[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ Senate Amendment 001 ] | [ Senate Amendment 002 ] |
92_SB1065ham001
LRB9201493RCcdam08
1 AMENDMENT TO SENATE BILL 1065
2 AMENDMENT NO. . Amend Senate Bill 1065 as follows:
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Firearm Owners Identification Card Act
6 is amended by changing Sections 3, 4, 6, 10, and 14 as
7 follows:
8 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
9 Sec. 3. (a) Except as provided in Section 3a, no person
10 within this State may knowingly transfer, or cause to be
11 transferred, any firearm or any firearm ammunition to any
12 person within this State unless the transferee with whom he
13 deals displays a currently valid Firearm Owner's
14 Identification Card which has previously been issued in his
15 name by the Department of State Police under the provisions
16 of this Act. In addition, all firearm transfers by federally
17 licensed firearm dealers are subject to Section 3.1.
18 (b) Any person within this State who transfers or causes
19 to be transferred any firearm shall keep a record of such
20 transfer for a period of 10 years from the date of transfer.
21 Such record shall contain the date of the transfer; the
-2- LRB9201493RCcdam08
1 description, serial number or other information identifying
2 the firearm if no serial number is available; and, if the
3 transfer was completed within this State, the transferee's
4 Firearm Owner's Identification Card number. On demand of a
5 peace officer such transferor shall produce for inspection
6 such record of transfer.
7 (c) The provisions of this Section regarding the
8 transfer of firearm ammunition shall not apply to those
9 persons specified in paragraph (b) of Section 2 of this Act.
10 (Source: P.A. 87-299.)
11 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
12 Sec. 4. (a) Each applicant for a Firearm Owner's
13 Identification Card must:
14 (1) Make application on blank forms prepared and
15 furnished at convenient locations throughout the State by
16 the Department of State Police, or by electronic means,
17 if and when made available by the Department of State
18 Police; and
19 (2) Submit evidence under penalty of perjury to the
20 Department of State Police that:
21 (i) He or she is 21 years of age or over, or
22 if he or she is under 21 years of age that he or she
23 has the written consent of his or her parent or
24 legal guardian to possess and acquire firearms and
25 firearm ammunition and that he or she has never been
26 convicted of a misdemeanor other than a traffic
27 offense or adjudged delinquent, provided, however,
28 that such parent or legal guardian is not an
29 individual prohibited from having a Firearm Owner's
30 Identification Card and files an affidavit with the
31 Department as prescribed by the Department stating
32 that he or she is not an individual prohibited from
33 having a Card;
-3- LRB9201493RCcdam08
1 (ii) He or she has not been convicted of a
2 felony under the laws of this or any other
3 jurisdiction;
4 (iii) He or she is not addicted to narcotics;
5 (iv) He or she has not been a patient in a
6 mental institution within the past 5 years;
7 (v) He or she is not mentally retarded;
8 (vi) He or she is not an alien who is
9 unlawfully present in the United States under the
10 laws of the United States;
11 (vii) He or she is not subject to an existing
12 order of protection prohibiting him or her from
13 possessing a firearm;
14 (viii) He or she has not been convicted within
15 the past 5 years of battery, assault, aggravated
16 assault, violation of an order of protection, or a
17 substantially similar offense in another
18 jurisdiction, in which a firearm was used or
19 possessed;
20 (ix) He or she has not been convicted of
21 domestic battery or a substantially similar offense
22 in another jurisdiction committed on or after the
23 effective date of this amendatory Act of 1997; and
24 (x) He or she has not been convicted within
25 the past 5 years of domestic battery or a
26 substantially similar offense in another
27 jurisdiction committed before the effective date of
28 this amendatory Act of 1997; and
29 (3) Upon request by the Department of State Police,
30 sign a release on a form prescribed by the Department of
31 State Police waiving any right to confidentiality and
32 requesting the disclosure to the Department of State
33 Police of limited mental health institution admission
34 information from another state, the District of Columbia,
-4- LRB9201493RCcdam08
1 any other territory of the United States, or a foreign
2 nation concerning the applicant for the sole purpose of
3 determining whether the applicant is or was a patient in
4 a mental health institution and disqualified because of
5 that status from receiving a Firearm Owner's
6 Identification Card. No mental health care or treatment
7 records may be requested. The information received shall
8 be destroyed within one year of receipt.
