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92_SB1333
LRB9207699RCcdA
1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 changing Section 24-1 as follows:
6 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
7 Sec. 24-1. Unlawful Use of Weapons.
8 (a) A person commits the offense of unlawful use of
9 weapons when he knowingly:
10 (1) Sells, manufactures, purchases, possesses or
11 carries any bludgeon, black-jack, slung-shot, sand-club,
12 sand-bag, metal knuckles, throwing star, or any knife,
13 commonly referred to as a switchblade knife, which has a
14 blade that opens automatically by hand pressure applied
15 to a button, spring or other device in the handle of the
16 knife, or a ballistic knife, which is a device that
17 propels a knifelike blade as a projectile by means of a
18 coil spring, elastic material or compressed gas; or
19 (2) Carries or possesses with intent to use the
20 same unlawfully against another, a dagger, dirk, billy,
21 dangerous knife, razor, stiletto, broken bottle or other
22 piece of glass, stun gun or taser or any other dangerous
23 or deadly weapon or instrument of like character; or
24 (3) Carries on or about his person or in any
25 vehicle, a tear gas gun projector or bomb or any object
26 containing noxious liquid gas or substance, other than an
27 object containing a non-lethal noxious liquid gas or
28 substance designed solely for personal defense carried by
29 a person 18 years of age or older; or
30 (4) Carries or possesses in any vehicle or
31 concealed on or about his person except when on his land
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1 or in his own abode or fixed place of business any
2 pistol, revolver, stun gun or taser or other firearm,
3 except that this subsection (a) (4) does not apply to or
4 affect transportation of weapons that meet one of the
5 following conditions:
6 (i) are broken down in a non-functioning
7 state; or
8 (ii) are not immediately accessible; or
9 (iii) are unloaded and enclosed in a case,
10 firearm carrying box, shipping box, or other
11 container by a person who has been issued a
12 currently valid Firearm Owner's Identification Card;
13 or
14 (5) Sets a spring gun; or
15 (6) Possesses any device or attachment of any kind
16 designed, used or intended for use in silencing the
17 report of any firearm; or
18 (7) Sells, manufactures, purchases, possesses or
19 carries:
20 (i) a machine gun, which shall be defined for
21 the purposes of this subsection as any weapon, which
22 shoots, is designed to shoot, or can be readily
23 restored to shoot, automatically more than one shot
24 without manually reloading by a single function of
25 the trigger, including the frame or receiver of any
26 such weapon, or sells, manufactures, purchases,
27 possesses, or carries any combination of parts
28 designed or intended for use in converting any
29 weapon into a machine gun, or any combination or
30 parts from which a machine gun can be assembled if
31 such parts are in the possession or under the
32 control of a person;
33 (ii) any rifle having one or more barrels less
34 than 16 inches in length or a shotgun having one or
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1 more barrels less than 18 inches in length or any
2 weapon made from a rifle or shotgun, whether by
3 alteration, modification, or otherwise, if such a
4 weapon as modified has an overall length of less
5 than 26 inches; or
6 (iii) any bomb, bomb-shell, grenade, bottle or
7 other container containing an explosive substance of
8 over one-quarter ounce for like purposes, such as,
9 but not limited to, black powder bombs and Molotov
10 cocktails or artillery projectiles; or
11 (8) Carries or possesses any firearm, stun gun or
12 taser or other deadly weapon in any place which is
13 licensed to sell intoxicating beverages, or at any public
14 gathering held pursuant to a license issued by any
15 governmental body or any public gathering at which an
16 admission is charged, excluding a place where a showing,
17 demonstration or lecture involving the exhibition of
18 unloaded firearms is conducted.
19 This subsection (a)(8) does not apply to any auction
20 or raffle of a firearm held pursuant to a license or
21 permit issued by a governmental body, nor does it apply
22 to persons engaged in firearm safety training courses; or
23 (9) Carries or possesses in a vehicle or on or
24 about his person any pistol, revolver, stun gun or taser
25 or firearm or ballistic knife, when he is hooded, robed
26 or masked in such manner as to conceal his identity; or
27 (10) Carries or possesses on or about his person,
28 upon any public street, alley, or other public lands
29 within the corporate limits of a city, village or
30 incorporated town, except when an invitee thereon or
31 therein, for the purpose of the display of such weapon or
32 the lawful commerce in weapons, or except when on his
33 land or in his own abode or fixed place of business, any
34 pistol, revolver, stun gun or taser or other firearm,
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1 except that this subsection (a) (10) does not apply to or
2 affect transportation of weapons that meet one of the
3 following conditions:
4 (i) are broken down in a non-functioning
5 state; or
6 (ii) are not immediately accessible; or
7 (iii) are unloaded and enclosed in a case,
8 firearm carrying box, shipping box, or other
9 container by a person who has been issued a
10 currently valid Firearm Owner's Identification Card.
11 A "stun gun or taser", as used in this paragraph (a)
12 means (i) any device which is powered by electrical
13 charging units, such as, batteries, and which fires one
14 or several barbs attached to a length of wire and which,
15 upon hitting a human, can send out a current capable of
16 disrupting the person's nervous system in such a manner
17 as to render him incapable of normal functioning or (ii)
18 any device which is powered by electrical charging units,
19 such as batteries, and which, upon contact with a human
20 or clothing worn by a human, can send out current capable
21 of disrupting the person's nervous system in such a
22 manner as to render him incapable of normal functioning;
23 or
24 (11) Sells, manufactures or purchases any explosive
25 bullet. For purposes of this paragraph (a) "explosive
26 bullet" means the projectile portion of an ammunition
27 cartridge which contains or carries an explosive charge
28 which will explode upon contact with the flesh of a human
29 or an animal. "Cartridge" means a tubular metal case
30 having a projectile affixed at the front thereof and a
31 cap or primer at the rear end thereof, with the
32 propellant contained in such tube between the projectile
33 and the cap; or
34 (12) (Blank).
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1 (b) Sentence. A person convicted of a violation of
2 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), or
3 subsection 24-1(a)(11) commits a Class A misdemeanor. A
4 person convicted of a violation of subsection 24-1(a)(8) or
5 24-1(a)(9) commits a Class 4 felony; a person convicted of a
6 violation of subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii)
7 commits a Class 3 felony. A person convicted of a violation
8 of subsection 24-1(a)(7)(i) commits a Class 2 felony, unless
9 the weapon is possessed in the passenger compartment of a
10 motor vehicle as defined in Section 1-146 of the Illinois
11 Vehicle Code, or on the person, while the weapon is loaded,
12 in which case it shall be a Class X felony. A person
13 convicted of a second or subsequent violation of subsection
14 24-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a
15 Class 3 felony.
16 (c) Violations in specific places.
