Sen. Kirk W. Dillard

Filed: 5/10/2012

 

 


 

 


 
09700HB2582sam002LRB097 07362 MRW 69385 a

1
AMENDMENT TO HOUSE BILL 2582

2    AMENDMENT NO. ______. Amend House Bill 2582, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5
"ARTICLE 5.

 
6    Section 5-5. The Statute on Statutes is amended by adding
7Section 1.39 as follows:
 
8    (5 ILCS 70/1.39 new)
9    Sec. 1.39. Criminal Code of 2012. Whenever there is a
10reference in any Act to the Criminal Code or Criminal Code of
111961, that reference shall be interpreted to mean the Criminal
12Code of 2012.
 
13
ARTICLE 10.

 

 

 

09700HB2582sam002- 2 -LRB097 07362 MRW 69385 a

1    Section 10-5. The Criminal Code of 1961 is amended by
2changing Sections 1-1, 12-7.1, 12-36, 16-18, 18-1, 18-3, 18-4,
319-1, 19-2, 19-3, 19-4, 20-1, 20-2, 21-1, 21-1.2, 21-1.3,
421-1.4, 21-2, 21-3, 21-5, 21-7, 21-8, 21-9, 21-10, 21.1-2,
521.2-2, 25-1, 25-4, 25-5, 26-1, 26-2, 26-3, 28-1, 28-1.1, 30-2,
631A-1.1, 31A-1.2, 32-1, 32-2, 32-3, 32-4b, 32-4c, 32-4d, 32-7,
732-8, 32-9, 32-10, 33-1, 33E-11, 33E-14, 33E-15, 33E-16, and
833E-18 and by changing and renumbering Sections 12-11, 12-11.1,
921-4, and 26-5 and by adding the headings of Subdivisions 1, 5,
10and 10 of Article 21 and Sections 2-11.1, 21-11, 26-4.5, 26-7,
1131A-0.1, 32-15, and 33-8 and by adding Articles 24.8, 26.5, 48
12and 49 as follows:
 
13    (720 ILCS 5/1-1)  (from Ch. 38, par. 1-1)
14    Sec. 1-1. Short title.
15    This Act shall be known and may be cited as the Criminal
16Code of 2012. "Criminal Code of 1961".
17(Source: Laws 1961, p. 1983.)
 
18    (720 ILCS 5/2-11.1 new)
19    Sec. 2-11.1. "Motor vehicle". "Motor vehicle" has the
20meaning ascribed to it in the Illinois Vehicle Code.
 
21    (720 ILCS 5/12-7.1)  (from Ch. 38, par. 12-7.1)
22    Sec. 12-7.1. Hate crime.
23    (a) A person commits hate crime when, by reason of the

 

 

09700HB2582sam002- 3 -LRB097 07362 MRW 69385 a

1actual or perceived race, color, creed, religion, ancestry,
2gender, sexual orientation, physical or mental disability, or
3national origin of another individual or group of individuals,
4regardless of the existence of any other motivating factor or
5factors, he commits assault, battery, aggravated assault,
6misdemeanor theft, criminal trespass to residence, misdemeanor
7criminal damage to property, criminal trespass to vehicle,
8criminal trespass to real property, mob action, or disorderly
9conduct, harassment by telephone, or harassment through
10electronic communications as these crimes are defined in
11Sections 12-1, 12-2, 12-3(a), 16-1, 19-4, 21-1, 21-2, 21-3,
1225-1, and 26-1, 26.5-2, and paragraphs (a)(2) and (a)(5) of
13Section 26.5-3 of this Code, respectively, or harassment by
14telephone as defined in Section 1-1 of the Harassing and
15Obscene Communications Act, or harassment through electronic
16communications as defined in clauses (a)(2) and (a)(4) of
17Section 1-2 of the Harassing and Obscene Communications Act.
18    (b) Except as provided in subsection (b-5), hate crime is a
19Class 4 felony for a first offense and a Class 2 felony for a
20second or subsequent offense.
21    (b-5) Hate crime is a Class 3 felony for a first offense
22and a Class 2 felony for a second or subsequent offense if
23committed:
24        (1) in a church, synagogue, mosque, or other building,
25    structure, or place used for religious worship or other
26    religious purpose;

 

 

09700HB2582sam002- 4 -LRB097 07362 MRW 69385 a

1        (2) in a cemetery, mortuary, or other facility used for
2    the purpose of burial or memorializing the dead;
3        (3) in a school or other educational facility,
4    including an administrative facility or public or private
5    dormitory facility of or associated with the school or
6    other educational facility;
7        (4) in a public park or an ethnic or religious
8    community center;
9        (5) on the real property comprising any location
10    specified in clauses (1) through (4) of this subsection
11    (b-5); or
12        (6) on a public way within 1,000 feet of the real
13    property comprising any location specified in clauses (1)
14    through (4) of this subsection (b-5).
15    (b-10) Upon imposition of any sentence, the trial court
16shall also either order restitution paid to the victim or
17impose a fine up to $1,000. In addition, any order of probation
18or conditional discharge entered following a conviction or an
19adjudication of delinquency shall include a condition that the
20offender perform public or community service of no less than
21200 hours if that service is established in the county where
22the offender was convicted of hate crime. In addition, any
23order of probation or conditional discharge entered following a
24conviction or an adjudication of delinquency shall include a
25condition that the offender enroll in an educational program
26discouraging hate crimes if the offender caused criminal damage

 

 

09700HB2582sam002- 5 -LRB097 07362 MRW 69385 a

1to property consisting of religious fixtures, objects, or
2decorations. The educational program may be administered, as
3determined by the court, by a university, college, community
4college, non-profit organization, or the Holocaust and
5Genocide Commission. Nothing in this subsection (b-10)
6prohibits courses discouraging hate crimes from being made
7available online. The court may also impose any other condition
8of probation or conditional discharge under this Section.
9    (c) Independent of any criminal prosecution or the result
10thereof, any person suffering injury to his person or damage to
11his property as a result of hate crime may bring a civil action
12for damages, injunction or other appropriate relief. The court
13may award actual damages, including damages for emotional
14distress, or punitive damages. A judgment may include
15attorney's fees and costs. The parents or legal guardians,
16other than guardians appointed pursuant to the Juvenile Court
17Act or the Juvenile Court Act of 1987, of an unemancipated
18minor shall be liable for the amount of any judgment for actual
19damages rendered against such minor under this subsection (c)
20in any amount not exceeding the amount provided under Section 5
21of the Parental Responsibility Law.
22    (d) "Sexual orientation" means heterosexuality,
23homosexuality, or bisexuality.
24(Source: P.A. 96-1551, eff. 7-1-11; 97-161, eff. 1-1-12;
25revised 9-19-11.)
 

 

 

09700HB2582sam002- 6 -LRB097 07362 MRW 69385 a

1    (720 ILCS 5/12-36)
2    Sec. 12-36. Possession of unsterilized or vicious dogs by
3felons prohibited.
4    (a) For a period of 10 years commencing upon the release of
5a person from incarceration, it is unlawful for a person
6convicted of a forcible felony, a felony violation of the
7Humane Care for Animals Act, a felony violation of Section 26-5
8or 48-1 of this Code, a felony violation of Article 24 of this
9Code, a felony violation of Class 3 or higher of the Illinois
10Controlled Substances Act, a felony violation of Class 3 or
11higher of the Cannabis Control Act, or a felony violation of
12Class 2 or higher of the Methamphetamine Control and Community
13Protection Act, to knowingly own, possess, have custody of, or
14reside in a residence with, either:
15        (1) an unspayed or unneutered dog or puppy older than
16    12 weeks of age; or
17        (2) irrespective of whether the dog has been spayed or
18    neutered, any dog that has been determined to be a vicious
19    dog under Section 15 of the Animal Control Act.
20    (b) Any dog owned, possessed by, or in the custody of a
21person convicted of a felony, as described in subsection (a),
22must be microchipped for permanent identification.
23    (c) Sentence. A person who violates this Section is guilty
24of a Class A misdemeanor.
25    (d) It is an affirmative defense to prosecution under this
26Section that the dog in question is neutered or spayed, or that

 

 

09700HB2582sam002- 7 -LRB097 07362 MRW 69385 a

1the dog in question was neutered or spayed within 7 days of the
2defendant being charged with a violation of this Section.
3Medical records from, or the certificate of, a doctor of
4veterinary medicine licensed to practice in the State of
5Illinois who has personally examined or operated upon the dog,
6unambiguously indicating whether the dog in question has been
7spayed or neutered, shall be prima facie true and correct, and
8shall be sufficient evidence of whether the dog in question has
9been spayed or neutered. This subsection (d) is not applicable
10to any dog that has been determined to be a vicious dog under
11Section 15 of the Animal Control Act.
12(Source: P.A. 96-185, eff. 1-1-10.)
 
13    (720 ILCS 5/16-18)
14    Sec. 16-18. Tampering with communication services; theft
15of communication services.
16    (a) Injury to wires or obtaining service with intent to
17defraud. A person commits injury to wires or obtaining service
18with intent to defraud when he or she knowingly:
19        (1) displaces, removes, injures or destroys any
20    telegraph or telephone line, wire, cable, pole or conduit,
21    belonging to another, or the material or property
22    appurtenant thereto; or
23        (2) cuts, breaks, taps, or makes any connection with
24    any telegraph or telephone line, wire, cable or instrument
25    belonging to another; or

 

 

09700HB2582sam002- 8 -LRB097 07362 MRW 69385 a

1        (3) reads, takes or copies any message, communication
2    or report intended for another passing over any such
3    telegraph line, wire or cable in this State; or
4        (4) prevents, obstructs or delays by any means or
5    contrivance whatsoever, the sending, transmission,
6    conveyance or delivery in this State of any message,
7    communication or report by or through any telegraph or
8    telephone line, wire or cable; or
9        (5) uses any apparatus to unlawfully do or cause to be
10    done any of the acts described in subdivisions (a)(1)
11    through (a)(4) of this Section; or
12        (6) obtains, or attempts to obtain, any
13    telecommunications service with the intent to deprive any
14    person of the lawful charge, in whole or in part, for any
15    telecommunications service:
16            (A) by charging such service to an existing
17        telephone number without the authority of the
18        subscriber thereto; or
19            (B) by charging such service to a nonexistent,
20        false, fictitious, or counterfeit telephone number or
21        to a suspended, terminated, expired, canceled, or
22        revoked telephone number; or
23            (C) by use of a code, prearranged scheme, or other
24        similar stratagem or device whereby said person, in
25        effect, sends or receives information; or
26            (D) by publishing the number or code of an

 

 