9 (a-5) Each applicant for a Firearm Owner's
10 Identification Card who is over the age of 18 shall furnish
11 to the Department of State Police either his or her driver's
12 license number or Illinois Identification Card number.
13 (b) Each application form shall include the following
14 statement printed in bold type: "Warning: Entering false
15 information on an application for a Firearm Owner's
16 Identification Card is punishable as a Class 2 felony in
17 accordance with subsection (d-5) of Section 14 of the Firearm
18 Owners Identification Card Act. False statements of the
19 applicant shall result in prosecution for perjury in
20 accordance with Section 32-2 of the Criminal Code of 1961.".
21 (c) Upon such written consent, pursuant to Section 4,
22 paragraph (a) (2) (i), the parent or legal guardian giving
23 the consent shall be liable for any damages resulting from
24 the applicant's use of firearms or firearm ammunition.
25 (Source: P.A. 90-493, eff. 1-1-98; 91-514, eff. 1-1-00;
26 91-694, eff. 4-13-00.)
27 (430 ILCS 65/6) (from Ch. 38, par. 83-6)
28 Sec. 6. Contents of Firearm Owner's Identification Card.
29 (a) A Firearm Owner's Identification Card, issued by the
30 Department of State Police at such places as the Director of
31 the Department shall specify, shall contain the applicant's
32 name, residence, date of birth, sex, physical description,
33 recent photograph and signature such other personal
-5- LRB9201493RCcdam08
1 identifying information as may be required by the Director.
2 Each Firearm Owner's Identification Card must have the
3 expiration date boldly and conspicuously displayed on the
4 face of the card. Each Firearm Owner's Identification Card
5 must have printed on it the following: "CAUTION - This card
6 does not permit bearer to UNLAWFULLY carry or use firearms."
7 Before December 1, 2002, the Department may use a person's
8 digital photograph and signature from his or her Illinois
9 driver's license or Illinois Identification Card, if
10 available. On and after December 1, 2002, the Department
11 shall use a person's digital photograph and signature from
12 his or her Illinois driver's license or Illinois
13 Identification Card, if available. The Department shall
14 decline to use a person's digital photograph or signature if
15 the digital photograph or signature is the result of or
16 associated with fraudulent or erroneous data, unless
17 otherwise provided by law.
18 (b) A person applying for a Firearm Owner's
19 Identification Card shall consent to the Department of State
20 Police using the applicant's digital driver's license or
21 Illinois Identification Card photograph, if available, and
22 signature on the applicant's Firearm Owner's Identification
23 Card. The Secretary of State shall allow the Department of
24 State Police access to the photograph and signature for the
25 purpose of identifying the applicant and issuing to the
26 applicant a Firearm Owner's Identification Card.
27 (c) The Secretary of State shall conduct a study to
28 determine the cost and feasibility of creating a method of
29 adding an identifiable code, background, or other means on
30 the driver's license or Illinois Identification Card to show
31 that an individual is not disqualified from owning or
32 possessing a firearm under State or federal law. The
33 Secretary shall report the findings of this study 12 months
34 after the effective date of this amendatory Act of the 92nd
-6- LRB9201493RCcdam08
1 General Assembly.
2 (Source: P.A. 91-694, eff. 4-13-00.)
3 (430 ILCS 65/10) (from Ch. 38, par. 83-10)
4 Sec. 10. (a) Whenever an application for a Firearm
5 Owner's Identification Card is denied, whenever the
6 Department fails to act on an application within 30 days of
7 its receipt, or whenever such a Card is revoked or seized as
8 provided for in Section 8 of this Act, the aggrieved party
9 may appeal to the Director of the Department of State Police
10 for a hearing upon such denial, revocation or seizure, unless
11 the denial, revocation, or seizure was based upon a forcible
12 felony, stalking, aggravated stalking, domestic battery, any
13 violation of either the Illinois Controlled Substances Act or
14 the Cannabis Control Act that is classified as a Class 2 or
15 greater felony, or any felony violation of Article 24 of the
16 Criminal Code of 1961, in which case the aggrieved party may
17 petition the circuit court in writing in the county of his or
18 her residence for a hearing upon such denial, revocation, or
19 seizure.
20 (b) At least 30 days before any hearing in the circuit
21 court, the petitioner shall serve the relevant State's
22 Attorney with a copy of the petition. The State's Attorney
23 may object to the petition and present evidence. At the
24 hearing the court shall determine whether substantial justice
25 has been done. Should the court determine that substantial
26 justice has not been done, the court shall issue an order
27 directing the Department of State Police to issue a Card.