17 (1) A person who violates subsection 24-1(a)(6) or
18 24-1(a)(7) in any school, regardless of the time of day
19 or the time of year, in residential property owned,
20 operated or managed by a public housing agency or leased
21 by a public housing agency as part of a scattered site or
22 mixed-income development, in a public park, in a
23 courthouse, on the real property comprising any school,
24 regardless of the time of day or the time of year, on
25 residential property owned, operated or managed by a
26 public housing agency or leased by a public housing
27 agency as part of a scattered site or mixed-income
28 development, on the real property comprising any public
29 park, on the real property comprising any courthouse, in
30 any conveyance owned, leased or contracted by a school to
31 transport students to or from school or a school related
32 activity, or on any public way within 1,000 feet of the
33 real property comprising any school, public park,
34 courthouse, or residential property owned, operated, or
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1 managed by a public housing agency or leased by a public
2 housing agency as part of a scattered site or
3 mixed-income development commits a Class 2 felony. A
4 violation of this paragraph (1) of this subsection (c) by
5 a person who was on probation, conditional discharge, or
6 periodic imprisonment for a felony or by a person who was
7 on probation, conditional discharge, periodic
8 imprisonment, or supervision for a misdemeanor offense
9 under subsection (a) is a Class 1 felony.
10 (1.5) A person who violates subsection 24-1(a)(4),
11 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
12 the time of day or the time of year, in residential
13 property owned, operated, or managed by a public housing
14 agency or leased by a public housing agency as part of a
15 scattered site or mixed-income development, in a public
16 park, in a courthouse, on the real property comprising
17 any school, regardless of the time of day or the time of
18 year, on residential property owned, operated, or managed
19 by a public housing agency or leased by a public housing
20 agency as part of a scattered site or mixed-income
21 development, on the real property comprising any public
22 park, on the real property comprising any courthouse, in
23 any conveyance owned, leased, or contracted by a school
24 to transport students to or from school or a school
25 related activity, or on any public way within 1,000 feet
26 of the real property comprising any school, public park,
27 courthouse, or residential property owned, operated, or
28 managed by a public housing agency or leased by a public
29 housing agency as part of a scattered site or
30 mixed-income development commits a Class 3 felony. A
31 violation of this paragraph (1.5) of this subsection (c)
32 by a person who was on probation, conditional discharge,
33 or periodic imprisonment for a felony or by a person who
34 was on probation, conditional discharge, periodic
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1 imprisonment, or supervision for a misdemeanor offense
2 under subsection (a) is a Class 2 felony.
3 (2) A person who violates subsection 24-1(a)(1),
4 24-1(a)(2), or 24-1(a)(3) in any school, regardless of
5 the time of day or the time of year, in residential
6 property owned, operated or managed by a public housing
7 agency or leased by a public housing agency as part of a
8 scattered site or mixed-income development, in a public
9 park, in a courthouse, on the real property comprising
10 any school, regardless of the time of day or the time of
11 year, on residential property owned, operated or managed
12 by a public housing agency or leased by a public housing
13 agency as part of a scattered site or mixed-income
14 development, on the real property comprising any public
15 park, on the real property comprising any courthouse, in
16 any conveyance owned, leased or contracted by a school to
17 transport students to or from school or a school related
18 activity, or on any public way within 1,000 feet of the
19 real property comprising any school, public park,
20 courthouse, or residential property owned, operated, or
21 managed by a public housing agency or leased by a public
22 housing agency as part of a scattered site or
23 mixed-income development commits a Class 4 felony. A
24 violation of this paragraph (2) of this subsection (c) by
25 a person who was on probation, conditional discharge, or
26 periodic imprisonment for a felony or by a person who was
27 on probation, conditional discharge, periodic
28 imprisonment, or supervision for a misdemeanor offense
29 under subsection (a) is a Class 3 felony. "Courthouse"
30 means any building that is used by the Circuit,
31 Appellate, or Supreme Court of this State for the conduct
32 of official business.
33 (3) Paragraphs (1), (1.5), and (2) of this
34 subsection (c) shall not apply to law enforcement
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1 officers or security officers of such school, college, or
2 university or to students carrying or possessing firearms
3 for use in training courses, parades, hunting, target
4 shooting on school ranges, or otherwise with the consent
5 of school authorities and which firearms are transported
6 unloaded enclosed in a suitable case, box, or
7 transportation package.
8 (4) For the purposes of this subsection (c),
9 "school" means any public or private elementary or
10 secondary school, community college, college, or
11 university.
12 (d) The presence in an automobile other than a public
13 omnibus of any weapon, instrument or substance referred to in
14 subsection (a)(7) is prima facie evidence that it is in the
15 possession of, and is being carried by, all persons occupying
16 such automobile at the time such weapon, instrument or
17 substance is found, except under the following circumstances:
18 (i) if such weapon, instrument or instrumentality is found
19 upon the person of one of the occupants therein; or (ii) if
20 such weapon, instrument or substance is found in an
21 automobile operated for hire by a duly licensed driver in the
22 due, lawful and proper pursuit of his trade, then such
23 presumption shall not apply to the driver.
24 (e) Exemptions. Crossbows, Common or Compound bows and
25 Underwater Spearguns are exempted from the definition of
26 ballistic knife as defined in paragraph (1) of subsection (a)
27 of this Section.
28 (Source: P.A. 90-686, eff. 1-1-99; 91-673, eff. 12-22-99;
29 91-690, eff. 4-13-00.)
30 Section 10. The Unified Code of Corrections is amended
31 by changing Sections 5-3-1, 5-3.2, 5-5-3, 5-6-3, and 5-6-4 as
32 follows:
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1 (730 ILCS 5/5-3-1) (from Ch. 38, par. 1005-3-1)
2 Sec. 5-3-1. Presentence Investigation. A defendant shall
3 not be sentenced for a felony before a written presentence
4 report of investigation is presented to and considered by the
5 court.
6 However, the court need not order a presentence report of
7 investigation where both parties agree to the imposition of a
8 specific sentence, provided there is a finding made for the
9 record as to the defendant's history of delinquency or
10 criminality, including any previous sentence to a term of
11 probation, periodic imprisonment, conditional discharge, or
12 imprisonment.
13 The court may order a presentence investigation of any
14 defendant.
15 (Source: P.A. 80-1099.)
16 (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
17 Sec. 5-3-2. Presentence Report.
18 (a) In felony cases, the presentence report shall set
19 forth:
20 (1) the defendant's history of delinquency or
21 criminality, physical and mental history and condition,
22 family situation and background, economic status,
23 education, occupation and personal habits;
24 (2) information about special resources within the
25 community which might be available to assist the
26 defendant's rehabilitation, including treatment centers,
27 residential facilities, vocational training services,
28 correctional manpower programs, employment opportunities,
29 special educational programs, alcohol and drug abuse
30 programming, psychiatric and marriage counseling, and
31 other programs and facilities which could aid the
32 defendant's successful reintegration into society;
33 (3) the effect the offense committed has had upon
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1 the victim or victims thereof, and any compensatory
2 benefit that various sentencing alternatives would confer
3 on such victim or victims;
4 (4) information concerning the defendant's status
5 since arrest, including his record if released on his own
6 recognizance, or the defendant's achievement record if
7 released on a conditional pre-trial supervision program;
8 (5) when appropriate, a plan, based upon the
9 personal, economic and social adjustment needs of the
10 defendant, utilizing public and private community
11 resources as an alternative to institutional sentencing;
12 (6) any other matters that the investigatory
13 officer deems relevant or the court directs to be
14 included; and
15 (7) information concerning defendant's eligibility
16 for a sentence to a county impact incarceration program
17 under Section 5-8-1.2 of this Code; and.