09700HB2582sam002- 9 -LRB097 07362 MRW 69385 a

1        existing, canceled, revoked or nonexistent telephone
2        number, credit number or other credit device or method
3        of numbering or coding which is employed in the
4        issuance of telephone numbers, credit numbers or other
5        credit devices which may be used to avoid the payment
6        of any lawful telephone toll charge; or
7            (E) by any other trick, stratagem, impersonation,
8        false pretense, false representation, false statement,
9        contrivance, device, or means.
10    (b) Theft of communication services. A person commits theft
11of communication services when he or she knowingly:
12        (1) obtains or uses a communication service without the
13    authorization of, or compensation paid to, the
14    communication service provider;
15        (2) possesses, uses, manufactures, assembles,
16    distributes, leases, transfers, or sells, or offers,
17    promotes or advertises for sale, lease, use, or
18    distribution, an unlawful communication device:
19            (A) for the commission of a theft of a
20        communication service or to receive, disrupt,
21        transmit, decrypt, or acquire, or facilitate the
22        receipt, disruption, transmission, decryption or
23        acquisition, of any communication service without the
24        express consent or express authorization of the
25        communication service provider; or
26            (B) to conceal or to assist another to conceal from

 

 

09700HB2582sam002- 10 -LRB097 07362 MRW 69385 a

1        any communication service provider or from any lawful
2        authority the existence or place of origin or
3        destination of any communication;
4        (3) modifies, alters, programs or reprograms a
5    communication device for the purposes described in
6    subdivision (2)(A) or (2)(B);
7        (4) possesses, uses, manufactures, assembles, leases,
8    distributes, sells, or transfers, or offers, promotes or
9    advertises for sale, use or distribution, any unlawful
10    access device; or
11        (5) possesses, uses, prepares, distributes, gives or
12    otherwise transfers to another or offers, promotes, or
13    advertises for sale, use or distribution, any:
14            (A) plans or instructions for making or assembling
15        an unlawful communication or access device, with the
16        intent to use or employ the unlawful communication or
17        access device, or to allow the same to be used or
18        employed, for a purpose prohibited by this subsection
19        (b), or knowing or having reason to know that the plans
20        or instructions are intended to be used for
21        manufacturing or assembling the unlawful communication
22        or access device for a purpose prohibited by this
23        subsection (b); or
24            (B) material, including hardware, cables, tools,
25        data, computer software or other information or
26        equipment, knowing that the purchaser or a third person

 

 

09700HB2582sam002- 11 -LRB097 07362 MRW 69385 a

1        intends to use the material in the manufacture or
2        assembly of an unlawful communication or access device
3        for a purpose prohibited by this subsection (b).
4    (c) Sentence.
5        (1) A violation of subsection (a) is a Class A
6    misdemeanor; provided, however, that any of the following
7    is a Class 4 felony:
8            (A) a second or subsequent conviction for a
9        violation of subsection (a); or
10            (B) an offense committed for remuneration; or
11            (C) an offense involving damage or destruction of
12        property in an amount in excess of $300 or defrauding
13        of services in excess of $500.
14        (2) A violation of subsection (b) is a Class A
15    misdemeanor, except that:
16            (A) A violation of subsection (b) is a Class 4
17        felony if:
18                (i) the violation of subsection (b) involves
19            at least 10, but not more than 50, unlawful
20            communication or access devices; or
21                (ii) the defendant engages in conduct
22            identified in subdivision (b)(3) of this Section
23            with the intention of substantially disrupting and
24            impairing the ability of a communication service
25            provider to deliver communication services to its
26            lawful customers or subscribers; or

 

 

09700HB2582sam002- 12 -LRB097 07362 MRW 69385 a

1                (iii) the defendant at the time of the
2            commission of the offense is a pre-trial detainee
3            at a penal institution or is serving a sentence at
4            a penal institution; or
5                (iv) the defendant at the time of the
6            commission of the offense is a pre-trial detainee
7            at a penal institution or is serving a sentence at
8            a penal institution and uses any means of
9            electronic communication as defined in Section
10            26.5-0.1 of this Code the Harassing and Obscene
11            Communications Act for fraud, theft, theft by
12            deception, identity theft, or any other unlawful
13            purpose; or
14                (v) the aggregate value of the service
15            obtained is $300 or more; or
16                (vi) the violation is for a wired
17            communication service or device and the defendant
18            has been convicted previously for an offense under
19            subsection (b) or for any other type of theft,
20            robbery, armed robbery, burglary, residential
21            burglary, possession of burglary tools, home
22            invasion, or fraud, including violations of the
23            Cable Communications Policy Act of 1984 in this or
24            any federal or other state jurisdiction.
25            (B) A violation of subsection (b) is a Class 3
26        felony if:

 

 

09700HB2582sam002- 13 -LRB097 07362 MRW 69385 a

1                (i) the violation of subsection (b) involves
2            more than 50 unlawful communication or access
3            devices; or
4                (ii) the defendant at the time of the
5            commission of the offense is a pre-trial detainee
6            at a penal institution or is serving a sentence at
7            a penal institution and has been convicted
8            previously of an offense under subsection (b)
9            committed by the defendant while serving as a
10            pre-trial detainee in a penal institution or while
11            serving a sentence at a penal institution; or
12                (iii) the defendant at the time of the
13            commission of the offense is a pre-trial detainee
14            at a penal institution or is serving a sentence at
15            a penal institution and has been convicted
16            previously of an offense under subsection (b)
17            committed by the defendant while serving as a
18            pre-trial detainee in a penal institution or while
19            serving a sentence at a penal institution and uses
20            any means of electronic communication as defined
21            in Section 26.5-0.1 of this Code the Harassing and
22            Obscene Communications Act for fraud, theft, theft
23            by deception, identity theft, or any other
24            unlawful purpose; or
25                (iv) the violation is for a wired
26            communication service or device and the defendant

 

 

09700HB2582sam002- 14 -LRB097 07362 MRW 69385 a

1            has been convicted previously on 2 or more
2            occasions for offenses under subsection (b) or for
3            any other type of theft, robbery, armed robbery,
4            burglary, residential burglary, possession of
5            burglary tools, home invasion, or fraud, including
6            violations of the Cable Communications Policy Act
7            of 1984 in this or any federal or other state
8            jurisdiction.
9            (C) A violation of subsection (b) is a Class 2
10        felony if the violation is for a wireless communication
11        service or device and the defendant has been convicted
12        previously for an offense under subsection (b) or for
13        any other type of theft, robbery, armed robbery,
14        burglary, residential burglary, possession of burglary
15        tools, home invasion, or fraud, including violations
16        of the Cable Communications Policy Act of 1984 in this
17        or any federal or other state jurisdiction.
18        (3) Restitution. The court shall, in addition to any
19    other sentence authorized by law, sentence a person
20    convicted of violating subsection (b) to make restitution
21    in the manner provided in Article 5 of Chapter V of the
22    Unified Code of Corrections.
23    (d) Grading of offense based on prior convictions. For
24purposes of grading an offense based upon a prior conviction
25for an offense under subsection (b) or for any other type of
26theft, robbery, armed robbery, burglary, residential burglary,

 

 

09700HB2582sam002- 15 -LRB097 07362 MRW 69385 a

1possession of burglary tools, home invasion, or fraud,
2including violations of the Cable Communications Policy Act of
31984 in this or any federal or other state jurisdiction under
4subdivisions (c)(2)(A)(i) and (c)(2)(B)(i) of this Section, a
5prior conviction shall consist of convictions upon separate
6indictments or criminal complaints for offenses under
7subsection (b) or for any other type of theft, robbery, armed
8robbery, burglary, residential burglary, possession of
9burglary tools, home invasion, or fraud, including violations
10of the Cable Communications Policy Act of 1984 in this or any
11federal or other state jurisdiction.
12    (e) Separate offenses. For purposes of all criminal
13penalties or fines established for violations of subsection
14(b), the prohibited activity established in subsection (b) as
15it applies to each unlawful communication or access device
16shall be deemed a separate offense.
17    (f) Forfeiture of unlawful communication or access
18devices. Upon conviction of a defendant under subsection (b),
19the court may, in addition to any other sentence authorized by
20law, direct that the defendant forfeit any unlawful
21communication or access devices in the defendant's possession
22or control which were involved in the violation for which the
23defendant was convicted.
24    (g) Venue. An offense under subsection (b) may be deemed to
25have been committed at either the place where the defendant
26manufactured or assembled an unlawful communication or access

 

 

09700HB2582sam002- 16 -LRB097 07362 MRW 69385 a

1device, or assisted others in doing so, or the place where the
2unlawful communication or access device was sold or delivered
3to a purchaser or recipient. It is not a defense to a violation
4of subsection (b) that some of the acts constituting the
5offense occurred outside of the State of Illinois.
6    (h) Civil action. For purposes of subsection (b):
7        (1) Bringing a civil action. Any person aggrieved by a
8    violation may bring a civil action in any court of
9    competent jurisdiction.
10        (2) Powers of the court. The court may:
11            (A) grant preliminary and final injunctions to
12        prevent or restrain violations without a showing by the
13        plaintiff of special damages, irreparable harm or
14        inadequacy of other legal remedies;
15            (B) at any time while an action is pending, order
16        the impounding, on such terms as it deems reasonable,
17        of any unlawful communication or access device that is
18        in the custody or control of the violator and that the
19        court has reasonable cause to believe was involved in
20        the alleged violation;
21            (C) award damages as described in subdivision
22        (h)(3);
23            (D) award punitive damages;
24            (E) in its discretion, award reasonable attorney's
25        fees and costs, including, but not limited to, costs
26        for investigation, testing and expert witness fees, to

 

 

09700HB2582sam002- 17 -LRB097 07362 MRW 69385 a

1        an aggrieved party who prevails; and
2            (F) as part of a final judgment or decree finding a
3        violation, order the remedial modification or
4        destruction of any unlawful communication or access
5        device involved in the violation that is in the custody
6        or control of the violator or has been impounded under
7        subdivision (h)(2)(B).
8        (3) Types of damages recoverable. Damages awarded by a
9    court under this Section shall be computed as either of the
10    following:
11            (A) Upon his or her election of such damages at any
12        time before final judgment is entered, the complaining
13        party may recover the actual damages suffered by him or
14        her as a result of the violation and any profits of the
15        violator that are attributable to the violation and are
16        not taken into account in computing the actual damages;
17        in determining the violator's profits, the complaining
18        party shall be required to prove only the violator's
19        gross revenue, and the violator shall be required to
20        prove his or her deductible expenses and the elements
21        of profit attributable to factors other than the
22        violation; or
23            (B) Upon election by the complaining party at any
24        time before final judgment is entered, that party may
25        recover in lieu of actual damages an award of statutory
26        damages of not less than $250 and not more than $10,000

 

 

09700HB2582sam002- 18 -LRB097 07362 MRW 69385 a

1        for each unlawful communication or access device
2        involved in the action, with the amount of statutory
3        damages to be determined by the court, as the court
4        considers just. In any case, if the court finds that
5        any of the violations were committed with the intent to
6        obtain commercial advantage or private financial gain,
7        the court in its discretion may increase the award of
8        statutory damages by an amount of not more than $50,000
9        for each unlawful communication or access device
10        involved in the action.
11        (4) Separate violations. For purposes of all civil
12    remedies established for violations, the prohibited
13    activity established in this Section applies to each
14    unlawful communication or access device and shall be deemed
15    a separate violation.
16(Source: P.A. 97-597, eff. 1-1-12.)
 