28 Whenever, upon the receipt of such an appeal for a hearing,
29 the Director is satisfied that substantial justice has not
30 been done, he may order a hearing to be held by the
31 Department upon the denial or revocation.
32 (c) Any person prohibited from possessing a firearm
33 under Sections 24-1.1 or 24-3.1 of the Criminal Code of 1961
-7- LRB9201493RCcdam08
1 or acquiring a Firearm Owner's Identification Card under
2 Section 8 of this Act may apply to the Director of the
3 Department of State Police or petition the circuit court in
4 the county where the petitioner resides, whichever is
5 applicable in accordance with subsection (a) of this Section,
6 requesting relief from such prohibition and the Director or
7 court may grant such relief if it is established by the
8 applicant to the court's or Director's satisfaction that:
9 (0.05) when in the circuit court, the State's Attorney
10 has been served with a written copy of the petition at least
11 30 days before any such hearing in the circuit court and at
12 the hearing the State's Attorney was afforded an opportunity
13 to present evidence and object to the petition;
14 (1) the applicant has not been convicted of a forcible
15 felony under the laws of this State or any other jurisdiction
16 within 20 years of the applicant's application for a Firearm
17 Owner's Identification Card, or at least 20 years have passed
18 since the end of any period of imprisonment imposed in
19 relation to that conviction;,
20 (2) the circumstances regarding a criminal conviction,
21 where applicable, the applicant's criminal history and his
22 reputation are such that the applicant will not be likely to
23 act in a manner dangerous to public safety; and
24 (3) granting relief would not be contrary to the public
25 interest.
26 (Source: P.A. 85-920.)
27 (430 ILCS 65/14) (from Ch. 38, par. 83-14)
28 Sec. 14. Sentence.
29 (a) A violation of paragraph (1) of subsection (a) of
30 Section 2, when the person's Firearm Owner's Identification
31 Card is expired but the person is not otherwise disqualified
32 from renewing the card, is a Class A misdemeanor.
33 (b) Except as provided in subsection (a) with respect to
-8- LRB9201493RCcdam08
1 an expired card, a violation of paragraph (1) of subsection
2 (a) of Section 2 is a Class A misdemeanor when the person
3 does not possess a currently valid Firearm Owner's
4 Identification Card, but is otherwise eligible under this
5 Act. A second or subsequent violation is a Class 4 felony.
6 (c) A violation of paragraph (1) of subsection (a) of
7 Section 2 is a Class 3 felony when:
8 (1) the person's Firearm Owner's Identification
9 Card is revoked or subject to revocation under Section 8;
10 or
11 (2) the person's Firearm Owner's Identification
12 Card is expired and not otherwise eligible for renewal
13 under this Act; or
14 (3) the person does not possess a currently valid
15 Firearm Owner's Identification Card, and the person is
16 not otherwise eligible under this Act.
17 (d) A violation of subsection (a) of Section 3 is a
18 Class 4 felony. A third or subsequent conviction is a Class 1
19 felony.
20 (d-5) Any person who knowingly enters false information
21 on an application for a Firearm Owner's Identification Card,
22 who knowingly gives a false answer to any question on the
23 application, or who knowingly submits false evidence in
24 connection with an application is guilty of a Class 2 felony.
25 (e) Any other violation of this Act is a Class A
26 misdemeanor.
27 (Source: P.A. 91-694, eff. 4-13-00.)
28 Section 10. The Code of Criminal Procedure of 1963 is
29 amended by changing Section 110-10 as follows:
30 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
31 Sec. 110-10. Conditions of bail bond.
32 (a) If a person is released prior to conviction, either
-9- LRB9201493RCcdam08
1 upon payment of bail security or on his or her own
2 recognizance, the conditions of the bail bond shall be that
3 he or she will:
4 (1) Appear to answer the charge in the court having
5 jurisdiction on a day certain and thereafter as ordered
6 by the court until discharged or final order of the
7 court;
8 (2) Submit himself or herself to the orders and
9 process of the court;
10 (3) Not depart this State without leave of the
11 court;
12 (4) Not violate any criminal statute of any
13 jurisdiction;
14 (5) At a time and place designated by the court,
15 surrender all firearms in his or her possession to a law
16 enforcement officer designated by the court to take
17 custody of and impound the firearms and physically
18 surrender his or her Firearm Owner's Identification Card
19 to the clerk of the circuit court when the offense the
20 person has been charged with is a forcible felony,
21 stalking, aggravated stalking, domestic battery, any
22 violation of either the Illinois Controlled Substances
23 Act or the Cannabis Control Act that is classified as a
24 Class 2 or greater felony, or any felony violation of
25 Article 24 of the Criminal Code of 1961; the court may,
26 however, forgo the imposition of this condition when the
27 circumstances of the case clearly do not warrant it or
28 when its imposition would be impractical; all legally
29 possessed firearms shall be returned to the person upon
30 that person completing a sentence for a conviction on a
31 misdemeanor domestic battery, upon the charges being
32 dismissed, or if the person is found not guilty, unless
33 the finding of not guilty is by reason of insanity; and
34 (6) At a time and place designated by the court,
-10- LRB9201493RCcdam08
1 submit to a psychological evaluation when the person has
2 been charged with a violation of item (4) of subsection
3 (a) of Section 24-1 of the Criminal Code of 1961 and that
4 violation occurred in a school or in any conveyance
5 owned, leased, or contracted by a school to transport
6 students to or from school or a school-related activity,
7 or on any public way within 1,000 feet of real property
8 comprising any school.
9 Psychological evaluations ordered pursuant to this
10 Section shall be completed promptly and made available to the
11 State, the defendant, and the court. As a further condition
12 of bail under these circumstances, the court shall order the
13 defendant to refrain from entering upon the property of the
14 school, including any conveyance owned, leased, or contracted
15 by a school to transport students to or from school or a
16 school-related activity, or on any public way within 1,000
17 feet of real property comprising any school. Upon receipt of
18 the psychological evaluation, either the State or the
19 defendant may request a change in the conditions of bail,
20 pursuant to Section 110-6 of this Code. The court may change
21 the conditions of bail to include a requirement that the
22 defendant follow the recommendations of the psychological
23 evaluation, including undergoing psychiatric treatment. The
24 conclusions of the psychological evaluation and any
25 statements elicited from the defendant during its
26 administration are not admissible as evidence of guilt during
27 the course of any trial on the charged offense, unless the
28 defendant places his or her mental competency in issue.
29 (b) The court may impose other conditions, such as the
30 following, if the court finds that such conditions are
31 reasonably necessary to assure the defendant's appearance in
32 court, protect the public from the defendant, or prevent the
33 defendant's unlawful interference with the orderly
34 administration of justice:
-11- LRB9201493RCcdam08
1 (1) Report to or appear in person before such
2 person or agency as the court may direct;
3 (2) Refrain from possessing a firearm or other
4 dangerous weapon;
5 (3) Refrain from approaching or communicating with
6 particular persons or classes of persons;
7 (4) Refrain from going to certain described
8 geographical areas or premises;
9 (5) Refrain from engaging in certain activities or
10 indulging in intoxicating liquors or in certain drugs;
11 (6) Undergo treatment for drug addiction or
12 alcoholism;
13 (7) Undergo medical or psychiatric treatment;
14 (8) Work or pursue a course of study or vocational
15 training;
16 (9) Attend or reside in a facility designated by
17 the court;
18 (10) Support his or her dependents;
19 (11) If a minor resides with his or her parents or
20 in a foster home, attend school, attend a non-residential
21 program for youths, and contribute to his or her own
22 support at home or in a foster home;
23 (12) Observe any curfew ordered by the court;
24 (13) Remain in the custody of such designated
25 person or organization agreeing to supervise his release.
