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91_SB1365
LRB9111410RCpk
1 AN ACT to re-enact certain criminal provisions of Public
2 Act 88-680.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Purpose.
6 (1) The General Assembly finds and declares that:
7 (i) Public Act 88-680, effective January 1, 1995,
8 contained provisions amending the Criminal Code of 1961,
9 the Unified Code of Corrections and the Wrongs to
10 Children Act. Public Act 88-680 also contained other
11 provisions.
12 (ii) In addition, Public Act 88-680 was entitled
13 "AN ACT to create a Safe Neighborhoods Law". (A) Article
14 5 was entitled JUVENILE JUSTICE and amended the Juvenile
15 Court Act of 1987. (B) Article 15 was entitled GANGS and
16 amended various provisions of the Criminal Code of 1961
17 and the Unified Code of Corrections. (C) Article 20 was
18 entitled ALCOHOL ABUSE and amended various provisions of
19 the Illinois Vehicle Code. (D) Article 25 was entitled
20 DRUG ABUSE and amended the Cannabis Control Act and the
21 Illinois Controlled Substances Act. (E) Article 30 was
22 entitled FIREARMS and amended the Criminal Code of 1961
23 and the Code of Criminal Procedure of 1963. (F) Article
24 35 amended the Criminal Code of 1961, the Rights of Crime
25 Victims and Witnesses Act, and the Unified Code of
26 Corrections. (G) Article 40 amended the Criminal Code of
27 1961 to increase the penalty for compelling organization
28 membership of persons. (H) Article 45 created the Secure
29 Residential Youth Care Facility Licensing Act and amended
30 the State Finance Act, the Juvenile Court Act of 1987,
31 the Unified Code of Corrections, and the Private
32 Correctional Facility Moratorium Act. (I) Article 50
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1 amended the WIC Vendor Management Act, the Firearm Owners
2 Identification Card Act, the Juvenile Court Act of 1987,
3 the Criminal Code of 1961, the Wrongs to Children Act,
4 and the Unified Code of Corrections.
5 (iii) On December 2, 1999, the Illinois Supreme
6 Court, in People v. Cervantes, Docket No. 87229, ruled
7 that Public Act 88-680 violates the single subject clause
8 of the Illinois Constitution (Article IV, Section 8 (d))
9 and was unconstitutional in its entirety.
10 (iv) The provisions of Public Act 88-680 amending
11 the Criminal Code of 1961, the Unified Code of
12 Corrections, and the Wrongs to Children Act are of vital
13 concern to the people of this State and legislative
14 action concerning those provisions of Public Act 88-680
15 is necessary.
16 (2) It is the purpose of this Act to re-enact certain
17 criminal provisions of Public Act 88-680, including
18 subsequent amendments. This re-enactment is intended to
19 remove any question as to the validity or content of those
20 provisions.
21 (3) This Act re-enacts certain criminal provisions of
22 Public Act 88-680, including subsequent amendments, to remove
23 any question as to the validity or content of those
24 provisions; it is not intended to supersede any other Public
25 Act that amends the text of the Sections as set forth in this
26 Act. The material is shown as existing text (i.e., without
27 underscoring), except for technical changes having a revisory
28 function.
29 ARTICLE 15. GANGS
30 Section 15-5. The Criminal Code of 1961 is amended by
31 re-enacting Sections 12-6, 32-4, and 32-4a as follows:
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1 (720 ILCS 5/12-6) (from Ch. 38, par. 12-6)
2 Sec. 12-6. Intimidation.
3 (a) A person commits intimidation when, with intent to
4 cause another to perform or to omit the performance of any
5 act, he communicates to another, whether in person, by
6 telephone or by mail, a threat to perform without lawful
7 authority any of the following acts:
8 (1) Inflict physical harm on the person threatened
9 or any other person or on property; or
10 (2) Subject any person to physical confinement or
11 restraint; or
12 (3) Commit any criminal offense; or
13 (4) Accuse any person of an offense; or
14 (5) Expose any person to hatred, contempt or
15 ridicule; or
16 (6) Take action as a public official against anyone
17 or anything, or withhold official action, or cause such
18 action or withholding; or
19 (7) Bring about or continue a strike, boycott or
20 other collective action.
21 (b) Sentence.
22 Intimidation is a Class 3 felony for which an offender
23 may be sentenced to a term of imprisonment of not less than 2
24 years and not more than 10 years.
25 (Source: P.A. 88-680, eff. 1-1-95.)
26 (720 ILCS 5/32-4) (from Ch. 38, par. 32-4)
27 Sec. 32-4. Communicating with jurors and witnesses.
28 (a) A person who, with intent to influence any person
29 whom he believes has been summoned as a juror, regarding any
30 matter which is or may be brought before such juror,
31 communicates, directly or indirectly, with such juror
32 otherwise than as authorized by law commits a Class 4 felony.
33 (b) A person who, with intent to deter any party or
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1 witness from testifying freely, fully and truthfully to any
2 matter pending in any court, or before a Grand Jury,
3 Administrative agency or any other State or local
4 governmental unit, forcibly detains such party or witness, or
5 communicates, directly or indirectly, to such party or
6 witness any knowingly false information or a threat of injury
7 or damage to the property or person of any individual or
8 offers or delivers or threatens to withhold money or another
9 thing of value to any individual commits a Class 3 felony.
10 (Source: P.A. 88-680, eff. 1-1-95; 89-377, eff. 8-18-95.)
11 (720 ILCS 5/32-4a) (from Ch. 38, par. 32-4a)
12 Sec. 32-4a. Harassment of representatives for the child,
13 jurors, witnesses and family members of representatives for
14 the child, jurors, and witnesses.
15 (a) A person who, with intent to harass or annoy one who
16 has served or is serving or who is a family member of a
17 person who has served or is serving (1) as a juror because of
18 the verdict returned by the jury in a pending legal
19 proceeding or the participation of the juror in the verdict
20 or (2) as a witness, or who may be expected to serve as a
21 witness in a pending legal proceeding, because of the
22 testimony or potential testimony of the witness, communicates
23 directly or indirectly with the juror, witness, or family
24 member of a juror or witness in such manner as to produce
25 mental anguish or emotional distress or who conveys a threat
26 of injury or damage to the property or person of any juror,
27 witness, or family member of the juror or witness commits a
28 Class 2 felony.
29 (b) A person who, with intent to harass or annoy one who
30 has served or is serving or who is a family member of a
31 person who has served or is serving as a representative for
32 the child, appointed under Section 506 of the Illinois
33 Marriage and Dissolution of Marriage Act, Section 12 of the
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1 Uniform Child Custody Jurisdiction Act, or Section 2-502 of
2 the Code of Civil Procedure, because of the representative
3 service of that capacity, communicates directly or indirectly
4 with the representative or a family member of the
5 representative in such manner as to produce mental anguish or
6 emotional distress or who conveys a threat of injury or
7 damage to the property or person of any representative or a
8 family member of the representative commits a Class A
9 misdemeanor.
10 (c) For purposes of this Section, "family member" means
11 a spouse, parent, child, stepchild or other person related by
12 blood or by present marriage, a person who has, or allegedly
13 has a child in common, and a person who shares or allegedly
14 shares a blood relationship through a child.
15 (Source: P.A. 89-686, eff. 6-1-97; 90-126, eff. 1-1-98.)
16 Section 15-15. The Unified Code of Corrections is
17 amended by re-enacting Sections 5-5-3.2, 5-6-3, and 5-6-3.1
18 as follows:
19 (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
20 Sec. 5-5-3.2. Factors in Aggravation.
21 (a) The following factors shall be accorded weight in
22 favor of imposing a term of imprisonment or may be considered
23 by the court as reasons to impose a more severe sentence
24 under Section 5-8-1:
25 (1) the defendant's conduct caused or threatened
26 serious harm;
27 (2) the defendant received compensation for
28 committing the offense;
29 (3) the defendant has a history of prior
30 delinquency or criminal activity;
31 (4) the defendant, by the duties of his office or
32 by his position, was obliged to prevent the particular
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1 offense committed or to bring the offenders committing it
2 to justice;
3 (5) the defendant held public office at the time of
4 the offense, and the offense related to the conduct of
5 that office;
6 (6) the defendant utilized his professional
7 reputation or position in the community to commit the
8 offense, or to afford him an easier means of committing
9 it;
10 (7) the sentence is necessary to deter others from
11 committing the same crime;
12 (8) the defendant committed the offense against a
13 person 60 years of age or older or such person's
14 property;
15 (9) the defendant committed the offense against a
16 person who is physically handicapped or such person's
17 property;
18 (10) by reason of another individual's actual or
19 perceived race, color, creed, religion, ancestry, gender,
20 sexual orientation, physical or mental disability, or
21 national origin, the defendant committed the offense
22 against (i) the person or property of that individual;
23 (ii) the person or property of a person who has an
24 association with, is married to, or has a friendship with
25 the other individual; or (iii) the person or property of
26 a relative (by blood or marriage) of a person described
27 in clause (i) or (ii). For the purposes of this Section,
28 "sexual orientation" means heterosexuality,
29 homosexuality, or bisexuality;
30 (11) the offense took place in a place of worship
31 or on the grounds of a place of worship, immediately
32 prior to, during or immediately following worship
33 services. For purposes of this subparagraph, "place of
34 worship" shall mean any church, synagogue or other
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1 building, structure or place used primarily for religious
2 worship;
3 (12) the defendant was convicted of a felony
4 committed while he was released on bail or his own
5 recognizance pending trial for a prior felony and was
6 convicted of such prior felony, or the defendant was
7 convicted of a felony committed while he was serving a
8 period of probation, conditional discharge, or mandatory
9 supervised release under subsection (d) of Section 5-8-1
10 for a prior felony;
11 (13) the defendant committed or attempted to commit
12 a felony while he was wearing a bulletproof vest. For
13 the purposes of this paragraph (13), a bulletproof vest
14 is any device which is designed for the purpose of
15 protecting the wearer from bullets, shot or other lethal
16 projectiles;
17 (14) the defendant held a position of trust or
18 supervision such as, but not limited to, family member as
19 defined in Section 12-12 of the Criminal Code of 1961,
20 teacher, scout leader, baby sitter, or day care worker,
21 in relation to a victim under 18 years of age, and the
22 defendant committed an offense in violation of Section
23 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
24 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
25 1961 against that victim;
26 (15) the defendant committed an offense related to
27 the activities of an organized gang. For the purposes of
28 this factor, "organized gang" has the meaning ascribed to
29 it in Section 10 of the Streetgang Terrorism Omnibus
30 Prevention Act;
31 (16) the defendant committed an offense in
32 violation of one of the following Sections while in a
33 school, regardless of the time of day or time of year; on
34 any conveyance owned, leased, or contracted by a school
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1 to transport students to or from school or a school
2 related activity; on the real property of a school; or on
3 a public way within 1,000 feet of the real property
4 comprising any school: 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 (16.5) the defendant committed an offense in
10 violation of one of the following Sections while in a day
11 care center, regardless of the time of day or time of
12 year; on the real property of a day care center,
13 regardless of the time of day or time of year; or on a
14 public way within 1,000 feet of the real property
15 comprising any day care center, regardless of the time of
16 day or time of year: Section 10-1, 10-2, 10-5, 11-15.1,
17 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
18 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
19 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
20 1961;
21 (17) the defendant committed the offense by reason
22 of any person's activity as a community policing
23 volunteer or to prevent any person from engaging in
24 activity as a community policing volunteer. For the
25 purpose of this Section, "community policing volunteer"
26 has the meaning ascribed to it in Section 2-3.5 of the
27 Criminal Code of 1961; or
28 (18) the defendant committed the offense in a
29 nursing home or on the real property comprising a nursing
30 home. For the purposes of this paragraph (18), "nursing
31 home" means a skilled nursing or intermediate long term
32 care facility that is subject to license by the Illinois
33 Department of Public Health under the Nursing Home Care
34 Act; or.
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1 (19) (18) the defendant was a federally licensed
2 firearm dealer and was previously convicted of a
3 violation of subsection (a) of Section 3 of the Firearm
4 Owners Identification Card Act and has now committed
5 either a felony violation of the Firearm Owners
6 Identification Card Act or an act of armed violence while
7 armed with a firearm.
8 For the purposes of this Section:
9 "School" is defined as a public or private elementary or
10 secondary school, community college, college, or university.
