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Public Act 91-0696
SB1365 Enrolled LRB9111410RCpk
AN ACT to re-enact certain criminal provisions of Public
Act 88-680.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Purpose.
(1) The General Assembly finds and declares that:
(i) Public Act 88-680, effective January 1, 1995,
contained provisions amending the Criminal Code of 1961,
the Unified Code of Corrections and the Wrongs to
Children Act. Public Act 88-680 also contained other
provisions.
(ii) In addition, Public Act 88-680 was entitled
"AN ACT to create a Safe Neighborhoods Law". (A) Article
5 was entitled JUVENILE JUSTICE and amended the Juvenile
Court Act of 1987. (B) Article 15 was entitled GANGS and
amended various provisions of the Criminal Code of 1961
and the Unified Code of Corrections. (C) Article 20 was
entitled ALCOHOL ABUSE and amended various provisions of
the Illinois Vehicle Code. (D) Article 25 was entitled
DRUG ABUSE and amended the Cannabis Control Act and the
Illinois Controlled Substances Act. (E) Article 30 was
entitled FIREARMS and amended the Criminal Code of 1961
and the Code of Criminal Procedure of 1963. (F) Article
35 amended the Criminal Code of 1961, the Rights of Crime
Victims and Witnesses Act, and the Unified Code of
Corrections. (G) Article 40 amended the Criminal Code of
1961 to increase the penalty for compelling organization
membership of persons. (H) Article 45 created the Secure
Residential Youth Care Facility Licensing Act and amended
the State Finance Act, the Juvenile Court Act of 1987,
the Unified Code of Corrections, and the Private
Correctional Facility Moratorium Act. (I) Article 50
amended the WIC Vendor Management Act, the Firearm Owners
Identification Card Act, the Juvenile Court Act of 1987,
the Criminal Code of 1961, the Wrongs to Children Act,
and the Unified Code of Corrections.
(iii) On December 2, 1999, the Illinois Supreme
Court, in People v. Cervantes, Docket No. 87229, ruled
that Public Act 88-680 violates the single subject clause
of the Illinois Constitution (Article IV, Section 8 (d))
and was unconstitutional in its entirety.
(iv) The provisions of Public Act 88-680 amending
the Criminal Code of 1961, the Unified Code of
Corrections, and the Wrongs to Children Act are of vital
concern to the people of this State and legislative
action concerning those provisions of Public Act 88-680
is necessary.
(2) It is the purpose of this Act to re-enact certain
criminal provisions of Public Act 88-680, including
subsequent amendments. This re-enactment is intended to
remove any question as to the validity or content of those
provisions.
(3) This Act re-enacts certain criminal provisions of
Public Act 88-680, including subsequent amendments, to remove
any question as to the validity or content of those
provisions; it is not intended to supersede any other Public
Act that amends the text of the Sections as set forth in this
Act. The material is shown as existing text (i.e., without
underscoring), except for technical changes having a revisory
function.
ARTICLE 15. GANGS
Section 15-5. The Criminal Code of 1961 is amended by
re-enacting Sections 12-6, 32-4, and 32-4a as follows:
(720 ILCS 5/12-6) (from Ch. 38, par. 12-6)
Sec. 12-6. Intimidation.
(a) A person commits intimidation when, with intent to
cause another to perform or to omit the performance of any
act, he communicates to another, whether in person, by
telephone or by mail, a threat to perform without lawful
authority any of the following acts:
(1) Inflict physical harm on the person threatened
or any other person or on property; or
(2) Subject any person to physical confinement or
restraint; or
(3) Commit any criminal offense; or
(4) Accuse any person of an offense; or
(5) Expose any person to hatred, contempt or
ridicule; or
(6) Take action as a public official against anyone
or anything, or withhold official action, or cause such
action or withholding; or
(7) Bring about or continue a strike, boycott or
other collective action.
(b) Sentence.
Intimidation is a Class 3 felony for which an offender
may be sentenced to a term of imprisonment of not less than 2
years and not more than 10 years.
(Source: P.A. 88-680, eff. 1-1-95.)
(720 ILCS 5/32-4) (from Ch. 38, par. 32-4)
Sec. 32-4. Communicating with jurors and witnesses.
(a) A person who, with intent to influence any person
whom he believes has been summoned as a juror, regarding any
matter which is or may be brought before such juror,
communicates, directly or indirectly, with such juror
otherwise than as authorized by law commits a Class 4 felony.
(b) A person who, with intent to deter any party or
witness from testifying freely, fully and truthfully to any
matter pending in any court, or before a Grand Jury,
Administrative agency or any other State or local
governmental unit, forcibly detains such party or witness, or
communicates, directly or indirectly, to such party or
witness any knowingly false information or a threat of injury
or damage to the property or person of any individual or
offers or delivers or threatens to withhold money or another
thing of value to any individual commits a Class 3 felony.
(Source: P.A. 88-680, eff. 1-1-95; 89-377, eff. 8-18-95.)
(720 ILCS 5/32-4a) (from Ch. 38, par. 32-4a)
Sec. 32-4a. Harassment of representatives for the child,
jurors, witnesses and family members of representatives for
the child, jurors, and witnesses.
(a) A person who, with intent to harass or annoy one who
has served or is serving or who is a family member of a
person who has served or is serving (1) as a juror because of
the verdict returned by the jury in a pending legal
proceeding or the participation of the juror in the verdict
or (2) as a witness, or who may be expected to serve as a
witness in a pending legal proceeding, because of the
testimony or potential testimony of the witness, communicates
directly or indirectly with the juror, witness, or family
member of a juror or witness in such manner as to produce
mental anguish or emotional distress or who conveys a threat
of injury or damage to the property or person of any juror,
witness, or family member of the juror or witness commits a
Class 2 felony.
(b) A person who, with intent to harass or annoy one who
has served or is serving or who is a family member of a
person who has served or is serving as a representative for
the child, appointed under Section 506 of the Illinois
Marriage and Dissolution of Marriage Act, Section 12 of the
Uniform Child Custody Jurisdiction Act, or Section 2-502 of
the Code of Civil Procedure, because of the representative
service of that capacity, communicates directly or indirectly
with the representative or a family member of the
representative in such manner as to produce mental anguish or
emotional distress or who conveys a threat of injury or
damage to the property or person of any representative or a
family member of the representative commits a Class A
misdemeanor.
(c) For purposes of this Section, "family member" means
a spouse, parent, child, stepchild or other person related by
blood or by present marriage, a person who has, or allegedly
has a child in common, and a person who shares or allegedly
shares a blood relationship through a child.
(Source: P.A. 89-686, eff. 6-1-97; 90-126, eff. 1-1-98.)
Section 15-15. The Unified Code of Corrections is
amended by re-enacting Sections 5-5-3.2, 5-6-3, and 5-6-3.1
as follows:
(730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
Sec. 5-5-3.2. Factors in Aggravation.
(a) The following factors shall be accorded weight in
favor of imposing a term of imprisonment or may be considered
by the court as reasons to impose a more severe sentence
under Section 5-8-1:
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for
committing the offense;
(3) the defendant has a history of prior
delinquency or criminal activity;
(4) the defendant, by the duties of his office or
by his position, was obliged to prevent the particular
offense committed or to bring the offenders committing it
to justice;
(5) the defendant held public office at the time of
the offense, and the offense related to the conduct of
that office;
(6) the defendant utilized his professional
reputation or position in the community to commit the
offense, or to afford him an easier means of committing
it;
(7) the sentence is necessary to deter others from
committing the same crime;
(8) the defendant committed the offense against a
person 60 years of age or older or such person's
property;
(9) the defendant committed the offense against a
person who is physically handicapped or such person's
property;
(10) by reason of another individual's actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or
national origin, the defendant committed the offense
against (i) the person or property of that individual;
(ii) the person or property of a person who has an
association with, is married to, or has a friendship with
the other individual; or (iii) the person or property of
a relative (by blood or marriage) of a person described
in clause (i) or (ii). For the purposes of this Section,
"sexual orientation" means heterosexuality,
homosexuality, or bisexuality;
(11) the offense took place in a place of worship
or on the grounds of a place of worship, immediately
prior to, during or immediately following worship
services. For purposes of this subparagraph, "place of
worship" shall mean any church, synagogue or other
building, structure or place used primarily for religious
worship;
(12) the defendant was convicted of a felony
committed while he was released on bail or his own
recognizance pending trial for a prior felony and was
convicted of such prior felony, or the defendant was
convicted of a felony committed while he was serving a
period of probation, conditional discharge, or mandatory
supervised release under subsection (d) of Section 5-8-1
for a prior felony;
(13) the defendant committed or attempted to commit
a felony while he was wearing a bulletproof vest. For
the purposes of this paragraph (13), a bulletproof vest
is any device which is designed for the purpose of
protecting the wearer from bullets, shot or other lethal
projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as
defined in Section 12-12 of the Criminal Code of 1961,
teacher, scout leader, baby sitter, or day care worker,
in relation to a victim under 18 years of age, and the
defendant committed an offense in violation of Section
11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
1961 against that victim;
(15) the defendant committed an offense related to
the activities of an organized gang. For the purposes of
this factor, "organized gang" has the meaning ascribed to
it in Section 10 of the Streetgang Terrorism Omnibus
Prevention Act;
(16) the defendant committed an offense in
violation of one of the following Sections while in a
school, regardless of the time of day or time of year; on
any conveyance owned, leased, or contracted by a school
to transport students to or from school or a school
related activity; on the real property of a school; or on
a public way within 1,000 feet of the real property
comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
1961;
(16.5) the defendant committed an offense in
violation of one of the following Sections while in a day
care center, regardless of the time of day or time of
year; on the real property of a day care center,
regardless of the time of day or time of year; or on a
public way within 1,000 feet of the real property
comprising any day care center, regardless of the time of
day or time of year: Section 10-1, 10-2, 10-5, 11-15.1,
11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
1961;
(17) the defendant committed the offense by reason
of any person's activity as a community policing
volunteer or to prevent any person from engaging in
activity as a community policing volunteer. For the
purpose of this Section, "community policing volunteer"
has the meaning ascribed to it in Section 2-3.5 of the
Criminal Code of 1961; or
(18) the defendant committed the offense in a
nursing home or on the real property comprising a nursing
home. For the purposes of this paragraph (18), "nursing
home" means a skilled nursing or intermediate long term
care facility that is subject to license by the Illinois
Department of Public Health under the Nursing Home Care
Act; or.