26 Such third party custodian shall be responsible for
27 notifying the court if the defendant fails to observe the
28 conditions of release which the custodian has agreed to
29 monitor, and shall be subject to contempt of court for
30 failure so to notify the court;
31 (14) Be placed under direct supervision of the
32 Pretrial Services Agency, Probation Department or Court
33 Services Department in a pretrial bond home supervision
34 capacity with or without the use of an approved
-12- LRB9201493RCcdam08
1 electronic monitoring device subject to Article 8A of
2 Chapter V of the Unified Code of Corrections;
3 (14.1) The court shall impose upon a defendant who
4 is charged with any alcohol, cannabis or controlled
5 substance violation and is placed under direct
6 supervision of the Pretrial Services Agency, Probation
7 Department or Court Services Department in a pretrial
8 bond home supervision capacity with the use of an
9 approved monitoring device, as a condition of such bail
10 bond, a fee that represents costs incidental to the
11 electronic monitoring for each day of such bail
12 supervision ordered by the court, unless after
13 determining the inability of the defendant to pay the
14 fee, the court assesses a lesser fee or no fee as the
15 case may be. The fee shall be collected by the clerk of
16 the circuit court. The clerk of the circuit court shall
17 pay all monies collected from this fee to the county
18 treasurer for deposit in the substance abuse services
19 fund under Section 5-1086.1 of the Counties Code;
20 (14.2) The court shall impose upon all defendants,
21 including those defendants subject to paragraph (14.1)
22 above, placed under direct supervision of the Pretrial
23 Services Agency, Probation Department or Court Services
24 Department in a pretrial bond home supervision capacity
25 with the use of an approved monitoring device, as a
26 condition of such bail bond, a fee which shall represent
27 costs incidental to such electronic monitoring for each
28 day of such bail supervision ordered by the court, unless
29 after determining the inability of the defendant to pay
30 the fee, the court assesses a lesser fee or no fee as the
31 case may be. The fee shall be collected by the clerk of
32 the circuit court. The clerk of the circuit court shall
33 pay all monies collected from this fee to the county
34 treasurer who shall use the monies collected to defray
-13- LRB9201493RCcdam08
1 the costs of corrections. The county treasurer shall
2 deposit the fee collected in the county working cash fund
3 under Section 6-27001 or Section 6-29002 of the Counties
4 Code, as the case may be;
5 (15) Comply with the terms and conditions of an
6 order of protection issued by the court under the
7 Illinois Domestic Violence Act of 1986 or an order of
8 protection issued by the court of another state, tribe,
9 or United States territory;
10 (16) Under Section 110-6.5 comply with the
11 conditions of the drug testing program; and
12 (17) Such other reasonable conditions as the court
13 may impose.
14 (c) When a person is charged with an offense under
15 Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
16 "Criminal Code of 1961", involving a victim who is a minor
17 under 18 years of age living in the same household with the
18 defendant at the time of the offense, in granting bail or
19 releasing the defendant on his own recognizance, the judge
20 shall impose conditions to restrict the defendant's access to
21 the victim which may include, but are not limited to
22 conditions that he will:
23 1. Vacate the Household.
24 2. Make payment of temporary support to his
25 dependents.
26 3. Refrain from contact or communication with the
27 child victim, except as ordered by the court.
28 (d) When a person is charged with a criminal offense and
29 the victim is a family or household member as defined in
30 Article 112A, conditions shall be imposed at the time of the
31 defendant's release on bond that restrict the defendant's
32 access to the victim. Unless provided otherwise by the court,
33 the restrictions shall include requirements that the
34 defendant do the following:
-14- LRB9201493RCcdam08
1 (1) refrain from contact or communication with the
2 victim for a minimum period of 72 hours following the
3 defendant's release; and
4 (2) refrain from entering or remaining at the
5 victim's residence for a minimum period of 72 hours
6 following the defendant's release.
7 (e) Local law enforcement agencies shall develop
8 standardized bond forms for use in cases involving family or
9 household members as defined in Article 112A, including
10 specific conditions of bond as provided in subsection (d).
11 Failure of any law enforcement department to develop or use
12 those forms shall in no way limit the applicability and
13 enforcement of subsections (d) and (f).
14 (f) If the defendant is admitted to bail after
15 conviction the conditions of the bail bond shall be that he
16 will, in addition to the conditions set forth in subsections
17 (a) and (b) hereof:
18 (1) Duly prosecute his appeal;
19 (2) Appear at such time and place as the court may
20 direct;
21 (3) Not depart this State without leave of the
22 court;
23 (4) Comply with such other reasonable conditions as
24 the court may impose; and,
25 (5) If the judgment is affirmed or the cause
26 reversed and remanded for a new trial, forthwith
27 surrender to the officer from whose custody he was
28 bailed.
29 (g) Upon a finding of guilty for any felony offense, the
30 defendant shall physically surrender, at a time and place
31 designated by the court, any and all firearms in his or her
32 possession and his or her Firearm Owner's Identification Card
33 as a condition of remaining on bond pending sentencing.
34 (Source: P.A. 90-399, eff. 1-1-98; 91-11, eff. 6-4-99;
-15- LRB9201493RCcdam08
1 91-312, eff. 1-1-00; 91-696, eff. 4-13-00; 91-903, eff.
2 1-1-01.)