11 "Day care center" means a public or private State
12 certified and licensed day care center as defined in Section
13 2.09 of the Child Care Act of 1969 that displays a sign in
14 plain view stating that the property is a day care center.
15 (b) The following factors may be considered by the court
16 as reasons to impose an extended term sentence under Section
17 5-8-2 upon any offender:
18 (1) When a defendant is convicted of any felony,
19 after having been previously convicted in Illinois or any
20 other jurisdiction of the same or similar class felony or
21 greater class felony, when such conviction has occurred
22 within 10 years after the previous conviction, excluding
23 time spent in custody, and such charges are separately
24 brought and tried and arise out of different series of
25 acts; or
26 (2) When a defendant is convicted of any felony and
27 the court finds that the offense was accompanied by
28 exceptionally brutal or heinous behavior indicative of
29 wanton cruelty; or
30 (3) When a defendant is convicted of voluntary
31 manslaughter, second degree murder, involuntary
32 manslaughter or reckless homicide in which the defendant
33 has been convicted of causing the death of more than one
34 individual; or
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1 (4) When a defendant is convicted of any felony
2 committed against:
3 (i) a person under 12 years of age at the time
4 of the offense or such person's property;
5 (ii) a person 60 years of age or older at the
6 time of the offense or such person's property; or
7 (iii) a person physically handicapped at the
8 time of the offense or such person's property; or
9 (5) In the case of a defendant convicted of
10 aggravated criminal sexual assault or criminal sexual
11 assault, when the court finds that aggravated criminal
12 sexual assault or criminal sexual assault was also
13 committed on the same victim by one or more other
14 individuals, and the defendant voluntarily participated
15 in the crime with the knowledge of the participation of
16 the others in the crime, and the commission of the crime
17 was part of a single course of conduct during which there
18 was no substantial change in the nature of the criminal
19 objective; or
20 (6) When a defendant is convicted of any felony and
21 the offense involved any of the following types of
22 specific misconduct committed as part of a ceremony,
23 rite, initiation, observance, performance, practice or
24 activity of any actual or ostensible religious,
25 fraternal, or social group:
26 (i) the brutalizing or torturing of humans or
27 animals;
28 (ii) the theft of human corpses;
29 (iii) the kidnapping of humans;
30 (iv) the desecration of any cemetery,
31 religious, fraternal, business, governmental,
32 educational, or other building or property; or
33 (v) ritualized abuse of a child; or
34 (7) When a defendant is convicted of first degree
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1 murder, after having been previously convicted in
2 Illinois of any offense listed under paragraph (c)(2) of
3 Section 5-5-3, when such conviction has occurred within
4 10 years after the previous conviction, excluding time
5 spent in custody, and such charges are separately brought
6 and tried and arise out of different series of acts; or
7 (8) When a defendant is convicted of a felony other
8 than conspiracy and the court finds that the felony was
9 committed under an agreement with 2 or more other persons
10 to commit that offense and the defendant, with respect to
11 the other individuals, occupied a position of organizer,
12 supervisor, financier, or any other position of
13 management or leadership, and the court further finds
14 that the felony committed was related to or in
15 furtherance of the criminal activities of an organized
16 gang or was motivated by the defendant's leadership in an
17 organized gang; or
18 (9) When a defendant is convicted of a felony
19 violation of Section 24-1 of the Criminal Code of 1961
20 and the court finds that the defendant is a member of an
21 organized gang; or
22 (10) When a defendant committed the offense using a
23 firearm with a laser sight attached to it. For purposes
24 of this paragraph (10), "laser sight" has the meaning
25 ascribed to it in Section 24.6-5 of the Criminal Code of
26 1961; or.
27 (11) (10) When a defendant who was at least 17
28 years of age at the time of the commission of the offense
29 is convicted of a felony and has been previously
30 adjudicated a delinquent minor under the Juvenile Court
31 Act of 1987 for an act that if committed by an adult
32 would be a Class X or Class 1 felony when the conviction
33 has occurred within 10 years after the previous
34 adjudication, excluding time spent in custody.
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1 (b-1) For the purposes of this Section, "organized gang"
2 has the meaning ascribed to it in Section 10 of the Illinois
3 Streetgang Terrorism Omnibus Prevention Act.
4 (c) The court may impose an extended term sentence under
5 Section 5-8-2 upon any offender who was convicted of
6 aggravated criminal sexual assault or predatory criminal
7 sexual assault of a child under subsection (a)(1) of Section
8 12-14.1 of the Criminal Code of 1961 where the victim was
9 under 18 years of age at the time of the commission of the
10 offense.
11 (d) The court may impose an extended term sentence under
12 Section 5-8-2 upon any offender who was convicted of unlawful
13 use of weapons under Section 24-1 of the Criminal Code of
14 1961 for possessing a weapon that is not readily
15 distinguishable as one of the weapons enumerated in Section
16 24-1 of the Criminal Code of 1961.
17 (Source: P.A. 90-14, eff. 7-1-97; 90-651, eff. 1-1-99;
18 90-686, eff. 1-1-99; 91-119, eff. 1-1-00; 91-120, eff.
19 7-15-99; 91-252, eff. 1-1-00; 91-267, eff. 1-1-00; 91-268,
20 eff. 1-1-00; 91-357, eff. 7-29-99; 91-437, eff. 1-1-00;
21 revised 8-30-99.)
22 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
23 Sec. 5-6-3. Conditions of Probation and of Conditional
24 Discharge.
25 (a) The conditions of probation and of conditional
26 discharge shall be that the person:
27 (1) not violate any criminal statute of any
28 jurisdiction;
29 (2) report to or appear in person before such
30 person or agency as directed by the court;
31 (3) refrain from possessing a firearm or other
32 dangerous weapon;
33 (4) not leave the State without the consent of the
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1 court or, in circumstances in which the reason for the
2 absence is of such an emergency nature that prior consent
3 by the court is not possible, without the prior
4 notification and approval of the person's probation
5 officer;
6 (5) permit the probation officer to visit him at
7 his home or elsewhere to the extent necessary to
8 discharge his duties;
9 (6) perform no less than 30 hours of community
10 service and not more than 120 hours of community service,
11 if community service is available in the jurisdiction and
12 is funded and approved by the county board where the
13 offense was committed, where the offense was related to
14 or in furtherance of the criminal activities of an
15 organized gang and was motivated by the offender's
16 membership in or allegiance to an organized gang. The
17 community service shall include, but not be limited to,
18 the cleanup and repair of any damage caused by a
19 violation of Section 21-1.3 of the Criminal Code of 1961
20 and similar damage to property located within the
21 municipality or county in which the violation occurred.
22 When possible and reasonable, the community service
23 should be performed in the offender's neighborhood. For
24 purposes of this Section, "organized gang" has the
25 meaning ascribed to it in Section 10 of the Illinois
26 Streetgang Terrorism Omnibus Prevention Act;
27 (7) if he or she is at least 17 years of age and
28 has been sentenced to probation or conditional discharge
29 for a misdemeanor or felony in a county of 3,000,000 or
30 more inhabitants and has not been previously convicted of
31 a misdemeanor or felony, may be required by the
32 sentencing court to attend educational courses designed
33 to prepare the defendant for a high school diploma and to
34 work toward a high school diploma or to work toward
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1 passing the high school level Test of General Educational
2 Development (GED) or to work toward completing a
3 vocational training program approved by the court. The
4 person on probation or conditional discharge must attend
5 a public institution of education to obtain the
6 educational or vocational training required by this
7 clause (7). The court shall revoke the probation or
8 conditional discharge of a person who wilfully fails to
9 comply with this clause (7). The person on probation or
10 conditional discharge shall be required to pay for the
11 cost of the educational courses or GED test, if a fee is
12 charged for those courses or test. The court shall
13 resentence the offender whose probation or conditional
14 discharge has been revoked as provided in Section 5-6-4.
15 This clause (7) does not apply to a person who has a high
16 school diploma or has successfully passed the GED test.
17 This clause (7) does not apply to a person who is
18 determined by the court to be developmentally disabled or
19 otherwise mentally incapable of completing the
20 educational or vocational program; and
21 (8) if convicted of possession of a substance
22 prohibited by the Cannabis Control Act or Illinois
23 Controlled Substances Act after a previous conviction or
24 disposition of supervision for possession of a substance
25 prohibited by the Cannabis Control Act or Illinois
26 Controlled Substances Act or after a sentence of
27 probation under Section 10 of the Cannabis Control Act or
28 Section 410 of the Illinois Controlled Substances Act and
29 upon a finding by the court that the person is addicted,
30 undergo treatment at a substance abuse program approved
31 by the court.
32 (b) The Court may in addition to other reasonable
33 conditions relating to the nature of the offense or the
34 rehabilitation of the defendant as determined for each
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1 defendant in the proper discretion of the Court require that
2 the person:
3 (1) serve a term of periodic imprisonment under
4 Article 7 for a period not to exceed that specified in
5 paragraph (d) of Section 5-7-1;
6 (2) pay a fine and costs;
7 (3) work or pursue a course of study or vocational
8 training;
9 (4) undergo medical, psychological or psychiatric
10 treatment; or treatment for drug addiction or alcoholism;
11 (5) attend or reside in a facility established for
12 the instruction or residence of defendants on probation;
13 (6) support his dependents;
14 (7) and in addition, if a minor:
15 (i) reside with his parents or in a foster
16 home;
17 (ii) attend school;
18 (iii) attend a non-residential program for
19 youth;
20 (iv) contribute to his own support at home or
21 in a foster home;
22 (8) make restitution as provided in Section 5-5-6
23 of this Code;
24 (9) perform some reasonable public or community
25 service;
26 (10) serve a term of home confinement. In addition
27 to any other applicable condition of probation or
28 conditional discharge, the conditions of home confinement
29 shall be that the offender:
30 (i) remain within the interior premises of the
31 place designated for his confinement during the
32 hours designated by the court;
33 (ii) admit any person or agent designated by
34 the court into the offender's place of confinement
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1 at any time for purposes of verifying the offender's
2 compliance with the conditions of his confinement;
3 and
4 (iii) if further deemed necessary by the court
5 or the Probation or Court Services Department, be
6 placed on an approved electronic monitoring device,
7 subject to Article 8A of Chapter V;
8 (iv) for persons convicted of any alcohol,
9 cannabis or controlled substance violation who are
10 placed on an approved monitoring device as a
11 condition of probation or conditional discharge, the
12 court shall impose a reasonable fee for each day of
13 the use of the device, as established by the county
14 board in subsection (g) of this Section, unless
15 after determining the inability of the offender to
16 pay the fee, the court assesses a lesser fee or no
17 fee as the case may be. This fee shall be imposed in
18 addition to the fees imposed under subsections (g)
19 and (i) of this Section. The fee shall be collected
20 by the clerk of the circuit court. The clerk of the
21 circuit court shall pay all monies collected from
22 this fee to the county treasurer for deposit in the
23 substance abuse services fund under Section 5-1086.1
24 of the Counties Code; and
25 (v) for persons convicted of offenses other
26 than those referenced in clause (iv) above and who
27 are placed on an approved monitoring device as a
28 condition of probation or conditional discharge, the
29 court shall impose a reasonable fee for each day of
30 the use of the device, as established by the county
31 board in subsection (g) of this Section, unless
32 after determining the inability of the defendant to
33 pay the fee, the court assesses a lesser fee or no
34 fee as the case may be. This fee shall be imposed
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1 in addition to the fees imposed under subsections
2 (g) and (i) of this Section. The fee shall be
3 collected by the clerk of the circuit court. The
4 clerk of the circuit court shall pay all monies
5 collected from this fee to the county treasurer who
6 shall use the monies collected to defray the costs
7 of corrections. The county treasurer shall deposit
8 the fee collected in the county working cash fund
9 under Section 6-27001 or Section 6-29002 of the
10 Counties Code, as the case may be.
11 (11) comply with the terms and conditions of an
12 order of protection issued by the court pursuant to the
13 Illinois Domestic Violence Act of 1986, as now or
14 hereafter amended. A copy of the order of protection
15 shall be transmitted to the probation officer or agency
16 having responsibility for the case;
17 (12) reimburse any "local anti-crime program" as
18 defined in Section 7 of the Anti-Crime Advisory Council
19 Act for any reasonable expenses incurred by the program
20 on the offender's case, not to exceed the maximum amount
21 of the fine authorized for the offense for which the
22 defendant was sentenced;
23 (13) contribute a reasonable sum of money, not to
24 exceed the maximum amount of the fine authorized for the
25 offense for which the defendant was sentenced, to a
26 "local anti-crime program", as defined in Section 7 of
27 the Anti-Crime Advisory Council Act;
28 (14) refrain from entering into a designated
29 geographic area except upon such terms as the court finds
30 appropriate. Such terms may include consideration of the
31 purpose of the entry, the time of day, other persons
32 accompanying the defendant, and advance approval by a
33 probation officer, if the defendant has been placed on
34 probation or advance approval by the court, if the
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1 defendant was placed on conditional discharge;
2 (15) refrain from having any contact, directly or
3 indirectly, with certain specified persons or particular
4 types of persons, including but not limited to members of
5 street gangs and drug users or dealers;
6 (16) refrain from having in his or her body the
7 presence of any illicit drug prohibited by the Cannabis
8 Control Act or the Illinois Controlled Substances Act,
9 unless prescribed by a physician, and submit samples of
10 his or her blood or urine or both for tests to determine
11 the presence of any illicit drug.