(19) (18) the defendant was a federally licensed
firearm dealer and was previously convicted of a
violation of subsection (a) of Section 3 of the Firearm
Owners Identification Card Act and has now committed
either a felony violation of the Firearm Owners
Identification Card Act or an act of armed violence while
armed with a firearm.
For the purposes of this Section:
"School" is defined as a public or private elementary or
secondary school, community college, college, or university.
"Day care center" means a public or private State
certified and licensed day care center as defined in Section
2.09 of the Child Care Act of 1969 that displays a sign in
plain view stating that the property is a day care center.
(b) The following factors may be considered by the court
as reasons to impose an extended term sentence under Section
5-8-2 upon any offender:
(1) When a defendant is convicted of any felony,
after having been previously convicted in Illinois or any
other jurisdiction of the same or similar class felony or
greater class felony, when such conviction has occurred
within 10 years after the previous conviction, excluding
time spent in custody, and such charges are separately
brought and tried and arise out of different series of
acts; or
(2) When a defendant is convicted of any felony and
the court finds that the offense was accompanied by
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or
(3) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary
manslaughter or reckless homicide in which the defendant
has been convicted of causing the death of more than one
individual; or
(4) When a defendant is convicted of any felony
committed against:
(i) a person under 12 years of age at the time
of the offense or such person's property;
(ii) a person 60 years of age or older at the
time of the offense or such person's property; or
(iii) a person physically handicapped at the
time of the offense or such person's property; or
(5) In the case of a defendant convicted of
aggravated criminal sexual assault or criminal sexual
assault, when the court finds that aggravated criminal
sexual assault or criminal sexual assault was also
committed on the same victim by one or more other
individuals, and the defendant voluntarily participated
in the crime with the knowledge of the participation of
the others in the crime, and the commission of the crime
was part of a single course of conduct during which there
was no substantial change in the nature of the criminal
objective; or
(6) When a defendant is convicted of any felony and
the offense involved any of the following types of
specific misconduct committed as part of a ceremony,
rite, initiation, observance, performance, practice or
activity of any actual or ostensible religious,
fraternal, or social group:
(i) the brutalizing or torturing of humans or
animals;
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery,
religious, fraternal, business, governmental,
educational, or other building or property; or
(v) ritualized abuse of a child; or
(7) When a defendant is convicted of first degree
murder, after having been previously convicted in
Illinois of any offense listed under paragraph (c)(2) of
Section 5-5-3, when such conviction has occurred within
10 years after the previous conviction, excluding time
spent in custody, and such charges are separately brought
and tried and arise out of different series of acts; or
(8) When a defendant is convicted of a felony other
than conspiracy and the court finds that the felony was
committed under an agreement with 2 or more other persons
to commit that offense and the defendant, with respect to
the other individuals, occupied a position of organizer,
supervisor, financier, or any other position of
management or leadership, and the court further finds
that the felony committed was related to or in
furtherance of the criminal activities of an organized
gang or was motivated by the defendant's leadership in an
organized gang; or
(9) When a defendant is convicted of a felony
violation of Section 24-1 of the Criminal Code of 1961
and the court finds that the defendant is a member of an
organized gang; or
(10) When a defendant committed the offense using a
firearm with a laser sight attached to it. For purposes
of this paragraph (10), "laser sight" has the meaning
ascribed to it in Section 24.6-5 of the Criminal Code of
1961; or.
(11) (10) When a defendant who was at least 17
years of age at the time of the commission of the offense
is convicted of a felony and has been previously
adjudicated a delinquent minor under the Juvenile Court
Act of 1987 for an act that if committed by an adult
would be a Class X or Class 1 felony when the conviction
has occurred within 10 years after the previous
adjudication, excluding time spent in custody.
(b-1) For the purposes of this Section, "organized gang"
has the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(c) The court may impose an extended term sentence under
Section 5-8-2 upon any offender who was convicted of
aggravated criminal sexual assault or predatory criminal
sexual assault of a child under subsection (a)(1) of Section
12-14.1 of the Criminal Code of 1961 where the victim was
under 18 years of age at the time of the commission of the
offense.
(d) The court may impose an extended term sentence under
Section 5-8-2 upon any offender who was convicted of unlawful
use of weapons under Section 24-1 of the Criminal Code of
1961 for possessing a weapon that is not readily
distinguishable as one of the weapons enumerated in Section
24-1 of the Criminal Code of 1961.
(Source: P.A. 90-14, eff. 7-1-97; 90-651, eff. 1-1-99;
90-686, eff. 1-1-99; 91-119, eff. 1-1-00; 91-120, eff.
7-15-99; 91-252, eff. 1-1-00; 91-267, eff. 1-1-00; 91-268,
eff. 1-1-00; 91-357, eff. 7-29-99; 91-437, eff. 1-1-00;
revised 8-30-99.)
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
Sec. 5-6-3. Conditions of Probation and of Conditional
Discharge.
(a) The conditions of probation and of conditional
discharge shall be that the person:
(1) not violate any criminal statute of any
jurisdiction;
(2) report to or appear in person before such
person or agency as directed by the court;
(3) refrain from possessing a firearm or other
dangerous weapon;
(4) not leave the State without the consent of the
court or, in circumstances in which the reason for the
absence is of such an emergency nature that prior consent
by the court is not possible, without the prior
notification and approval of the person's probation
officer;
(5) permit the probation officer to visit him at
his home or elsewhere to the extent necessary to
discharge his duties;
(6) perform no less than 30 hours of community
service and not more than 120 hours of community service,
if community service is available in the jurisdiction and
is funded and approved by the county board where the
offense was committed, where the offense was related to
or in furtherance of the criminal activities of an
organized gang and was motivated by the offender's
membership in or allegiance to an organized gang. The
community service shall include, but not be limited to,
the cleanup and repair of any damage caused by a
violation of Section 21-1.3 of the Criminal Code of 1961
and similar damage to property located within the
municipality or county in which the violation occurred.
When possible and reasonable, the community service
should be performed in the offender's neighborhood. For
purposes of this Section, "organized gang" has the
meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act;
(7) if he or she is at least 17 years of age and
has been sentenced to probation or conditional discharge
for a misdemeanor or felony in a county of 3,000,000 or
more inhabitants and has not been previously convicted of
a misdemeanor or felony, may be required by the
sentencing court to attend educational courses designed
to prepare the defendant for a high school diploma and to
work toward a high school diploma or to work toward
passing the high school level Test of General Educational
Development (GED) or to work toward completing a
vocational training program approved by the court. The
person on probation or conditional discharge must attend
a public institution of education to obtain the
educational or vocational training required by this
clause (7). The court shall revoke the probation or
conditional discharge of a person who wilfully fails to
comply with this clause (7). The person on probation or
conditional discharge shall be required to pay for the
cost of the educational courses or GED test, if a fee is
charged for those courses or test. The court shall
resentence the offender whose probation or conditional
discharge has been revoked as provided in Section 5-6-4.
This clause (7) does not apply to a person who has a high
school diploma or has successfully passed the GED test.
This clause (7) does not apply to a person who is
determined by the court to be developmentally disabled or
otherwise mentally incapable of completing the
educational or vocational program; and
(8) if convicted of possession of a substance
prohibited by the Cannabis Control Act or Illinois
Controlled Substances Act after a previous conviction or
disposition of supervision for possession of a substance
prohibited by the Cannabis Control Act or Illinois
Controlled Substances Act or after a sentence of
probation under Section 10 of the Cannabis Control Act or
Section 410 of the Illinois Controlled Substances Act and
upon a finding by the court that the person is addicted,
undergo treatment at a substance abuse program approved
by the court.
(b) The Court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the Court require that
the person:
(1) serve a term of periodic imprisonment under
Article 7 for a period not to exceed that specified in
paragraph (d) of Section 5-7-1;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for
the instruction or residence of defendants on probation;
(6) support his dependents;
(7) and in addition, if a minor:
(i) reside with his parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for
youth;
(iv) contribute to his own support at home or
in a foster home;
(8) make restitution as provided in Section 5-5-6
of this Code;
(9) perform some reasonable public or community
service;
(10) serve a term of home confinement. In addition
to any other applicable condition of probation or
conditional discharge, the conditions of home confinement
shall be that the offender:
(i) remain within the interior premises of the
place designated for his confinement during the
hours designated by the court;
(ii) admit any person or agent designated by
the court into the offender's place of confinement
at any time for purposes of verifying the offender's
compliance with the conditions of his confinement;
and
(iii) if further deemed necessary by the court
or the Probation or Court Services Department, be
placed on an approved electronic monitoring device,
subject to Article 8A of Chapter V;
(iv) for persons convicted of any alcohol,
cannabis or controlled substance violation who are
placed on an approved monitoring device as a
condition of probation or conditional discharge, the
court shall impose a reasonable fee for each day of
the use of the device, as established by the county
board in subsection (g) of this Section, unless
after determining the inability of the offender to
pay the fee, the court assesses a lesser fee or no
fee as the case may be. This fee shall be imposed in
addition to the fees imposed under subsections (g)
and (i) of this Section. The fee shall be collected
by the clerk of the circuit court. The clerk of the
circuit court shall pay all monies collected from
this fee to the county treasurer for deposit in the
substance abuse services fund under Section 5-1086.1
of the Counties Code; and
(v) for persons convicted of offenses other
than those referenced in clause (iv) above and who
are placed on an approved monitoring device as a
condition of probation or conditional discharge, the
court shall impose a reasonable fee for each day of
the use of the device, as established by the county
board in subsection (g) of this Section, unless
after determining the inability of the defendant to
pay the fee, the court assesses a lesser fee or no
fee as the case may be. This fee shall be imposed
in addition to the fees imposed under subsections
(g) and (i) of this Section. The fee shall be
collected by the clerk of the circuit court. The
clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer who
shall use the monies collected to defray the costs
of corrections. The county treasurer shall deposit
the fee collected in the county working cash fund
under Section 6-27001 or Section 6-29002 of the
Counties Code, as the case may be.