18 (8) whether the defendant has a Firearm Owner's
19 Identification Card and whether the defendant possesses
20 any firearms or other dangerous weapons, including
21 information obtained from State and federal law
22 enforcement agencies possessing records relating to the
23 sale or transfer of weapons to the defendant.
24 (b) The investigation shall include a physical and
25 mental examination of the defendant when so ordered by the
26 court. If the court determines that such an examination
27 should be made, it shall issue an order that the defendant
28 submit to examination at such time and place as designated by
29 the court and that such examination be conducted by a
30 physician, psychologist or psychiatrist designated by the
31 court. Such an examination may be conducted in a court
32 clinic if so ordered by the court. The cost of such
33 examination shall be paid by the county in which the trial is
34 held.
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1 (c) In misdemeanor, business offense or petty offense
2 cases, except as specified in subsection (d) of this Section,
3 when a presentence report has been ordered by the court, such
4 presentence report shall contain information on the
5 defendant's history of delinquency or criminality and shall
6 further contain only those matters listed in any of
7 paragraphs (1) through (6) of subsection (a) or in subsection
8 (b) of this Section as are specified by the court in its
9 order for the report.
10 (d) In cases under Section 12-15 and Section 12-30 of
11 the Criminal Code of 1961, as amended, the presentence report
12 shall set forth information about alcohol, drug abuse,
13 psychiatric, and marriage counseling or other treatment
14 programs and facilities, information on the defendant's
15 history of delinquency or criminality, and shall contain
16 those additional matters listed in any of paragraphs (1)
17 through (6) of subsection (a) or in subsection (b) of this
18 Section as are specified by the court.
19 (e) Nothing in this Section shall cause the defendant to
20 be held without bail or to have his bail revoked for the
21 purpose of preparing the presentence report or making an
22 examination.
23 (f) The Court shall question the defendant as to whether
24 information provided by the defendant to the court in the
25 presentence report is truthful. The failure of the defendant
26 to provide truthful information regarding his or her Firearm
27 Owner's Identification Card or whether the defendant has a
28 firearm in his or her possession is a Class 3 felony.
29 (Source: P.A. 89-587, eff. 7-31-96.)
30 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
31 Sec. 5-5-3. Disposition.
32 (a) Every person convicted of an offense shall be
33 sentenced as provided in this Section.
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1 (b) The following options shall be appropriate
2 dispositions, alone or in combination, for all felonies and
3 misdemeanors other than those identified in subsection (c) of
4 this Section:
5 (1) A period of probation.
6 (2) A term of periodic imprisonment.
7 (3) A term of conditional discharge.
8 (4) A term of imprisonment.
9 (5) An order directing the offender to clean up and
10 repair the damage, if the offender was convicted under
11 paragraph (h) of Section 21-1 of the Criminal Code of
12 1961.
13 (6) A fine.
14 (7) An order directing the offender to make
15 restitution to the victim under Section 5-5-6 of this
16 Code.
17 (8) A sentence of participation in a county impact
18 incarceration program under Section 5-8-1.2 of this Code.
19 Whenever an individual is sentenced for an offense based
20 upon an arrest for a violation of Section 11-501 of the
21 Illinois Vehicle Code, or a similar provision of a local
22 ordinance, and the professional evaluation recommends
23 remedial or rehabilitative treatment or education, neither
24 the treatment nor the education shall be the sole disposition
25 and either or both may be imposed only in conjunction with
26 another disposition. The court shall monitor compliance with
27 any remedial education or treatment recommendations contained
28 in the professional evaluation. Programs conducting alcohol
29 or other drug evaluation or remedial education must be
30 licensed by the Department of Human Services. However, if
31 the individual is not a resident of Illinois, the court may
32 accept an alcohol or other drug evaluation or remedial
33 education program in the state of such individual's
34 residence. Programs providing treatment must be licensed
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1 under existing applicable alcoholism and drug treatment
2 licensure standards.
3 In addition to any other fine or penalty required by law,
4 any individual convicted of a violation of Section 11-501 of
5 the Illinois Vehicle Code or a similar provision of local
6 ordinance, whose operation of a motor vehicle while in
7 violation of Section 11-501 or such ordinance proximately
8 caused an incident resulting in an appropriate emergency
9 response, shall be required to make restitution to a public
10 agency for the costs of that emergency response. Such
11 restitution shall not exceed $500 per public agency for each
12 such emergency response. For the purpose of this paragraph,
13 emergency response shall mean any incident requiring a
14 response by: a police officer as defined under Section 1-162
15 of the Illinois Vehicle Code; a fireman carried on the rolls
16 of a regularly constituted fire department; and an ambulance
17 as defined under Section 4.05 of the Emergency Medical
18 Services (EMS) Systems Act.
19 Neither a fine nor restitution shall be the sole
20 disposition for a felony and either or both may be imposed
21 only in conjunction with another disposition.
22 (c) (1) When a defendant is found guilty of first degree
23 murder the State may either seek a sentence of
24 imprisonment under Section 5-8-1 of this Code, or where
25 appropriate seek a sentence of death under Section 9-1 of
26 the Criminal Code of 1961.
27 (2) A period of probation, a term of periodic
28 imprisonment or conditional discharge shall not be
29 imposed for the following offenses. The court shall
30 sentence the offender to not less than the minimum term
31 of imprisonment set forth in this Code for the following
32 offenses, and may order a fine or restitution or both in
33 conjunction with such term of imprisonment:
34 (A) First degree murder where the death
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1 penalty is not imposed.
2 (B) Attempted first degree murder.
3 (C) A Class X felony.
4 (D) A violation of Section 401.1 or 407 of the
5 Illinois Controlled Substances Act, or a violation
6 of subdivision (c)(2) of Section 401 of that Act
7 which relates to more than 5 grams of a substance
8 containing cocaine or an analog thereof.
9 (E) A violation of Section 5.1 or 9 of the
10 Cannabis Control Act.
11 (F) A Class 2 or greater felony if the
12 offender had been convicted of a Class 2 or greater
13 felony within 10 years of the date on which the
14 offender committed the offense for which he or she
15 is being sentenced, except as otherwise provided in
16 Section 40-10 of the Alcoholism and Other Drug Abuse
17 and Dependency Act.
18 (G) Residential burglary, except as otherwise
19 provided in Section 40-10 of the Alcoholism and
20 Other Drug Abuse and Dependency Act.
21 (H) Criminal sexual assault, except as
22 otherwise provided in subsection (e) of this
23 Section.
24 (I) Aggravated battery of a senior citizen.
25 (J) A forcible felony if the offense was
26 related to the activities of an organized gang.
27 Before July 1, 1994, for the purposes of this
28 paragraph, "organized gang" means an association of
29 5 or more persons, with an established hierarchy,
30 that encourages members of the association to
31 perpetrate crimes or provides support to the members
32 of the association who do commit crimes.
33 Beginning July 1, 1994, for the purposes of
34 this paragraph, "organized gang" has the meaning
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1 ascribed to it in Section 10 of the Illinois
2 Streetgang Terrorism Omnibus Prevention Act.
3 (K) Vehicular hijacking.
