation may be revoked or modified pursuant to Section
23 5-6-4; except where the court determines at the hearing that
24 the defendant violated a condition of his or her probation
25 restricting contact with the victim or other family members
26 or commits another offense with the victim or other family
27 members, the court shall revoke the defendant's probation and
28 impose a term of imprisonment.
29 For the purposes of this Section, "family member" and
30 "victim" shall have the meanings ascribed to them in Section
31 12-12 of the Criminal Code of 1961.
32 (f) This Article shall not deprive a court in other
33 proceedings to order a forfeiture of property, to suspend or
34 cancel a license, to remove a person from office, or to
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1 impose any other civil penalty.
2 (g) Whenever a defendant is convicted of an offense
3 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
4 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
5 12-15 or 12-16 of the Criminal Code of 1961, the defendant
6 shall undergo medical testing to determine whether the
7 defendant has any sexually transmissible disease, including a
8 test for infection with human immunodeficiency virus (HIV) or
9 any other identified causative agent of acquired
10 immunodeficiency syndrome (AIDS). Any such medical test
11 shall be performed only by appropriately licensed medical
12 practitioners and may include an analysis of any bodily
13 fluids as well as an examination of the defendant's person.
14 Except as otherwise provided by law, the results of such test
15 shall be kept strictly confidential by all medical personnel
16 involved in the testing and must be personally delivered in a
17 sealed envelope to the judge of the court in which the
18 conviction was entered for the judge's inspection in camera.
19 Acting in accordance with the best interests of the victim
20 and the public, the judge shall have the discretion to
21 determine to whom, if anyone, the results of the testing may
22 be revealed. The court shall notify the defendant of the test
23 results. The court shall also notify the victim if requested
24 by the victim, and if the victim is under the age of 15 and
25 if requested by the victim's parents or legal guardian, the
26 court shall notify the victim's parents or legal guardian of
27 the test results. The court shall provide information on the
28 availability of HIV testing and counseling at Department of
29 Public Health facilities to all parties to whom the results
30 of the testing are revealed and shall direct the State's
31 Attorney to provide the information to the victim when
32 possible. A State's Attorney may petition the court to obtain
33 the results of any HIV test administered under this Section,
34 and the court shall grant the disclosure if the State's
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1 Attorney shows it is relevant in order to prosecute a charge
2 of criminal transmission of HIV under Section 12-16.2 of the
3 Criminal Code of 1961 against the defendant. The court shall
4 order that the cost of any such test shall be paid by the
5 county and may be taxed as costs against the convicted
6 defendant.
7 (g-5) When an inmate is tested for an airborne
8 communicable disease, as determined by the Illinois
9 Department of Public Health including but not limited to
10 tuberculosis, the results of the test shall be personally
11 delivered by the warden or his or her designee in a sealed
12 envelope to the judge of the court in which the inmate must
13 appear for the judge's inspection in camera if requested by
14 the judge. Acting in accordance with the best interests of
15 those in the courtroom, the judge shall have the discretion
16 to determine what if any precautions need to be taken to
17 prevent transmission of the disease in the courtroom.
18 (h) Whenever a defendant is convicted of an offense
19 under Section 1 or 2 of the Hypodermic Syringes and Needles
20 Act, the defendant shall undergo medical testing to determine
21 whether the defendant has been exposed to human
22 immunodeficiency virus (HIV) or any other identified
23 causative agent of acquired immunodeficiency syndrome (AIDS).
24 Except as otherwise provided by law, the results of such test
25 shall be kept strictly confidential by all medical personnel
26 involved in the testing and must be personally delivered in a
27 sealed envelope to the judge of the court in which the
28 conviction was entered for the judge's inspection in camera.
29 Acting in accordance with the best interests of the public,
30 the judge shall have the discretion to determine to whom, if
31 anyone, the results of the testing may be revealed. The court
32 shall notify the defendant of a positive test showing an
33 infection with the human immunodeficiency virus (HIV). The
34 court shall provide information on the availability of HIV
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1 testing and counseling at Department of Public Health
2 facilities to all parties to whom the results of the testing
3 are revealed and shall direct the State's Attorney to provide
4 the information to the victim when possible. A State's
5 Attorney may petition the court to obtain the results of any
6 HIV test administered under this Section, and the court
7 shall grant the disclosure if the State's Attorney shows it
8 is relevant in order to prosecute a charge of criminal
9 transmission of HIV under Section 12-16.2 of the Criminal
10 Code of 1961 against the defendant. The court shall order
11 that the cost of any such test shall be paid by the county
12 and may be taxed as costs against the convicted defendant.