(11) comply with the terms and conditions of an
order of protection issued by the court pursuant to the
Illinois Domestic Violence Act of 1986, as now or
hereafter amended. A copy of the order of protection
shall be transmitted to the probation officer or agency
having responsibility for the case;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council
Act for any reasonable expenses incurred by the program
on the offender's case, not to exceed the maximum amount
of the fine authorized for the offense for which the
defendant was sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, to a
"local anti-crime program", as defined in Section 7 of
the Anti-Crime Advisory Council Act;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer, if the defendant has been placed on
probation or advance approval by the court, if the
defendant was placed on conditional discharge;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug.
(c) The court may as a condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty of any alcohol, cannabis or controlled
substance violation, refrain from acquiring a driver's
license during the period of probation or conditional
discharge. If such person is in possession of a permit or
license, the court may require that the minor refrain from
driving or operating any motor vehicle during the period of
probation or conditional discharge, except as may be
necessary in the course of the minor's lawful employment.
(d) An offender sentenced to probation or to conditional
discharge shall be given a certificate setting forth the
conditions thereof.
(e) The court shall not require as a condition of the
sentence of probation or conditional discharge that the
offender be committed to a period of imprisonment in excess
of 6 months. This 6 month limit shall not include periods of
confinement given pursuant to a sentence of county impact
incarceration under Section 5-8-1.2.
Persons committed to imprisonment as a condition of
probation or conditional discharge shall not be committed to
the Department of Corrections.
(f) The court may combine a sentence of periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article 8 with a sentence of
probation or conditional discharge.
(g) An offender sentenced to probation or to conditional
discharge and who during the term of either undergoes
mandatory drug or alcohol testing, or both, or is assigned to
be placed on an approved electronic monitoring device, shall
be ordered to pay all costs incidental to such mandatory drug
or alcohol testing, or both, and all costs incidental to such
approved electronic monitoring in accordance with the
defendant's ability to pay those costs. The county board
with the concurrence of the Chief Judge of the judicial
circuit in which the county is located shall establish
reasonable fees for the cost of maintenance, testing, and
incidental expenses related to the mandatory drug or alcohol
testing, or both, and all costs incidental to approved
electronic monitoring, involved in a successful probation
program for the county. The concurrence of the Chief Judge
shall be in the form of an administrative order. The fees
shall be collected by the clerk of the circuit court. The
clerk of the circuit court shall pay all moneys collected
from these fees to the county treasurer who shall use the
moneys collected to defray the costs of drug testing, alcohol
testing, and electronic monitoring. The county treasurer
shall deposit the fees collected in the county working cash
fund under Section 6-27001 or Section 6-29002 of the Counties
Code, as the case may be.
(h) Jurisdiction over an offender may be transferred
from the sentencing court to the court of another circuit
with the concurrence of both courts, or to another state
under an Interstate Probation Reciprocal Agreement as
provided in Section 3-3-11. Further transfers or retransfers
of jurisdiction are also authorized in the same manner. The
court to which jurisdiction has been transferred shall have
the same powers as the sentencing court.
(i) The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to conditional discharge
after January 1, 1992, as a condition of such probation or
conditional discharge, a fee of $25 for each month of
probation or conditional discharge supervision ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge to pay the
fee, the court assesses a lesser fee. The court may not
impose the fee on a minor who is made a ward of the State
under the Juvenile Court Act of 1987 while the minor is in
placement. The fee shall be imposed only upon an offender who
is actively supervised by the probation and court services
department. The fee shall be collected by the clerk of the
circuit court. The clerk of the circuit court shall pay all
monies collected from this fee to the county treasurer for
deposit in the probation and court services fund under
Section 15.1 of the Probation and Probation Officers Act.
(j) All fines and costs imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 91-325, eff.
7-29-99.)
(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
Sec. 5-6-3.1. Incidents and Conditions of Supervision.
(a) When a defendant is placed on supervision, the court
shall enter an order for supervision specifying the period of
such supervision, and shall defer further proceedings in the
case until the conclusion of the period.
(b) The period of supervision shall be reasonable under
all of the circumstances of the case, but may not be longer
than 2 years, unless the defendant has failed to pay the
assessment required by Section 10.3 of the Cannabis Control
Act or Section 411.2 of the Illinois Controlled Substances
Act, in which case the court may extend supervision beyond 2
years. Additionally, the court shall order the defendant to
perform no less than 30 hours of community service and not
more than 120 hours of community service, if community
service is available in the jurisdiction and is funded and
approved by the county board where the offense was committed,
when the offense (1) was related to or in furtherance of the
criminal activities of an organized gang or was motivated by
the defendant's membership in or allegiance to an organized
gang; or (2) is a violation of any Section of Article 24 of
the Criminal Code of 1961 where a disposition of supervision
is not prohibited by Section 5-6-1 of this Code. The
community service shall include, but not be limited to, the
cleanup and repair of any damage caused by violation of
Section 21-1.3 of the Criminal Code of 1961 and similar
damages to property located within the municipality or county
in which the violation occurred. Where possible and
reasonable, the community service should be performed in the
offender's neighborhood.
For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(c) The court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the court require that
the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the
order of supervision;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for
the instruction or residence of defendants on probation;
(6) support his dependents;
(7) refrain from possessing a firearm or other
dangerous weapon;
(8) and in addition, if a minor:
(i) reside with his parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for
youth;
(iv) contribute to his own support at home or
in a foster home; and
(9) make restitution or reparation in an amount not
to exceed actual loss or damage to property and pecuniary
loss or make restitution under Section 5-5-6 to a
domestic violence shelter. The court shall determine the
amount and conditions of payment;
(10) perform some reasonable public or community
service;
(11) comply with the terms and conditions of an
order of protection issued by the court pursuant to the
Illinois Domestic Violence Act of 1986. If the court has
ordered the defendant to make a report and appear in
person under paragraph (1) of this subsection, a copy of
the order of protection shall be transmitted to the
person or agency so designated by the court;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council
Act for any reasonable expenses incurred by the program
on the offender's case, not to exceed the maximum amount
of the fine authorized for the offense for which the
defendant was sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, to a
"local anti-crime program", as defined in Section 7 of
the Anti-Crime Advisory Council Act;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of person, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug;
(17) refrain from operating any motor vehicle not
equipped with an ignition interlock device as defined in
Section 1-129.1 of the Illinois Vehicle Code. Under this
condition the court may allow a defendant who is not
self-employed to operate a vehicle owned by the
defendant's employer that is not equipped with an
ignition interlock device in the course and scope of the
defendant's employment.
(d) The court shall defer entering any judgment on the
charges until the conclusion of the supervision.
(e) At the conclusion of the period of supervision, if
the court determines that the defendant has successfully
complied with all of the conditions of supervision, the court
shall discharge the defendant and enter a judgment dismissing
the charges.
(f) Discharge and dismissal upon a successful conclusion
of a disposition of supervision shall be deemed without
adjudication of guilt and shall not be termed a conviction
for purposes of disqualification or disabilities imposed by
law upon conviction of a crime. Two years after the
discharge and dismissal under this Section, unless the
disposition of supervision was for a violation of Sections
3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
Vehicle Code or a similar provision of a local ordinance, or
for a violation of Sections 12-3.2 or 16A-3 of the Criminal
Code of 1961, in which case it shall be 5 years after
discharge and dismissal, a person may have his record of
arrest sealed or expunged as may be provided by law.
However, any defendant placed on supervision before January
1, 1980, may move for sealing or expungement of his arrest
record, as provided by law, at any time after discharge and
dismissal under this Section. A person placed on supervision
for a sexual offense committed against a minor as defined in
subsection (g) of Section 5 of the Criminal Identification
Act or for a violation of Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance
shall not have his or her record of arrest sealed or
expunged.
(g) A defendant placed on supervision and who during the
period of supervision undergoes mandatory drug or alcohol
testing, or both, or is assigned to be placed on an approved
electronic monitoring device, shall be ordered to pay the
costs incidental to such mandatory drug or alcohol testing,
or both, and costs incidental to such approved electronic
monitoring in accordance with the defendant's ability to pay
those costs. The county board with the concurrence of the
Chief Judge of the judicial circuit in which the county is
located shall establish reasonable fees for the cost of
maintenance, testing, and incidental expenses related to the
mandatory drug or alcohol testing, or both, and all costs
incidental to approved electronic monitoring, of all
defendants placed on supervision. The concurrence of the
Chief Judge shall be in the form of an administrative order.
The fees shall be collected by the clerk of the circuit
court. The clerk of the circuit court shall pay all moneys
collected from these fees to the county treasurer who shall
use the moneys collected to defray the costs of drug testing,
alcohol testing, and electronic monitoring. The county
treasurer shall deposit the fees collected in the county
working cash fund under Section 6-27001 or Section 6-29002 of
the Counties Code, as the case may be.
(h) A disposition of supervision is a final order for
the purposes of appeal.
(i) The court shall impose upon a defendant placed on
supervision after January 1, 1992, as a condition of
supervision, a fee of $25 for each month of supervision
ordered by the court, unless after determining the inability
of the person placed on supervision to pay the fee, the court
assesses a lesser fee. The court may not impose the fee on a
minor who is made a ward of the State under the Juvenile
Court Act of 1987 while the minor is in placement. The fee
shall be imposed only upon a defendant who is actively
supervised by the probation and court services department.
The fee shall be collected by the clerk of the circuit court.
The clerk of the circuit court shall pay all monies collected
from this fee to the county treasurer for deposit in the
probation and court services fund pursuant to Section 15.1 of
the Probation and Probation Officers Act.