4 (L) A second or subsequent conviction for the
5 offense of hate crime when the underlying offense
6 upon which the hate crime is based is felony
7 aggravated assault or felony mob action.
8 (M) A second or subsequent conviction for the
9 offense of institutional vandalism if the damage to
10 the property exceeds $300.
11 (N) A Class 3 felony violation of paragraph
12 (1) of subsection (a) of Section 2 of the Firearm
13 Owners Identification Card Act.
14 (O) A violation of Section 12-6.1 of the
15 Criminal Code of 1961.
16 (P) A violation of paragraph (1), (2), (3),
17 (4), (5), or (7) of subsection (a) of Section
18 11-20.1 of the Criminal Code of 1961.
19 (Q) A violation of Section 20-1.2 of the
20 Criminal Code of 1961.
21 (R) A violation of Section 24-3A of the
22 Criminal Code of 1961.
23 (3) A minimum term of imprisonment of not less than
24 48 consecutive hours or 100 hours of community service as
25 may be determined by the court shall be imposed for a
26 second or subsequent violation committed within 5 years
27 of a previous violation of Section 11-501 of the Illinois
28 Vehicle Code or a similar provision of a local ordinance.
29 (4) A minimum term of imprisonment of not less than
30 7 consecutive days or 30 days of community service shall
31 be imposed for a violation of paragraph (c) of Section
32 6-303 of the Illinois Vehicle Code.
33 (4.1) A minimum term of 30 consecutive days of
34 imprisonment, 40 days of 24 hour periodic imprisonment or
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1 720 hours of community service, as may be determined by
2 the court, shall be imposed for a violation of Section
3 11-501 of the Illinois Vehicle Code during a period in
4 which the defendant's driving privileges are revoked or
5 suspended, where the revocation or suspension was for a
6 violation of Section 11-501 or Section 11-501.1 of that
7 Code.
8 (5) The court may sentence an offender convicted of
9 a business offense or a petty offense or a corporation or
10 unincorporated association convicted of any offense to:
11 (A) a period of conditional discharge;
12 (B) a fine;
13 (C) make restitution to the victim under
14 Section 5-5-6 of this Code.
15 (6) In no case shall an offender be eligible for a
16 disposition of probation or conditional discharge for a
17 Class 1 felony committed while he was serving a term of
18 probation or conditional discharge for a felony.
19 (7) When a defendant is adjudged a habitual
20 criminal under Article 33B of the Criminal Code of 1961,
21 the court shall sentence the defendant to a term of
22 natural life imprisonment.
23 (8) When a defendant, over the age of 21 years, is
24 convicted of a Class 1 or Class 2 felony, after having
25 twice been convicted of any Class 2 or greater Class
26 felonies in Illinois, and such charges are separately
27 brought and tried and arise out of different series of
28 acts, such defendant shall be sentenced as a Class X
29 offender. This paragraph shall not apply unless (1) the
30 first felony was committed after the effective date of
31 this amendatory Act of 1977; and (2) the second felony
32 was committed after conviction on the first; and (3) the
33 third felony was committed after conviction on the
34 second.
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1 (9) A defendant convicted of a second or subsequent
2 offense of ritualized abuse of a child may be sentenced
3 to a term of natural life imprisonment.
4 (d) In any case in which a sentence originally imposed
5 is vacated, the case shall be remanded to the trial court.
6 The trial court shall hold a hearing under Section 5-4-1 of
7 the Unified Code of Corrections which may include evidence of
8 the defendant's life, moral character and occupation during
9 the time since the original sentence was passed. The trial
10 court shall then impose sentence upon the defendant. The
11 trial court may impose any sentence which could have been
12 imposed at the original trial subject to Section 5-5-4 of the
13 Unified Code of Corrections.
14 (e) In cases where prosecution for criminal sexual
15 assault or aggravated criminal sexual abuse under Section
16 12-13 or 12-16 of the Criminal Code of 1961 results in
17 conviction of a defendant who was a family member of the
18 victim at the time of the commission of the offense, the
19 court shall consider the safety and welfare of the victim and
20 may impose a sentence of probation only where:
21 (1) the court finds (A) or (B) or both are
22 appropriate:
23 (A) the defendant is willing to undergo a
24 court approved counseling program for a minimum
25 duration of 2 years; or
26 (B) the defendant is willing to participate in
27 a court approved plan including but not limited to
28 the defendant's:
29 (i) removal from the household;
30 (ii) restricted contact with the victim;
31 (iii) continued financial support of the
32 family;
33 (iv) restitution for harm done to the
34 victim; and
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1 (v) compliance with any other measures
2 that the court may deem appropriate; and
3 (2) the court orders the defendant to pay for the
4 victim's counseling services, to the extent that the
5 court finds, after considering the defendant's income and
6 assets, that the defendant is financially capable of
7 paying for such services, if the victim was under 18
8 years of age at the time the offense was committed and
9 requires counseling as a result of the offense.
10 Probation may be revoked or modified pursuant to Section
11 5-6-4; except where the court determines at the hearing that
12 the defendant violated a condition of his or her probation
13 restricting contact with the victim or other family members
14 or commits another offense with the victim or other family
15 members, the court shall revoke the defendant's probation and
16 impose a term of imprisonment.
17 For the purposes of this Section, "family member" and
18 "victim" shall have the meanings ascribed to them in Section
19 12-12 of the Criminal Code of 1961.
20 (f) This Article shall not deprive a court in other
21 proceedings to order a forfeiture of property, to suspend or
22 cancel a license, to remove a person from office, or to
23 impose any other civil penalty.
24 (g) Whenever a defendant is convicted of an offense
25 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
26 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
27 12-15 or 12-16 of the Criminal Code of 1961, the defendant
28 shall undergo medical testing to determine whether the
29 defendant has any sexually transmissible disease, including a
30 test for infection with human immunodeficiency virus (HIV) or
31 any other identified causative agent of acquired
32 immunodeficiency syndrome (AIDS). Any such medical test
33 shall be performed only by appropriately licensed medical
34 practitioners and may include an analysis of any bodily
-19- LRB9207699RCcdA
1 fluids as well as an examination of the defendant's person.
2 Except as otherwise provided by law, the results of such test
3 shall be kept strictly confidential by all medical personnel
4 involved in the testing and must be personally delivered in a
5 sealed envelope to the judge of the court in which the
6 conviction was entered for the judge's inspection in camera.
7 Acting in accordance with the best interests of the victim
8 and the public, the judge shall have the discretion to
9 determine to whom, if anyone, the results of the testing may
10 be revealed. The court shall notify the defendant of the test
11 results. The court shall also notify the victim if requested
12 by the victim, and if the victim is under the age of 15 and
13 if requested by the victim's parents or legal guardian, the
14 court shall notify the victim's parents or legal guardian of
15 the test results. The court shall provide information on the
16 availability of HIV testing and counseling at Department of
17 Public Health facilities to all parties to whom the results
18 of the testing are revealed and shall direct the State's
19 Attorney to provide the information to the victim when
20 possible. A State's Attorney may petition the court to obtain
21 the results of any HIV test administered under this Section,
22 and the court shall grant the disclosure if the State's
23 Attorney shows it is relevant in order to prosecute a charge
24 of criminal transmission of HIV under Section 12-16.2 of the
25 Criminal Code of 1961 against the defendant. The court shall
26 order that the cost of any such test shall be paid by the
27 county and may be taxed as costs against the convicted
28 defendant.