17    (720 ILCS 5/18-1)  (from Ch. 38, par. 18-1)
18    Sec. 18-1. Robbery; aggravated robbery.
19    (a) Robbery. A person commits robbery when he or she
20knowingly takes property, except a motor vehicle covered by
21Section 18-3 or 18-4, from the person or presence of another by
22the use of force or by threatening the imminent use of force.
23    (b) Aggravated robbery.
24        (1) A person commits aggravated robbery when he or she
25    violates subsection (a) while indicating verbally or by his

 

 

09700HB2582sam002- 19 -LRB097 07362 MRW 69385 a

1    or her actions to the victim that he or she is presently
2    armed with a firearm or other dangerous weapon, including a
3    knife, club, ax, or bludgeon. This offense shall be
4    applicable even though it is later determined that he or
5    she had no firearm or other dangerous weapon, including a
6    knife, club, ax, or bludgeon, in his or her possession when
7    he or she committed the robbery.
8        (2) A person commits aggravated robbery when he or she
9    knowingly takes property from the person or presence of
10    another by delivering (by injection, inhalation,
11    ingestion, transfer of possession, or any other means) to
12    the victim without his or her consent, or by threat or
13    deception, and for other than medical purposes, any
14    controlled substance.
15    (c) Sentence.
16    Robbery is a Class 2 felony. However, unless if the victim
17is 60 years of age or over or is a physically handicapped
18person, or if the robbery is committed in a school, day care
19center, day care home, group day care home, or part day child
20care facility, or place of worship, in which case robbery is a
21Class 1 felony. Aggravated robbery is a Class 1 felony.
22    (d) (c) Regarding penalties prescribed in subsection (c)
23(b) for violations committed in a day care center, day care
24home, group day care home, or part day child care facility, the
25time of day, time of year, and whether children under 18 years
26of age were present in the day care center, day care home,

 

 

09700HB2582sam002- 20 -LRB097 07362 MRW 69385 a

1group day care home, or part day child care facility are
2irrelevant.
3(Source: P.A. 96-556, eff. 1-1-10.)
 
4    (720 ILCS 5/18-3)
5    Sec. 18-3. Vehicular hijacking.
6    (a) A person commits vehicular hijacking when he or she
7knowingly takes a motor vehicle from the person or the
8immediate presence of another by the use of force or by
9threatening the imminent use of force.
10    (b) For the purposes of this Article, the term "motor
11vehicle" shall have the meaning ascribed to it in the Illinois
12Vehicle Code.
13    (c) Sentence. Vehicular hijacking is a Class 1 felony.
14(Source: P.A. 88-351; 88-670, eff. 12-2-94.)
 
15    (720 ILCS 5/18-4)
16    Sec. 18-4. Aggravated vehicular hijacking.
17    (a) A person commits aggravated vehicular hijacking when he
18or she violates Section 18-3; and
19        (1) the person from whose immediate presence the motor
20    vehicle is taken is a physically handicapped person or a
21    person 60 years of age or over; or
22        (2) a person under 16 years of age is a passenger in
23    the motor vehicle at the time of the offense; or
24        (3) he or she carries on or about his or her person, or

 

 

09700HB2582sam002- 21 -LRB097 07362 MRW 69385 a

1    is otherwise armed with a dangerous weapon, other than a
2    firearm; or
3        (4) he or she carries on or about his or her person or
4    is otherwise armed with a firearm; or
5        (5) he or she, during the commission of the offense,
6    personally discharges a firearm; or
7        (6) he or she, during the commission of the offense,
8    personally discharges a firearm that proximately causes
9    great bodily harm, permanent disability, permanent
10    disfigurement, or death to another person.
11    (b) Sentence. Aggravated vehicular hijacking in violation
12of subsections (a)(1) or (a)(2) is a Class X felony. A
13Aggravated vehicular hijacking in violation of subsection
14(a)(3) is a Class X felony for which a term of imprisonment of
15not less than 7 years shall be imposed. A Aggravated vehicular
16hijacking in violation of subsection (a)(4) is a Class X felony
17for which 15 years shall be added to the term of imprisonment
18imposed by the court. A Aggravated vehicular hijacking in
19violation of subsection (a)(5) is a Class X felony for which 20
20years shall be added to the term of imprisonment imposed by the
21court. A Aggravated vehicular hijacking in violation of
22subsection (a)(6) is a Class X felony for which 25 years or up
23to a term of natural life shall be added to the term of
24imprisonment imposed by the court.
25(Source: P.A. 91-404, eff. 1-1-00.)
 

 

 

09700HB2582sam002- 22 -LRB097 07362 MRW 69385 a

1    (720 ILCS 5/18-6 new)
2    Sec. 18-6 12-11.1. Vehicular invasion.
3    (a) A person commits vehicular invasion when he or she who
4knowingly, by force and without lawful justification, enters or
5reaches into the interior of a motor vehicle as defined in The
6Illinois Vehicle Code while the such motor vehicle is occupied
7by another person or persons, with the intent to commit therein
8a theft or felony.
9    (b) Sentence. Vehicular invasion is a Class 1 felony.
10(Source: P.A. 86-1392.)
 
11    (720 ILCS 5/19-1)  (from Ch. 38, par. 19-1)
12    Sec. 19-1. Burglary.
13    (a) A person commits burglary when without authority he or
14she knowingly enters or without authority remains within a
15building, housetrailer, watercraft, aircraft, motor vehicle as
16defined in the Illinois Vehicle Code, railroad car, or any part
17thereof, with intent to commit therein a felony or theft. This
18offense shall not include the offenses set out in Section 4-102
19of the Illinois Vehicle Code.
20    (b) Sentence.
21    Burglary is a Class 2 felony. A burglary committed in a
22school, day care center, day care home, group day care home, or
23part day child care facility, or place of worship is a Class 1
24felony, except that this provision does not apply to a day care
25center, day care home, group day care home, or part day child

 

 

09700HB2582sam002- 23 -LRB097 07362 MRW 69385 a

1care facility operated in a private residence used as a
2dwelling.
3    (c) Regarding penalties prescribed in subsection (b) for
4violations committed in a day care center, day care home, group
5day care home, or part day child care facility, the time of
6day, time of year, and whether children under 18 years of age
7were present in the day care center, day care home, group day
8care home, or part day child care facility are irrelevant.
9(Source: P.A. 96-556, eff. 1-1-10.)
 
10    (720 ILCS 5/19-2)  (from Ch. 38, par. 19-2)
11    Sec. 19-2. Possession of burglary tools.
12    (a) A person commits the offense of possession of burglary
13tools when he or she possesses any key, tool, instrument,
14device, or any explosive, suitable for use in breaking into a
15building, housetrailer, watercraft, aircraft, motor vehicle as
16defined in The Illinois Vehicle Code, railroad car, or any
17depository designed for the safekeeping of property, or any
18part thereof, with intent to enter that any such place and with
19intent to commit therein a felony or theft. The trier of fact
20may infer from the possession of a key designed for lock
21bumping an intent to commit a felony or theft; however, this
22inference does not apply to any peace officer or other employee
23of a law enforcement agency, or to any person or agency
24licensed under the Private Detective, Private Alarm, Private
25Security, Fingerprint Vendor, and Locksmith Act of 2004. For

 

 

09700HB2582sam002- 24 -LRB097 07362 MRW 69385 a

1the purposes of this Section, "lock bumping" means a lock
2picking technique for opening a pin tumbler lock using a
3specially-crafted bumpkey.
4    (b) Sentence.
5    Possession of burglary tools in violation of this Section
6is a Class 4 felony.
7(Source: P.A. 95-883, eff. 1-1-09.)
 
8    (720 ILCS 5/19-3)  (from Ch. 38, par. 19-3)
9    Sec. 19-3. Residential burglary.
10    (a) A person commits residential burglary when he or she
11who knowingly and without authority enters or knowingly and
12without authority remains within the dwelling place of another,
13or any part thereof, with the intent to commit therein a felony
14or theft. This offense includes the offense of burglary as
15defined in Section 19-1.
16    (a-5) A person commits residential burglary when he or she
17who falsely represents himself or herself, including but not
18limited to falsely representing himself or herself to be a
19representative of any unit of government or a construction,
20telecommunications, or utility company, for the purpose of
21gaining entry to the dwelling place of another, with the intent
22to commit therein a felony or theft or to facilitate the
23commission therein of a felony or theft by another.
24    (b) Sentence. Residential burglary is a Class 1 felony.
25(Source: P.A. 96-1113, eff. 1-1-11.)
 

 

 

09700HB2582sam002- 25 -LRB097 07362 MRW 69385 a

1    (720 ILCS 5/19-4)  (from Ch. 38, par. 19-4)
2    Sec. 19-4. Criminal trespass to a residence.
3    (a) (1) A person commits the offense of criminal trespass
4to a residence when, without authority, he or she knowingly
5enters or remains within any residence, including a house
6trailer that is the dwelling place of another.
7    (2) A person commits the offense of criminal trespass to a
8residence when, without authority, he or she knowingly enters
9the residence of another and knows or has reason to know that
10one or more persons is present or he or she knowingly enters
11the residence of another and remains in the residence after he
12or she knows or has reason to know that one or more persons is
13present.
14    (3) For purposes of this Section, in the case of a
15multi-unit residential building or complex, "residence" shall
16only include the portion of the building or complex which is
17the actual dwelling place of any person and shall not include
18such places as common recreational areas or lobbies.
19    (b) Sentence.
20        (1) Criminal trespass to a residence under paragraph
21    (1) of subsection (a) is a Class A misdemeanor.
22        (2) Criminal trespass to a residence under paragraph
23    (2) of subsection (a) is a Class 4 felony.
24(Source: P.A. 91-895, eff. 7-6-00.)
 