3 Section 15. The Unified Code of Corrections is amended
4 by changing Section 5-6-3 as follows:
5 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
6 Sec. 5-6-3. Conditions of Probation and of Conditional
7 Discharge.
8 (a) The conditions of probation and of conditional
9 discharge shall be that the person:
10 (1) not violate any criminal statute of any
11 jurisdiction;
12 (2) report to or appear in person before such
13 person or agency as directed by the court;
14 (3) refrain from possessing a firearm or other
15 dangerous weapon;
16 (4) not leave the State without the consent of the
17 court or, in circumstances in which the reason for the
18 absence is of such an emergency nature that prior consent
19 by the court is not possible, without the prior
20 notification and approval of the person's probation
21 officer;
22 (5) permit the probation officer to visit him at
23 his home or elsewhere to the extent necessary to
24 discharge his duties;
25 (6) perform no less than 30 hours of community
26 service and not more than 120 hours of community service,
27 if community service is available in the jurisdiction and
28 is funded and approved by the county board where the
29 offense was committed, where the offense was related to
30 or in furtherance of the criminal activities of an
31 organized gang and was motivated by the offender's
32 membership in or allegiance to an organized gang. The
-16- LRB9201493RCcdam08
1 community service shall include, but not be limited to,
2 the cleanup and repair of any damage caused by a
3 violation of Section 21-1.3 of the Criminal Code of 1961
4 and similar damage to property located within the
5 municipality or county in which the violation occurred.
6 When possible and reasonable, the community service
7 should be performed in the offender's neighborhood. For
8 purposes of this Section, "organized gang" has the
9 meaning ascribed to it in Section 10 of the Illinois
10 Streetgang Terrorism Omnibus Prevention Act;
11 (7) if he or she is at least 17 years of age and
12 has been sentenced to probation or conditional discharge
13 for a misdemeanor or felony in a county of 3,000,000 or
14 more inhabitants and has not been previously convicted of
15 a misdemeanor or felony, may be required by the
16 sentencing court to attend educational courses designed
17 to prepare the defendant for a high school diploma and to
18 work toward a high school diploma or to work toward
19 passing the high school level Test of General Educational
20 Development (GED) or to work toward completing a
21 vocational training program approved by the court. The
22 person on probation or conditional discharge must attend
23 a public institution of education to obtain the
24 educational or vocational training required by this
25 clause (7). The court shall revoke the probation or
26 conditional discharge of a person who wilfully fails to
27 comply with this clause (7). The person on probation or
28 conditional discharge shall be required to pay for the
29 cost of the educational courses or GED test, if a fee is
30 charged for those courses or test. The court shall
31 resentence the offender whose probation or conditional
32 discharge has been revoked as provided in Section 5-6-4.
33 This clause (7) does not apply to a person who has a high
34 school diploma or has successfully passed the GED test.
-17- LRB9201493RCcdam08
1 This clause (7) does not apply to a person who is
2 determined by the court to be developmentally disabled or
3 otherwise mentally incapable of completing the
4 educational or vocational program; and
5 (8) if convicted of possession of a substance
6 prohibited by the Cannabis Control Act or Illinois
7 Controlled Substances Act after a previous conviction or
8 disposition of supervision for possession of a substance
9 prohibited by the Cannabis Control Act or Illinois
10 Controlled Substances Act or after a sentence of
11 probation under Section 10 of the Cannabis Control Act or
12 Section 410 of the Illinois Controlled Substances Act and
13 upon a finding by the court that the person is addicted,
14 undergo treatment at a substance abuse program approved
15 by the court; and.
16 (9) if convicted of a felony, physically surrender
17 at a time and place designated by the court, his or her
18 Firearm Owner's Identification Card and any and all
19 firearms in his or her possession.