(j) All fines and costs imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance,
and any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected
and disbursed by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(k) A defendant at least 17 years of age who is placed
on supervision for a misdemeanor in a county of 3,000,000 or
more inhabitants and who has not been previously convicted of
a misdemeanor or felony may as a condition of his or her
supervision be required by the court to attend educational
courses designed to prepare the defendant for a high school
diploma and to work toward a high school diploma or to work
toward passing the high school level Test of General
Educational Development (GED) or to work toward completing a
vocational training program approved by the court. The
defendant placed on supervision must attend a public
institution of education to obtain the educational or
vocational training required by this subsection (k). The
defendant placed on supervision shall be required to pay for
the cost of the educational courses or GED test, if a fee is
charged for those courses or test. The court shall revoke
the supervision of a person who wilfully fails to comply with
this subsection (k). The court shall resentence the
defendant upon revocation of supervision as provided in
Section 5-6-4. This subsection (k) does not apply to a
defendant who has a high school diploma or has successfully
passed the GED test. This subsection (k) does not apply to a
defendant who is determined by the court to be
developmentally disabled or otherwise mentally incapable of
completing the educational or vocational program.
(l) The court shall require a defendant placed on
supervision for possession of a substance prohibited by the
Cannabis Control Act or Illinois Controlled Substances Act
after a previous conviction or disposition of supervision for
possession of a substance prohibited by the Cannabis Control
Act or Illinois Controlled Substances Act or a sentence of
probation under Section 10 of the Cannabis Control Act or
Section 410 of the Illinois Controlled Substances Act and
after a finding by the court that the person is addicted, to
undergo treatment at a substance abuse program approved by
the court.
(m) The court shall require a defendant placed on
supervision for a violation of Section 3-707 of the Illinois
Vehicle Code or a similar provision of a local ordinance, as
a condition of supervision, to give proof of his or her
financial responsibility as defined in Section 7-315 of the
Illinois Vehicle Code. The proof shall be maintained by the
defendant in a manner satisfactory to the Secretary of State
for a minimum period of one year after the date the proof is
first filed. The Secretary of State shall suspend the
driver's license of any person determined by the Secretary to
be in violation of this subsection.
(Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 90-784, eff.
1-1-99; 91-127, eff. 1-1-00.)
ARTICLE 25. DRUG ABUSE
Section 25-10. The Cannabis Control Act is amended by
re-enacting Section 10 as follows:
(720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
Sec. 10. (a) Whenever any person who has not previously
been convicted of, or placed on probation or court
supervision for, any offense under this Act or any law of the
United States or of any State relating to cannabis, or
controlled substances as defined in the Illinois Controlled
Substances Act, pleads guilty to or is found guilty of
violating Sections 4 (a), 4 (b), 4 (c), 5 (a), 5 (b), 5 (c)
or 8 of this Act, the court may, without entering a judgment
and with the consent of such person, sentence him to
probation.
(b) When a person is placed on probation, the court
shall enter an order specifying a period of probation of 24
months, and shall defer further proceedings in the case until
the conclusion of the period or until the filing of a
petition alleging violation of a term or condition of
probation.
(c) The conditions of probation shall be that the
person: (1) not violate any criminal statute of any
jurisdiction; (2) refrain from possession of a firearm or
other dangerous weapon; (3) submit to periodic drug testing
at a time and in a manner as ordered by the court, but no
less than 3 times during the period of the probation, with
the cost of the testing to be paid by the probationer; and
(4) perform no less than 30 hours of community service,
provided community service is available in the jurisdiction
and is funded and approved by the county board.
(d) The court may, in addition to other conditions,
require that the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the
order of probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical or psychiatric treatment; or
treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for
the instruction or residence of defendants on probation;
(6) support his dependents;
(7) refrain from possessing a firearm or other
dangerous weapon;
(7-5) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug;
(8) and in addition, if a minor:
(i) reside with his parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for
youth;
(iv) contribute to his own support at home or
in a foster home.
(e) Upon violation of a term or condition of probation,
the court may enter a judgment on its original finding of
guilt and proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge such person and dismiss
the proceedings against him.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, discharge and dismissal
under this Section is not a conviction for purposes of
disqualification or disabilities imposed by law upon
conviction of a crime (including the additional penalty
imposed for subsequent offenses under Section 4 (c), 4 (d), 5
(c) or 5 (d) of this Act).
(h) Discharge and dismissal under this Section or under
Section 410 of the Illinois Controlled Substances Act may
occur only once with respect to any person.
(i) If a person is convicted of an offense under this
Act or the Illinois Controlled Substances Act within 5 years
subsequent to a discharge and dismissal under this Section,
the discharge and dismissal under this Section shall be
admissible in the sentencing proceeding for that conviction
as a factor in aggravation.
(Source: P.A. 88-510; 88-680, eff. 1-1-95.)
Section 25-15. The Illinois Controlled Substances Act is
amended by re-enacting Section 410 as follows:
(720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
Sec. 410. (a) Whenever any person who has not previously
been convicted of, or placed on probation or court
supervision for any offense under this Act or any law of the
United States or of any State relating to cannabis or
controlled substances, pleads guilty to or is found guilty of
possession of a controlled or counterfeit substance under
subsection (c) of Section 402, the court, without entering a
judgment and with the consent of such person, may sentence
him to probation.
(b) When a person is placed on probation, the court
shall enter an order specifying a period of probation of 24
months and shall defer further proceedings in the case until
the conclusion of the period or until the filing of a
petition alleging violation of a term or condition of
probation.
(c) The conditions of probation shall be that the
person: (1) not violate any criminal statute of any
jurisdiction; (2) refrain from possessing a firearm or other
dangerous weapon; (3) submit to periodic drug testing at a
time and in a manner as ordered by the court, but no less
than 3 times during the period of the probation, with the
cost of the testing to be paid by the probationer; and (4)
perform no less than 30 hours of community service, provided
community service is available in the jurisdiction and is
funded and approved by the county board.
(d) The court may, in addition to other conditions,
require that the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the
order of probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical or psychiatric treatment; or
treatment or rehabilitation approved by the Illinois
Department of Human Services;
(5) attend or reside in a facility established for
the instruction or residence of defendants on probation;
(6) support his dependents;
(6-5) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug;
(7) and in addition, if a minor:
(i) reside with his parents or in a foster
home;
(ii) attend school;
(iii) attend a non-residential program for
youth;
(iv) contribute to his own support at home or
in a foster home.
(e) Upon violation of a term or condition of probation,
the court may enter a judgment on its original finding of
guilt and proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss
the proceedings against him.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, discharge and dismissal
under this Section is not a conviction for purposes of this
Act or for purposes of disqualifications or disabilities
imposed by law upon conviction of a crime.
(h) There may be only one discharge and dismissal under
this Section or Section 10 of the Cannabis Control Act with
respect to any person.
(i) If a person is convicted of an offense under this
Act or the Cannabis Control Act within 5 years subsequent to
a discharge and dismissal under this Section, the discharge
and dismissal under this Section shall be admissible in the
sentencing proceeding for that conviction as evidence in
aggravation.
(Source: P.A. 88-510; 88-680, eff. 1-1-95; 89-507, eff.
7-1-97.)
ARTICLE 30. FIREARMS
Section 30-905. The Criminal Code of 1961 is amended by
re-enacting Sections 24-3A, 24-5, 24-6, and 32-10 as follows:
(720 ILCS 5/24-3A)
Sec. 24-3A. Gunrunning.
(a) A person commits gunrunning when he or she transfers
3 or more firearms in violation of any of the paragraphs of
Section 24-3 of this Code.
(b) Sentence. A person who commits gunrunning is guilty
of a Class 1 felony. A person who commits gunrunning by
transferring firearms to a person who, at the time of the
commission of the offense, is under 18 years of age is guilty
of a Class X felony.
(Source: P.A. 91-13, eff. 1-1-00.)
(720 ILCS 5/24-5) (from Ch. 38, par. 24-5)
Sec. 24-5. Defacing identification marks of firearms.
(a) Any person who shall knowingly or intentionally
change, alter, remove or obliterate the name of the maker,
model, manufacturer's number or other mark of identification
of any firearm commits a Class 2 felony.
(b) Possession of any firearm upon which any such mark
shall have been changed, altered, removed or obliterated
shall be prima facie evidence that the possessor has changed,
altered, removed or obliterated the same.
(Source: P.A. 88-680, eff. 1-1-95.)
(720 ILCS 5/24-6) (from Ch. 38, par. 24-6)
Sec. 24-6. Confiscation and disposition of weapons.
(a) Upon conviction of an offense in which a weapon was
used or possessed by the offender, any weapon seized shall be
confiscated by the trial court.
(b) Any stolen weapon so confiscated, when no longer
needed for evidentiary purposes, shall be returned to the
person entitled to possession, if known. After the
disposition of a criminal case or in any criminal case where
a final judgment in the case was not entered due to the death
of the defendant, and when a confiscated weapon is no longer
needed for evidentiary purposes, and when in due course no
legitimate claim has been made for the weapon, the court may
transfer the weapon to the sheriff of the county who may
proceed to destroy it, or may in its discretion order the
weapon preserved as property of the governmental body whose
police agency seized the weapon, or may in its discretion
order the weapon to be transferred to the Department of State
Police for use by the crime laboratory system, for training
purposes, or for any other application as deemed appropriate
by the Department. If, after the disposition of a criminal
case, a need still exists for the use of the confiscated
weapon for evidentiary purposes, the court may transfer the
weapon to the custody of the State Department of Corrections
for preservation. The court may not order the transfer of
the weapon to any private individual or private organization
other than to return a stolen weapon to its rightful owner.
The provisions of this Section shall not apply to
violations of the Fish and Aquatic Life Code or the Wildlife
Code. Confiscation of weapons for Fish and Aquatic Life Code
and Wildlife Code violations shall be only as provided in
those Codes.
(c) Any mental hospital that admits a person as an
inpatient pursuant to any of the provisions of the Mental
Health and Developmental Disabilities Code shall confiscate
any firearms in the possession of that person at the time of
admission, or at any time the firearms are discovered in the
person's possession during the course of hospitalization. The
hospital shall, as soon as possible following confiscation,
transfer custody of the firearms to the appropriate law
enforcement agency. The hospital shall give written notice to
the person from whom the firearm was confiscated of the
identity and address of the law enforcement agency to which
it has given the firearm.