12 (c) The court may as a condition of probation or of
13 conditional discharge require that a person under 18 years of
14 age found guilty of any alcohol, cannabis or controlled
15 substance violation, refrain from acquiring a driver's
16 license during the period of probation or conditional
17 discharge. If such person is in possession of a permit or
18 license, the court may require that the minor refrain from
19 driving or operating any motor vehicle during the period of
20 probation or conditional discharge, except as may be
21 necessary in the course of the minor's lawful employment.
22 (d) An offender sentenced to probation or to conditional
23 discharge shall be given a certificate setting forth the
24 conditions thereof.
25 (e) The court shall not require as a condition of the
26 sentence of probation or conditional discharge that the
27 offender be committed to a period of imprisonment in excess
28 of 6 months. This 6 month limit shall not include periods of
29 confinement given pursuant to a sentence of county impact
30 incarceration under Section 5-8-1.2.
31 Persons committed to imprisonment as a condition of
32 probation or conditional discharge shall not be committed to
33 the Department of Corrections.
34 (f) The court may combine a sentence of periodic
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1 imprisonment under Article 7 or a sentence to a county impact
2 incarceration program under Article 8 with a sentence of
3 probation or conditional discharge.
4 (g) An offender sentenced to probation or to conditional
5 discharge and who during the term of either undergoes
6 mandatory drug or alcohol testing, or both, or is assigned to
7 be placed on an approved electronic monitoring device, shall
8 be ordered to pay all costs incidental to such mandatory drug
9 or alcohol testing, or both, and all costs incidental to such
10 approved electronic monitoring in accordance with the
11 defendant's ability to pay those costs. The county board
12 with the concurrence of the Chief Judge of the judicial
13 circuit in which the county is located shall establish
14 reasonable fees for the cost of maintenance, testing, and
15 incidental expenses related to the mandatory drug or alcohol
16 testing, or both, and all costs incidental to approved
17 electronic monitoring, involved in a successful probation
18 program for the county. The concurrence of the Chief Judge
19 shall be in the form of an administrative order. The fees
20 shall be collected by the clerk of the circuit court. The
21 clerk of the circuit court shall pay all moneys collected
22 from these fees to the county treasurer who shall use the
23 moneys collected to defray the costs of drug testing, alcohol
24 testing, and electronic monitoring. The county treasurer
25 shall deposit the fees collected in the county working cash
26 fund under Section 6-27001 or Section 6-29002 of the Counties
27 Code, as the case may be.
28 (h) Jurisdiction over an offender may be transferred
29 from the sentencing court to the court of another circuit
30 with the concurrence of both courts, or to another state
31 under an Interstate Probation Reciprocal Agreement as
32 provided in Section 3-3-11. Further transfers or retransfers
33 of jurisdiction are also authorized in the same manner. The
34 court to which jurisdiction has been transferred shall have
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1 the same powers as the sentencing court.
2 (i) The court shall impose upon an offender sentenced to
3 probation after January 1, 1989 or to conditional discharge
4 after January 1, 1992, as a condition of such probation or
5 conditional discharge, a fee of $25 for each month of
6 probation or conditional discharge supervision ordered by the
7 court, unless after determining the inability of the person
8 sentenced to probation or conditional discharge to pay the
9 fee, the court assesses a lesser fee. The court may not
10 impose the fee on a minor who is made a ward of the State
11 under the Juvenile Court Act of 1987 while the minor is in
12 placement. The fee shall be imposed only upon an offender who
13 is actively supervised by the probation and court services
14 department. The fee shall be collected by the clerk of the
15 circuit court. The clerk of the circuit court shall pay all
16 monies collected from this fee to the county treasurer for
17 deposit in the probation and court services fund under
18 Section 15.1 of the Probation and Probation Officers Act.
19 (j) All fines and costs imposed under this Section for
20 any violation of Chapters 3, 4, 6, and 11 of the Illinois
21 Vehicle Code, or a similar provision of a local ordinance,
22 and any violation of the Child Passenger Protection Act, or a
23 similar provision of a local ordinance, shall be collected
24 and disbursed by the circuit clerk as provided under Section
25 27.5 of the Clerks of Courts Act.
26 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
27 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 91-325, eff.
28 7-29-99.)
29 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
30 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
31 (a) When a defendant is placed on supervision, the court
32 shall enter an order for supervision specifying the period of
33 such supervision, and shall defer further proceedings in the
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1 case until the conclusion of the period.
2 (b) The period of supervision shall be reasonable under
3 all of the circumstances of the case, but may not be longer
4 than 2 years, unless the defendant has failed to pay the
5 assessment required by Section 10.3 of the Cannabis Control
6 Act or Section 411.2 of the Illinois Controlled Substances
7 Act, in which case the court may extend supervision beyond 2
8 years. Additionally, the court shall order the defendant to
9 perform no less than 30 hours of community service and not
10 more than 120 hours of community service, if community
11 service is available in the jurisdiction and is funded and
12 approved by the county board where the offense was committed,
13 when the offense (1) was related to or in furtherance of the
14 criminal activities of an organized gang or was motivated by
15 the defendant's membership in or allegiance to an organized
16 gang; or (2) is a violation of any Section of Article 24 of
17 the Criminal Code of 1961 where a disposition of supervision
18 is not prohibited by Section 5-6-1 of this Code. The
19 community service shall include, but not be limited to, the
20 cleanup and repair of any damage caused by violation of
21 Section 21-1.3 of the Criminal Code of 1961 and similar
22 damages to property located within the municipality or county
23 in which the violation occurred. Where possible and
24 reasonable, the community service should be performed in the
25 offender's neighborhood.
26 For the purposes of this Section, "organized gang" has
27 the meaning ascribed to it in Section 10 of the Illinois
28 Streetgang Terrorism Omnibus Prevention Act.
29 (c) The court may in addition to other reasonable
30 conditions relating to the nature of the offense or the
31 rehabilitation of the defendant as determined for each
32 defendant in the proper discretion of the court require that
33 the person:
34 (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 supervision;
4 (2) pay a fine and costs;
5 (3) work or pursue a course of study or vocational
6 training;
7 (4) undergo medical, psychological or psychiatric
8 treatment; or treatment for drug addiction or alcoholism;
9 (5) attend or reside in a facility established for
10 the instruction or residence of defendants on probation;
11 (6) support his dependents;
12 (7) refrain from possessing a firearm or other
13 dangerous weapon;
14 (8) and in addition, if a minor:
15 (i) reside with his parents or in a foster
16 home;
17 (ii) attend school;
18 (iii) attend a non-residential program for
19 youth;
20 (iv) contribute to his own support at home or
21 in a foster home; and
22 (9) make restitution or reparation in an amount not
23 to exceed actual loss or damage to property and pecuniary
24 loss or make restitution under Section 5-5-6 to a
25 domestic violence shelter. The court shall determine the
26 amount and conditions of payment;
27 (10) perform some reasonable public or community
28 service;
29 (11) comply with the terms and conditions of an
30 order of protection issued by the court pursuant to the
31 Illinois Domestic Violence Act of 1986. If the court has
32 ordered the defendant to make a report and appear in
33 person under paragraph (1) of this subsection, a copy of
34 the order of protection shall be transmitted to the
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1 person or agency so designated by the court;
2 (12) reimburse any "local anti-crime program" as
3 defined in Section 7 of the Anti-Crime Advisory Council
4 Act for any reasonable expenses incurred by the program
5 on the offender's case, not to exceed the maximum amount
6 of the fine authorized for the offense for which the
7 defendant was sentenced;
8 (13) contribute a reasonable sum of money, not to
9 exceed the maximum amount of the fine authorized for the
10 offense for which the defendant was sentenced, to a
11 "local anti-crime program", as defined in Section 7 of
12 the Anti-Crime Advisory Council Act;
13 (14) refrain from entering into a designated
14 geographic area except upon such terms as the court finds
15 appropriate. Such terms may include consideration of the
16 purpose of the entry, the time of day, other persons
17 accompanying the defendant, and advance approval by a
18 probation officer;
19 (15) refrain from having any contact, directly or
20 indirectly, with certain specified persons or particular
21 types of person, including but not limited to members of
22 street gangs and drug users or dealers;
23 (16) refrain from having in his or her body the
24 presence of any illicit drug prohibited by the Cannabis
25 Control Act or the Illinois Controlled Substances Act,
26 unless prescribed by a physician, and submit samples of
27 his or her blood or urine or both for tests to determine
28 the presence of any illicit drug;
29 (17) refrain from operating any motor vehicle not
30 equipped with an ignition interlock device as defined in
31 Section 1-129.1 of the Illinois Vehicle Code. Under this
32 condition the court may allow a defendant who is not
33 self-employed to operate a vehicle owned by the
34 defendant's employer that is not equipped with an
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1 ignition interlock device in the course and scope of the
2 defendant's employment.
3 (d) The court shall defer entering any judgment on the
4 charges until the conclusion of the supervision.
5 (e) At the conclusion of the period of supervision, if
6 the court determines that the defendant has successfully
7 complied with all of the conditions of supervision, the court
8 shall discharge the defendant and enter a judgment dismissing
9 the charges.
10 (f) Discharge and dismissal upon a successful conclusion
11 of a disposition of supervision shall be deemed without
12 adjudication of guilt and shall not be termed a conviction
13 for purposes of disqualification or disabilities imposed by
14 law upon conviction of a crime. Two years after the
15 discharge and dismissal under this Section, unless the
16 disposition of supervision was for a violation of Sections
17 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
18 Vehicle Code or a similar provision of a local ordinance, or
19 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
20 Code of 1961, in which case it shall be 5 years after
21 discharge and dismissal, a person may have his record of
22 arrest sealed or expunged as may be provided by law.
23 However, any defendant placed on supervision before January
24 1, 1980, may move for sealing or expungement of his arrest
25 record, as provided by law, at any time after discharge and
26 dismissal under this Section. A person placed on supervision
27 for a sexual offense committed against a minor as defined in
28 subsection (g) of Section 5 of the Criminal Identification
29 Act or for a violation of Section 11-501 of the Illinois
30 Vehicle Code or a similar provision of a local ordinance
31 shall not have his or her record of arrest sealed or
32 expunged.
33 (g) A defendant placed on supervision and who during the
34 period of supervision undergoes mandatory drug or alcohol
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1 testing, or both, or is assigned to be placed on an approved
2 electronic monitoring device, shall be ordered to pay the
3 costs incidental to such mandatory drug or alcohol testing,
4 or both, and costs incidental to such approved electronic
5 monitoring in accordance with the defendant's ability to pay
6 those costs. The county board with the concurrence of the
7 Chief Judge of the judicial circuit in which the county is
8 located shall establish reasonable fees for the cost of
9 maintenance, testing, and incidental expenses related to the
10 mandatory drug or alcohol testing, or both, and all costs
11 incidental to approved electronic monitoring, of all
12 defendants placed on supervision. The concurrence of the
13 Chief Judge shall be in the form of an administrative order.
14 The fees shall be collected by the clerk of the circuit
15 court. The clerk of the circuit court shall pay all moneys
16 collected from these fees to the county treasurer who shall
17 use the moneys collected to defray the costs of drug testing,
18 alcohol testing, and electronic monitoring. The county
19 treasurer shall deposit the fees collected in the county
20 working cash fund under Section 6-27001 or Section 6-29002 of
21 the Counties Code, as the case may be.
