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91_SB1365enr SB1365 Enrolled 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 SB1365 Enrolled -2- LRB9111410RCpk 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: SB1365 Enrolled -3- LRB9111410RCpk 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 SB1365 Enrolled -4- LRB9111410RCpk 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 SB1365 Enrolled -5- LRB9111410RCpk 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 SB1365 Enrolled -6- LRB9111410RCpk 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 SB1365 Enrolled -7- LRB9111410RCpk 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 SB1365 Enrolled -8- LRB9111410RCpk 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;or28 (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.SB1365 Enrolled -9- LRB9111410RCpk 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 SB1365 Enrolled -10- LRB9111410RCpk 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 SB1365 Enrolled -11- LRB9111410RCpk 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. SB1365 Enrolled -12- LRB9111410RCpk 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 SB1365 Enrolled -13- LRB9111410RCpk 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 SB1365 Enrolled -14- LRB9111410RCpk 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 SB1365 Enrolled -15- LRB9111410RCpk 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 SB1365 Enrolled -16- LRB9111410RCpk 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 SB1365 Enrolled -17- LRB9111410RCpk 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 SB1365 Enrolled -18- LRB9111410RCpk 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 SB1365 Enrolled -19- LRB9111410RCpk 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 SB1365 Enrolled -20- LRB9111410RCpk 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 SB1365 Enrolled -21- LRB9111410RCpk 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 SB1365 Enrolled -22- LRB9111410RCpk 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 SB1365 Enrolled -23- LRB9111410RCpk 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 SB1365 Enrolled -24- LRB9111410RCpk 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 SB1365 Enrolled -25- LRB9111410RCpk 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. SB1365 Enrolled -26- LRB9111410RCpk 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 SB1365 Enrolled -27- LRB9111410RCpk 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) SB1365 Enrolled -28- LRB9111410RCpk 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 SB1365 Enrolled -29- LRB9111410RCpk 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 SB1365 Enrolled -30- LRB9111410RCpk 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 SB1365 Enrolled -31- LRB9111410RCpk 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 SB1365 Enrolled -32- LRB9111410RCpk 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. SB1365 Enrolled -33- LRB9111410RCpk 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 SB1365 Enrolled -34- LRB9111410RCpk 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 SB1365 Enrolled -35- LRB9111410RCpk 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 SB1365 Enrolled -36- LRB9111410RCpk 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; SB1365 Enrolled -37- LRB9111410RCpk 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, forgoforegothe 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 SB1365 Enrolled -38- LRB9111410RCpk 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 SB1365 Enrolled -39- LRB9111410RCpk 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;or23 (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 SB1365 Enrolled -40- LRB9111410RCpk 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 SB1365 Enrolled -41- LRB9111410RCpk 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 SB1365 Enrolled -42- LRB9111410RCpk 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 SB1365 Enrolled -43- LRB9111410RCpk 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 SB1365 Enrolled -44- LRB9111410RCpk 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 SB1365 Enrolled -45- LRB9111410RCpk 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; SB1365 Enrolled -46- LRB9111410RCpk 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, SB1365 Enrolled -47- LRB9111410RCpk 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;or8 (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 SB1365 Enrolled -48- LRB9111410RCpk 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 SB1365 Enrolled -49- LRB9111410RCpk 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 SB1365 Enrolled -50- LRB9111410RCpk 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) SB1365 Enrolled -51- LRB9111410RCpk 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 SB1365 Enrolled -52- LRB9111410RCpk 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 SB1365 Enrolled -53- LRB9111410RCpk 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.; or33 (b) Sells or gives any firearm to a person under 21 SB1365 Enrolled -54- LRB9111410RCpk 1 years of age who has been convicted of a misdemeanor 2 other than a traffic offense or adjudged delinquent.; or3 (c) Sells or gives any firearm to any narcotic 4 addict.; or5 (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.; or8 (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.; or11 (f) Sells or gives any firearms to any person who 12 is mentally retarded.; or13 (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) doesshallnot 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;or29 (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.; or34 (h) While holding any licenseunder the federalSB1365 Enrolled -55- LRB9111410RCpk 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 the11acquisition, possession and transfer of firearms and12firearm ammunition, to provide a penalty for the13violation thereof and to make an appropriation in14connection therewith", approved August 3, 1967, as15amended; 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.; or19 (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) doesthis23Section shallnot 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 isshallany firearm legally owned or possessed by any 27 citizen or purchased by any citizen within 6 months after the 28 enactment of Public Act 78-355this amendatory Act of 1973 be29 subject to confiscation or seizure under the provisions of 30 that Publicthis amendatoryActof 1973. Nothing in Public 31 Act 78-355this amendatory Act of 1973shall 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 Publicthis amendatoryActof 1973. SB1365 Enrolled -56- LRB9111410RCpk 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 whichthatthe 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 whichthatthe 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. SB1365 Enrolled -57- LRB9111410RCpk 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 SB1365 Enrolled -58- LRB9111410RCpk 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 SB1365 Enrolled -59- LRB9111410RCpk 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 SB1365 Enrolled -60- LRB9111410RCpk 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, SB1365 Enrolled -61- LRB9111410RCpk 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, SB1365 Enrolled -62- LRB9111410RCpk 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, SB1365 Enrolled -63- LRB9111410RCpk 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 SB1365 Enrolled -64- LRB9111410RCpk 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. SB1365 Enrolled -65- LRB9111410RCpk 1 ARTICLE 999 2 Section 999-1. Effective date. This Act takes effect 3 upon becoming law.