13 (i) All fines and penalties imposed under this Section
14 for 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 (j) In cases when prosecution for any violation of
21 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
22 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
23 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
24 12-16 of the Criminal Code of 1961, any violation of the
25 Illinois Controlled Substances Act, or any violation of the
26 Cannabis Control Act results in conviction, a disposition of
27 court supervision, or an order of probation granted under
28 Section 10 of the Cannabis Control Act or Section 410 of the
29 Illinois Controlled Substance Act of a defendant, the court
30 shall determine whether the defendant is employed by a
31 facility or center as defined under the Child Care Act of
32 1969, a public or private elementary or secondary school, or
33 otherwise works with children under 18 years of age on a
34 daily basis. When a defendant is so employed, the court
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1 shall order the Clerk of the Court to send a copy of the
2 judgment of conviction or order of supervision or probation
3 to the defendant's employer by certified mail. If the
4 employer of the defendant is a school, the Clerk of the Court
5 shall direct the mailing of a copy of the judgment of
6 conviction or order of supervision or probation to the
7 appropriate regional superintendent of schools. The regional
8 superintendent of schools shall notify the State Board of
9 Education of any notification under this subsection.
10 (j-5) A defendant at least 17 years of age who is
11 convicted of a felony and who has not been previously
12 convicted of a misdemeanor or felony and who is sentenced to
13 a term of imprisonment in the Illinois Department of
14 Corrections shall as a condition of his or her sentence be
15 required by the court to attend educational courses designed
16 to prepare the defendant for a high school diploma and to
17 work toward a high school diploma or to work toward passing
18 the high school level Test of General Educational Development
19 (GED) or to work toward completing a vocational training
20 program offered by the Department of Corrections. If a
21 defendant fails to complete the educational training required
22 by his or her sentence during the term of incarceration, the
23 Prisoner Review Board shall, as a condition of mandatory
24 supervised release, require the defendant, at his or her own
25 expense, to pursue a course of study toward a high school
26 diploma or passage of the GED test. The Prisoner Review
27 Board shall revoke the mandatory supervised release of a
28 defendant who wilfully fails to comply with this subsection
29 (j-5) upon his or her release from confinement in a penal
30 institution while serving a mandatory supervised release
31 term; however, the inability of the defendant after making a
32 good faith effort to obtain financial aid or pay for the
33 educational training shall not be deemed a wilful failure to
34 comply. The Prisoner Review Board shall recommit the
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1 defendant whose mandatory supervised release term has been
2 revoked under this subsection (j-5) as provided in Section
3 3-3-9. This subsection (j-5) does not apply to a defendant
4 who has a high school diploma or has successfully passed the
5 GED test. This subsection (j-5) does not apply to a defendant
6 who is determined by the court to be developmentally disabled
7 or otherwise mentally incapable of completing the educational
8 or vocational program.
9 (k) A court may not impose a sentence or disposition for
10 a felony or misdemeanor that requires the defendant to be
11 implanted or injected with or to use any form of birth
12 control.
13 (l) (A) Except as provided in paragraph (C) of
14 subsection (l), whenever a defendant, who is an alien as
15 defined by the Immigration and Nationality Act, is
16 convicted of any felony or misdemeanor offense, the court
17 after sentencing the defendant may, upon motion of the
18 State's Attorney, hold sentence in abeyance and remand
19 the defendant to the custody of the Attorney General of
20 the United States or his or her designated agent to be
21 deported when:
22 (1) a final order of deportation has been
23 issued against the defendant pursuant to proceedings
24 under the Immigration and Nationality Act, and
25 (2) the deportation of the defendant would not
26 deprecate the seriousness of the defendant's conduct
27 and would not be inconsistent with the ends of
28 justice.
29 Otherwise, the defendant shall be sentenced as
30 provided in this Chapter V.
31 (B) If the defendant has already been sentenced for
32 a felony or misdemeanor offense, or has been placed on
33 probation under Section 10 of the Cannabis Control Act or
34 Section 410 of the Illinois Controlled Substances Act,
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1 the court may, upon motion of the State's Attorney to
2 suspend the sentence imposed, commit the defendant to the
3 custody of the Attorney General of the United States or
4 his or her designated agent when:
5 (1) a final order of deportation has been
6 issued against the defendant pursuant to proceedings
7 under the Immigration and Nationality Act, and
8 (2) the deportation of the defendant would not
9 deprecate the seriousness of the defendant's conduct
10 and would not be inconsistent with the ends of
11 justice.
12 (C) This subsection (l) does not apply to offenders
13 who are subject to the provisions of paragraph (2) of
14 subsection (a) of Section 3-6-3.
15 (D) Upon motion of the State's Attorney, if a
16 defendant sentenced under this Section returns to the
17 jurisdiction of the United States, the defendant shall be
18 recommitted to the custody of the county from which he or
19 she was sentenced. Thereafter, the defendant shall be
20 brought before the sentencing court, which may impose any
21 sentence that was available under Section 5-5-3 at the
22 time of initial sentencing. In addition, the defendant
23 shall not be eligible for additional good conduct credit
24 for meritorious service as provided under Section 3-6-6.
25 (m) A person convicted of criminal defacement of
26 property under Section 21-1.3 of the Criminal Code of 1961,
27 in which the property damage exceeds $300 and the property
28 damaged is a school building, shall be ordered to perform
29 community service that may include cleanup, removal, or
30 painting over the defacement.
31 (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
32 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98;
33 91-357, eff. 7-29-99; 91-404, eff. 1-1-00.)
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1 ARTICLE 900
2 Section 95. No acceleration or delay. Where this Act
3 makes changes in a statute that is represented in this Act by
4 text that is not yet or no longer in effect (for example, a
5 Section represented by multiple versions), the use of that
6 text does not accelerate or delay the taking effect of (i)
7 the changes made by this Act or (ii) provisions derived from
8 any other Public Act.
9 ARTICLE 990
10 Section 990-1. Severability. The provisions of this Act
11 are severable under Section 1.31 of the Statute on Statutes.
12 ARTICLE 999
13 Section 999-1. Effective date. This Act takes effect
14 upon becoming law.".