The law enforcement agency shall maintain possession of
any firearm it obtains pursuant to this subsection for a
minimum of 90 days. Thereafter, the firearm may be disposed
of pursuant to the provisions of subsection (b) of this
Section.
(Source: P.A. 87-464; 87-895; 88-352; 88-680, eff. 1-1-95.)
(720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
Sec. 32-10. Violation of bail bond.
(a) Whoever, having been admitted to bail for appearance
before any court of this State, incurs a forfeiture of the
bail and willfully fails to surrender himself within 30 days
following the date of such forfeiture, commits, if the bail
was given in connection with a charge of felony or pending
appeal or certiorari after conviction of any offense, a
felony of the next lower Class or a Class A misdemeanor if
the underlying offense was a Class 4 felony; or, if the bail
was given in connection with a charge of committing a
misdemeanor, or for appearance as a witness, commits a
misdemeanor of the next lower Class, but not less than a
Class C misdemeanor.
(a-5) Any person who violates a condition of bail bond
by possessing a firearm in violation of his or her conditions
of bail commits a Class 4 felony for a first violation and a
Class 3 felony for a second violation.
(b) Whoever, having been admitted to bail for appearance
before any court of this State, while charged with a criminal
offense in which the victim is a family or household member
as defined in Article 112A of the Code of Criminal Procedure
of 1963, knowingly violates a condition of that release as
set forth in Section 110-10, subsection (d) of the Code of
Criminal Procedure of 1963, commits a Class A misdemeanor.
(c) Whoever, having been admitted to bail for appearance
before any court of this State for a felony, Class A
misdemeanor or a criminal offense in which the victim is a
family or household member as defined in Article 112A of the
Code of Criminal Procedure of 1963, is charged with any other
felony, Class A misdemeanor, or a criminal offense in which
the victim is a family or household member as defined in
Article 112A of the Code of Criminal Procedure of 1963 while
on such release, must appear before the court before bail is
statutorily set.
(d) Nothing in this Section shall interfere with or
prevent the exercise by any court of its power to punishment
for contempt. Any sentence imposed for violation of this
Section shall be served consecutive to the sentence imposed
for the charge for which bail had been granted and with
respect to which the defendant has been convicted.
(Source: P.A. 88-430; 88-680, eff. 1-1-95; 89-203, eff.
7-21-95.)
Section 30-910. The Code of Criminal Procedure of 1963
is amended by re-enacting Section 110-10 as follows:
(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
Sec. 110-10. Conditions of bail bond.
(a) If a person is released prior to conviction, either
upon payment of bail security or on his or her own
recognizance, the conditions of the bail bond shall be that
he or she will:
(1) Appear to answer the charge in the court having
jurisdiction on a day certain and thereafter as ordered
by the court until discharged or final order of the
court;
(2) Submit himself or herself to the orders and
process of the court;
(3) Not depart this State without leave of the
court;
(4) Not violate any criminal statute of any
jurisdiction;
(5) At a time and place designated by the court,
surrender all firearms in his or her possession to a law
enforcement officer designated by the court to take
custody of and impound the firearms when the offense the
person has been charged with is a forcible felony,
stalking, aggravated stalking, domestic battery, any
violation of either the Illinois Controlled Substances
Act or the Cannabis Control Act that is classified as a
Class 2 or greater felony, or any felony violation of
Article 24 of the Criminal Code of 1961; the court may,
however, forgo forego the imposition of this condition
when the circumstances of the case clearly do not warrant
it or when its imposition would be impractical; all
legally possessed firearms shall be returned to the
person upon that person completing a sentence for a
conviction on a misdemeanor domestic battery, upon the
charges being dismissed, or if the person is found not
guilty, unless the finding of not guilty is by reason of
insanity; and
(6) At a time and place designated by the court,
submit to a psychological evaluation when the person has
been charged with a violation of item (4) of subsection
(a) of Section 24-1 of the Criminal Code of 1961 and that
violation occurred in a school or in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school-related activity,
or on any public way within 1,000 feet of real property
comprising any school.
Psychological evaluations ordered pursuant to this
Section shall be completed promptly and made available to the
State, the defendant, and the court. As a further condition
of bail under these circumstances, the court shall order the
defendant to refrain from entering upon the property of the
school, including any conveyance owned, leased, or contracted
by a school to transport students to or from school or a
school-related activity, or on any public way within 1,000
feet of real property comprising any school. Upon receipt of
the psychological evaluation, either the State or the
defendant may request a change in the conditions of bail,
pursuant to Section 110-6 of this Code. The court may change
the conditions of bail to include a requirement that the
defendant follow the recommendations of the psychological
evaluation, including undergoing psychiatric treatment. The
conclusions of the psychological evaluation and any
statements elicited from the defendant during its
administration are not admissible as evidence of guilt during
the course of any trial on the charged offense, unless the
defendant places his or her mental competency in issue.
(b) The court may impose other conditions, such as the
following, if the court finds that such conditions are
reasonably necessary to assure the defendant's appearance in
court, protect the public from the defendant, or prevent the
defendant's unlawful interference with the orderly
administration of justice:
(1) Report to or appear in person before such
person or agency as the court may direct;
(2) Refrain from possessing a firearm or other
dangerous weapon;
(3) Refrain from approaching or communicating with
particular persons or classes of persons;
(4) Refrain from going to certain described
geographical areas or premises;
(5) Refrain from engaging in certain activities or
indulging in intoxicating liquors or in certain drugs;
(6) Undergo treatment for drug addiction or
alcoholism;
(7) Undergo medical or psychiatric treatment;
(8) Work or pursue a course of study or vocational
training;
(9) Attend or reside in a facility designated by
the court;
(10) Support his or her dependents;
(11) If a minor resides with his or her parents or
in a foster home, attend school, attend a non-residential
program for youths, and contribute to his or her own
support at home or in a foster home;
(12) Observe any curfew ordered by the court;
(13) Remain in the custody of such designated
person or organization agreeing to supervise his release.
Such third party custodian shall be responsible for
notifying the court if the defendant fails to observe the
conditions of release which the custodian has agreed to
monitor, and shall be subject to contempt of court for
failure so to notify the court;
(14) Be placed under direct supervision of the
Pretrial Services Agency, Probation Department or Court
Services Department in a pretrial bond home supervision
capacity with or without the use of an approved
electronic monitoring device subject to Article 8A of
Chapter V of the Unified Code of Corrections; or
(14.1) The court shall impose upon a defendant who
is charged with any alcohol, cannabis or controlled
substance violation and is placed under direct
supervision of the Pretrial Services Agency, Probation
Department or Court Services Department in a pretrial
bond home supervision capacity with the use of an
approved monitoring device, as a condition of such bail
bond, a fee that represents costs incidental to the
electronic monitoring for each day of such bail
supervision ordered by the court, unless after
determining the inability of the defendant to pay the
fee, the court assesses a lesser fee or no fee as the
case may be. The fee shall be collected by the clerk of
the circuit court. The clerk of the circuit court shall
pay all monies collected from this fee to the county
treasurer for deposit in the substance abuse services
fund under Section 5-1086.1 of the Counties Code;
(14.2) The court shall impose upon all defendants,
including those defendants subject to paragraph (14.1)
above, placed under direct supervision of the Pretrial
Services Agency, Probation Department or Court Services
Department in a pretrial bond home supervision capacity
with the use of an approved monitoring device, as a
condition of such bail bond, a fee which shall represent
costs incidental to such electronic monitoring for each
day of such bail supervision ordered by the court, unless
after determining the inability of the defendant to pay
the fee, the court assesses a lesser fee or no fee as the
case may be. The fee shall be collected by the clerk of
the circuit court. The clerk of the circuit court shall
pay all monies collected from this fee to the county
treasurer who shall use the monies collected to defray
the costs of corrections. The county treasurer shall
deposit the fee collected in the county working cash fund
under Section 6-27001 or Section 6-29002 of the Counties
Code, as the case may be;
(15) Comply with the terms and conditions of an
order of protection issued by the court under the
Illinois Domestic Violence Act of 1986;
(16) Under Section 110-6.5 comply with the
conditions of the drug testing program; and
(17) Such other reasonable conditions as the court
may impose.
(c) When a person is charged with an offense under
Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
"Criminal Code of 1961", involving a victim who is a minor
under 18 years of age living in the same household with the
defendant at the time of the offense, in granting bail or
releasing the defendant on his own recognizance, the judge
shall impose conditions to restrict the defendant's access to
the victim which may include, but are not limited to
conditions that he will:
1. Vacate the Household.
2. Make payment of temporary support to his
dependents.
3. Refrain from contact or communication with the
child victim, except as ordered by the court.
(d) When a person is charged with a criminal offense and
the victim is a family or household member as defined in
Article 112A, conditions shall be imposed at the time of the
defendant's release on bond that restrict the defendant's
access to the victim. Unless provided otherwise by the court,
the restrictions shall include requirements that the
defendant do the following:
(1) refrain from contact or communication with the
victim for a minimum period of 72 hours following the
defendant's release; and
(2) refrain from entering or remaining at the
victim's residence for a minimum period of 72 hours
following the defendant's release.
(e) Local law enforcement agencies shall develop
standardized bond forms for use in cases involving family or
household members as defined in Article 112A, including
specific conditions of bond as provided in subsection (d).
Failure of any law enforcement department to develop or use
those forms shall in no way limit the applicability and
enforcement of subsections (d) and (f).
(f) If the defendant is admitted to bail after
conviction the conditions of the bail bond shall be that he
will, in addition to the conditions set forth in subsections
(a) and (b) hereof:
(1) Duly prosecute his appeal;
(2) Appear at such time and place as the court may
direct;
(3) Not depart this State without leave of the
court;
(4) Comply with such other reasonable conditions as
the court may impose; and,
(5) If the judgment is affirmed or the cause
reversed and remanded for a new trial, forthwith
surrender to the officer from whose custody he was
bailed.
(Source: P.A. 90-399, eff. 1-1-98; 91-11, eff. 6-4-99;
91-312, eff. 1-1-00; revised 10-15-99.)