22 (h) A disposition of supervision is a final order for
23 the purposes of appeal.
24 (i) The court shall impose upon a defendant placed on
25 supervision after January 1, 1992, as a condition of
26 supervision, a fee of $25 for each month of supervision
27 ordered by the court, unless after determining the inability
28 of the person placed on supervision to pay the fee, the court
29 assesses a lesser fee. The court may not impose the fee on a
30 minor who is made a ward of the State under the Juvenile
31 Court Act of 1987 while the minor is in placement. The fee
32 shall be imposed only upon a defendant who is actively
33 supervised by the probation and court services department.
34 The fee shall be collected by the clerk of the circuit court.
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1 The clerk of the circuit court shall pay all monies collected
2 from this fee to the county treasurer for deposit in the
3 probation and court services fund pursuant to Section 15.1 of
4 the Probation and Probation Officers Act.
5 (j) All fines and costs imposed under this Section for
6 any violation of Chapters 3, 4, 6, and 11 of the Illinois
7 Vehicle Code, or a similar provision of a local ordinance,
8 and any violation of the Child Passenger Protection Act, or a
9 similar provision of a local ordinance, shall be collected
10 and disbursed by the circuit clerk as provided under Section
11 27.5 of the Clerks of Courts Act.
12 (k) A defendant at least 17 years of age who is placed
13 on supervision for a misdemeanor in a county of 3,000,000 or
14 more inhabitants and who has not been previously convicted of
15 a misdemeanor or felony may as a condition of his or her
16 supervision be required by the court to attend educational
17 courses designed to prepare the defendant for a high school
18 diploma and to work toward a high school diploma or to work
19 toward passing the high school level Test of General
20 Educational Development (GED) or to work toward completing a
21 vocational training program approved by the court. The
22 defendant placed on supervision must attend a public
23 institution of education to obtain the educational or
24 vocational training required by this subsection (k). The
25 defendant placed on supervision shall be required to pay for
26 the cost of the educational courses or GED test, if a fee is
27 charged for those courses or test. The court shall revoke
28 the supervision of a person who wilfully fails to comply with
29 this subsection (k). The court shall resentence the
30 defendant upon revocation of supervision as provided in
31 Section 5-6-4. This subsection (k) does not apply to a
32 defendant who has a high school diploma or has successfully
33 passed the GED test. This subsection (k) does not apply to a
34 defendant who is determined by the court to be
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1 developmentally disabled or otherwise mentally incapable of
2 completing the educational or vocational program.
3 (l) The court shall require a defendant placed on
4 supervision for possession of a substance prohibited by the
5 Cannabis Control Act or Illinois Controlled Substances Act
6 after a previous conviction or disposition of supervision for
7 possession of a substance prohibited by the Cannabis Control
8 Act or Illinois Controlled Substances Act or a sentence of
9 probation under Section 10 of the Cannabis Control Act or
10 Section 410 of the Illinois Controlled Substances Act and
11 after a finding by the court that the person is addicted, to
12 undergo treatment at a substance abuse program approved by
13 the court.
14 (m) The court shall require a defendant placed on
15 supervision for a violation of Section 3-707 of the Illinois
16 Vehicle Code or a similar provision of a local ordinance, as
17 a condition of supervision, to give proof of his or her
18 financial responsibility as defined in Section 7-315 of the
19 Illinois Vehicle Code. The proof shall be maintained by the
20 defendant in a manner satisfactory to the Secretary of State
21 for a minimum period of one year after the date the proof is
22 first filed. The Secretary of State shall suspend the
23 driver's license of any person determined by the Secretary to
24 be in violation of this subsection.
25 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
26 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 90-784, eff.
27 1-1-99; 91-127, eff. 1-1-00.)
28 ARTICLE 25. DRUG ABUSE
29 Section 25-10. The Cannabis Control Act is amended by
30 re-enacting Section 10 as follows:
31 (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
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1 Sec. 10. (a) Whenever any person who has not previously
2 been convicted of, or placed on probation or court
3 supervision for, any offense under this Act or any law of the
4 United States or of any State relating to cannabis, or
5 controlled substances as defined in the Illinois Controlled
6 Substances Act, pleads guilty to or is found guilty of
7 violating Sections 4 (a), 4 (b), 4 (c), 5 (a), 5 (b), 5 (c)
8 or 8 of this Act, the court may, without entering a judgment
9 and with the consent of such person, sentence him to
10 probation.
11 (b) When a person is placed on probation, the court
12 shall enter an order specifying a period of probation of 24
13 months, and shall defer further proceedings in the case until
14 the conclusion of the period or until the filing of a
15 petition alleging violation of a term or condition of
16 probation.
17 (c) The conditions of probation shall be that the
18 person: (1) not violate any criminal statute of any
19 jurisdiction; (2) refrain from possession of a firearm or
20 other dangerous weapon; (3) submit to periodic drug testing
21 at a time and in a manner as ordered by the court, but no
22 less than 3 times during the period of the probation, with
23 the cost of the testing to be paid by the probationer; and
24 (4) perform no less than 30 hours of community service,
25 provided community service is available in the jurisdiction
26 and is funded and approved by the county board.
27 (d) The court may, in addition to other conditions,
28 require that the person:
29 (1) make a report to and appear in person before or
30 participate with the court or such courts, person, or
31 social service agency as directed by the court in the
32 order of probation;
33 (2) pay a fine and costs;
34 (3) work or pursue a course of study or vocational
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1 training;
2 (4) undergo medical or psychiatric treatment; or
3 treatment for drug addiction or alcoholism;
4 (5) attend or reside in a facility established for
5 the instruction or residence of defendants on probation;
6 (6) support his dependents;
7 (7) refrain from possessing a firearm or other
8 dangerous weapon;
9 (7-5) refrain from having in his or her body the
10 presence of any illicit drug prohibited by the Cannabis
11 Control Act or the Illinois Controlled Substances Act,
12 unless prescribed by a physician, and submit samples of
13 his or her blood or urine or both for tests to determine
14 the presence of any illicit drug;
15 (8) and in addition, if a minor:
16 (i) reside with his parents or in a foster
17 home;
18 (ii) attend school;
19 (iii) attend a non-residential program for
20 youth;
21 (iv) contribute to his own support at home or
22 in a foster home.
23 (e) Upon violation of a term or condition of probation,
24 the court may enter a judgment on its original finding of
25 guilt and proceed as otherwise provided.
26 (f) Upon fulfillment of the terms and conditions of
27 probation, the court shall discharge such person and dismiss
28 the proceedings against him.
29 (g) A disposition of probation is considered to be a
30 conviction for the purposes of imposing the conditions of
31 probation and for appeal, however, discharge and dismissal
32 under this Section is not a conviction for purposes of
33 disqualification or disabilities imposed by law upon
34 conviction of a crime (including the additional penalty
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1 imposed for subsequent offenses under Section 4 (c), 4 (d), 5
2 (c) or 5 (d) of this Act).
3 (h) Discharge and dismissal under this Section or under
4 Section 410 of the Illinois Controlled Substances Act may
5 occur only once with respect to any person.
6 (i) If a person is convicted of an offense under this
7 Act or the Illinois Controlled Substances Act within 5 years
8 subsequent to a discharge and dismissal under this Section,
9 the discharge and dismissal under this Section shall be
10 admissible in the sentencing proceeding for that conviction
11 as a factor in aggravation.
12 (Source: P.A. 88-510; 88-680, eff. 1-1-95.)
13 Section 25-15. The Illinois Controlled Substances Act is
14 amended by re-enacting Section 410 as follows:
15 (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
16 Sec. 410. (a) Whenever any person who has not previously
17 been convicted of, or placed on probation or court
18 supervision for any offense under this Act or any law of the
19 United States or of any State relating to cannabis or
20 controlled substances, pleads guilty to or is found guilty of
21 possession of a controlled or counterfeit substance under
22 subsection (c) of Section 402, the court, without entering a
23 judgment and with the consent of such person, may sentence
24 him to probation.
25 (b) When a person is placed on probation, the court
26 shall enter an order specifying a period of probation of 24
27 months and shall defer further proceedings in the case until
28 the conclusion of the period or until the filing of a
29 petition alleging violation of a term or condition of
30 probation.
31 (c) The conditions of probation shall be that the
32 person: (1) not violate any criminal statute of any
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1 jurisdiction; (2) refrain from possessing a firearm or other
2 dangerous weapon; (3) submit to periodic drug testing at a
3 time and in a manner as ordered by the court, but no less
4 than 3 times during the period of the probation, with the
5 cost of the testing to be paid by the probationer; and (4)
6 perform no less than 30 hours of community service, provided
7 community service is available in the jurisdiction and is
8 funded and approved by the county board.
9 (d) The court may, in addition to other conditions,
10 require that the person:
11 (1) make a report to and appear in person before or
12 participate with the court or such courts, person, or
13 social service agency as directed by the court in the
14 order of probation;
15 (2) pay a fine and costs;
16 (3) work or pursue a course of study or vocational
17 training;
18 (4) undergo medical or psychiatric treatment; or
19 treatment or rehabilitation approved by the Illinois
20 Department of Human Services;
21 (5) attend or reside in a facility established for
22 the instruction or residence of defendants on probation;
23 (6) support his dependents;
24 (6-5) refrain from having in his or her body the
25 presence of any illicit drug prohibited by the Cannabis
26 Control Act or the Illinois Controlled Substances Act,
27 unless prescribed by a physician, and submit samples of
28 his or her blood or urine or both for tests to determine
29 the presence of any illicit drug;
30 (7) and in addition, if a minor:
31 (i) reside with his parents or in a foster
32 home;
33 (ii) attend school;
34 (iii) attend a non-residential program for
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1 youth;
2 (iv) contribute to his own support at home or
3 in a foster home.
4 (e) Upon violation of a term or condition of probation,
5 the court may enter a judgment on its original finding of
6 guilt and proceed as otherwise provided.
7 (f) Upon fulfillment of the terms and conditions of
8 probation, the court shall discharge the person and dismiss
9 the proceedings against him.
10 (g) A disposition of probation is considered to be a
11 conviction for the purposes of imposing the conditions of
12 probation and for appeal, however, discharge and dismissal
13 under this Section is not a conviction for purposes of this
14 Act or for purposes of disqualifications or disabilities
15 imposed by law upon conviction of a crime.
16 (h) There may be only one discharge and dismissal under
17 this Section or Section 10 of the Cannabis Control Act with
18 respect to any person.
19 (i) If a person is convicted of an offense under this
20 Act or the Cannabis Control Act within 5 years subsequent to
21 a discharge and dismissal under this Section, the discharge
22 and dismissal under this Section shall be admissible in the
23 sentencing proceeding for that conviction as evidence in
24 aggravation.
25 (Source: P.A. 88-510; 88-680, eff. 1-1-95; 89-507, eff.
26 7-1-97.)
27 ARTICLE 30. FIREARMS
28 Section 30-905. The Criminal Code of 1961 is amended by
29 re-enacting Sections 24-3A, 24-5, 24-6, and 32-10 as follows:
30 (720 ILCS 5/24-3A)
31 Sec. 24-3A. Gunrunning.
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1 (a) A person commits gunrunning when he or she transfers
2 3 or more firearms in violation of any of the paragraphs of
3 Section 24-3 of this Code.
4 (b) Sentence. A person who commits gunrunning is guilty
5 of a Class 1 felony. A person who commits gunrunning by
6 transferring firearms to a person who, at the time of the
7 commission of the offense, is under 18 years of age is guilty
8 of a Class X felony.
9 (Source: P.A. 91-13, eff. 1-1-00.)
10 (720 ILCS 5/24-5) (from Ch. 38, par. 24-5)
11 Sec. 24-5. Defacing identification marks of firearms.
12 (a) Any person who shall knowingly or intentionally
13 change, alter, remove or obliterate the name of the maker,
14 model, manufacturer's number or other mark of identification
15 of any firearm commits a Class 2 felony.
16 (b) Possession of any firearm upon which any such mark
17 shall have been changed, altered, removed or obliterated
18 shall be prima facie evidence that the possessor has changed,
19 altered, removed or obliterated the same.
20 (Source: P.A. 88-680, eff. 1-1-95.)