 

 

09700HB2582sam002- 26 -LRB097 07362 MRW 69385 a

1    (720 ILCS 5/19-6 new)
2    Sec. 19-6 12-11. Home Invasion.
3    (a) A person who is not a peace officer acting in the line
4of duty commits home invasion when without authority he or she
5knowingly enters the dwelling place of another when he or she
6knows or has reason to know that one or more persons is present
7or he or she knowingly enters the dwelling place of another and
8remains in the such dwelling place until he or she knows or has
9reason to know that one or more persons is present or who
10falsely represents himself or herself, including but not
11limited to, falsely representing himself or herself to be a
12representative of any unit of government or a construction,
13telecommunications, or utility company, for the purpose of
14gaining entry to the dwelling place of another when he or she
15knows or has reason to know that one or more persons are
16present and
17        (1) While armed with a dangerous weapon, other than a
18    firearm, uses force or threatens the imminent use of force
19    upon any person or persons within the such dwelling place
20    whether or not injury occurs, or
21        (2) Intentionally causes any injury, except as
22    provided in subsection (a)(5), to any person or persons
23    within the such dwelling place, or
24        (3) While armed with a firearm uses force or threatens
25    the imminent use of force upon any person or persons within
26    the such dwelling place whether or not injury occurs, or

 

 

09700HB2582sam002- 27 -LRB097 07362 MRW 69385 a

1        (4) Uses force or threatens the imminent use of force
2    upon any person or persons within the such dwelling place
3    whether or not injury occurs and during the commission of
4    the offense personally discharges a firearm, or
5        (5) Personally discharges a firearm that proximately
6    causes great bodily harm, permanent disability, permanent
7    disfigurement, or death to another person within the such
8    dwelling place, or
9        (6) Commits, against any person or persons within that
10    dwelling place, a violation of Section 11-1.20, 11-1.30,
11    11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15,
12    or 12-16 of the Criminal Code of 1961.
13    (b) It is an affirmative defense to a charge of home
14invasion that the accused who knowingly enters the dwelling
15place of another and remains in the such dwelling place until
16he or she knows or has reason to know that one or more persons
17is present either immediately leaves the such premises or
18surrenders to the person or persons lawfully present therein
19without either attempting to cause or causing serious bodily
20injury to any person present therein.
21    (c) Sentence. Home invasion in violation of subsection
22(a)(1), (a)(2) or (a)(6) is a Class X felony. A violation of
23subsection (a)(3) is a Class X felony for which 15 years shall
24be added to the term of imprisonment imposed by the court. A
25violation of subsection (a)(4) is a Class X felony for which 20
26years shall be added to the term of imprisonment imposed by the

 

 

09700HB2582sam002- 28 -LRB097 07362 MRW 69385 a

1court. A violation of subsection (a)(5) is a Class X felony for
2which 25 years or up to a term of natural life shall be added to
3the term of imprisonment imposed by the court.
4    (d) For purposes of this Section, "dwelling place of
5another" includes a dwelling place where the defendant
6maintains a tenancy interest but from which the defendant has
7been barred by a divorce decree, judgment of dissolution of
8marriage, order of protection, or other court order.
9(Source: P.A. 96-1113, eff. 1-1-11; 96-1551, eff. 7-1-11.)
 
10    (720 ILCS 5/20-1)  (from Ch. 38, par. 20-1)
11    Sec. 20-1. Arson; residential arson; place of worship
12arson.
13    (a) A person commits arson when, by means of fire or
14explosive, he or she knowingly:
15    (1) (a) Damages any real property, or any personal property
16having a value of $150 or more, of another without his or her
17consent; or
18    (2) (b) With intent to defraud an insurer, damages any
19property or any personal property having a value of $150 or
20more.
21    Property "of another" means a building or other property,
22whether real or personal, in which a person other than the
23offender has an interest which the offender has no authority to
24defeat or impair, even though the offender may also have an
25interest in the building or property.

 

 

09700HB2582sam002- 29 -LRB097 07362 MRW 69385 a

1    (b) A person commits residential arson when he or she, in
2the course of committing arson, knowingly damages, partially or
3totally, any building or structure that is the dwelling place
4of another.
5    (b-5) A person commits place of worship arson when he or
6she, in the course of committing arson, knowingly damages,
7partially or totally, any place of worship.
8    (c) Sentence.
9    Arson is a Class 2 felony. Residential arson or place of
10worship arson is a Class 1 felony.
11(Source: P.A. 77-2638.)
 
12    (720 ILCS 5/20-2)  (from Ch. 38, par. 20-2)
13    Sec. 20-2. Possession of explosives or explosive or
14incendiary devices.
15    (a) A person commits the offense of possession of
16explosives or explosive or incendiary devices in violation of
17this Section when he or she possesses, manufactures or
18transports any explosive compound, timing or detonating device
19for use with any explosive compound or incendiary device and
20either intends to use the such explosive or device to commit
21any offense or knows that another intends to use the such
22explosive or device to commit a felony.
23    (b) Sentence.
24    Possession of explosives or explosive or incendiary
25devices in violation of this Section is a Class 1 felony for

 

 

09700HB2582sam002- 30 -LRB097 07362 MRW 69385 a

1which a person, if sentenced to a term of imprisonment, shall
2be sentenced to not less than 4 years and not more than 30
3years.
4    (c) (Blank).
5(Source: P.A. 93-594, eff. 1-1-04; 94-556, eff. 9-11-05.)
 
6    (720 ILCS 5/Art. 21, Subdiv. 1 heading new)
7
SUBDIVISION 1. DAMAGE TO PROPERTY

 
8    (720 ILCS 5/21-1)  (from Ch. 38, par. 21-1)
9    Sec. 21-1. Criminal damage to property.
10    (a) (1) A person commits criminal damage to property an
11illegal act when he or she:
12        (1) (a) knowingly damages any property of another; or
13        (2) (b) recklessly by means of fire or explosive
14    damages property of another; or
15        (3) (c) knowingly starts a fire on the land of another;
16    or
17        (4) (d) knowingly injures a domestic animal of another
18    without his or her consent; or
19        (5) (e) knowingly deposits on the land or in the
20    building of another any stink bomb or any offensive
21    smelling compound and thereby intends to interfere with the
22    use by another of the land or building; or
23        (6) knowingly (f) damages any property, other than as
24    described in paragraph (2) of subsection (a) (b) of Section

 

 

09700HB2582sam002- 31 -LRB097 07362 MRW 69385 a

1    20-1, with intent to defraud an insurer; or
2        (7) (g) knowingly shoots a firearm at any portion of a
3    railroad train;
4        (8) knowingly, without proper authorization, cuts,
5    injures, damages, defaces, destroys, or tampers with any
6    fire hydrant or any public or private fire fighting
7    equipment, or any apparatus appertaining to fire fighting
8    equipment; or
9        (9) intentionally, without proper authorization, opens
10    any fire hydrant.
11    (b) When the charge of criminal damage to property
12exceeding a specified value is brought, the extent of the
13damage is an element of the offense to be resolved by the trier
14of fact as either exceeding or not exceeding the specified
15value.
16    (c) It is an affirmative defense to a violation of
17paragraph (1), (3), or (5) of subsection (a) item (a), (c), or
18(e) of this Section that the owner of the property or land
19damaged consented to the such damage.
20    (d) Sentence. (2)
21        (1) A violation of subsection (a) shall have the
22    following penalties:
23            (A) A violation of paragraph (8) or (9) is a Class
24        B misdemeanor.
25            (B) A violation of paragraph (1), (2), (3), (5), or
26        (6) is a The acts described in items (a), (b), (c),

 

 

09700HB2582sam002- 32 -LRB097 07362 MRW 69385 a

1        (e), and (f) are Class A misdemeanor misdemeanors when
2        if the damage to property does not exceed $300.
3             (C) A violation of paragraph (1), (2), (3), (5),
4        or (6) is a The acts described in items (a), (b), (c),
5        (e), and (f) are Class 4 felony when felonies if the
6        damage to property does not exceed $300 and if the
7        damage occurs to property of a school or place of
8        worship or to farm equipment or immovable items of
9        agricultural production, including but not limited to
10        grain elevators, grain bins, and barns.
11             (D) A violation of paragraph (4) The act described
12        in item (d) is a Class 4 felony when if the damage to
13        property does not exceed $10,000.
14             (E) A violation of paragraph (7) The act described
15        in item (g) is a Class 4 felony.
16             (F) A violation of paragraph (1), (2), (3), (5) or
17        (6) is a The acts described in items (a), (b), (c),
18        (e), and (f) are Class 4 felony when felonies if the
19        damage to property exceeds $300 but does not exceed
20        $10,000.
21             (G) A violation of paragraphs (1) through (6) is a
22        The acts described in items (a) through (f) are Class 3
23        felony when felonies if the damage to property exceeds
24        $300 but does not exceed $10,000 and if the damage
25        occurs to property of a school or place of worship or
26        to farm equipment or immovable items of agricultural

 

 

09700HB2582sam002- 33 -LRB097 07362 MRW 69385 a

1        production, including but not limited to grain
2        elevators, grain bins, and barns.
3             (H) A violation of paragraphs (1) through (6) is a
4        The acts described in items (a) through (f) are Class 3
5        felony when felonies if the damage to property exceeds
6        $10,000 but does not exceed $100,000.
7             (I) A violation of paragraphs (1) through (6) is a
8        The acts described in items (a) through (f) are Class 2
9        felony when felonies if the damage to property exceeds
10        $10,000 but does not exceed $100,000 and if the damage
11        occurs to property of a school or place of worship or
12        to farm equipment or immovable items of agricultural
13        production, including but not limited to grain
14        elevators, grain bins, and barns.
15             (J) A violation of paragraphs (1) through (6) is a
16        The acts described in items (a) through (f) are Class 2
17        felony when felonies if the damage to property exceeds
18        $100,000. A violation of paragraphs (1) through (6) The
19        acts described in items (a) through (f) is a are Class
20        1 felony when felonies if the damage to property
21        exceeds $100,000 and the damage occurs to property of a
22        school or place of worship or to farm equipment or
23        immovable items of agricultural production, including
24        but not limited to grain elevators, grain bins, and
25        barns.
26        (2) When If the damage to property exceeds $10,000, the

 

 

09700HB2582sam002- 34 -LRB097 07362 MRW 69385 a

1    court shall impose upon the offender a fine equal to the
2    value of the damages to the property.
3    For the purposes of this subsection (2), "farm equipment"
4means machinery or other equipment used in farming.
5        (3) In addition to any other sentence that may be
6    imposed, a court shall order any person convicted of
7    criminal damage to property to perform community service
8    for not less than 30 and not more than 120 hours, if
9    community service is available in the jurisdiction and is
10    funded and approved by the county board of the county where
11    the offense was committed. In addition, whenever any person
12    is placed on supervision for an alleged offense under this
13    Section, the supervision shall be conditioned upon the
14    performance of the community service.
15        The community service requirement This subsection does
16    not apply when the court imposes a sentence of
17    incarceration.
18        (4) In addition to any criminal penalties imposed for a
19    violation of this Section, if a person is convicted of or
20    placed on supervision for knowingly damaging or destroying
21    crops of another, including crops intended for personal,
22    commercial, research, or developmental purposes, the
23    person is liable in a civil action to the owner of any
24    crops damaged or destroyed for money damages up to twice
25    the market value of the crops damaged or destroyed.
26        (5) For the purposes of this subsection (d), "farm

 

 

09700HB2582sam002- 35 -LRB097 07362 MRW 69385 a

1    equipment" means machinery or other equipment used in
2    farming.
3(Source: P.A. 95-553, eff. 6-1-08; 96-529, eff. 8-14-09.)
 