ARTICLE 35
Section 35-5. The Criminal Code of 1961 is amended by
re-enacting Sections 8-4, 12-4.2, and 24-1.2 as follows:
(720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
Sec. 8-4. Attempt.
(a) Elements of the Offense.
A person commits an attempt when, with intent to commit a
specific offense, he does any act which constitutes a
substantial step toward the commission of that offense.
(b) Impossibility.
It shall not be a defense to a charge of attempt that
because of a misapprehension of the circumstances it would
have been impossible for the accused to commit the offense
attempted.
(c) Sentence.
A person convicted of an attempt may be fined or
imprisoned or both not to exceed the maximum provided for the
offense attempted but, except for an attempt to commit the
offense defined in Section 33A-2 of this Act,
(1) the sentence for attempt to commit first degree
murder is the sentence for a Class X felony, except that
(A) an attempt to commit first degree murder
when at least one of the aggravating factors
specified in paragraphs (1), (2) and (12) of
subsection (b) of Section 9-1 is present is a Class
X felony for which the sentence shall be a term of
imprisonment of not less than 20 years and not more
than 80 years;
(B) an attempt to commit first degree murder
while armed with a firearm is a Class X felony for
which 15 years shall be added to the term of
imprisonment imposed by the court;
(C) an attempt to commit first degree murder
during which the person personally discharged a
firearm is a Class X felony for which 20 years shall
be added to the term of imprisonment imposed by the
court;
(D) an attempt to commit first degree murder
during which the person personally discharged a
firearm that proximately caused great bodily harm,
permanent disability, permanent disfigurement, or
death to another person, is a Class X felony for
which 25 years or up to a term of natural life shall
be added to the term of imprisonment imposed by the
court.
(2) the sentence for attempt to commit a Class X
felony is the sentence for a Class 1 felony;
(3) the sentence for attempt to commit a Class 1
felony is the sentence for a Class 2 felony;
(4) the sentence for attempt to commit a Class 2
felony is the sentence for a Class 3 felony; and
(5) the sentence for attempt to commit any felony
other than those specified in Subsections (1), (2), (3)
and (4) hereof is the sentence for a Class A misdemeanor.
(Source: P.A. 91-404, eff. 1-1-00.)
(720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2)
Sec. 12-4.2. Aggravated Battery with a firearm.
(a) A person commits aggravated battery with a firearm
when he, in committing a battery, knowingly or intentionally
by means of the discharging of a firearm (1) causes any
injury to another person, or (2) causes any injury to a
person he knows to be a peace officer, a community policing
volunteer, a correctional institution employee or a fireman
while the officer, volunteer, employee or fireman is engaged
in the execution of any of his official duties, or to prevent
the officer, volunteer, employee or fireman from performing
his official duties, or in retaliation for the officer,
volunteer, employee or fireman performing his official
duties, or (3) causes any injury to a person he knows to be
an emergency medical technician - ambulance, emergency
medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other medical
assistance or first aid personnel, employed by a municipality
or other governmental unit, while the emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first aid
personnel is engaged in the execution of any of his official
duties, or to prevent the emergency medical technician -
ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance driver,
or other medical assistance or first aid personnel from
performing his official duties, or in retaliation for the
emergency medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver, or other medical assistance or
first aid personnel performing his official duties, or (4)
causes any injury to a person he or she knows to be a teacher
or other person employed in a school and the teacher or other
employee is upon grounds of a school or grounds adjacent to a
school, or is in any part of a building used for school
purposes.
(b) A violation of subsection (a) (1) of this Section is
a Class X felony. A violation of subsection (a) (2),
subsection (a) (3), or subsection (a)(4) of this Section is
a Class X felony for which the sentence shall be a term of
imprisonment of no less than 15 years and no more than 60
years.
(c) For purposes of this Section, "firearm" is defined
as in "An Act relating to the acquisition, possession and
transfer of firearms and firearm ammunition, to provide a
penalty for the violation thereof and to make an
appropriation in connection therewith", approved August 1,
1967, as amended.
(Source: P.A. 90-651, eff. 1-1-99; 91-434, eff. 1-1-00.)
(720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
Sec. 24-1.2. Aggravated discharge of a firearm.
(a) A person commits aggravated discharge of a firearm
when he or she knowingly or intentionally:
(1) Discharges a firearm at or into a building he
or she knows or reasonably should know to be occupied and
the firearm is discharged from a place or position
outside that building;
(2) Discharges a firearm in the direction of
another person or in the direction of a vehicle he or she
knows or reasonably should know to be occupied by a
person;
(3) Discharges a firearm in the direction of a
person he or she knows to be a peace officer, a community
policing volunteer, a correctional institution employee,
or a fireman while the officer, volunteer, employee or
fireman is engaged in the execution of any of his or her
official duties, or to prevent the officer, volunteer,
employee or fireman from performing his or her official
duties, or in retaliation for the officer, volunteer,
employee or fireman performing his or her official
duties;
(4) Discharges a firearm in the direction of a
vehicle he or she knows to be occupied by a peace
officer, a person summoned or directed by a peace
officer, a correctional institution employee or a fireman
while the officer, employee or fireman is engaged in the
execution of any of his or her official duties, or to
prevent the officer, employee or fireman from performing
his or her official duties, or in retaliation for the
officer, employee or fireman performing his or her
official duties;
(5) Discharges a firearm in the direction of a
person he or she knows to be an emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first
aid personnel, employed by a municipality or other
governmental unit, while the emergency medical technician
- ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance
driver, or other medical assistance or first aid
personnel is engaged in the execution of any of his or
her official duties, or to prevent the emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first
aid personnel from performing his or her official duties,
or in retaliation for the emergency medical technician -
ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance
driver, or other medical assistance or first aid
personnel performing his or her official duties; or
(6) Discharges a firearm in the direction of a
vehicle he or she knows to be occupied by an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver, or other medical assistance
or first aid personnel, employed by a municipality or
other governmental unit, while the emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first
aid personnel is engaged in the execution of any of his
or her official duties, or to prevent the emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver, or other medical assistance
or first aid personnel from performing his or her
official duties, or in retaliation for the emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver, or other medical assistance
or first aid personnel performing his or her official
duties; or
(7) Discharges a firearm in the direction of a
person he or she knows to be a teacher or other person
employed in any school and the teacher or other employee
is upon the grounds of a school or grounds adjacent to a
school, or is in any part of a building used for school
purposes.
(b) A violation of subsection (a)(1) or subsection
(a)(2) of this Section is a Class 1 felony. A violation of
subsection (a)(1) or (a)(2) of this Section committed in a
school, on the real property comprising a school, within
1,000 feet of the real property comprising a school, at a
school related activity or on or within 1,000 feet of any
conveyance owned, leased, or contracted by a school to
transport students to or from school or a school related
activity, regardless of the time of day or time of year that
the offense was committed is a Class X felony. A violation of
subsection (a)(3), (a)(4), (a)(5), (a)(6), or (a)(7) of this
Section is a Class X felony for which the sentence shall be a
term of imprisonment of no less than 10 years and not more
than 45 years.
(c) For purposes of this Section:
"School" means a public or private elementary or
secondary school, community college, college, or university.
"School related activity" means any sporting, social,
academic, or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole or
in part by a school or school district.
(Source: P.A. 90-651, eff. 1-1-99; 91-12, eff. 1-1-00;
91-357, eff. 7-29-99; 91-434, eff. 1-1-00; revised 8-30-99.)
ARTICLE 40
Section 40-10. The Criminal Code of 1961 is amended by
re-enacting Section 12-6.1 as follows:
(720 ILCS 5/12-6.1) (from Ch. 38, par. 12-6.1)
Sec. 12-6.1. Compelling organization membership of
persons. A person who expressly or impliedly threatens to do
bodily harm or does bodily harm to an individual or to that
individual's family or uses any other criminally unlawful
means to solicit or cause any person to join, or deter any
person from leaving, any organization or association
regardless of the nature of such organization or association,
is guilty of a Class 2 felony.
Any person of the age of 18 years or older who expressly
or impliedly threatens to do bodily harm or does bodily harm
to a person under 18 years of age or uses any other
criminally unlawful means to solicit or cause any person
under 18 years of age to join, or deter any person under 18
years of age from leaving, any organization or association
regardless of the nature of such organization or association
is guilty of a Class 1 felony.
A person convicted of an offense under this Section shall
not be eligible to receive a sentence of probation,
conditional discharge, or periodic imprisonment.
(Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 1-1-96; 89-314,
eff. 1-1-96; 89-626, eff. 8-9-96.)
ARTICLE 50
Section 50-5. The Criminal Code of 1961 is amended by
re-enacting Sections 11-14, 11-14.1, 11-16, 11-19, 11-19.1,
11-19.2, 24-3, 24-3.1, 33A-1, 33A-3, and 33F-1 as follows:
(720 ILCS 5/11-14) (from Ch. 38, par. 11-14)
Sec. 11-14. Prostitution.
(a) Any person who performs, offers or agrees to perform
any act of sexual penetration as defined in Section 12-12 of
this Code for any money, property, token, object, or article
or anything of value, or any touching or fondling of the sex
organs of one person by another person, for any money,
property, token, object, or article or anything of value, for
the purpose of sexual arousal or gratification commits an act
of prostitution.
(b) Sentence.
Prostitution is a Class A misdemeanor. A person convicted
of a second or subsequent violation of this Section, or of
any combination of such number of convictions under this
Section and Sections 11-15 , 11-17, 11-18, 11-18.1 and 11-19
of this Code is guilty of a Class 4 felony. When a person has
one or more prior convictions, the information or indictment
charging that person shall state such prior conviction so as
to give notice of the State's intention to treat the charge
as a felony. The fact of such prior conviction is not an
element of the offense and may not be disclosed to the jury
during trial unless otherwise permitted by issues properly
raised during such trial.
(c) A person who violates this Section within 1,000 feet
of real property comprising a school commits a Class 4
felony.
(Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00;
revised 10-20-99.)
(720 ILCS 5/11-14.1)
Sec. 11-14.1. Solicitation of a sexual act.