20 (b) The Court may in addition to other reasonable
21 conditions relating to the nature of the offense or the
22 rehabilitation of the defendant as determined for each
23 defendant in the proper discretion of the Court require that
24 the person:
25 (1) serve a term of periodic imprisonment under
26 Article 7 for a period not to exceed that specified in
27 paragraph (d) of Section 5-7-1;
28 (2) pay a fine and costs;
29 (3) work or pursue a course of study or vocational
30 training;
31 (4) undergo medical, psychological or psychiatric
32 treatment; or treatment for drug addiction or alcoholism;
33 (5) attend or reside in a facility established for
34 the instruction or residence of defendants on probation;
-18- LRB9201493RCcdam08
1 (6) support his dependents;
2 (7) and in addition, if a minor:
3 (i) reside with his parents or in a foster
4 home;
5 (ii) attend school;
6 (iii) attend a non-residential program for
7 youth;
8 (iv) contribute to his own support at home or
9 in a foster home;
10 (8) make restitution as provided in Section 5-5-6
11 of this Code;
12 (9) perform some reasonable public or community
13 service;
14 (10) serve a term of home confinement. In addition
15 to any other applicable condition of probation or
16 conditional discharge, the conditions of home confinement
17 shall be that the offender:
18 (i) remain within the interior premises of the
19 place designated for his confinement during the
20 hours designated by the court;
21 (ii) admit any person or agent designated by
22 the court into the offender's place of confinement
23 at any time for purposes of verifying the offender's
24 compliance with the conditions of his confinement;
25 and
26 (iii) if further deemed necessary by the court
27 or the Probation or Court Services Department, be
28 placed on an approved electronic monitoring device,
29 subject to Article 8A of Chapter V;
30 (iv) for persons convicted of any alcohol,
31 cannabis or controlled substance violation who are
32 placed on an approved monitoring device as a
33 condition of probation or conditional discharge, the
34 court shall impose a reasonable fee for each day of
-19- LRB9201493RCcdam08
1 the use of the device, as established by the county
2 board in subsection (g) of this Section, unless
3 after determining the inability of the offender to
4 pay the fee, the court assesses a lesser fee or no
5 fee as the case may be. This fee shall be imposed in
6 addition to the fees imposed under subsections (g)
7 and (i) of this Section. The fee shall be collected
8 by the clerk of the circuit court. The clerk of the
9 circuit court shall pay all monies collected from
10 this fee to the county treasurer for deposit in the
11 substance abuse services fund under Section 5-1086.1
12 of the Counties Code; and
13 (v) for persons convicted of offenses other
14 than those referenced in clause (iv) above and who
15 are placed on an approved monitoring device as a
16 condition of probation or conditional discharge, the
17 court shall impose a reasonable fee for each day of
18 the use of the device, as established by the county
19 board in subsection (g) of this Section, unless
20 after determining the inability of the defendant to
21 pay the fee, the court assesses a lesser fee or no
22 fee as the case may be. This fee shall be imposed
23 in addition to the fees imposed under subsections
24 (g) and (i) of this Section. The fee shall be
25 collected by the clerk of the circuit court. The
26 clerk of the circuit court shall pay all monies
27 collected from this fee to the county treasurer who
28 shall use the monies collected to defray the costs
29 of corrections. The county treasurer shall deposit
30 the fee collected in the county working cash fund
31 under Section 6-27001 or Section 6-29002 of the
32 Counties Code, as the case may be.
33 (11) comply with the terms and conditions of an
34 order of protection issued by the court pursuant to the
-20- LRB9201493RCcdam08
1 Illinois Domestic Violence Act of 1986, as now or
2 hereafter amended, or an order of protection issued by
3 the court of another state, tribe, or United States
4 territory. A copy of the order of protection shall be
5 transmitted to the probation officer or agency having
6 responsibility for the case;
7 (12) reimburse any "local anti-crime program" as
8 defined in Section 7 of the Anti-Crime Advisory Council
9 Act for any reasonable expenses incurred by the program
10 on the offender's case, not to exceed the maximum amount
11 of the fine authorized for the offense for which the
12 defendant was sentenced;
13 (13) contribute a reasonable sum of money, not to
14 exceed the maximum amount of the fine authorized for the
15 offense for which the defendant was sentenced, to a
16 "local anti-crime program", as defined in Section 7 of
17 the Anti-Crime Advisory Council Act;
18 (14) refrain from entering into a designated
19 geographic area except upon such terms as the court finds
20 appropriate. Such terms may include consideration of the
21 purpose of the entry, the time of day, other persons
22 accompanying the defendant, and advance approval by a
23 probation officer, if the defendant has been placed on
24 probation or advance approval by the court, if the
25 defendant was placed on conditional discharge;
26 (15) refrain from having any contact, directly or
27 indirectly, with certain specified persons or particular
28 types of persons, including but not limited to members of
29 street gangs and drug users or dealers;
30 (16) refrain from having in his or her body the
31 presence of any illicit drug prohibited by the Cannabis
32 Control Act or the Illinois Controlled Substances Act,
33 unless prescribed by a physician, and submit samples of
34 his or her blood or urine or both for tests to determine
-21- LRB9201493RCcdam08
1 the presence of any illicit drug.