4    (720 ILCS 5/21-1.01 new)
5    Sec. 21-1.01 21-4. Criminal Damage to Government Supported
6Property.
7    (a) (1) A person commits criminal damage to government
8supported property when he or she knowingly Any of the
9following acts is a Class 4 felony when the damage to property
10is $500 or less, and any such act is a Class 3 felony when the
11damage to property exceeds $500 but does not exceed $10,000; a
12Class 2 felony when the damage to property exceeds $10,000 but
13does not exceed $100,000 and a Class 1 felony when the damage
14to property exceeds $100,000:
15        (1) (a) Knowingly damages any government supported
16    property supported in whole or in part with State funds,
17    funds of a unit of local government or school district, or
18    Federal funds administered or granted through State
19    agencies without the consent of the State; or
20        (2) (b) Knowingly, by means of fire or explosive
21    damages government supported property supported in whole
22    or in part with State funds, funds of a unit of local
23    government or school district, or Federal funds
24    administered or granted through State agencies; or
25        (3) (c) Knowingly starts a fire on government supported

 

 

09700HB2582sam002- 36 -LRB097 07362 MRW 69385 a

1    property supported in whole or in part with State funds,
2    funds of a unit of local government or school district, or
3    Federal funds administered or granted through State
4    agencies without the consent of the State; or
5        (4) (d) Knowingly deposits on government supported
6    land or in a government supported building, supported in
7    whole or in part with State funds, funds of a unit of local
8    government or school district, or Federal funds
9    administered or granted through State agencies without the
10    consent of the State, any stink bomb or any offensive
11    smelling compound and thereby intends to interfere with the
12    use by another of the land or building.
13    (b) (2) For the purposes of this Section, "government
14supported" means any property supported in whole or in part
15with State funds, funds of a unit of local government or school
16district, or federal funds administered or granted through
17State agencies.
18    (c) Sentence. A violation of this Section is a Class 4
19felony when the damage to property is $500 or less; a Class 3
20felony when the damage to property exceeds $500 but does not
21exceed $10,000; a Class 2 felony when the damage to property
22exceeds $10,000 but does not exceed $100,000; and a Class 1
23felony when the damage to property exceeds $100,000. When the
24damage to property exceeds $10,000, the court shall impose upon
25the offender a fine equal to the value of the damages to the
26property.

 

 

09700HB2582sam002- 37 -LRB097 07362 MRW 69385 a

1    
2(Source: P.A. 89-30, eff. 1-1-96.)
 
3    (720 ILCS 5/21-1.2)  (from Ch. 38, par. 21-1.2)
4    Sec. 21-1.2. Institutional vandalism.
5    (a) A person commits institutional vandalism when, by
6reason of the actual or perceived race, color, creed, religion
7or national origin of another individual or group of
8individuals, regardless of the existence of any other
9motivating factor or factors, he or she knowingly and without
10consent inflicts damage to any of the following properties:
11        (1) A church, synagogue, mosque, or other building,
12    structure or place used for religious worship or other
13    religious purpose;
14        (2) A cemetery, mortuary, or other facility used for
15    the purpose of burial or memorializing the dead;
16        (3) A school, educational facility or community
17    center;
18        (4) The grounds adjacent to, and owned or rented by,
19    any institution, facility, building, structure or place
20    described in paragraphs (1), (2) or (3) of this subsection
21    (a); or
22        (5) Any personal property contained in any
23    institution, facility, building, structure or place
24    described in paragraphs (1), (2) or (3) of this subsection
25    (a).

 

 

09700HB2582sam002- 38 -LRB097 07362 MRW 69385 a

1    (b) Sentence.
2         (1) Institutional vandalism is a Class 3 felony when
3    if the damage to the property does not exceed $300.
4    Institutional vandalism is a Class 2 felony when if the
5    damage to the property exceeds $300. Institutional
6    vandalism is a Class 2 felony for any second or subsequent
7    offense.
8        (2) (b-5) Upon imposition of any sentence, the trial
9    court shall also either order restitution paid to the
10    victim or impose a fine up to $1,000. In addition, any
11    order of probation or conditional discharge entered
12    following a conviction or an adjudication of delinquency
13    shall include a condition that the offender perform public
14    or community service of no less than 200 hours if that
15    service is established in the county where the offender was
16    convicted of institutional vandalism. The court may also
17    impose any other condition of probation or conditional
18    discharge under this Section.
19    (c) Independent of any criminal prosecution or the result
20of that prosecution, a person suffering damage to property or
21injury to his or her person as a result of institutional
22vandalism may bring a civil action for damages, injunction or
23other appropriate relief. The court may award actual damages,
24including damages for emotional distress, or punitive damages.
25A judgment may include attorney's fees and costs. The parents
26or legal guardians of an unemancipated minor, other than

 

 

09700HB2582sam002- 39 -LRB097 07362 MRW 69385 a

1guardians appointed under the Juvenile Court Act or the
2Juvenile Court Act of 1987, shall be liable for the amount of
3any judgment for actual damages rendered against the minor
4under this subsection in an amount not exceeding the amount
5provided under Section 5 of the Parental Responsibility Law.
6(Source: P.A. 92-830, eff. 1-1-03.)
 
7    (720 ILCS 5/21-1.3)
8    Sec. 21-1.3. Criminal defacement of property.
9    (a) A person commits criminal defacement of property when
10the person knowingly damages the property of another by
11defacing, deforming, or otherwise damaging the property by the
12use of paint or any other similar substance, or by the use of a
13writing instrument, etching tool, or any other similar device.
14It is an affirmative defense to a violation of this Section
15that the owner of the property damaged consented to such
16damage.
17    (b) Sentence.
18    (1) Criminal defacement of property is a Class A
19misdemeanor for a first offense when if the aggregate value of
20the damage to the property does not exceed $300. Criminal
21defacement of property is a Class 4 felony when if the
22aggregate value of the damage to property does not exceed $300
23and the property damaged is a school building or place of
24worship. Criminal defacement of property is a Class 4 felony
25for a second or subsequent conviction or when if the aggregate

 

 

09700HB2582sam002- 40 -LRB097 07362 MRW 69385 a

1value of the damage to the property exceeds $300. Criminal
2defacement of property is a Class 3 felony when if the
3aggregate value of the damage to property exceeds $300 and the
4property damaged is a school building or place of worship.
5    (2) In addition to any other sentence that may be imposed
6for a violation of this Section that is chargeable as a Class 3
7or Class 4 felony, a person convicted of criminal defacement of
8property shall be subject to a mandatory minimum fine of $500
9plus the actual costs incurred by the property owner or the
10unit of government to abate, remediate, repair, or remove the
11effect of the damage to the property. To the extent permitted
12by law, reimbursement for the costs of abatement, remediation,
13repair, or removal shall be payable to the person who incurred
14the costs.
15    (3) In addition to any other sentence that may be imposed,
16a court shall order any person convicted of criminal defacement
17of property to perform community service for not less than 30
18and not more than 120 hours, if community service is available
19in the jurisdiction. The community service shall include, but
20need not be limited to, the cleanup and repair of the damage to
21property that was caused by the offense, or similar damage to
22property located in the municipality or county in which the
23offense occurred. When If the property damaged is a school
24building, the community service may include cleanup, removal,
25or painting over the defacement. In addition, whenever any
26person is placed on supervision for an alleged offense under

 

 

09700HB2582sam002- 41 -LRB097 07362 MRW 69385 a

1this Section, the supervision shall be conditioned upon the
2performance of the community service.
3    (4) For the purposes of this subsection (b), aggregate
4value shall be determined by adding the value of the damage to
5one or more properties if the offenses were committed as part
6of a single course of conduct.
7(Source: P.A. 95-553, eff. 6-1-08; 96-499, eff. 8-14-09.)
 
8    (720 ILCS 5/21-1.4)
9    Sec. 21-1.4. Jackrocks violation.
10    (a) A person commits a jackrocks violation when he or she
11who knowingly:
12        (1) sells, gives away, manufactures, purchases, or
13possesses a jackrock; or
14        (2) who knowingly places, tosses, or throws a jackrock
15on public or private property commits a Class A misdemeanor.
16    (b) As used in this Section, "jackrock" means a caltrop or
17other object manufactured with one or more rounded or sharpened
18points, which when placed or thrown present at least one point
19at such an angle that it is peculiar to and designed for use in
20puncturing or damaging vehicle tires. It does not include a
21device designed to puncture or damage the tires of a vehicle
22driven over it in a particular direction, if a conspicuous and
23clearly visible warning is posted at the device's location,
24alerting persons to its presence.
25    (c) This Section does not apply to the possession,

 

 

09700HB2582sam002- 42 -LRB097 07362 MRW 69385 a

1transfer, or use of jackrocks by any law enforcement officer in
2the course of his or her official duties.
3    (d) Sentence. A jackrocks violation is a Class A
4misdemeanor.
5(Source: P.A. 89-130, eff. 7-14-95.)
 
6    (720 ILCS 5/Art. 21, Subdiv. 5 heading new)
7
SUBDIVISION 5. TRESPASS

 
8    (720 ILCS 5/21-2)  (from Ch. 38, par. 21-2)
9    Sec. 21-2. Criminal trespass to vehicles.
10    (a) A person commits criminal trespass to vehicles when he
11or she Whoever knowingly and without authority enters any part
12of or operates any vehicle, aircraft, watercraft or snowmobile
13commits a Class A misdemeanor.
14    (b) Sentence. Criminal trespass to vehicles is a Class A
15misdemeanor.
16(Source: P.A. 83-488.)
 