(a) Any person who offers a person not his or her spouse
any money, property, token, object, or article or anything of
value to perform any act of sexual penetration as defined in
Section 12-12 of this Code, or any touching or fondling of
the sex organs of one person by another person for the
purpose of sexual arousal or gratification, commits the
offense of solicitation of a sexual act.
(b) Sentence. Solicitation of a sexual act is a Class B
misdemeanor.
(Source: P.A. 88-325; 88-680, eff. 1-1-95.)
(720 ILCS 5/11-16) (from Ch. 38, par. 11-16)
Sec. 11-16. Pandering.
(a) Any person who performs any of the following acts
for any money, property, token, object, or article or
anything of value commits pandering:
(1) Compels a person to become a prostitute; or
(2) Arranges or offers to arrange a situation in
which a person may practice prostitution.
(b) Sentence.
Pandering by compulsion is a Class 4 felony. Pandering
other than by compulsion is a Class 4 felony.
(c) A person who violates this Section within 1,000 feet
of real property comprising a school commits a Class 3
felony.
(Source: P.A. 91-274, eff. 1-1-00.)
(720 ILCS 5/11-19) (from Ch. 38, par. 11-19)
Sec. 11-19. Pimping.
(a) Any person who receives any money, property, token,
object, or article or anything of value from a prostitute,
not for a lawful consideration, knowing it was earned in
whole or in part from the practice of prostitution, commits
pimping.
(b) Sentence.
Pimping is a Class A misdemeanor. A person convicted of a
second or subsequent violation of this Section, or of any
combination of such number of convictions under this Section
and Sections 11-14, 11-15, 11-17, 11-18 and 11-18.1 of this
Code is guilty of a Class 4 felony. When a person has one or
more prior convictions, the information or indictment
charging that person shall state such prior conviction so as
to give notice of the State's intention to treat the charge
as a felony. The fact of such conviction is not an element
of the offense and may not be disclosed to the jury during
trial unless otherwise permitted by issues properly raised
during such trial.
(c) A person who violates this Section within 1,000 feet
of real property comprising a school commits a Class 4
felony.
(Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00;
revised 10-20-99.)
(720 ILCS 5/11-19.1) (from Ch. 38, par. 11-19.1)
Sec. 11-19.1. Juvenile Pimping.
(a) Any person who receives any money, property, token,
object, or article or anything of value from a prostitute
under 16 years of age or from a prostitute who is an
institutionalized severely or profoundly mentally retarded
person, not for a lawful consideration, knowing it was earned
in whole or in part from the practice of prostitution,
commits juvenile pimping.
(b) It is an affirmative defense to a charge of juvenile
pimping that the accused reasonably believed the person was
of the age of 16 years or over or was not an
institutionalized severely or profoundly mentally retarded
person at the time of the act giving rise to the charge.
(c) Sentence.
Juvenile pimping is a Class 1 felony.
(Source: P.A. 88-680, eff. 1-1-95.)
(720 ILCS 5/11-19.2) (from Ch. 38, par. 11-19.2)
Sec. 11-19.2. Exploitation of a child.
(A) A person commits exploitation of a child when he or
she confines a child under the age of 16 or an
institutionalized severely or profoundly mentally retarded
person against his or her will by the infliction or threat of
imminent infliction of great bodily harm, permanent
disability or disfigurement or by administering to the child
or an institutionalized severely or profoundly mentally
retarded person without his or her consent or by threat or
deception and for other than medical purposes, any alcoholic
intoxicant or a drug as defined in the Illinois Controlled
Substances Act or the Cannabis Control Act and:
(1) compels the child or an institutionalized
severely or profoundly mentally retarded person to become
a prostitute; or
(2) arranges a situation in which the child or an
institutionalized severely or profoundly mentally
retarded person may practice prostitution; or
(3) receives any money, property, token, object, or
article or anything of value from the child or an
institutionalized severely or profoundly mentally
retarded person knowing it was obtained in whole or in
part from the practice of prostitution.
(B) For purposes of this Section, administering drugs,
as defined in subsection (A), or an alcoholic intoxicant to a
child under the age of 13 or an institutionalized severely or
profoundly mentally retarded person shall be deemed to be
without consent if such administering is done without the
consent of the parents or legal guardian.
(C) Exploitation of a child is a Class X felony.
(D) Any person convicted under this Section is subject
to the forfeiture provisions of Section 11-20.1A of this Act.
(Source: P.A. 91-357, eff. 7-29-99.)
(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
Sec. 24-3. Unlawful Sale of Firearms.
(A) A person commits the offense of unlawful sale of
firearms when he or she knowingly does any of the following:
(a) Sells or gives any firearm of a size which may
be concealed upon the person to any person under 18 years
of age.; or
(b) Sells or gives any firearm to a person under 21
years of age who has been convicted of a misdemeanor
other than a traffic offense or adjudged delinquent.; or
(c) Sells or gives any firearm to any narcotic
addict.; or
(d) Sells or gives any firearm to any person who
has been convicted of a felony under the laws of this or
any other jurisdiction.; or
(e) Sells or gives any firearm to any person who
has been a patient in a mental hospital within the past 5
years.; or
(f) Sells or gives any firearms to any person who
is mentally retarded.; or
(g) Delivers any firearm of a size which may be
concealed upon the person, incidental to a sale, without
withholding delivery of such firearm for at least 72
hours after application for its purchase has been made,
or delivers any rifle, shotgun or other long gun,
incidental to a sale, without withholding delivery of
such rifle, shotgun or other long gun for at least 24
hours after application for its purchase has been made.
However, this paragraph (g) does shall not apply to: (1)
the sale of a firearm to a law enforcement officer or a
person who desires to purchase a firearm for use in
promoting the public interest incident to his or her
employment as a bank guard, armed truck guard, or other
similar employment; or (2) a mail order sale of a firearm
to a nonresident of Illinois under which the firearm is
mailed to a point outside the boundaries of Illinois; or
(3) the sale of a firearm to a nonresident of Illinois
while at a firearm showing or display recognized by the
Illinois Department of State Police; or (4) the sale of a
firearm to a dealer licensed under the Federal Firearms
Act of the United States.; or
(h) While holding any license under the federal
"Gun Control Act of 1968", as amended, as a dealer,
importer, manufacturer or pawnbroker under the federal
Gun Control Act of 1968,; manufactures, sells or delivers
to any unlicensed person a handgun having a barrel,
slide, frame or receiver which is a die casting of zinc
alloy or any other nonhomogeneous metal which will melt
or deform at a temperature of less than 800 degrees
Fahrenheit. For purposes of this paragraph, (1)
"firearm" is defined as in the Firearm Owners
Identification Card Act "An Act relating to the
acquisition, possession and transfer of firearms and
firearm ammunition, to provide a penalty for the
violation thereof and to make an appropriation in
connection therewith", approved August 3, 1967, as
amended; and (2) "handgun" is defined as a firearm
designed to be held and fired by the use of a single
hand, and includes a combination of parts from which such
a firearm can be assembled.; or
(i) Sells or gives a firearm of any size to any
person under 18 years of age who does not possess a valid
Firearm Owner's Identification Card.
(B) (j) Paragraph (h) of subsection (A) does this
Section shall not include firearms sold within 6 months after
enactment of Public Act 78-355 (approved August 21, 1973,
effective October 1, 1973) this amendatory Act of 1973, nor
is shall any firearm legally owned or possessed by any
citizen or purchased by any citizen within 6 months after the
enactment of Public Act 78-355 this amendatory Act of 1973 be
subject to confiscation or seizure under the provisions of
that Public this amendatory Act of 1973. Nothing in Public
Act 78-355 this amendatory Act of 1973 shall be construed to
prohibit the gift or trade of any firearm if that firearm was
legally held or acquired within 6 months after the enactment
of that Public this amendatory Act of 1973.
(C) (k) Sentence.
(1) Any person convicted of unlawful sale of
firearms in violation of any of paragraphs (c) through
(h) of subsection (A) commits a Class 4 felony.
(2) Any person convicted of unlawful sale of
firearms in violation of paragraph (b) or (i) of
subsection (A) commits a Class 3 felony.
(3) Any person convicted of unlawful sale of
firearms in violation of paragraph (a) of subsection (A)
commits a Class 2 felony.
(4) Any person convicted of unlawful sale of
firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property
comprising a school, within 1,000 feet of the real
property comprising a school, at a school related
activity, or on or within 1,000 feet of any conveyance
owned, leased, or contracted by a school or school
district to transport students to or from school or a
school related activity, regardless of the time of day or
time of year at which that the offense was committed,
commits a Class 1 felony. Any person convicted of a
second or subsequent violation of unlawful sale of
firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property
comprising a school, within 1,000 feet of the real
property comprising a school, at a school related
activity, or on or within 1,000 feet of any conveyance
owned, leased, or contracted by a school or school
district to transport students to or from school or a
school related activity, regardless of the time of day or
time of year at which that the offense was committed,
commits a Class 1 felony for which the sentence shall be
a term of imprisonment of no less than 5 years and no
more than 15 years.
(5) Any person convicted of unlawful sale of
firearms in violation of paragraph (a) or (i) of
subsection (A) in residential property owned, operated,
or managed by a public housing agency or leased by a
public housing agency as part of a scattered site or
mixed-income development, in a public park, in a
courthouse, on residential property owned, operated, or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or
mixed-income development, on the real property comprising
any public park, on the real property comprising any
courthouse, or on any public way within 1,000 feet of the
real property comprising any public park, courthouse, or
residential property owned, operated, or managed by a
public housing agency or leased by a public housing
agency as part of a scattered site or mixed-income
development commits a Class 2 felony.
(D) (6) For purposes of this Section:
"School" means a public or private elementary or
secondary school, community college, college, or university.
"School related activity" means any sporting, social,
academic, or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole or
in part by a school or school district.
(Source: P.A. 91-12, eff. 1-1-00; 91-673, eff. 12-22-99;
revised 1-7-00.)
(720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
Sec. 24-3.1. Unlawful possession of firearms and firearm
ammunition.