21 (720 ILCS 5/24-6) (from Ch. 38, par. 24-6)
22 Sec. 24-6. Confiscation and disposition of weapons.
23 (a) Upon conviction of an offense in which a weapon was
24 used or possessed by the offender, any weapon seized shall be
25 confiscated by the trial court.
26 (b) Any stolen weapon so confiscated, when no longer
27 needed for evidentiary purposes, shall be returned to the
28 person entitled to possession, if known. After the
29 disposition of a criminal case or in any criminal case where
30 a final judgment in the case was not entered due to the death
31 of the defendant, and when a confiscated weapon is no longer
32 needed for evidentiary purposes, and when in due course no
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1 legitimate claim has been made for the weapon, the court may
2 transfer the weapon to the sheriff of the county who may
3 proceed to destroy it, or may in its discretion order the
4 weapon preserved as property of the governmental body whose
5 police agency seized the weapon, or may in its discretion
6 order the weapon to be transferred to the Department of State
7 Police for use by the crime laboratory system, for training
8 purposes, or for any other application as deemed appropriate
9 by the Department. If, after the disposition of a criminal
10 case, a need still exists for the use of the confiscated
11 weapon for evidentiary purposes, the court may transfer the
12 weapon to the custody of the State Department of Corrections
13 for preservation. The court may not order the transfer of
14 the weapon to any private individual or private organization
15 other than to return a stolen weapon to its rightful owner.
16 The provisions of this Section shall not apply to
17 violations of the Fish and Aquatic Life Code or the Wildlife
18 Code. Confiscation of weapons for Fish and Aquatic Life Code
19 and Wildlife Code violations shall be only as provided in
20 those Codes.
21 (c) Any mental hospital that admits a person as an
22 inpatient pursuant to any of the provisions of the Mental
23 Health and Developmental Disabilities Code shall confiscate
24 any firearms in the possession of that person at the time of
25 admission, or at any time the firearms are discovered in the
26 person's possession during the course of hospitalization. The
27 hospital shall, as soon as possible following confiscation,
28 transfer custody of the firearms to the appropriate law
29 enforcement agency. The hospital shall give written notice to
30 the person from whom the firearm was confiscated of the
31 identity and address of the law enforcement agency to which
32 it has given the firearm.
33 The law enforcement agency shall maintain possession of
34 any firearm it obtains pursuant to this subsection for a
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1 minimum of 90 days. Thereafter, the firearm may be disposed
2 of pursuant to the provisions of subsection (b) of this
3 Section.
4 (Source: P.A. 87-464; 87-895; 88-352; 88-680, eff. 1-1-95.)
5 (720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
6 Sec. 32-10. Violation of bail bond.
7 (a) Whoever, having been admitted to bail for appearance
8 before any court of this State, incurs a forfeiture of the
9 bail and willfully fails to surrender himself within 30 days
10 following the date of such forfeiture, commits, if the bail
11 was given in connection with a charge of felony or pending
12 appeal or certiorari after conviction of any offense, a
13 felony of the next lower Class or a Class A misdemeanor if
14 the underlying offense was a Class 4 felony; or, if the bail
15 was given in connection with a charge of committing a
16 misdemeanor, or for appearance as a witness, commits a
17 misdemeanor of the next lower Class, but not less than a
18 Class C misdemeanor.
19 (a-5) Any person who violates a condition of bail bond
20 by possessing a firearm in violation of his or her conditions
21 of bail commits a Class 4 felony for a first violation and a
22 Class 3 felony for a second violation.
23 (b) Whoever, having been admitted to bail for appearance
24 before any court of this State, while charged with a criminal
25 offense in which the victim is a family or household member
26 as defined in Article 112A of the Code of Criminal Procedure
27 of 1963, knowingly violates a condition of that release as
28 set forth in Section 110-10, subsection (d) of the Code of
29 Criminal Procedure of 1963, commits a Class A misdemeanor.
30 (c) Whoever, having been admitted to bail for appearance
31 before any court of this State for a felony, Class A
32 misdemeanor or a criminal offense in which the victim is a
33 family or household member as defined in Article 112A of the
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1 Code of Criminal Procedure of 1963, is charged with any other
2 felony, Class A misdemeanor, or a criminal offense in which
3 the victim is a family or household member as defined in
4 Article 112A of the Code of Criminal Procedure of 1963 while
5 on such release, must appear before the court before bail is
6 statutorily set.
7 (d) Nothing in this Section shall interfere with or
8 prevent the exercise by any court of its power to punishment
9 for contempt. Any sentence imposed for violation of this
10 Section shall be served consecutive to the sentence imposed
11 for the charge for which bail had been granted and with
12 respect to which the defendant has been convicted.
13 (Source: P.A. 88-430; 88-680, eff. 1-1-95; 89-203, eff.
14 7-21-95.)
15 Section 30-910. The Code of Criminal Procedure of 1963
16 is amended by re-enacting Section 110-10 as follows:
17 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
18 Sec. 110-10. Conditions of bail bond.
19 (a) If a person is released prior to conviction, either
20 upon payment of bail security or on his or her own
21 recognizance, the conditions of the bail bond shall be that
22 he or she will:
23 (1) Appear to answer the charge in the court having
24 jurisdiction on a day certain and thereafter as ordered
25 by the court until discharged or final order of the
26 court;
27 (2) Submit himself or herself to the orders and
28 process of the court;
29 (3) Not depart this State without leave of the
30 court;
31 (4) Not violate any criminal statute of any
32 jurisdiction;
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1 (5) At a time and place designated by the court,
2 surrender all firearms in his or her possession to a law
3 enforcement officer designated by the court to take
4 custody of and impound the firearms when the offense the
5 person has been charged with is a forcible felony,
6 stalking, aggravated stalking, domestic battery, any
7 violation of either the Illinois Controlled Substances
8 Act or the Cannabis Control Act that is classified as a
9 Class 2 or greater felony, or any felony violation of
10 Article 24 of the Criminal Code of 1961; the court may,
11 however, forgo forego the imposition of this condition
12 when the circumstances of the case clearly do not warrant
13 it or when its imposition would be impractical; all
14 legally possessed firearms shall be returned to the
15 person upon that person completing a sentence for a
16 conviction on a misdemeanor domestic battery, upon the
17 charges being dismissed, or if the person is found not
18 guilty, unless the finding of not guilty is by reason of
19 insanity; and
20 (6) At a time and place designated by the court,
21 submit to a psychological evaluation when the person has
22 been charged with a violation of item (4) of subsection
23 (a) of Section 24-1 of the Criminal Code of 1961 and that
24 violation occurred in a school or in any conveyance
25 owned, leased, or contracted by a school to transport
26 students to or from school or a school-related activity,
27 or on any public way within 1,000 feet of real property
28 comprising any school.
29 Psychological evaluations ordered pursuant to this
30 Section shall be completed promptly and made available to the
31 State, the defendant, and the court. As a further condition
32 of bail under these circumstances, the court shall order the
33 defendant to refrain from entering upon the property of the
34 school, including any conveyance owned, leased, or contracted
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1 by a school to transport students to or from school or a
2 school-related activity, or on any public way within 1,000
3 feet of real property comprising any school. Upon receipt of
4 the psychological evaluation, either the State or the
5 defendant may request a change in the conditions of bail,
6 pursuant to Section 110-6 of this Code. The court may change
7 the conditions of bail to include a requirement that the
8 defendant follow the recommendations of the psychological
9 evaluation, including undergoing psychiatric treatment. The
10 conclusions of the psychological evaluation and any
11 statements elicited from the defendant during its
12 administration are not admissible as evidence of guilt during
13 the course of any trial on the charged offense, unless the
14 defendant places his or her mental competency in issue.
15 (b) The court may impose other conditions, such as the
16 following, if the court finds that such conditions are
17 reasonably necessary to assure the defendant's appearance in
18 court, protect the public from the defendant, or prevent the
19 defendant's unlawful interference with the orderly
20 administration of justice:
21 (1) Report to or appear in person before such
22 person or agency as the court may direct;
23 (2) Refrain from possessing a firearm or other
24 dangerous weapon;
25 (3) Refrain from approaching or communicating with
26 particular persons or classes of persons;
27 (4) Refrain from going to certain described
28 geographical areas or premises;
29 (5) Refrain from engaging in certain activities or
30 indulging in intoxicating liquors or in certain drugs;
31 (6) Undergo treatment for drug addiction or
32 alcoholism;
33 (7) Undergo medical or psychiatric treatment;
34 (8) Work or pursue a course of study or vocational
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1 training;
2 (9) Attend or reside in a facility designated by
3 the court;
4 (10) Support his or her dependents;
5 (11) If a minor resides with his or her parents or
6 in a foster home, attend school, attend a non-residential
7 program for youths, and contribute to his or her own
8 support at home or in a foster home;
9 (12) Observe any curfew ordered by the court;
10 (13) Remain in the custody of such designated
11 person or organization agreeing to supervise his release.
12 Such third party custodian shall be responsible for
13 notifying the court if the defendant fails to observe the
14 conditions of release which the custodian has agreed to
15 monitor, and shall be subject to contempt of court for
16 failure so to notify the court;
17 (14) Be placed under direct supervision of the
18 Pretrial Services Agency, Probation Department or Court
19 Services Department in a pretrial bond home supervision
20 capacity with or without the use of an approved
21 electronic monitoring device subject to Article 8A of
22 Chapter V of the Unified Code of Corrections; or
23 (14.1) The court shall impose upon a defendant who
24 is charged with any alcohol, cannabis or controlled
25 substance violation and is placed under direct
26 supervision of the Pretrial Services Agency, Probation
27 Department or Court Services Department in a pretrial
28 bond home supervision capacity with the use of an
29 approved monitoring device, as a condition of such bail
30 bond, a fee that represents costs incidental to the
31 electronic monitoring for each day of such bail
32 supervision ordered by the court, unless after
33 determining the inability of the defendant to pay the
34 fee, the court assesses a lesser fee or no fee as the
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1 case may be. The fee shall be collected by the clerk of
2 the circuit court. The clerk of the circuit court shall
3 pay all monies collected from this fee to the county
4 treasurer for deposit in the substance abuse services
5 fund under Section 5-1086.1 of the Counties Code;
6 (14.2) The court shall impose upon all defendants,
7 including those defendants subject to paragraph (14.1)
8 above, placed under direct supervision of the Pretrial
9 Services Agency, Probation Department or Court Services
10 Department in a pretrial bond home supervision capacity
11 with the use of an approved monitoring device, as a
12 condition of such bail bond, a fee which shall represent
13 costs incidental to such electronic monitoring for each
14 day of such bail supervision ordered by the court, unless
15 after determining the inability of the defendant to pay
16 the fee, the court assesses a lesser fee or no fee as the
17 case may be. The fee shall be collected by the clerk of
18 the circuit court. The clerk of the circuit court shall
19 pay all monies collected from this fee to the county
20 treasurer who shall use the monies collected to defray
21 the costs of corrections. The county treasurer shall
22 deposit the fee collected in the county working cash fund
23 under Section 6-27001 or Section 6-29002 of the Counties
24 Code, as the case may be;
25 (15) Comply with the terms and conditions of an
26 order of protection issued by the court under the
27 Illinois Domestic Violence Act of 1986;
28 (16) Under Section 110-6.5 comply with the
29 conditions of the drug testing program; and
30 (17) Such other reasonable conditions as the court
31 may impose.
32 (c) When a person is charged with an offense under
33 Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
34 "Criminal Code of 1961", involving a victim who is a minor
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1 under 18 years of age living in the same household with the
2 defendant at the time of the offense, in granting bail or
3 releasing the defendant on his own recognizance, the judge
4 shall impose conditions to restrict the defendant's access to
5 the victim which may include, but are not limited to
6 conditions that he will:
7 1. Vacate the Household.
8 2. Make payment of temporary support to his
9 dependents.
10 3. Refrain from contact or communication with the
11 child victim, except as ordered by the court.
12 (d) When a person is charged with a criminal offense and
13 the victim is a family or household member as defined in
14 Article 112A, conditions shall be imposed at the time of the
15 defendant's release on bond that restrict the defendant's
16 access to the victim. Unless provided otherwise by the court,
17 the restrictions shall include requirements that the
18 defendant do the following:
19 (1) refrain from contact or communication with the
20 victim for a minimum period of 72 hours following the
21 defendant's release; and
22 (2) refrain from entering or remaining at the
23 victim's residence for a minimum period of 72 hours
24 following the defendant's release.