29 (g-5) When an inmate is tested for an airborne
30 communicable disease, as determined by the Illinois
31 Department of Public Health including but not limited to
32 tuberculosis, the results of the test shall be personally
33 delivered by the warden or his or her designee in a sealed
34 envelope to the judge of the court in which the inmate must
-20- LRB9207699RCcdA
1 appear for the judge's inspection in camera if requested by
2 the judge. Acting in accordance with the best interests of
3 those in the courtroom, the judge shall have the discretion
4 to determine what if any precautions need to be taken to
5 prevent transmission of the disease in the courtroom.
6 (h) Whenever a defendant is convicted of an offense
7 under Section 1 or 2 of the Hypodermic Syringes and Needles
8 Act, the defendant shall undergo medical testing to determine
9 whether the defendant has been exposed to human
10 immunodeficiency virus (HIV) or any other identified
11 causative agent of acquired immunodeficiency syndrome (AIDS).
12 Except as otherwise provided by law, the results of such test
13 shall be kept strictly confidential by all medical personnel
14 involved in the testing and must be personally delivered in a
15 sealed envelope to the judge of the court in which the
16 conviction was entered for the judge's inspection in camera.
17 Acting in accordance with the best interests of the public,
18 the judge shall have the discretion to determine to whom, if
19 anyone, the results of the testing may be revealed. The court
20 shall notify the defendant of a positive test showing an
21 infection with the human immunodeficiency virus (HIV). The
22 court shall provide information on the availability of HIV
23 testing and counseling at Department of Public Health
24 facilities to all parties to whom the results of the testing
25 are revealed and shall direct the State's Attorney to provide
26 the information to the victim when possible. A State's
27 Attorney may petition the court to obtain the results of any
28 HIV test administered under this Section, and the court
29 shall grant the disclosure if the State's Attorney shows it
30 is relevant in order to prosecute a charge of criminal
31 transmission of HIV under Section 12-16.2 of the Criminal
32 Code of 1961 against the defendant. The court shall order
33 that the cost of any such test shall be paid by the county
34 and may be taxed as costs against the convicted defendant.
-21- LRB9207699RCcdA
1 (i) All fines and penalties imposed under this Section
2 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
3 Vehicle Code, or a similar provision of a local ordinance,
4 and any violation of the Child Passenger Protection Act, or a
5 similar provision of a local ordinance, shall be collected
6 and disbursed by the circuit clerk as provided under Section
7 27.5 of the Clerks of Courts Act.
8 (j) In cases when prosecution for any violation of
9 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
10 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
11 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
12 12-16 of the Criminal Code of 1961, any violation of the
13 Illinois Controlled Substances Act, or any violation of the
14 Cannabis Control Act results in conviction, a disposition of
15 court supervision, or an order of probation granted under
16 Section 10 of the Cannabis Control Act or Section 410 of the
17 Illinois Controlled Substance Act of a defendant, the court
18 shall determine whether the defendant is employed by a
19 facility or center as defined under the Child Care Act of
20 1969, a public or private elementary or secondary school, or
21 otherwise works with children under 18 years of age on a
22 daily basis. When a defendant is so employed, the court
23 shall order the Clerk of the Court to send a copy of the
24 judgment of conviction or order of supervision or probation
25 to the defendant's employer by certified mail. If the
26 employer of the defendant is a school, the Clerk of the Court
27 shall direct the mailing of a copy of the judgment of
28 conviction or order of supervision or probation to the
29 appropriate regional superintendent of schools. The regional
30 superintendent of schools shall notify the State Board of
31 Education of any notification under this subsection.
32 (j-5) A defendant at least 17 years of age who is
33 convicted of a felony and who has not been previously
34 convicted of a misdemeanor or felony and who is sentenced to
-22- LRB9207699RCcdA
1 a term of imprisonment in the Illinois Department of
2 Corrections shall as a condition of his or her sentence be
3 required by the court to attend educational courses designed
4 to prepare the defendant for a high school diploma and to
5 work toward a high school diploma or to work toward passing
6 the high school level Test of General Educational Development
7 (GED) or to work toward completing a vocational training
8 program offered by the Department of Corrections. If a
9 defendant fails to complete the educational training required
10 by his or her sentence during the term of incarceration, the
11 Prisoner Review Board shall, as a condition of mandatory
12 supervised release, require the defendant, at his or her own
13 expense, to pursue a course of study toward a high school
14 diploma or passage of the GED test. The Prisoner Review
15 Board shall revoke the mandatory supervised release of a
16 defendant who wilfully fails to comply with this subsection
17 (j-5) upon his or her release from confinement in a penal
18 institution while serving a mandatory supervised release
19 term; however, the inability of the defendant after making a
20 good faith effort to obtain financial aid or pay for the
21 educational training shall not be deemed a wilful failure to
22 comply. The Prisoner Review Board shall recommit the
23 defendant whose mandatory supervised release term has been
24 revoked under this subsection (j-5) as provided in Section
25 3-3-9. This subsection (j-5) does not apply to a defendant
26 who has a high school diploma or has successfully passed the
27 GED test. This subsection (j-5) does not apply to a defendant
28 who is determined by the court to be developmentally disabled
29 or otherwise mentally incapable of completing the educational
30 or vocational program.
31 (k) A court may not impose a sentence or disposition for
32 a felony or misdemeanor that requires the defendant to be
33 implanted or injected with or to use any form of birth
34 control.
-23- LRB9207699RCcdA
1 (l) (A) Except as provided in paragraph (C) of
2 subsection (l), whenever a defendant, who is an alien as
3 defined by the Immigration and Nationality Act, is
4 convicted of any felony or misdemeanor offense, the court
5 after sentencing the defendant may, upon motion of the
6 State's Attorney, hold sentence in abeyance and remand
7 the defendant to the custody of the Attorney General of
8 the United States or his or her designated agent to be
9 deported when:
10 (1) a final order of deportation has been
11 issued against the defendant pursuant to proceedings
12 under the Immigration and Nationality Act, and
13 (2) the deportation of the defendant would not
14 deprecate the seriousness of the defendant's conduct
15 and would not be inconsistent with the ends of
16 justice.
17 Otherwise, the defendant shall be sentenced as
18 provided in this Chapter V.
19 (B) If the defendant has already been sentenced for
20 a felony or misdemeanor offense, or has been placed on
21 probation under Section 10 of the Cannabis Control Act or
22 Section 410 of the Illinois Controlled Substances Act,
23 the court may, upon motion of the State's Attorney to
24 suspend the sentence imposed, commit the defendant to the
25 custody of the Attorney General of the United States or
26 his or her designated agent when:
27 (1) a final order of deportation has been
28 issued against the defendant pursuant to proceedings
29 under the Immigration and Nationality Act, and
30 (2) the deportation of the defendant would not
31 deprecate the seriousness of the defendant's conduct
32 and would not be inconsistent with the ends of
33 justice.