17    (720 ILCS 5/21-3)  (from Ch. 38, par. 21-3)
18    Sec. 21-3. Criminal trespass to real property.
19    (a) A person commits criminal trespass to real property
20when he or she Except as provided in subsection (a-5), whoever:
21        (1) knowingly and without lawful authority enters or
22    remains within or on a building; or
23        (2) enters upon the land of another, after receiving,

 

 

09700HB2582sam002- 43 -LRB097 07362 MRW 69385 a

1    prior to the such entry, notice from the owner or occupant
2    that the such entry is forbidden; or
3        (3) remains upon the land of another, after receiving
4    notice from the owner or occupant to depart; or
5        (3.5) presents false documents or falsely represents
6    his or her identity orally to the owner or occupant of a
7    building or land in order to obtain permission from the
8    owner or occupant to enter or remain in the building or on
9    the land; or
10        (4) enters a field used or capable of being used for
11    growing crops, an enclosed area containing livestock, an
12    agricultural building containing livestock, or an orchard
13    in or on a motor vehicle (including an off-road vehicle,
14    motorcycle, moped, or any other powered two-wheel vehicle)
15    after receiving, prior to the entry, notice from the owner
16    or occupant that the entry is forbidden or remains upon or
17    in the area after receiving notice from the owner or
18    occupant to depart commits a Class B misdemeanor.
19    For purposes of item (1) of this subsection, this Section
20shall not apply to being in a building which is open to the
21public while the building is open to the public during its
22normal hours of operation; nor shall this Section apply to a
23person who enters a public building under the reasonable belief
24that the building is still open to the public.
25    (a-5) Except as otherwise provided in this subsection,
26whoever enters upon any of the following areas in or on a motor

 

 

09700HB2582sam002- 44 -LRB097 07362 MRW 69385 a

1vehicle (including an off-road vehicle, motorcycle, moped, or
2any other powered two-wheel vehicle) after receiving, prior to
3that entry, notice from the owner or occupant that the entry is
4forbidden or remains upon or in the area after receiving notice
5from the owner or occupant to depart commits a Class A
6misdemeanor:
7        (1) A field that is used for growing crops or that is
8    capable of being used for growing crops.
9        (2) An enclosed area containing livestock.
10        (3) An orchard.
11        (4) A barn or other agricultural building containing
12    livestock.
13    (b) A person has received notice from the owner or occupant
14within the meaning of Subsection (a) if he or she has been
15notified personally, either orally or in writing including a
16valid court order as defined by subsection (7) of Section
17112A-3 of the Code of Criminal Procedure of 1963 granting
18remedy (2) of subsection (b) of Section 112A-14 of that Code,
19or if a printed or written notice forbidding such entry has
20been conspicuously posted or exhibited at the main entrance to
21the such land or the forbidden part thereof.
22    (b-5) Subject to the provisions of subsection (b-10), as an
23alternative to the posting of real property as set forth in
24subsection (b), the owner or lessee of any real property may
25post the property by placing identifying purple marks on trees
26or posts around the area to be posted. Each purple mark shall

 

 

09700HB2582sam002- 45 -LRB097 07362 MRW 69385 a

1be:
2        (1) A vertical line of at least 8 inches in length and
3    the bottom of the mark shall be no less than 3 feet nor
4    more than 5 feet high. Such marks shall be placed no more
5    than 100 feet apart and shall be readily visible to any
6    person approaching the property; or
7        (2) A post capped or otherwise marked on at least its
8    top 2 inches. The bottom of the cap or mark shall be not
9    less than 3 feet but not more than 5 feet 6 inches high.
10    Posts so marked shall be placed not more than 36 feet apart
11    and shall be readily visible to any person approaching the
12    property. Prior to applying a cap or mark which is visible
13    from both sides of a fence shared by different property
14    owners or lessees, all such owners or lessees shall concur
15    in the decision to post their own property.
16    Nothing in this subsection (b-5) shall be construed to
17authorize the owner or lessee of any real property to place any
18purple marks on any tree or post or to install any post or
19fence if doing so would violate any applicable law, rule,
20ordinance, order, covenant, bylaw, declaration, regulation,
21restriction, contract, or instrument.
22    (b-10) Any owner or lessee who marks his or her real
23property using the method described in subsection (b-5) must
24also provide notice as described in subsection (b) of this
25Section. The public of this State shall be informed of the
26provisions of subsection (b-5) of this Section by the Illinois

 

 

09700HB2582sam002- 46 -LRB097 07362 MRW 69385 a

1Department of Agriculture and the Illinois Department of
2Natural Resources. These Departments shall conduct an
3information campaign for the general public concerning the
4interpretation and implementation of subsection (b-5). The
5information shall inform the public about the marking
6requirements and the applicability of subsection (b-5)
7including information regarding the size requirements of the
8markings as well as the manner in which the markings shall be
9displayed. The Departments shall also include information
10regarding the requirement that, until the date this subsection
11becomes inoperative, any owner or lessee who chooses to mark
12his or her property using paint, must also comply with one of
13the notice requirements listed in subsection (b). The
14Departments may prepare a brochure or may disseminate the
15information through agency websites. Non-governmental
16organizations including, but not limited to, the Illinois
17Forestry Association, Illinois Tree Farm and the Walnut Council
18may help to disseminate the information regarding the
19requirements and applicability of subsection (b-5) based on
20materials provided by the Departments. This subsection (b-10)
21is inoperative on and after January 1, 2013.
22    (b-15) Subsections (b-5) and (b-10) do not apply to real
23property located in a municipality of over 2,000,000
24inhabitants.
25    (c) This Section does not apply to any person, whether a
26migrant worker or otherwise, living on the land with permission

 

 

09700HB2582sam002- 47 -LRB097 07362 MRW 69385 a

1of the owner or of his or her agent having apparent authority
2to hire workers on this such land and assign them living
3quarters or a place of accommodations for living thereon, nor
4to anyone living on the such land at the request of, or by
5occupancy, leasing or other agreement or arrangement with the
6owner or his or her agent, nor to anyone invited by the such
7migrant worker or other person so living on the such land to
8visit him or her at the place he is so living upon the land.
9    (d) A person shall be exempt from prosecution under this
10Section if he or she beautifies unoccupied and abandoned
11residential and industrial properties located within any
12municipality. For the purpose of this subsection, "unoccupied
13and abandoned residential and industrial property" means any
14real estate (1) in which the taxes have not been paid for a
15period of at least 2 years; and (2) which has been left
16unoccupied and abandoned for a period of at least one year; and
17"beautifies" means to landscape, clean up litter, or to repair
18dilapidated conditions on or to board up windows and doors.
19    (e) No person shall be liable in any civil action for money
20damages to the owner of unoccupied and abandoned residential
21and industrial property which that person beautifies pursuant
22to subsection (d) of this Section.
23    (f) This Section does not prohibit a person from entering a
24building or upon the land of another for emergency purposes.
25For purposes of this subsection (f), "emergency" means a
26condition or circumstance in which an individual is or is

 

 

09700HB2582sam002- 48 -LRB097 07362 MRW 69385 a

1reasonably believed by the person to be in imminent danger of
2serious bodily harm or in which property is or is reasonably
3believed to be in imminent danger of damage or destruction.
4    (g) Paragraph (3.5) of subsection (a) does not apply to a
5peace officer or other official of a unit of government who
6enters a building or land in the performance of his or her
7official duties.
8    (h) Sentence. A violation of subdivision (a)(1), (a)(2),
9(a)(3), or (a)(3.5) is a Class B misdemeanor. A violation of
10subdivision (a)(4) is a Class A misdemeanor.
11    (i) Civil liability. A person may be liable in any civil
12action for money damages to the owner of the land he or she
13entered upon with a motor vehicle as prohibited under paragraph
14(4) of subsection (a) (a-5) of this Section. A person may also
15be liable to the owner for court costs and reasonable
16attorney's fees. The measure of damages shall be: (i) the
17actual damages, but not less than $250, if the vehicle is
18operated in a nature preserve or registered area as defined in
19Sections 3.11 and 3.14 of the Illinois Natural Areas
20Preservation Act; (ii) twice the actual damages if the owner
21has previously notified the person to cease trespassing; or
22(iii) in any other case, the actual damages, but not less than
23$50. If the person operating the vehicle is under the age of
2416, the owner of the vehicle and the parent or legal guardian
25of the minor are jointly and severally liable. For the purposes
26of this subsection (i) (h):

 

 

09700HB2582sam002- 49 -LRB097 07362 MRW 69385 a

1        "Land" includes, but is not limited to, land used for
2    crop land, fallow land, orchard, pasture, feed lot, timber
3    land, prairie land, mine spoil nature preserves and
4    registered areas. "Land" does not include driveways or
5    private roadways upon which the owner allows the public to
6    drive.
7        "Owner" means the person who has the right to
8    possession of the land, including the owner, operator or
9    tenant.
10        "Vehicle" has the same meaning as provided under
11    Section 1-217 of the Illinois Vehicle Code.
12    (j) (i) This Section does not apply to the following persons
13while serving process:
14        (1) a person authorized to serve process under Section
15    2-202 of the Code of Civil Procedure; or
16        (2) a special process server appointed by the circuit
17    court.
18(Source: P.A. 97-184, eff. 7-22-11; 97-477, eff. 8-22-11;
19revised 9-14-11.)
 
20    (720 ILCS 5/21-5)  (from Ch. 38, par. 21-5)
21    Sec. 21-5. Criminal Trespass to State Supported Land.
22    (a) A person commits criminal trespass to State supported
23land when he or she Whoever enters upon land supported in whole
24or in part with State funds, or federal Federal funds
25administered or granted through State agencies or any building

 

 

09700HB2582sam002- 50 -LRB097 07362 MRW 69385 a

1on the such land, after receiving, prior to the such entry,
2notice from the State or its representative that the such entry
3is forbidden, or remains upon the such land or in the such
4building after receiving notice from the State or its
5representative to depart, and who thereby interferes with
6another person's lawful use or enjoyment of the such building
7or land, commits a Class A misdemeanor.
8    (b) A person has received notice from the State within the
9meaning of this subsection (a) if he or she has been notified
10personally, either orally or in writing, or if a printed or
11written notice forbidding such entry to him or her or a group
12of which he or she is a part, has been conspicuously posted or
13exhibited at the main entrance to the such land or the
14forbidden part thereof.
15    (b) (c) A person commits criminal trespass to State
16supported land when he or she Whoever enters upon land
17supported in whole or in part with State funds, or federal
18funds administered or granted through State agencies or any
19building on the such land by presenting false documents or
20falsely representing his or her identity orally to the State or
21its representative in order to obtain permission from the State
22or its representative to enter the building or land; or remains
23upon the such land or in the such building by presenting false
24documents or falsely representing his or her identity orally to
25the State or its representative in order to remain upon the
26such land or in the such building, and who thereby interferes

 

 

09700HB2582sam002- 51 -LRB097 07362 MRW 69385 a

1with another person's lawful use or enjoyment of the such
2building or land, commits a Class A misdemeanor.
3    This subsection Subsection (c) does not apply to a peace
4officer or other official of a unit of government who enters
5upon land supported in whole or in part with State funds, or
6federal funds administered or granted through State agencies or
7any building on the such land in the performance of his or her
8official duties.
9    (c) Sentence. Criminal trespass to State supported land is
10a Class A misdemeanor.
11(Source: P.A. 94-263, eff. 1-1-06.)
 