25 (e) Local law enforcement agencies shall develop
26 standardized bond forms for use in cases involving family or
27 household members as defined in Article 112A, including
28 specific conditions of bond as provided in subsection (d).
29 Failure of any law enforcement department to develop or use
30 those forms shall in no way limit the applicability and
31 enforcement of subsections (d) and (f).
32 (f) If the defendant is admitted to bail after
33 conviction the conditions of the bail bond shall be that he
34 will, in addition to the conditions set forth in subsections
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1 (a) and (b) hereof:
2 (1) Duly prosecute his appeal;
3 (2) Appear at such time and place as the court may
4 direct;
5 (3) Not depart this State without leave of the
6 court;
7 (4) Comply with such other reasonable conditions as
8 the court may impose; and,
9 (5) If the judgment is affirmed or the cause
10 reversed and remanded for a new trial, forthwith
11 surrender to the officer from whose custody he was
12 bailed.
13 (Source: P.A. 90-399, eff. 1-1-98; 91-11, eff. 6-4-99;
14 91-312, eff. 1-1-00; revised 10-15-99.)
15 ARTICLE 35
16 Section 35-5. The Criminal Code of 1961 is amended by
17 re-enacting Sections 8-4, 12-4.2, and 24-1.2 as follows:
18 (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
19 Sec. 8-4. Attempt.
20 (a) Elements of the Offense.
21 A person commits an attempt when, with intent to commit a
22 specific offense, he does any act which constitutes a
23 substantial step toward the commission of that offense.
24 (b) Impossibility.
25 It shall not be a defense to a charge of attempt that
26 because of a misapprehension of the circumstances it would
27 have been impossible for the accused to commit the offense
28 attempted.
29 (c) Sentence.
30 A person convicted of an attempt may be fined or
31 imprisoned or both not to exceed the maximum provided for the
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1 offense attempted but, except for an attempt to commit the
2 offense defined in Section 33A-2 of this Act,
3 (1) the sentence for attempt to commit first degree
4 murder is the sentence for a Class X felony, except that
5 (A) an attempt to commit first degree murder
6 when at least one of the aggravating factors
7 specified in paragraphs (1), (2) and (12) of
8 subsection (b) of Section 9-1 is present is a Class
9 X felony for which the sentence shall be a term of
10 imprisonment of not less than 20 years and not more
11 than 80 years;
12 (B) an attempt to commit first degree murder
13 while armed with a firearm is a Class X felony for
14 which 15 years shall be added to the term of
15 imprisonment imposed by the court;
16 (C) an attempt to commit first degree murder
17 during which the person personally discharged a
18 firearm is a Class X felony for which 20 years shall
19 be added to the term of imprisonment imposed by the
20 court;
21 (D) an attempt to commit first degree murder
22 during which the person personally discharged a
23 firearm that proximately caused great bodily harm,
24 permanent disability, permanent disfigurement, or
25 death to another person, is a Class X felony for
26 which 25 years or up to a term of natural life shall
27 be added to the term of imprisonment imposed by the
28 court.
29 (2) the sentence for attempt to commit a Class X
30 felony is the sentence for a Class 1 felony;
31 (3) the sentence for attempt to commit a Class 1
32 felony is the sentence for a Class 2 felony;
33 (4) the sentence for attempt to commit a Class 2
34 felony is the sentence for a Class 3 felony; and
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1 (5) the sentence for attempt to commit any felony
2 other than those specified in Subsections (1), (2), (3)
3 and (4) hereof is the sentence for a Class A misdemeanor.
4 (Source: P.A. 91-404, eff. 1-1-00.)
5 (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2)
6 Sec. 12-4.2. Aggravated Battery with a firearm.
7 (a) A person commits aggravated battery with a firearm
8 when he, in committing a battery, knowingly or intentionally
9 by means of the discharging of a firearm (1) causes any
10 injury to another person, or (2) causes any injury to a
11 person he knows to be a peace officer, a community policing
12 volunteer, a correctional institution employee or a fireman
13 while the officer, volunteer, employee or fireman is engaged
14 in the execution of any of his official duties, or to prevent
15 the officer, volunteer, employee or fireman from performing
16 his official duties, or in retaliation for the officer,
17 volunteer, employee or fireman performing his official
18 duties, or (3) causes any injury to a person he knows to be
19 an emergency medical technician - ambulance, emergency
20 medical technician - intermediate, emergency medical
21 technician - paramedic, ambulance driver, or other medical
22 assistance or first aid personnel, employed by a municipality
23 or other governmental unit, while the emergency medical
24 technician - ambulance, emergency medical technician -
25 intermediate, emergency medical technician - paramedic,
26 ambulance driver, or other medical assistance or first aid
27 personnel is engaged in the execution of any of his official
28 duties, or to prevent the emergency medical technician -
29 ambulance, emergency medical technician - intermediate,
30 emergency medical technician - paramedic, ambulance driver,
31 or other medical assistance or first aid personnel from
32 performing his official duties, or in retaliation for the
33 emergency medical technician - ambulance, emergency medical
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1 technician - intermediate, emergency medical technician -
2 paramedic, ambulance driver, or other medical assistance or
3 first aid personnel performing his official duties, or (4)
4 causes any injury to a person he or she knows to be a teacher
5 or other person employed in a school and the teacher or other
6 employee is upon grounds of a school or grounds adjacent to a
7 school, or is in any part of a building used for school
8 purposes.
9 (b) A violation of subsection (a) (1) of this Section is
10 a Class X felony. A violation of subsection (a) (2),
11 subsection (a) (3), or subsection (a)(4) of this Section is
12 a Class X felony for which the sentence shall be a term of
13 imprisonment of no less than 15 years and no more than 60
14 years.
15 (c) For purposes of this Section, "firearm" is defined
16 as in "An Act relating to the acquisition, possession and
17 transfer of firearms and firearm ammunition, to provide a
18 penalty for the violation thereof and to make an
19 appropriation in connection therewith", approved August 1,
20 1967, as amended.
21 (Source: P.A. 90-651, eff. 1-1-99; 91-434, eff. 1-1-00.)
22 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
23 Sec. 24-1.2. Aggravated discharge of a firearm.
24 (a) A person commits aggravated discharge of a firearm
25 when he or she knowingly or intentionally:
26 (1) Discharges a firearm at or into a building he
27 or she knows or reasonably should know to be occupied and
28 the firearm is discharged from a place or position
29 outside that building;
30 (2) Discharges a firearm in the direction of
31 another person or in the direction of a vehicle he or she
32 knows or reasonably should know to be occupied by a
33 person;
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1 (3) Discharges a firearm in the direction of a
2 person he or she knows to be a peace officer, a community
3 policing volunteer, a correctional institution employee,
4 or a fireman while the officer, volunteer, employee or
5 fireman is engaged in the execution of any of his or her
6 official duties, or to prevent the officer, volunteer,
7 employee or fireman from performing his or her official
8 duties, or in retaliation for the officer, volunteer,
9 employee or fireman performing his or her official
10 duties;
11 (4) Discharges a firearm in the direction of a
12 vehicle he or she knows to be occupied by a peace
13 officer, a person summoned or directed by a peace
14 officer, a correctional institution employee or a fireman
15 while the officer, employee or fireman is engaged in the
16 execution of any of his or her official duties, or to
17 prevent the officer, employee or fireman from performing
18 his or her official duties, or in retaliation for the
19 officer, employee or fireman performing his or her
20 official duties;
21 (5) Discharges a firearm in the direction of a
22 person he or she knows to be an emergency medical
23 technician - ambulance, emergency medical technician -
24 intermediate, emergency medical technician - paramedic,
25 ambulance driver, or other medical assistance or first
26 aid personnel, employed by a municipality or other
27 governmental unit, while the emergency medical technician
28 - ambulance, emergency medical technician - intermediate,
29 emergency medical technician - paramedic, ambulance
30 driver, or other medical assistance or first aid
31 personnel is engaged in the execution of any of his or
32 her official duties, or to prevent the emergency medical
33 technician - ambulance, emergency medical technician -
34 intermediate, emergency medical technician - paramedic,
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1 ambulance driver, or other medical assistance or first
2 aid personnel from performing his or her official duties,
3 or in retaliation for the emergency medical technician -
4 ambulance, emergency medical technician - intermediate,
5 emergency medical technician - paramedic, ambulance
6 driver, or other medical assistance or first aid
7 personnel performing his or her official duties; or
8 (6) Discharges a firearm in the direction of a
9 vehicle he or she knows to be occupied by an emergency
10 medical technician - ambulance, emergency medical
11 technician - intermediate, emergency medical technician -
12 paramedic, ambulance driver, or other medical assistance
13 or first aid personnel, employed by a municipality or
14 other governmental unit, while the emergency medical
15 technician - ambulance, emergency medical technician -
16 intermediate, emergency medical technician - paramedic,
17 ambulance driver, or other medical assistance or first
18 aid personnel is engaged in the execution of any of his
19 or her official duties, or to prevent the emergency
20 medical technician - ambulance, emergency medical
21 technician - intermediate, emergency medical technician -
22 paramedic, ambulance driver, or other medical assistance
23 or first aid personnel from performing his or her
24 official duties, or in retaliation for the emergency
25 medical technician - ambulance, emergency medical
26 technician - intermediate, emergency medical technician -
27 paramedic, ambulance driver, or other medical assistance
28 or first aid personnel performing his or her official
29 duties; or
30 (7) Discharges a firearm in the direction of a
31 person he or she knows to be a teacher or other person
32 employed in any school and the teacher or other employee
33 is upon the grounds of a school or grounds adjacent to a
34 school, or is in any part of a building used for school
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1 purposes.
2 (b) A violation of subsection (a)(1) or subsection
3 (a)(2) of this Section is a Class 1 felony. A violation of
4 subsection (a)(1) or (a)(2) of this Section committed in a
5 school, on the real property comprising a school, within
6 1,000 feet of the real property comprising a school, at a
7 school related activity or on or within 1,000 feet of any
8 conveyance owned, leased, or contracted by a school to
9 transport students to or from school or a school related
10 activity, regardless of the time of day or time of year that
11 the offense was committed is a Class X felony. A violation of
12 subsection (a)(3), (a)(4), (a)(5), (a)(6), or (a)(7) of this
13 Section is a Class X felony for which the sentence shall be a
14 term of imprisonment of no less than 10 years and not more
15 than 45 years.
16 (c) For purposes of this Section:
17 "School" means a public or private elementary or
18 secondary school, community college, college, or university.
19 "School related activity" means any sporting, social,
20 academic, or other activity for which students' attendance or
21 participation is sponsored, organized, or funded in whole or
22 in part by a school or school district.
23 (Source: P.A. 90-651, eff. 1-1-99; 91-12, eff. 1-1-00;
24 91-357, eff. 7-29-99; 91-434, eff. 1-1-00; revised 8-30-99.)
25 ARTICLE 40
26 Section 40-10. The Criminal Code of 1961 is amended by
27 re-enacting Section 12-6.1 as follows:
28 (720 ILCS 5/12-6.1) (from Ch. 38, par. 12-6.1)
29 Sec. 12-6.1. Compelling organization membership of
30 persons. A person who expressly or impliedly threatens to do
31 bodily harm or does bodily harm to an individual or to that
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1 individual's family or uses any other criminally unlawful
2 means to solicit or cause any person to join, or deter any
3 person from leaving, any organization or association
4 regardless of the nature of such organization or association,
5 is guilty of a Class 2 felony.
6 Any person of the age of 18 years or older who expressly
7 or impliedly threatens to do bodily harm or does bodily harm
8 to a person under 18 years of age or uses any other
9 criminally unlawful means to solicit or cause any person
10 under 18 years of age to join, or deter any person under 18
11 years of age from leaving, any organization or association
12 regardless of the nature of such organization or association
13 is guilty of a Class 1 felony.
14 A person convicted of an offense under this Section shall
15 not be eligible to receive a sentence of probation,
16 conditional discharge, or periodic imprisonment.
17 (Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 1-1-96; 89-314,
18 eff. 1-1-96; 89-626, eff. 8-9-96.)