34 (C) This subsection (l) does not apply to offenders
-24- LRB9207699RCcdA
1 who are subject to the provisions of paragraph (2) of
2 subsection (a) of Section 3-6-3.
3 (D) Upon motion of the State's Attorney, if a
4 defendant sentenced under this Section returns to the
5 jurisdiction of the United States, the defendant shall be
6 recommitted to the custody of the county from which he or
7 she was sentenced. Thereafter, the defendant shall be
8 brought before the sentencing court, which may impose any
9 sentence that was available under Section 5-5-3 at the
10 time of initial sentencing. In addition, the defendant
11 shall not be eligible for additional good conduct credit
12 for meritorious service as provided under Section 3-6-6.
13 (m) A person convicted of criminal defacement of
14 property under Section 21-1.3 of the Criminal Code of 1961,
15 in which the property damage exceeds $300 and the property
16 damaged is a school building, shall be ordered to perform
17 community service that may include cleanup, removal, or
18 painting over the defacement.
19 (n) If a person is convicted of a felony involving the
20 use of a firearm or other dangerous weapon, the clerk of the
21 circuit court shall, within 24 hours of the conviction,
22 notify the Department of State Police.
23 (o) If a person who is convicted of a felony possesses a
24 Firearm Owner's Identification Card or firearms or other
25 dangerous weapons, or both, the court shall require the
26 defendant to transfer the firearms or other dangerous weapons
27 to a Firearm Owner's Identification Card holder within 15
28 days after the defendant's conviction or turn over the
29 firearms or other dangerous weapons immediately to the court
30 or a law enforcement agency with the approval of the court
31 and to surrender his or her Firearm Owner's Identification
32 Card to the Department of State Police. The defendant may
33 not turn over his or her firearms or other dangerous weapons
34 to a family or household member as defined in Article 112A of
-25- LRB9207699RCcdA
1 the Code of Criminal Procedure of 1963. If these conditions
2 are not met within that 15-day period, a person convicted of
3 a felony must permit a local law enforcement agency to search
4 his or her residence, person, and place of business for
5 firearms and other dangerous weapons and to confiscate the
6 firearms and other dangerous weapons and to seize any Firearm
7 Owner's Identification Card issued to the defendant.
8 (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
9 eff. 1-1-99; 90-685, eff. 1-1-99; 90-787, eff. 8-14-98;
10 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 91-663, eff.
11 12-22-99; 91-695, eff. 4-13-00.)
12 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
13 Sec. 5-6-3. Conditions of Probation and of Conditional
14 Discharge.
15 (a) The conditions of probation and of conditional
16 discharge shall be that the person:
17 (1) not violate any criminal statute of any
18 jurisdiction;
19 (2) report to or appear in person before such
20 person or agency as directed by the court;
21 (3) refrain from possessing a firearm or other
22 dangerous weapon;
23 (4) not leave the State without the consent of the
24 court or, in circumstances in which the reason for the
25 absence is of such an emergency nature that prior consent
26 by the court is not possible, without the prior
27 notification and approval of the person's probation
28 officer;
29 (5) permit the probation officer to visit him at
30 his home or elsewhere to the extent necessary to
31 discharge his duties;
32 (6) perform no less than 30 hours of community
33 service and not more than 120 hours of community service,
-26- LRB9207699RCcdA
1 if community service is available in the jurisdiction and
2 is funded and approved by the county board where the
3 offense was committed, where the offense was related to
4 or in furtherance of the criminal activities of an
5 organized gang and was motivated by the offender's
6 membership in or allegiance to an organized gang. The
7 community service shall include, but not be limited to,
8 the cleanup and repair of any damage caused by a
9 violation of Section 21-1.3 of the Criminal Code of 1961
10 and similar damage to property located within the
11 municipality or county in which the violation occurred.
12 When possible and reasonable, the community service
13 should be performed in the offender's neighborhood. For
14 purposes of this Section, "organized gang" has the
15 meaning ascribed to it in Section 10 of the Illinois
16 Streetgang Terrorism Omnibus Prevention Act;
17 (7) if he or she is at least 17 years of age and
18 has been sentenced to probation or conditional discharge
19 for a misdemeanor or felony in a county of 3,000,000 or
20 more inhabitants and has not been previously convicted of
21 a misdemeanor or felony, may be required by the
22 sentencing court to attend educational courses designed
23 to prepare the defendant for a high school diploma and to
24 work toward a high school diploma or to work toward
25 passing the high school level Test of General Educational
26 Development (GED) or to work toward completing a
27 vocational training program approved by the court. The
28 person on probation or conditional discharge must attend
29 a public institution of education to obtain the
30 educational or vocational training required by this
31 clause (7). The court shall revoke the probation or
32 conditional discharge of a person who wilfully fails to
33 comply with this clause (7). The person on probation or
34 conditional discharge shall be required to pay for the
-27- LRB9207699RCcdA
1 cost of the educational courses or GED test, if a fee is
2 charged for those courses or test. The court shall
3 resentence the offender whose probation or conditional
4 discharge has been revoked as provided in Section 5-6-4.
5 This clause (7) does not apply to a person who has a high
6 school diploma or has successfully passed the GED test.
7 This clause (7) does not apply to a person who is
8 determined by the court to be developmentally disabled or
9 otherwise mentally incapable of completing the
10 educational or vocational program; and
11 (8) if convicted of possession of a substance
12 prohibited by the Cannabis Control Act or Illinois
13 Controlled Substances Act after a previous conviction or
14 disposition of supervision for possession of a substance
15 prohibited by the Cannabis Control Act or Illinois
16 Controlled Substances Act or after a sentence of
17 probation under Section 10 of the Cannabis Control Act or
18 Section 410 of the Illinois Controlled Substances Act and
19 upon a finding by the court that the person is addicted,
20 undergo treatment at a substance abuse program approved
21 by the court;.
22 (9) surrender his or her Firearm Owner's
23 Identification Card; and
24 (10) permit local law enforcement officers to
25 search his or her person, residence, or place of business
26 for any firearms or other dangerous weapons.