12    (720 ILCS 5/21-7)  (from Ch. 38, par. 21-7)
13    Sec. 21-7. Criminal trespass to restricted areas and
14restricted landing areas at airports; aggravated criminal
15trespass to restricted areas and restricted landing areas at
16airports.
17    (a) A person commits criminal trespass to restricted areas
18and restricted landing areas at airports when he or she enters
19upon, or remains in, any:
20        (1) Whoever enters upon, or remains in, any restricted
21    area or restricted landing area used in connection with an
22    airport facility, or part thereof, in this State, after the
23    such person has received notice from the airport authority
24    that the such entry is forbidden; commits a Class 4 felony
25        (2) restricted area or restricted landing area used in

 

 

09700HB2582sam002- 52 -LRB097 07362 MRW 69385 a

1    connection with an airport facility, or part thereof, in
2    this State by presenting false documents or falsely
3    representing his or her identity orally to the airport
4    authority;
5        (3) restricted area or restricted landing area as
6    prohibited in paragraph (1) of this subsection, while
7    dressed in the uniform of, improperly wearing the
8    identification of, presenting false credentials of, or
9    otherwise physically impersonating an airman, employee of
10    an airline, employee of an airport, or contractor at an
11    airport.
12     (b) A person commits aggravated criminal trespass to
13restricted areas and restricted landing areas at airports when
14he or she Whoever enters upon, or remains in, any restricted
15area or restricted landing area used in connection with an
16airport facility, or part thereof, in this State, while in
17possession of a weapon, replica of a weapon, or ammunition,
18after the person has received notice from the airport authority
19that the entry is forbidden commits a Class 3 felony.
20     (c) Notice that the area is "restricted" and entry thereto
21"forbidden", for purposes of this Section, means that the
22person or persons have been notified personally, either orally
23or in writing, or by a printed or written notice forbidding the
24such entry to him or her or a group or an organization of which
25he or she is a member, which has been conspicuously posted or
26exhibited at every usable entrance to the such area or the

 

 

09700HB2582sam002- 53 -LRB097 07362 MRW 69385 a

1forbidden part thereof.
2    (d) (Blank). Whoever enters upon, or remains in, any
3restricted area or restricted landing area used in connection
4with an airport facility, or part thereof, in this State by
5presenting false documents or falsely representing his or her
6identity orally to the airport authority commits a Class A
7misdemeanor.
8    (e) (Blank). Whoever enters upon, or remains in, any
9restricted area or restricted landing area as prohibited in
10subsection (a) of this Section, while dressed in the uniform
11of, improperly wearing the identification of, presenting false
12credentials of, or otherwise physically impersonating an
13airman, employee of an airline, employee of an airport, or
14contractor at an airport commits a Class 4 felony.
15    (f) The terms "Restricted area" or "Restricted landing
16area" in this Section are defined to incorporate the meaning
17ascribed to those terms in Section 8 of the "Illinois
18Aeronautics Act", approved July 24, 1945, as amended, and also
19include any other area of the airport that has been designated
20such by the airport authority.
21    The terms "airman" and "airport" in this Section are
22defined to incorporate the meaning ascribed to those terms in
23Sections 6 and 12 of the Illinois Aeronautics Act.
24    (g) Paragraph (2) of subsection (a) Subsection (d) does not
25apply to a peace officer or other official of a unit of
26government who enters a restricted area or a restricted landing

 

 

09700HB2582sam002- 54 -LRB097 07362 MRW 69385 a

1area used in connection with an airport facility, or part
2thereof, in the performance of his or her official duties.
3    (h) Sentence.
4    (1) A violation of paragraph (2) of subsection (a) is a
5Class A misdemeanor.
6    (2) A violation of paragraph (1) or (3) of subsection (a)
7is a Class 4 felony.
8    (3) A violation of subsection (b) is a Class 3 felony.
9(Source: P.A. 94-263, eff. 1-1-06; 94-547, eff. 1-1-06; 94-548,
10eff. 8-11-05; 95-331, eff. 8-21-07.)
 
11    (720 ILCS 5/21-8)
12    Sec. 21-8. Criminal trespass to a nuclear facility.
13    (a) A person commits the offense of criminal trespass to a
14nuclear facility when if he or she knowingly and without lawful
15authority:
16        (1) enters or remains within a nuclear facility or on
17    the grounds of a nuclear facility, after receiving notice
18    before entry that entry to the nuclear facility is
19    forbidden; or
20        (2) remains within the facility or on the grounds of
21    the facility after receiving notice from the owner or
22    manager of the facility or other person authorized by the
23    owner or manager of the facility to give that notice to
24    depart from the facility or grounds of the facility; or
25        (3) enters or remains within a nuclear facility or on

 

 

09700HB2582sam002- 55 -LRB097 07362 MRW 69385 a

1    the grounds of a nuclear facility, by presenting false
2    documents or falsely representing his or her identity
3    orally to the owner or manager of the facility. This
4    paragraph (3) does not apply to a peace officer or other
5    official of a unit of government who enters or remains in
6    the facility in the performance of his or her official
7    duties.
8    (b) A person has received notice from the owner or manager
9of the facility or other person authorized by the owner or
10manager of the facility within the meaning of paragraphs (1)
11and (2) of subsection (a) if he or she has been notified
12personally, either orally or in writing, or if a printed or
13written notice forbidding the entry has been conspicuously
14posted or exhibited at the main entrance to the facility or
15grounds of the facility or the forbidden part of the facility.
16    (c) In this Section, "nuclear facility" has the meaning
17ascribed to it in Section 3 of the Illinois Nuclear Safety
18Preparedness Act.
19    (d) Sentence. Criminal trespass to a nuclear facility is a
20Class 4 felony.
21(Source: P.A. 94-263, eff. 1-1-06.)
 
22    (720 ILCS 5/21-9)
23    Sec. 21-9. Criminal trespass to a place of public
24amusement.
25    (a) A person commits the offense of criminal trespass to a

 

 

09700HB2582sam002- 56 -LRB097 07362 MRW 69385 a

1place of public amusement when if he or she knowingly and
2without lawful authority enters or remains on any portion of a
3place of public amusement after having received notice that the
4general public is restricted from access to that portion of the
5place of public amusement. These Such areas may include, but
6are not limited to: a playing field, an athletic surface, a
7stage, a locker room, or a dressing room located at the place
8of public amusement.
9    (a-5) A person commits the offense of criminal trespass to
10a place of public amusement when if he or she knowingly and
11without lawful authority gains access to or remains on any
12portion of a place of public amusement by presenting false
13documents or falsely representing his or her identity orally to
14the property owner, a lessee, an agent of either the owner or
15lessee, or a performer or participant. This subsection (a-5)
16does not apply to a peace officer or other official of a unit
17of government who enters or remains in the place of public
18amusement in the performance of his or her official duties.
19    (b) A property owner, a lessee, an agent of either the
20owner or lessee, or a performer or participant may use
21reasonable force to restrain a trespasser and remove him or her
22from the restricted area; however, any use of force beyond
23reasonable force may subject that person to any applicable
24criminal penalty.
25    (c) A person has received notice within the meaning of
26subsection (a) if he or she has been notified personally,

 

 

09700HB2582sam002- 57 -LRB097 07362 MRW 69385 a

1either orally or in writing, or if a printed or written notice
2forbidding such entry has been conspicuously posted or
3exhibited at the entrance to the portion of the place of public
4amusement that is restricted or an oral warning has been
5broadcast over the public address system of the place of public
6amusement.
7    (d) In this Section, "place of public amusement" means a
8stadium, a theater, or any other facility of any kind, whether
9licensed or not, where a live performance, a sporting event, or
10any other activity takes place for other entertainment and
11where access to the facility is made available to the public,
12regardless of whether admission is charged.
13    (e) Sentence. Criminal trespass to a place of public
14amusement is a Class 4 felony. Upon imposition of any sentence,
15the court shall also impose a fine of not less than $1,000. In
16addition, any order of probation or conditional discharge
17entered following a conviction shall include a condition that
18the offender perform public or community service of not less
19than 30 and not more than 120 hours, if community service is
20available in the jurisdiction and is funded and approved by the
21county board of the county where the offender was convicted.
22The court may also impose any other condition of probation or
23conditional discharge under this Section.
24(Source: P.A. 93-407, eff. 1-1-04; 94-263, eff. 1-1-06.)
 
25    (720 ILCS 5/Art. 21, Subdiv. 10 heading new)

 

 

09700HB2582sam002- 58 -LRB097 07362 MRW 69385 a

1
SUBDIVISION 10. MISCELLANEOUS OFFENSES

 
2    (720 ILCS 5/21-10)
3    Sec. 21-10. Criminal use of a motion picture exhibition
4facility.
5    (a) A person commits criminal use of a motion picture
6exhibition facility, when he or she, Any person, where a motion
7picture is being exhibited, who knowingly operates an
8audiovisual recording function of a device without the consent
9of the owner or lessee of that exhibition facility and of the
10licensor of the motion picture being exhibited is guilty of
11criminal use of a motion picture exhibition facility.
12    (b) Sentence. Criminal use of a motion picture exhibition
13facility is a Class 4 felony.
14    (c) The owner or lessee of a facility where a motion
15picture is being exhibited, the authorized agent or employee of
16that owner or lessee, or the licensor of the motion picture
17being exhibited or his or her agent or employee, who alerts law
18enforcement authorities of an alleged violation of this Section
19is not liable in any civil action arising out of measures taken
20by that owner, lessee, licensor, agent, or employee in the
21course of subsequently detaining a person that the owner,
22lessee, licensor, agent, or employee, in good faith believed to
23have violated this Section while awaiting the arrival of law
24enforcement authorities, unless the plaintiff in such an action
25shows by clear and convincing evidence that such measures were

 

 

09700HB2582sam002- 59 -LRB097 07362 MRW 69385 a

1manifestly unreasonable or the period of detention was
2unreasonably long.
3    (d) This Section does not prevent any lawfully authorized
4investigative, law enforcement, protective, or intelligence
5gathering employee or agent of the State or federal government
6from operating any audiovisual recording device in any facility
7where a motion picture is being exhibited as part of lawfully
8authorized investigative, protective, law enforcement, or
9intelligence gathering activities.
10    (e) This Section does not apply to a person who operates an
11audiovisual recording function of a device in a retail
12establishment solely to demonstrate the use of that device for
13sales and display purposes.
14    (f) Nothing in this Section prevents the prosecution for
15conduct that constitutes a violation of this Section under any
16other provision of law providing for a greater penalty.
17    (g) In this Section, "audiovisual recording function"
18means the capability of a device to record or transmit a motion
19picture or any part of a motion picture by means of any
20technology now known or later developed and "facility" does not
21include a personal residence.
22(Source: P.A. 93-804, eff. 7-24-04.)
 