19 ARTICLE 50
20 Section 50-5. The Criminal Code of 1961 is amended by
21 re-enacting Sections 11-14, 11-14.1, 11-16, 11-19, 11-19.1,
22 11-19.2, 24-3, 24-3.1, 33A-1, 33A-3, and 33F-1 as follows:
23 (720 ILCS 5/11-14) (from Ch. 38, par. 11-14)
24 Sec. 11-14. Prostitution.
25 (a) Any person who performs, offers or agrees to perform
26 any act of sexual penetration as defined in Section 12-12 of
27 this Code for any money, property, token, object, or article
28 or anything of value, or any touching or fondling of the sex
29 organs of one person by another person, for any money,
30 property, token, object, or article or anything of value, for
31 the purpose of sexual arousal or gratification commits an act
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1 of prostitution.
2 (b) Sentence.
3 Prostitution is a Class A misdemeanor. A person convicted
4 of a second or subsequent violation of this Section, or of
5 any combination of such number of convictions under this
6 Section and Sections 11-15 , 11-17, 11-18, 11-18.1 and 11-19
7 of this Code is guilty of a Class 4 felony. When a person has
8 one or more prior convictions, the information or indictment
9 charging that person shall state such prior conviction so as
10 to give notice of the State's intention to treat the charge
11 as a felony. The fact of such prior conviction is not an
12 element of the offense and may not be disclosed to the jury
13 during trial unless otherwise permitted by issues properly
14 raised during such trial.
15 (c) A person who violates this Section within 1,000 feet
16 of real property comprising a school commits a Class 4
17 felony.
18 (Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00;
19 revised 10-20-99.)
20 (720 ILCS 5/11-14.1)
21 Sec. 11-14.1. Solicitation of a sexual act.
22 (a) Any person who offers a person not his or her spouse
23 any money, property, token, object, or article or anything of
24 value to perform any act of sexual penetration as defined in
25 Section 12-12 of this Code, or any touching or fondling of
26 the sex organs of one person by another person for the
27 purpose of sexual arousal or gratification, commits the
28 offense of solicitation of a sexual act.
29 (b) Sentence. Solicitation of a sexual act is a Class B
30 misdemeanor.
31 (Source: P.A. 88-325; 88-680, eff. 1-1-95.)
32 (720 ILCS 5/11-16) (from Ch. 38, par. 11-16)
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1 Sec. 11-16. Pandering.
2 (a) Any person who performs any of the following acts
3 for any money, property, token, object, or article or
4 anything of value commits pandering:
5 (1) Compels a person to become a prostitute; or
6 (2) Arranges or offers to arrange a situation in
7 which a person may practice prostitution.
8 (b) Sentence.
9 Pandering by compulsion is a Class 4 felony. Pandering
10 other than by compulsion is a Class 4 felony.
11 (c) A person who violates this Section within 1,000 feet
12 of real property comprising a school commits a Class 3
13 felony.
14 (Source: P.A. 91-274, eff. 1-1-00.)
15 (720 ILCS 5/11-19) (from Ch. 38, par. 11-19)
16 Sec. 11-19. Pimping.
17 (a) Any person who receives any money, property, token,
18 object, or article or anything of value from a prostitute,
19 not for a lawful consideration, knowing it was earned in
20 whole or in part from the practice of prostitution, commits
21 pimping.
22 (b) Sentence.
23 Pimping is a Class A misdemeanor. A person convicted of a
24 second or subsequent violation of this Section, or of any
25 combination of such number of convictions under this Section
26 and Sections 11-14, 11-15, 11-17, 11-18 and 11-18.1 of this
27 Code is guilty of a Class 4 felony. When a person has one or
28 more prior convictions, the information or indictment
29 charging that person shall state such prior conviction so as
30 to give notice of the State's intention to treat the charge
31 as a felony. The fact of such conviction is not an element
32 of the offense and may not be disclosed to the jury during
33 trial unless otherwise permitted by issues properly raised
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1 during such trial.
2 (c) A person who violates this Section within 1,000 feet
3 of real property comprising a school commits a Class 4
4 felony.
5 (Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00;
6 revised 10-20-99.)
7 (720 ILCS 5/11-19.1) (from Ch. 38, par. 11-19.1)
8 Sec. 11-19.1. Juvenile Pimping.
9 (a) Any person who receives any money, property, token,
10 object, or article or anything of value from a prostitute
11 under 16 years of age or from a prostitute who is an
12 institutionalized severely or profoundly mentally retarded
13 person, not for a lawful consideration, knowing it was earned
14 in whole or in part from the practice of prostitution,
15 commits juvenile pimping.
16 (b) It is an affirmative defense to a charge of juvenile
17 pimping that the accused reasonably believed the person was
18 of the age of 16 years or over or was not an
19 institutionalized severely or profoundly mentally retarded
20 person at the time of the act giving rise to the charge.
21 (c) Sentence.
22 Juvenile pimping is a Class 1 felony.
23 (Source: P.A. 88-680, eff. 1-1-95.)
24 (720 ILCS 5/11-19.2) (from Ch. 38, par. 11-19.2)
25 Sec. 11-19.2. Exploitation of a child.
26 (A) A person commits exploitation of a child when he or
27 she confines a child under the age of 16 or an
28 institutionalized severely or profoundly mentally retarded
29 person against his or her will by the infliction or threat of
30 imminent infliction of great bodily harm, permanent
31 disability or disfigurement or by administering to the child
32 or an institutionalized severely or profoundly mentally
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1 retarded person without his or her consent or by threat or
2 deception and for other than medical purposes, any alcoholic
3 intoxicant or a drug as defined in the Illinois Controlled
4 Substances Act or the Cannabis Control Act and:
5 (1) compels the child or an institutionalized
6 severely or profoundly mentally retarded person to become
7 a prostitute; or
8 (2) arranges a situation in which the child or an
9 institutionalized severely or profoundly mentally
10 retarded person may practice prostitution; or
11 (3) receives any money, property, token, object, or
12 article or anything of value from the child or an
13 institutionalized severely or profoundly mentally
14 retarded person knowing it was obtained in whole or in
15 part from the practice of prostitution.
16 (B) For purposes of this Section, administering drugs,
17 as defined in subsection (A), or an alcoholic intoxicant to a
18 child under the age of 13 or an institutionalized severely or
19 profoundly mentally retarded person shall be deemed to be
20 without consent if such administering is done without the
21 consent of the parents or legal guardian.
22 (C) Exploitation of a child is a Class X felony.
23 (D) Any person convicted under this Section is subject
24 to the forfeiture provisions of Section 11-20.1A of this Act.
25 (Source: P.A. 91-357, eff. 7-29-99.)
26 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
27 Sec. 24-3. Unlawful Sale of Firearms.
28 (A) A person commits the offense of unlawful sale of
29 firearms when he or she knowingly does any of the following:
30 (a) Sells or gives any firearm of a size which may
31 be concealed upon the person to any person under 18 years
32 of age.; or
33 (b) Sells or gives any firearm to a person under 21
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1 years of age who has been convicted of a misdemeanor
2 other than a traffic offense or adjudged delinquent.; or
3 (c) Sells or gives any firearm to any narcotic
4 addict.; or
5 (d) Sells or gives any firearm to any person who
6 has been convicted of a felony under the laws of this or
7 any other jurisdiction.; or
8 (e) Sells or gives any firearm to any person who
9 has been a patient in a mental hospital within the past 5
10 years.; or
11 (f) Sells or gives any firearms to any person who
12 is mentally retarded.; or
13 (g) Delivers any firearm of a size which may be
14 concealed upon the person, incidental to a sale, without
15 withholding delivery of such firearm for at least 72
16 hours after application for its purchase has been made,
17 or delivers any rifle, shotgun or other long gun,
18 incidental to a sale, without withholding delivery of
19 such rifle, shotgun or other long gun for at least 24
20 hours after application for its purchase has been made.
21 However, this paragraph (g) does shall not apply to: (1)
22 the sale of a firearm to a law enforcement officer or a
23 person who desires to purchase a firearm for use in
24 promoting the public interest incident to his or her
25 employment as a bank guard, armed truck guard, or other
26 similar employment; or (2) a mail order sale of a firearm
27 to a nonresident of Illinois under which the firearm is
28 mailed to a point outside the boundaries of Illinois; or
29 (3) the sale of a firearm to a nonresident of Illinois
30 while at a firearm showing or display recognized by the
31 Illinois Department of State Police; or (4) the sale of a
32 firearm to a dealer licensed under the Federal Firearms
33 Act of the United States.; or
34 (h) While holding any license under the federal
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1 "Gun Control Act of 1968", as amended, as a dealer,
2 importer, manufacturer or pawnbroker under the federal
3 Gun Control Act of 1968,; manufactures, sells or delivers
4 to any unlicensed person a handgun having a barrel,
5 slide, frame or receiver which is a die casting of zinc
6 alloy or any other nonhomogeneous metal which will melt
7 or deform at a temperature of less than 800 degrees
8 Fahrenheit. For purposes of this paragraph, (1)
9 "firearm" is defined as in the Firearm Owners
10 Identification Card Act "An Act relating to the
11 acquisition, possession and transfer of firearms and
12 firearm ammunition, to provide a penalty for the
13 violation thereof and to make an appropriation in
14 connection therewith", approved August 3, 1967, as
15 amended; and (2) "handgun" is defined as a firearm
16 designed to be held and fired by the use of a single
17 hand, and includes a combination of parts from which such
18 a firearm can be assembled.; or
19 (i) Sells or gives a firearm of any size to any
20 person under 18 years of age who does not possess a valid
21 Firearm Owner's Identification Card.
22 (B) (j) Paragraph (h) of subsection (A) does this
23 Section shall not include firearms sold within 6 months after
24 enactment of Public Act 78-355 (approved August 21, 1973,
25 effective October 1, 1973) this amendatory Act of 1973, nor
26 is shall any firearm legally owned or possessed by any
27 citizen or purchased by any citizen within 6 months after the
28 enactment of Public Act 78-355 this amendatory Act of 1973 be
29 subject to confiscation or seizure under the provisions of
30 that Public this amendatory Act of 1973. Nothing in Public
31 Act 78-355 this amendatory Act of 1973 shall be construed to
32 prohibit the gift or trade of any firearm if that firearm was
33 legally held or acquired within 6 months after the enactment
34 of that Public this amendatory Act of 1973.
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1 (C) (k) Sentence.
2 (1) Any person convicted of unlawful sale of
3 firearms in violation of any of paragraphs (c) through
4 (h) of subsection (A) commits a Class 4 felony.
5 (2) Any person convicted of unlawful sale of
6 firearms in violation of paragraph (b) or (i) of
7 subsection (A) commits a Class 3 felony.
8 (3) Any person convicted of unlawful sale of
9 firearms in violation of paragraph (a) of subsection (A)
10 commits a Class 2 felony.
11 (4) Any person convicted of unlawful sale of
12 firearms in violation of paragraph (a), (b), or (i) of
13 subsection (A) in any school, on the real property
14 comprising a school, within 1,000 feet of the real
15 property comprising a school, at a school related
16 activity, or on or within 1,000 feet of any conveyance
17 owned, leased, or contracted by a school or school
18 district to transport students to or from school or a
19 school related activity, regardless of the time of day or
20 time of year at which that the offense was committed,
21 commits a Class 1 felony. Any person convicted of a
22 second or subsequent violation of unlawful sale of
23 firearms in violation of paragraph (a), (b), or (i) of
24 subsection (A) in any school, on the real property
25 comprising a school, within 1,000 feet of the real
26 property comprising a school, at a school related
27 activity, or on or within 1,000 feet of any conveyance
28 owned, leased, or contracted by a school or school
29 district to transport students to or from school or a
30 school related activity, regardless of the time of day or
31 time of year at which that the offense was committed,
32 commits a Class 1 felony for which the sentence shall be
33 a term of imprisonment of no less than 5 years and no
34 more than 15 years.
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1 (5) Any person convicted of unlawful sale of
2 firearms in violation of paragraph (a) or (i) of
3 subsection (A) in residential property owned, operated,
4 or managed by a public housing agency or leased by a
5 public housing agency as part of a scattered site or
6 mixed-income development, in a public park, in a
7 courthouse, on residential property owned, operated, or
8 managed by a public housing agency or leased by a public
9 housing agency as part of a scattered site or
10 mixed-income development, on the real property comprising
11 any public park, on the real property comprising any
12 courthouse, or on any public way within 1,000 feet of the
13 real property comprising any public park, courthouse, or
14 residential property owned, operated, or managed by a
15 public housing agency or leased by a public housing
16 agency as part of a scattered site or mixed-income
17 development commits a Class 2 felony.