27 (b) The Court may in addition to other reasonable
28 conditions relating to the nature of the offense or the
29 rehabilitation of the defendant as determined for each
30 defendant in the proper discretion of the Court require that
31 the person:
32 (1) serve a term of periodic imprisonment under
33 Article 7 for a period not to exceed that specified in
34 paragraph (d) of Section 5-7-1;
-28- LRB9207699RCcdA
1 (2) pay a fine and costs;
2 (3) work or pursue a course of study or vocational
3 training;
4 (4) undergo medical, psychological or psychiatric
5 treatment; or treatment for drug addiction or alcoholism;
6 (5) attend or reside in a facility established for
7 the instruction or residence of defendants on probation;
8 (6) support his dependents;
9 (7) and in addition, if a minor:
10 (i) reside with his parents or in a foster
11 home;
12 (ii) attend school;
13 (iii) attend a non-residential program for
14 youth;
15 (iv) contribute to his own support at home or
16 in a foster home;
17 (8) make restitution as provided in Section 5-5-6
18 of this Code;
19 (9) perform some reasonable public or community
20 service;
21 (10) serve a term of home confinement. In addition
22 to any other applicable condition of probation or
23 conditional discharge, the conditions of home confinement
24 shall be that the offender:
25 (i) remain within the interior premises of the
26 place designated for his confinement during the
27 hours designated by the court;
28 (ii) admit any person or agent designated by
29 the court into the offender's place of confinement
30 at any time for purposes of verifying the offender's
31 compliance with the conditions of his confinement;
32 and
33 (iii) if further deemed necessary by the court
34 or the Probation or Court Services Department, be
-29- LRB9207699RCcdA
1 placed on an approved electronic monitoring device,
2 subject to Article 8A of Chapter V;
3 (iv) for persons convicted of any alcohol,
4 cannabis or controlled substance violation who are
5 placed on an approved monitoring device as a
6 condition of probation or conditional discharge, the
7 court shall impose a reasonable fee for each day of
8 the use of the device, as established by the county
9 board in subsection (g) of this Section, unless
10 after determining the inability of the offender to
11 pay the fee, the court assesses a lesser fee or no
12 fee as the case may be. This fee shall be imposed in
13 addition to the fees imposed under subsections (g)
14 and (i) of this Section. The fee shall be collected
15 by the clerk of the circuit court. The clerk of the
16 circuit court shall pay all monies collected from
17 this fee to the county treasurer for deposit in the
18 substance abuse services fund under Section 5-1086.1
19 of the Counties Code; and
20 (v) for persons convicted of offenses other
21 than those referenced in clause (iv) above and who
22 are placed on an approved monitoring device as a
23 condition of probation or conditional discharge, the
24 court shall impose a reasonable fee for each day of
25 the use of the device, as established by the county
26 board in subsection (g) of this Section, unless
27 after determining the inability of the defendant to
28 pay the fee, the court assesses a lesser fee or no
29 fee as the case may be. This fee shall be imposed
30 in addition to the fees imposed under subsections
31 (g) and (i) of this Section. The fee shall be
32 collected by the clerk of the circuit court. The
33 clerk of the circuit court shall pay all monies
34 collected from this fee to the county treasurer who
-30- LRB9207699RCcdA
1 shall use the monies collected to defray the costs
2 of corrections. The county treasurer shall deposit
3 the fee collected in the county working cash fund
4 under Section 6-27001 or Section 6-29002 of the
5 Counties Code, as the case may be.
6 (11) comply with the terms and conditions of an
7 order of protection issued by the court pursuant to the
8 Illinois Domestic Violence Act of 1986, as now or
9 hereafter amended, or an order of protection issued by
10 the court of another state, tribe, or United States
11 territory. A copy of the order of protection shall be
12 transmitted to the probation officer or agency having
13 responsibility for the case;
14 (12) reimburse any "local anti-crime program" as
15 defined in Section 7 of the Anti-Crime Advisory Council
16 Act for any reasonable expenses incurred by the program
17 on the offender's case, not to exceed the maximum amount
18 of the fine authorized for the offense for which the
19 defendant was sentenced;
20 (13) contribute a reasonable sum of money, not to
21 exceed the maximum amount of the fine authorized for the
22 offense for which the defendant was sentenced, to a
23 "local anti-crime program", as defined in Section 7 of
24 the Anti-Crime Advisory Council Act;
25 (14) refrain from entering into a designated
26 geographic area except upon such terms as the court finds
27 appropriate. Such terms may include consideration of the
28 purpose of the entry, the time of day, other persons
29 accompanying the defendant, and advance approval by a
30 probation officer, if the defendant has been placed on
31 probation or advance approval by the court, if the
32 defendant was placed on conditional discharge;
33 (15) refrain from having any contact, directly or
34 indirectly, with certain specified persons or particular
-31- LRB9207699RCcdA
1 types of persons, including but not limited to members of
2 street gangs and drug users or dealers;
3 (16) refrain from having in his or her body the
4 presence of any illicit drug prohibited by the Cannabis
5 Control Act or the Illinois Controlled Substances Act,
6 unless prescribed by a physician, and submit samples of
7 his or her blood or urine or both for tests to determine
8 the presence of any illicit drug.
9 (c) The court may as a condition of probation or of
10 conditional discharge require that a person under 18 years of
11 age found guilty of any alcohol, cannabis or controlled
12 substance violation, refrain from acquiring a driver's
13 license during the period of probation or conditional
14 discharge. If such person is in possession of a permit or
15 license, the court may require that the minor refrain from
16 driving or operating any motor vehicle during the period of
17 probation or conditional discharge, except as may be
18 necessary in the course of the minor's lawful employment.
19 (d) An offender sentenced to probation or to conditional
20 discharge shall be given a certificate setting forth the
21 conditions thereof.
22 (e) The court shall not require as a condition of the
23 sentence of probation or conditional discharge that the
24 offender be committed to a period of imprisonment in excess
25 of 6 months. This 6 month limit shall not include periods of
26 confinement given pursuant to a sentence of county impact
27 incarceration under Section 5-8-1.2.
28 Persons committed to imprisonment as a condition of
29 probation or conditional discharge shall not be committed to
30 the Department of Corrections.
31 (f) The court may combine a sentence of periodic
32 imprisonment under Article 7 or a sentence to a county impact
33 incarceration program under Article 8 with a sentence of
34 probation or conditional discharge.
-32- LRB9207699RCcdA
1 (g) An offender sentenced to probation or to conditional
2 discharge and who during the term of either undergoes
3 mandatory drug or alcohol testing, or both, or is assigned to
4 be placed on an approved electronic monitoring device, shall
5 be ordered to pay all costs incidental to such mandatory drug
6 or alcohol testing, or both, and all costs incidental to such
7 approved electronic monitoring in accordance with the
8 defendant's ability to pay those costs. The county board
9 with the concurrence of the Chief Judge of the judicial
10 circuit in which the county is located shall establish
11 reasonable fees for the cost of maintenance, testing, and
12 incidental expenses related to the mandatory drug or alcohol
13 testing, or both, and all costs incidental to approved
14 electronic monitoring, involved in a successful probation
15 program for the county. The concurrence of the Chief Judge
16 shall be in the form of an administrative order. The fees
17 shall be collected by the clerk of the circuit court. The
18 clerk of the circuit court shall pay all moneys collected
19 from these fees to the county treasurer who shall use the
20 moneys collected to defray the costs of drug testing, alcohol
21 testing, and electronic monitoring. The county treasurer
22 shall deposit the fees collected in the county working cash
23 fund under Section 6-27001 or Section 6-29002 of the Counties
24 Code, as the case may be.
25 (h) Jurisdiction over an offender may be transferred
26 from the sentencing court to the court of another circuit
27 with the concurrence of both courts, or to another state
28 under an Interstate Probation Reciprocal Agreement as
29 provided in Section 3-3-11. Further transfers or retransfers
30 of jurisdiction are also authorized in the same manner. The
31 court to which jurisdiction has been transferred shall have
32 the same powers as the sentencing court.