(a) A person commits the offense of unlawful possession
of firearms or firearm ammunition when:
(1) He is under 18 years of age and has in his
possession any firearm of a size which may be concealed
upon the person; or
(2) He is under 21 years of age, has been convicted
of a misdemeanor other than a traffic offense or adjudged
delinquent and has any firearms or firearm ammunition in
his possession; or
(3) He is a narcotic addict and has any firearms or
firearm ammunition in his possession; or
(4) He has been a patient in a mental hospital
within the past 5 years and has any firearms or firearm
ammunition in his possession; or
(5) He is mentally retarded and has any firearms or
firearm ammunition in his possession; or
(6) He has in his possession any explosive bullet.
For purposes of this paragraph "explosive bullet" means
the projectile portion of an ammunition cartridge which
contains or carries an explosive charge which will explode
upon contact with the flesh of a human or an animal.
"Cartridge" means a tubular metal case having a projectile
affixed at the front thereof and a cap or primer at the rear
end thereof, with the propellant contained in such tube
between the projectile and the cap; or
(b) Sentence.
Unlawful possession of firearms, other than handguns, and
firearm ammunition is a Class A misdemeanor. Unlawful
possession of handguns is a Class 4 felony.
(Source: P.A. 88-680, eff. 1-1-95.)
(720 ILCS 5/33A-1) (from Ch. 38, par. 33A-1)
Sec. 33A-1. Legislative intent and definitions.
(a) Legislative findings. The legislature finds and
declares the following:
(1) The use of a dangerous weapon in the commission
of a felony offense poses a much greater threat to the
public health, safety, and general welfare, than when a
weapon is not used in the commission of the offense.
(2) Further, the use of a firearm greatly
facilitates the commission of a criminal offense because
of the more lethal nature of a firearm and the greater
perceived threat produced in those confronted by a person
wielding a firearm. Unlike other dangerous weapons such
as knives and clubs, the use of a firearm in the
commission of a criminal felony offense significantly
escalates the threat and the potential for bodily harm,
and the greater range of the firearm increases the
potential for harm to more persons. Not only are the
victims and bystanders at greater risk when a firearm is
used, but also the law enforcement officers whose duty
is to confront and apprehend the armed suspect.
(3) Current law does contain offenses involving the
use or discharge of a gun toward or against a person,
such as aggravated battery with a firearm, aggravated
discharge of a firearm, and reckless discharge of a
firearm; however, the General Assembly has legislated
greater penalties for the commission of a felony while in
possession of a firearm because it deems such acts as
more serious.
(b) Legislative intent.
(1) In order to deter the use of firearms in the
commission of a felony offense, the General Assembly
deems it appropriate for a greater penalty to be imposed
when a firearm is used or discharged in the commission of
an offense than the penalty imposed for using other types
of weapons and for the penalty to increase on more
serious offenses.
(2) With the additional elements of the discharge
of a firearm and great bodily harm inflicted by a firearm
being added to armed violence and other serious felony
offenses, it is the intent of the General Assembly to
punish those elements more severely during commission of
a felony offense than when those elements stand alone as
the act of the offender.
(3) It is the intent of the 91st General Assembly
that should Public Act 88-680 be declared
unconstitutional for a violation of Article 4, Section 8
of the 1970 Constitution of the State of Illinois, the
amendatory changes made by Public Act 88-680 to Article
33A of the Criminal Code of 1961 and which are set forth
as law in this amendatory Act of the 91st General
Assembly are hereby reenacted by this amendatory Act of
the 91st General Assembly.
(c) Definitions.
(1) "Armed with a dangerous weapon". A person is
considered armed with a dangerous weapon for purposes of
this Article, when he or she carries on or about his or
her person or is otherwise armed with a Category I,
Category II, or Category III weapon.
(2) A Category I weapon is a handgun, sawed-off
shotgun, sawed-off rifle, any other firearm small enough
to be concealed upon the person, semiautomatic firearm,
or machine gun. A Category II weapon is any other rifle,
shotgun, spring gun, other firearm, stun gun or taser as
defined in paragraph (a) of Section 24-1 of this Code,
knife with a blade of at least 3 inches in length,
dagger, dirk, switchblade knife, stiletto, axe, hatchet,
or other deadly or dangerous weapon or instrument of like
character. As used in this subsection (b) "semiautomatic
firearm" means a repeating firearm that utilizes a
portion of the energy of a firing cartridge to extract
the fired cartridge case and chamber the next round and
that requires a separate pull of the trigger to fire each
cartridge.
(3) A Category III weapon is a bludgeon,
black-jack, slungshot, sand-bag, sand-club, metal
knuckles, billy, or other dangerous weapon of like
character.
(Source: P.A. 91-404, eff. 1-1-00.)
(720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
Sec. 33A-3. Sentence.
(a) Violation of Section 33A-2(a) with a Category I
weapon is a Class X felony for which the defendant shall be
sentenced to a minimum term of imprisonment of 15 years.
(a-5) Violation of Section 33A-2(a) with a Category II
weapon is a Class X felony for which the defendant shall be
sentenced to a minimum term of imprisonment of 10 years.
(b) Violation of Section 33A-2(a) with a Category III
weapon is a Class 2 felony or the felony classification
provided for the same act while unarmed, whichever permits
the greater penalty. A second or subsequent violation of
Section 33A-2(a) with a Category III weapon is a Class 1
felony or the felony classification provided for the same act
while unarmed, whichever permits the greater penalty.
(b-5) Violation of Section 33A-2(b) with a firearm that
is a Category I or Category II weapon is a Class X felony for
which the defendant shall be sentenced to a minimum term of
imprisonment of 20 years.
(b-10) Violation of Section 33A-2(c) with a firearm that
is a Category I or Category II weapon is a Class X felony for
which the defendant shall be sentenced to a term of
imprisonment of not less than 25 years nor more than 40
years.
(c) Unless sentencing under Section 33B-1 is applicable,
any person who violates subsection (a) or (b) of Section
33A-2 with a firearm, when that person has been convicted in
any state or federal court of 3 or more of the following
offenses: treason, first degree murder, second degree murder,
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual assault, robbery,
burglary, arson, kidnaping, aggravated battery resulting in
great bodily harm or permanent disability or disfigurement,
or a violation of Section 401(a) of the Illinois Controlled
Substances Act, when the third offense was committed after
conviction on the second, the second offense was committed
after conviction on the first, and the violation of Section
33A-2 was committed after conviction on the third, shall be
sentenced to a term of imprisonment of not less than 25 years
nor more than 50 years.
(c-5) Except as otherwise provided in paragraph (b-10)
or (c) of this Section, a person who violates Section
33A-2(a) with a firearm that is a Category I weapon or
Section 33A-2(b) in any school, in any conveyance owned,
leased, or contracted by a school to transport students to or
from school or a school related activity, or on the real
property comprising any school or public park, and where the
offense was related to the activities of an organized gang,
shall be sentenced to a term of imprisonment of not less than
the term set forth in subsection (a) or (b-5) of this
Section, whichever is applicable, and not more than 30 years.
For the purposes of this subsection (c-5), "organized gang"
has the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(d) For armed violence based upon a predicate offense
listed in this subsection (d) the court shall enter the
sentence for armed violence to run consecutively to the
sentence imposed for the predicate offense. The offenses
covered by this provision are:
(i) solicitation of murder,
(ii) solicitation of murder for hire,
(iii) heinous battery,
(iv) aggravated battery of a senior citizen,
(v) criminal sexual assault,
(vi) a violation of subsection (g) of Section 5 of
the Cannabis Control Act,
(vii) cannabis trafficking,
(viii) a violation of subsection (a) of Section 401
of the Illinois Controlled Substances Act,
(ix) controlled substance trafficking involving a
Class X felony amount of controlled substance under
Section 401 of the Illinois Controlled Substances Act,
(x) calculated criminal drug conspiracy, or
(xi) streetgang criminal drug conspiracy.
(Source: P.A. 91-404, eff. 1-1-00.)
(720 ILCS 5/33F-1) (from Ch. 38, par. 33F-1)
Sec. 33F-1. Definitions. For purposes of this Article:
(a) "Body Armor" means any one of the following:
(1) A military style flak or tactical assault vest
which is made of Kevlar or any other similar material or
metal, fiberglass, plastic, and nylon plates and designed
to be worn over one's clothing for the intended purpose
of stopping not only missile fragmentation from mines,
grenades, mortar shells and artillery fire but also fire
from rifles, machine guns, and small arms.
(2) Soft body armor which is made of Kevlar or any
other similar material or metal or any other type of
insert and which is lightweight and pliable and which can
be easily concealed under a shirt.
(3) A military style recon/surveillance vest which
is made of Kevlar or any other similar material and which
is lightweight and designed to be worn over one's
clothing.
(4) Protective casual clothing which is made of
Kevlar or any other similar material and which was
originally intended to be used by undercover law
enforcement officers or dignitaries and is designed to
look like jackets, coats, raincoats, quilted or three
piece suit vests.
(b) "Dangerous weapon" means a Category I, Category II,
or Category III weapon as defined in Section 33A-1 of this
Code.
(Source: P.A. 87-521; 88-680, eff. 1-1-95.)
Section 50-10. The Wrongs to Children Act is amended by
re-enacting Section 5.1 as follows:
(720 ILCS 150/5.1) (from Ch. 23, par. 2355.1)
Sec. 5.1. A. A parent, step-parent, legal guardian, or
other person having custody of a child who knowingly allows
or permits an act of criminal sexual abuse or criminal sexual
assault as defined in Section 12-13, 12-14, 12-14.1, 12-15 or
12-16 of the Criminal Code of 1961, upon his or her child, or
knowingly permits, induces, promotes, or arranges for the
child to engage in prostitution as defined in Section 11-14
of the Criminal Code of 1961, and fails to take reasonable
steps to prevent its commission or future occurrences of such
acts commits the offense of permitting the sexual abuse of a
child. For purposes of this Section, "child" means a minor
under the age of 17 years.
B. Any person convicted of permitting the sexual abuse
of a child is guilty of a Class 1 felony.
(Source: P.A. 88-680, eff. 1-1-95; 89-428, eff. 12-13-95;
89-462, eff. 5-29-96.)
ARTICLE 990
Section 990-1. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
ARTICLE 999
Section 999-1. Effective date. This Act takes effect
upon becoming law.
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