18 (D) (6) For purposes of this Section:
19 "School" means a public or private elementary or
20 secondary school, community college, college, or university.
21 "School related activity" means any sporting, social,
22 academic, or other activity for which students' attendance or
23 participation is sponsored, organized, or funded in whole or
24 in part by a school or school district.
25 (Source: P.A. 91-12, eff. 1-1-00; 91-673, eff. 12-22-99;
26 revised 1-7-00.)
27 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
28 Sec. 24-3.1. Unlawful possession of firearms and firearm
29 ammunition.
30 (a) A person commits the offense of unlawful possession
31 of firearms or firearm ammunition when:
32 (1) He is under 18 years of age and has in his
33 possession any firearm of a size which may be concealed
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1 upon the person; or
2 (2) He is under 21 years of age, has been convicted
3 of a misdemeanor other than a traffic offense or adjudged
4 delinquent and has any firearms or firearm ammunition in
5 his possession; or
6 (3) He is a narcotic addict and has any firearms or
7 firearm ammunition in his possession; or
8 (4) He has been a patient in a mental hospital
9 within the past 5 years and has any firearms or firearm
10 ammunition in his possession; or
11 (5) He is mentally retarded and has any firearms or
12 firearm ammunition in his possession; or
13 (6) He has in his possession any explosive bullet.
14 For purposes of this paragraph "explosive bullet" means
15 the projectile portion of an ammunition cartridge which
16 contains or carries an explosive charge which will explode
17 upon contact with the flesh of a human or an animal.
18 "Cartridge" means a tubular metal case having a projectile
19 affixed at the front thereof and a cap or primer at the rear
20 end thereof, with the propellant contained in such tube
21 between the projectile and the cap; or
22 (b) Sentence.
23 Unlawful possession of firearms, other than handguns, and
24 firearm ammunition is a Class A misdemeanor. Unlawful
25 possession of handguns is a Class 4 felony.
26 (Source: P.A. 88-680, eff. 1-1-95.)
27 (720 ILCS 5/33A-1) (from Ch. 38, par. 33A-1)
28 Sec. 33A-1. Legislative intent and definitions.
29 (a) Legislative findings. The legislature finds and
30 declares the following:
31 (1) The use of a dangerous weapon in the commission
32 of a felony offense poses a much greater threat to the
33 public health, safety, and general welfare, than when a
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1 weapon is not used in the commission of the offense.
2 (2) Further, the use of a firearm greatly
3 facilitates the commission of a criminal offense because
4 of the more lethal nature of a firearm and the greater
5 perceived threat produced in those confronted by a person
6 wielding a firearm. Unlike other dangerous weapons such
7 as knives and clubs, the use of a firearm in the
8 commission of a criminal felony offense significantly
9 escalates the threat and the potential for bodily harm,
10 and the greater range of the firearm increases the
11 potential for harm to more persons. Not only are the
12 victims and bystanders at greater risk when a firearm is
13 used, but also the law enforcement officers whose duty
14 is to confront and apprehend the armed suspect.
15 (3) Current law does contain offenses involving the
16 use or discharge of a gun toward or against a person,
17 such as aggravated battery with a firearm, aggravated
18 discharge of a firearm, and reckless discharge of a
19 firearm; however, the General Assembly has legislated
20 greater penalties for the commission of a felony while in
21 possession of a firearm because it deems such acts as
22 more serious.
23 (b) Legislative intent.
24 (1) In order to deter the use of firearms in the
25 commission of a felony offense, the General Assembly
26 deems it appropriate for a greater penalty to be imposed
27 when a firearm is used or discharged in the commission of
28 an offense than the penalty imposed for using other types
29 of weapons and for the penalty to increase on more
30 serious offenses.
31 (2) With the additional elements of the discharge
32 of a firearm and great bodily harm inflicted by a firearm
33 being added to armed violence and other serious felony
34 offenses, it is the intent of the General Assembly to
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1 punish those elements more severely during commission of
2 a felony offense than when those elements stand alone as
3 the act of the offender.
4 (3) It is the intent of the 91st General Assembly
5 that should Public Act 88-680 be declared
6 unconstitutional for a violation of Article 4, Section 8
7 of the 1970 Constitution of the State of Illinois, the
8 amendatory changes made by Public Act 88-680 to Article
9 33A of the Criminal Code of 1961 and which are set forth
10 as law in this amendatory Act of the 91st General
11 Assembly are hereby reenacted by this amendatory Act of
12 the 91st General Assembly.
13 (c) Definitions.
14 (1) "Armed with a dangerous weapon". A person is
15 considered armed with a dangerous weapon for purposes of
16 this Article, when he or she carries on or about his or
17 her person or is otherwise armed with a Category I,
18 Category II, or Category III weapon.
19 (2) A Category I weapon is a handgun, sawed-off
20 shotgun, sawed-off rifle, any other firearm small enough
21 to be concealed upon the person, semiautomatic firearm,
22 or machine gun. A Category II weapon is any other rifle,
23 shotgun, spring gun, other firearm, stun gun or taser as
24 defined in paragraph (a) of Section 24-1 of this Code,
25 knife with a blade of at least 3 inches in length,
26 dagger, dirk, switchblade knife, stiletto, axe, hatchet,
27 or other deadly or dangerous weapon or instrument of like
28 character. As used in this subsection (b) "semiautomatic
29 firearm" means a repeating firearm that utilizes a
30 portion of the energy of a firing cartridge to extract
31 the fired cartridge case and chamber the next round and
32 that requires a separate pull of the trigger to fire each
33 cartridge.
34 (3) A Category III weapon is a bludgeon,
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1 black-jack, slungshot, sand-bag, sand-club, metal
2 knuckles, billy, or other dangerous weapon of like
3 character.
4 (Source: P.A. 91-404, eff. 1-1-00.)
5 (720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
6 Sec. 33A-3. Sentence.
7 (a) Violation of Section 33A-2(a) with a Category I
8 weapon is a Class X felony for which the defendant shall be
9 sentenced to a minimum term of imprisonment of 15 years.
10 (a-5) Violation of Section 33A-2(a) with a Category II
11 weapon is a Class X felony for which the defendant shall be
12 sentenced to a minimum term of imprisonment of 10 years.
13 (b) Violation of Section 33A-2(a) with a Category III
14 weapon is a Class 2 felony or the felony classification
15 provided for the same act while unarmed, whichever permits
16 the greater penalty. A second or subsequent violation of
17 Section 33A-2(a) with a Category III weapon is a Class 1
18 felony or the felony classification provided for the same act
19 while unarmed, whichever permits the greater penalty.
20 (b-5) Violation of Section 33A-2(b) with a firearm that
21 is a Category I or Category II weapon is a Class X felony for
22 which the defendant shall be sentenced to a minimum term of
23 imprisonment of 20 years.
24 (b-10) Violation of Section 33A-2(c) with a firearm that
25 is a Category I or Category II weapon is a Class X felony for
26 which the defendant shall be sentenced to a term of
27 imprisonment of not less than 25 years nor more than 40
28 years.
29 (c) Unless sentencing under Section 33B-1 is applicable,
30 any person who violates subsection (a) or (b) of Section
31 33A-2 with a firearm, when that person has been convicted in
32 any state or federal court of 3 or more of the following
33 offenses: treason, first degree murder, second degree murder,
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1 predatory criminal sexual assault of a child, aggravated
2 criminal sexual assault, criminal sexual assault, robbery,
3 burglary, arson, kidnaping, aggravated battery resulting in
4 great bodily harm or permanent disability or disfigurement,
5 or a violation of Section 401(a) of the Illinois Controlled
6 Substances Act, when the third offense was committed after
7 conviction on the second, the second offense was committed
8 after conviction on the first, and the violation of Section
9 33A-2 was committed after conviction on the third, shall be
10 sentenced to a term of imprisonment of not less than 25 years
11 nor more than 50 years.
12 (c-5) Except as otherwise provided in paragraph (b-10)
13 or (c) of this Section, a person who violates Section
14 33A-2(a) with a firearm that is a Category I weapon or
15 Section 33A-2(b) in any school, in any conveyance owned,
16 leased, or contracted by a school to transport students to or
17 from school or a school related activity, or on the real
18 property comprising any school or public park, and where the
19 offense was related to the activities of an organized gang,
20 shall be sentenced to a term of imprisonment of not less than
21 the term set forth in subsection (a) or (b-5) of this
22 Section, whichever is applicable, and not more than 30 years.
23 For the purposes of this subsection (c-5), "organized gang"
24 has the meaning ascribed to it in Section 10 of the Illinois
25 Streetgang Terrorism Omnibus Prevention Act.
26 (d) For armed violence based upon a predicate offense
27 listed in this subsection (d) the court shall enter the
28 sentence for armed violence to run consecutively to the
29 sentence imposed for the predicate offense. The offenses
30 covered by this provision are:
31 (i) solicitation of murder,
32 (ii) solicitation of murder for hire,
33 (iii) heinous battery,
34 (iv) aggravated battery of a senior citizen,
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1 (v) criminal sexual assault,
2 (vi) a violation of subsection (g) of Section 5 of
3 the Cannabis Control Act,
4 (vii) cannabis trafficking,
5 (viii) a violation of subsection (a) of Section 401
6 of the Illinois Controlled Substances Act,
7 (ix) controlled substance trafficking involving a
8 Class X felony amount of controlled substance under
9 Section 401 of the Illinois Controlled Substances Act,
10 (x) calculated criminal drug conspiracy, or
11 (xi) streetgang criminal drug conspiracy.
12 (Source: P.A. 91-404, eff. 1-1-00.)
13 (720 ILCS 5/33F-1) (from Ch. 38, par. 33F-1)
14 Sec. 33F-1. Definitions. For purposes of this Article:
15 (a) "Body Armor" means any one of the following:
16 (1) A military style flak or tactical assault vest
17 which is made of Kevlar or any other similar material or
18 metal, fiberglass, plastic, and nylon plates and designed
19 to be worn over one's clothing for the intended purpose
20 of stopping not only missile fragmentation from mines,
21 grenades, mortar shells and artillery fire but also fire
22 from rifles, machine guns, and small arms.
23 (2) Soft body armor which is made of Kevlar or any
24 other similar material or metal or any other type of
25 insert and which is lightweight and pliable and which can
26 be easily concealed under a shirt.
27 (3) A military style recon/surveillance vest which
28 is made of Kevlar or any other similar material and which
29 is lightweight and designed to be worn over one's
30 clothing.
31 (4) Protective casual clothing which is made of
32 Kevlar or any other similar material and which was
33 originally intended to be used by undercover law
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1 enforcement officers or dignitaries and is designed to
2 look like jackets, coats, raincoats, quilted or three
3 piece suit vests.
4 (b) "Dangerous weapon" means a Category I, Category II,
5 or Category III weapon as defined in Section 33A-1 of this
6 Code.
7 (Source: P.A. 87-521; 88-680, eff. 1-1-95.)
8 Section 50-10. The Wrongs to Children Act is amended by
9 re-enacting Section 5.1 as follows:
10 (720 ILCS 150/5.1) (from Ch. 23, par. 2355.1)
11 Sec. 5.1. A. A parent, step-parent, legal guardian, or
12 other person having custody of a child who knowingly allows
13 or permits an act of criminal sexual abuse or criminal sexual
14 assault as defined in Section 12-13, 12-14, 12-14.1, 12-15 or
15 12-16 of the Criminal Code of 1961, upon his or her child, or
16 knowingly permits, induces, promotes, or arranges for the
17 child to engage in prostitution as defined in Section 11-14
18 of the Criminal Code of 1961, and fails to take reasonable
19 steps to prevent its commission or future occurrences of such
20 acts commits the offense of permitting the sexual abuse of a
21 child. For purposes of this Section, "child" means a minor
22 under the age of 17 years.
23 B. Any person convicted of permitting the sexual abuse
24 of a child is guilty of a Class 1 felony.
25 (Source: P.A. 88-680, eff. 1-1-95; 89-428, eff. 12-13-95;
26 89-462, eff. 5-29-96.)
27 ARTICLE 990
28 Section 990-1. Severability. The provisions of this Act
29 are severable under Section 1.31 of the Statute on Statutes.
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1 ARTICLE 999
2 Section 999-1. Effective date. This Act takes effect
3 upon becoming law.