33 (i) The court shall impose upon an offender sentenced to
34 probation after January 1, 1989 or to conditional discharge
-33- LRB9207699RCcdA
1 after January 1, 1992, as a condition of such probation or
2 conditional discharge, a fee of $25 for each month of
3 probation or conditional discharge supervision ordered by the
4 court, unless after determining the inability of the person
5 sentenced to probation or conditional discharge to pay the
6 fee, the court assesses a lesser fee. The court may not
7 impose the fee on a minor who is made a ward of the State
8 under the Juvenile Court Act of 1987 while the minor is in
9 placement. The fee shall be imposed only upon an offender who
10 is actively supervised by the probation and court services
11 department. The fee shall be collected by the clerk of the
12 circuit court. The clerk of the circuit court shall pay all
13 monies collected from this fee to the county treasurer for
14 deposit in the probation and court services fund under
15 Section 15.1 of the Probation and Probation Officers Act.
16 (j) All fines and costs imposed under this Section for
17 any violation of Chapters 3, 4, 6, and 11 of the Illinois
18 Vehicle Code, or a similar provision of a local ordinance,
19 and any violation of the Child Passenger Protection Act, or a
20 similar provision of a local ordinance, shall be collected
21 and disbursed by the circuit clerk as provided under Section
22 27.5 of the Clerks of Courts Act.
23 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
24 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 91-325, eff.
25 7-29-99; 91-696, eff. 4-13-00; 91-903, eff. 1-1-01.)
26 (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
27 Sec. 5-6-4. Violation, Modification or Revocation of
28 Probation, of Conditional Discharge or Supervision or of a
29 sentence of county impact incarceration - Hearing.
30 (a) Except in cases where conditional discharge or
31 supervision was imposed for a petty offense as defined in
32 Section 5-1-17, when a petition is filed charging a violation
33 of a condition, the court may:
-34- LRB9207699RCcdA
1 (1) in the case of probation violations, order the
2 issuance of a notice to the offender to be present by the
3 County Probation Department or such other agency
4 designated by the court to handle probation matters; and
5 in the case of conditional discharge or supervision
6 violations, such notice to the offender shall be issued
7 by the Circuit Court Clerk; and in the case of a
8 violation of a sentence of county impact incarceration,
9 such notice shall be issued by the Sheriff;
10 (2) order a summons to the offender to be present
11 for hearing; or
12 (3) order a warrant for the offender's arrest where
13 there is danger of his fleeing the jurisdiction or
14 causing serious harm to others or when the offender fails
15 to answer a summons or notice from the clerk of the court
16 or Sheriff.
17 Personal service of the petition for violation of
18 probation or the issuance of such warrant, summons or notice
19 shall toll the period of probation, conditional discharge,
20 supervision, or sentence of county impact incarceration until
21 the final determination of the charge, and the term of
22 probation, conditional discharge, supervision, or sentence of
23 county impact incarceration shall not run until the hearing
24 and disposition of the petition for violation.
25 (b) The court shall conduct a hearing of the alleged
26 violation. The court shall admit the offender to bail pending
27 the hearing unless the alleged violation is itself a criminal
28 offense in which case the offender shall be admitted to bail
29 on such terms as are provided in the Code of Criminal
30 Procedure of 1963, as amended. In any case where an offender
31 remains incarcerated only as a result of his alleged
32 violation of the court's earlier order of probation,
33 supervision, conditional discharge, or county impact
34 incarceration such hearing shall be held within 14 days of
-35- LRB9207699RCcdA
1 the onset of said incarceration, unless the alleged violation
2 is the commission of another offense by the offender during
3 the period of probation, supervision or conditional discharge
4 in which case such hearing shall be held within the time
5 limits described in Section 103-5 of the Code of Criminal
6 Procedure of 1963, as amended.
7 (c) The State has the burden of going forward with the
8 evidence and proving the violation by the preponderance of
9 the evidence. The evidence shall be presented in open court
10 with the right of confrontation, cross-examination, and
11 representation by counsel.
12 (d) Probation, conditional discharge, periodic
13 imprisonment and supervision shall not be revoked for failure
14 to comply with conditions of a sentence or supervision, which
15 imposes financial obligations upon the offender unless such
16 failure is due to his willful refusal to pay.
17 (e) If the court finds that the offender has violated a
18 condition at any time prior to the expiration or termination
19 of the period, it may continue him on the existing sentence,
20 with or without modifying or enlarging the conditions, or may
21 impose any other sentence that was available under Section
22 5-5-3 at the time of initial sentencing. If the court finds
23 that the person has failed to successfully complete his or
24 her sentence to a county impact incarceration program, the
25 court may impose any other sentence that was available under
26 Section 5-5-3 at the time of initial sentencing, except for a
27 sentence of probation or conditional discharge.
28 (f) The conditions of probation, of conditional
29 discharge, of supervision, or of a sentence of county impact
30 incarceration may be modified by the court on motion of the
31 supervising agency or on its own motion or at the request of
32 the offender after notice and a hearing.
33 (g) A judgment revoking supervision, probation,
34 conditional discharge, or a sentence of county impact
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1 incarceration is a final appealable order.
2 (h) Resentencing after revocation of probation,
3 conditional discharge, supervision, or a sentence of county
4 impact incarceration shall be under Article 4. Time served on
5 probation, conditional discharge or supervision shall not be
6 credited by the court against a sentence of imprisonment or
7 periodic imprisonment unless the court orders otherwise.
8 (i) Instead of filing a violation of probation,
9 conditional discharge, supervision, or a sentence of county
10 impact incarceration, an agent or employee of the supervising
11 agency with the concurrence of his or her supervisor may
12 serve on the defendant a Notice of Intermediate Sanctions.
13 The Notice shall contain the technical violation or
14 violations involved, the date or dates of the violation or
15 violations, and the intermediate sanctions to be imposed.
16 Upon receipt of the Notice, the defendant shall immediately
17 accept or reject the intermediate sanctions. If the
18 sanctions are accepted, they shall be imposed immediately.
19 If the intermediate sanctions are rejected or the defendant
20 does not respond to the Notice, a violation of probation,
21 conditional discharge, supervision, or a sentence of county
22 impact incarceration shall be immediately filed with the
23 court. The State's Attorney and the sentencing court shall
24 be notified of the Notice of Sanctions. Upon successful
25 completion of the intermediate sanctions, a court may not
26 revoke probation, conditional discharge, supervision, or a
27 sentence of county impact incarceration or impose additional
28 sanctions for the same violation. A notice of intermediate
29 sanctions may not be issued for any violation of probation,
30 conditional discharge, supervision, or a sentence of county
31 impact incarceration which could warrant an additional,
32 separate felony charge. The intermediate sanctions shall
33 include a term of home detention as provided in Article 8A of
34 Chapter V of this Code for multiple or repeat violations of
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1 the terms and conditions of a sentence of probation,
2 conditional discharge, or supervision.
3 (j) Probation, conditional discharge, or periodic
4 imprisonment shall be revoked for failure to comply with
5 conditions of a sentence imposed for a felony involving the
6 use of a firearm or other dangerous weapon.
7 (Source: P.A. 89-198, eff. 7-21-95; 89-587, eff. 7-31-96;
8 89-647, eff. 1-1-97; 90-14, eff. 7-1-97.)