2 (c) The court may as a condition of probation or of
3 conditional discharge require that a person under 18 years of
4 age found guilty of any alcohol, cannabis or controlled
5 substance violation, refrain from acquiring a driver's
6 license during the period of probation or conditional
7 discharge. If such person is in possession of a permit or
8 license, the court may require that the minor refrain from
9 driving or operating any motor vehicle during the period of
10 probation or conditional discharge, except as may be
11 necessary in the course of the minor's lawful employment.
12 (d) An offender sentenced to probation or to conditional
13 discharge shall be given a certificate setting forth the
14 conditions thereof.
15 (e) The court shall not require as a condition of the
16 sentence of probation or conditional discharge that the
17 offender be committed to a period of imprisonment in excess
18 of 6 months. This 6 month limit shall not include periods of
19 confinement given pursuant to a sentence of county impact
20 incarceration under Section 5-8-1.2.
21 Persons committed to imprisonment as a condition of
22 probation or conditional discharge shall not be committed to
23 the Department of Corrections.
24 (f) The court may combine a sentence of periodic
25 imprisonment under Article 7 or a sentence to a county impact
26 incarceration program under Article 8 with a sentence of
27 probation or conditional discharge.
28 (g) An offender sentenced to probation or to conditional
29 discharge and who during the term of either undergoes
30 mandatory drug or alcohol testing, or both, or is assigned to
31 be placed on an approved electronic monitoring device, shall
32 be ordered to pay all costs incidental to such mandatory drug
33 or alcohol testing, or both, and all costs incidental to such
34 approved electronic monitoring in accordance with the
-22- LRB9201493RCcdam08
1 defendant's ability to pay those costs. The county board
2 with the concurrence of the Chief Judge of the judicial
3 circuit in which the county is located shall establish
4 reasonable fees for the cost of maintenance, testing, and
5 incidental expenses related to the mandatory drug or alcohol
6 testing, or both, and all costs incidental to approved
7 electronic monitoring, involved in a successful probation
8 program for the county. The concurrence of the Chief Judge
9 shall be in the form of an administrative order. The fees
10 shall be collected by the clerk of the circuit court. The
11 clerk of the circuit court shall pay all moneys collected
12 from these fees to the county treasurer who shall use the
13 moneys collected to defray the costs of drug testing, alcohol
14 testing, and electronic monitoring. The county treasurer
15 shall deposit the fees collected in the county working cash
16 fund under Section 6-27001 or Section 6-29002 of the Counties
17 Code, as the case may be.
18 (h) Jurisdiction over an offender may be transferred
19 from the sentencing court to the court of another circuit
20 with the concurrence of both courts, or to another state
21 under an Interstate Probation Reciprocal Agreement as
22 provided in Section 3-3-11. Further transfers or retransfers
23 of jurisdiction are also authorized in the same manner. The
24 court to which jurisdiction has been transferred shall have
25 the same powers as the sentencing court.
26 (i) The court shall impose upon an offender sentenced to
27 probation after January 1, 1989 or to conditional discharge
28 after January 1, 1992, as a condition of such probation or
29 conditional discharge, a fee of $25 for each month of
30 probation or conditional discharge supervision ordered by the
31 court, unless after determining the inability of the person
32 sentenced to probation or conditional discharge to pay the
33 fee, the court assesses a lesser fee. The court may not
34 impose the fee on a minor who is made a ward of the State
-23- LRB9201493RCcdam08
1 under the Juvenile Court Act of 1987 while the minor is in
2 placement. The fee shall be imposed only upon an offender who
3 is actively supervised by the probation and court services
4 department. The fee shall be collected by the clerk of the
5 circuit court. The clerk of the circuit court shall pay all
6 monies collected from this fee to the county treasurer for
7 deposit in the probation and court services fund under
8 Section 15.1 of the Probation and Probation Officers Act.
9 (j) All fines and costs imposed under this Section for
10 any violation of Chapters 3, 4, 6, and 11 of the Illinois
11 Vehicle Code, or a similar provision of a local ordinance,
12 and any violation of the Child Passenger Protection Act, or a
13 similar provision of a local ordinance, shall be collected
14 and disbursed by the circuit clerk as provided under Section
15 27.5 of the Clerks of Courts Act.
16 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
17 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 91-325, eff.
18 7-29-99; 91-696, eff. 4-13-00; 91-903, eff. 1-1-01.)
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.".