23    (720 ILCS 5/21-11 new)
24    Sec. 21-11. Distributing or delivering written or printed
25solicitation on school property.

 

 

09700HB2582sam002- 60 -LRB097 07362 MRW 69385 a

1    (a) Distributing or delivering written or printed
2solicitation on school property or within 1,000 feet of school
3property, for the purpose of inviting students to any event
4when a significant purpose of the event is to commit illegal
5acts or to solicit attendees to commit illegal acts, or to be
6held in or around abandoned buildings, is prohibited.
7    (b) For the purposes of this Section, "school property" is
8defined as the buildings or grounds of any public or private
9elementary or secondary school.
10    (c) Sentence. A violation of this Section is a Class C
11misdemeanor.
 
12    (720 ILCS 5/21.1-2)  (from Ch. 38, par. 21.1-2)
13    Sec. 21.1-2. Residential picketing. A person commits
14residential picketing when he or she pickets It is unlawful to
15picket before or about the residence or dwelling of any person,
16except when the residence or dwelling is used as a place of
17business. This However, this Article does not apply to a person
18peacefully picketing his own residence or dwelling and does not
19prohibit the peaceful picketing of the place of holding a
20meeting or assembly on premises commonly used to discuss
21subjects of general public interest.
22(Source: P.A. 81-1270.)
 
23    (720 ILCS 5/21.2-2)  (from Ch. 38, par. 21.2-2)
24    Sec. 21.2-2. Interference with a public institution of

 

 

09700HB2582sam002- 61 -LRB097 07362 MRW 69385 a

1education. A person commits interference with a public
2institution of education when he or she, on the campus of a
3public institution of education, or at or in any building or
4other facility owned, operated or controlled by the
5institution, without authority from the institution he or she,
6through force or violence, actual or threatened:
7    (1) knowingly (a) willfully denies to a trustee, school
8board member, superintendent, principal, employee, student or
9invitee of the institution:
10        (A) (1) Freedom of movement at that such place; or
11        (B) (2) Use of the property or facilities of the
12    institution; or
13        (C) (3) The right of ingress or egress to the property
14    or facilities of the institution; or
15    (2) knowingly (b) willfully impedes, obstructs, interferes
16with or disrupts:
17        (A) (1) the performance of institutional duties by a
18    trustee, school board member, superintendent, principal,
19    or employee of the institution; or
20        (B) (2) the pursuit of educational activities, as
21    determined or prescribed by the institution, by a trustee,
22    school board member, superintendent, principal, employee,
23    student or invitee of the institution; or
24    (3) (c) knowingly occupies or remains in or at any
25building, property or other facility owned, operated or
26controlled by the institution after due notice to depart.

 

 

09700HB2582sam002- 62 -LRB097 07362 MRW 69385 a

1(Source: P.A. 96-807, eff. 1-1-10.)
 
2    (720 ILCS 5/Art. 24.8 heading new)
3
ARTICLE 24.8. AIR RIFLES

 
4    (720 ILCS 5/24.8-0.1 new)
5    Sec. 24.8-0.1. Definitions. As used in this Article:
6    "Air rifle" means and includes any air gun, air pistol,
7spring gun, spring pistol, B-B gun, paint ball gun, pellet gun
8or any implement that is not a firearm which impels a breakable
9paint ball containing washable marking colors or, a pellet
10constructed of hard plastic, steel, lead or other hard
11materials with a force that reasonably is expected to cause
12bodily harm.
13    "Dealer" means any person, copartnership, association or
14corporation engaged in the business of selling at retail or
15renting any of the articles included in the definition of "air
16rifle".
17    "Municipalities" include cities, villages, incorporated
18towns and townships.
 
19    (720 ILCS 5/24.8-1 new)
20    Sec. 24.8-1. Selling, renting, or transferring air rifles
21to children.
22    (a) A dealer commits selling, renting, or transferring air
23rifles to children when he or she sells, lends, rents, gives or

 

 

09700HB2582sam002- 63 -LRB097 07362 MRW 69385 a

1otherwise transfers an air rifle to any person under the age of
213 years where the dealer knows or has cause to believe the
3person to be under 13 years of age or where the dealer has
4failed to make reasonable inquiry relative to the age of the
5person and the person is under 13 years of age.
6    (b) A person commits selling, renting, or transferring air
7rifles to children when he or she sells, gives, lends, or
8otherwise transfers any air rifle to any person under 13 years
9of age except where the relationship of parent and child,
10guardian and ward or adult instructor and pupil, exists between
11this person and the person under 13 years of age, or where the
12person stands in loco parentis to the person under 13 years of
13age.
 
14    (720 ILCS 5/24.8-2 new)
15    Sec. 24.8-2. Carrying or discharging air rifles on public
16streets.
17    (a) A person under 13 years of age commits carrying or
18discharging air rifles on public streets when he or she carries
19any air rifle on the public streets, roads, highways or public
20lands within this State, unless the person under 13 years of
21age carries the air rifle unloaded.
22    (b) A person commits carrying or discharging air rifles on
23public streets when he or she discharges any air rifle from or
24across any street, sidewalk, road, highway or public land or
25any public place except on a safely constructed target range.
 

 

 

09700HB2582sam002- 64 -LRB097 07362 MRW 69385 a

1    (720 ILCS 5/24.8-3 new)
2    Sec. 24.8-3. Permissive possession of an air rifle by a
3person under 13 years of age. Notwithstanding any provision of
4this Article, it is lawful for any person under 13 years of age
5to have in his or her possession any air rifle if it is:
6    (1) Kept within his or her house of residence or other
7private enclosure;
8    (2) Used by the person and he or she is a duly enrolled
9member of any club, team or society organized for educational
10purposes and maintaining as part of its facilities or having
11written permission to use an indoor or outdoor rifle range
12under the supervision guidance and instruction of a responsible
13adult and then only if the air rifle is actually being used in
14connection with the activities of the club team or society
15under the supervision of a responsible adult; or
16    (3) Used in or on any private grounds or residence under
17circumstances when the air rifle is fired, discharged or
18operated in a manner as not to endanger persons or property and
19then only if it is used in a manner as to prevent the
20projectile from passing over any grounds or space outside the
21limits of the grounds or residence.
 
22    (720 ILCS 5/24.8-4 new)
23    Sec. 24.8-4. Permissive sales. The provisions of this
24Article do not prohibit sales of air rifles:

 

 

09700HB2582sam002- 65 -LRB097 07362 MRW 69385 a

1    (1) By wholesale dealers or jobbers;
2    (2) To be shipped out of the State; or
3    (3) To be used at a target range operated in accordance
4with Section 24.8-3 of this Article or by members of the Armed
5Services of the United States or Veterans' organizations.
 
6    (720 ILCS 5/24.8-5 new)
7    Sec. 24.8-5. Sentence. A violation of this Article is a
8petty offense. The State Police or any sheriff or police
9officer shall seize, take, remove or cause to be removed at the
10expense of the owner, any air rifle sold or used in any manner
11in violation of this Article.
 
12    (720 ILCS 5/24.8-6 new)
13    Sec. 24.8-6. Municipal regulation. The provisions of any
14ordinance enacted by any municipality which impose greater
15restrictions or limitations in respect to the sale and
16purchase, use or possession of air rifles as herein defined
17than are imposed by this Article, are not invalidated nor
18affected by this Article.
 
19    (720 ILCS 5/25-1)  (from Ch. 38, par. 25-1)
20    Sec. 25-1. Mob action.
21    (a) A person commits the offense of mob action when he or
22she engages in any of the following:
23        (1) the knowing or reckless use of force or violence

 

 

09700HB2582sam002- 66 -LRB097 07362 MRW 69385 a

1    disturbing the public peace by 2 or more persons acting
2    together and without authority of law;
3        (2) the knowing assembly of 2 or more persons with the
4    intent to commit or facilitate the commission of a felony
5    or misdemeanor; or
6        (3) the knowing assembly of 2 or more persons, without
7    authority of law, for the purpose of doing violence to the
8    person or property of anyone supposed to have been guilty
9    of a violation of the law, or for the purpose of exercising
10    correctional powers or regulative powers over any person by
11    violence.
12    (b) Sentence.
13        (1) Mob action in violation of as defined in paragraph
14    (1) of subsection (a) is a Class 4 felony.
15        (2) (c) Mob action in violation of as defined in
16    paragraphs (2) and (3) of subsection (a) is a Class C
17    misdemeanor.
18        (3) (d) A Any participant in a mob action that by
19    violence inflicts injury to the person or property of
20    another commits a Class 4 felony.
21        (4) (e) A Any participant in a mob action who does not
22    withdraw when on being commanded to do so by a any peace
23    officer commits a Class A misdemeanor.
24        (5) (f) In addition to any other sentence that may be
25    imposed, a court shall order any person convicted of mob
26    action to perform community service for not less than 30

 

 

09700HB2582sam002- 67 -LRB097 07362 MRW 69385 a

1    and not more than 120 hours, if community service is
2    available in the jurisdiction and is funded and approved by
3    the county board of the county where the offense was
4    committed. In addition, whenever any person is placed on
5    supervision for an alleged offense under this Section, the
6    supervision shall be conditioned upon the performance of
7    the community service. This paragraph subsection does not
8    apply when the court imposes a sentence of incarceration.
9(Source: P.A. 96-710, eff. 1-1-10.)
 
10    (720 ILCS 5/25-4)
11    Sec. 25-4. Looting by individuals.
12    (a) A person commits the offense of looting when he or she
13knowingly without authority of law or the owner enters any home
14or dwelling or upon any premises of another, or enters any
15commercial, mercantile, business, or industrial building,
16plant, or establishment, in which normal security of property
17is not present by virtue of a hurricane, fire, or vis major of
18any kind or by virtue of a riot, mob, or other human agency,
19and obtains or exerts control over property of the owner.
20    (b) Sentence. Looting is a Class 4 felony. In addition to
21any other penalty imposed, the court shall impose a sentence of
22at least 100 hours of community service as determined by the
23court and shall require the defendant to make restitution to
24the owner of the property looted pursuant to Section 5-5-6 of
25the Unified Code of Corrections.

 

 

09700HB2582sam002- 68 -LRB097 07362 MRW 69385 a

1(Source: P.A. 96-710, eff. 1-1-10.)
 
2    (720 ILCS 5/25-5)   (was 720 ILCS 5/25-1.1)
3    Sec. 25-5. Unlawful contact with streetgang members.
4    (a) A person commits the offense of unlawful contact with
5streetgang members when he or she knowingly has direct or
6indirect contact with a streetgang member as defined in Section
710 of the Illinois Streetgang Terrorism Omnibus Prevention Act
8after having been:
9        (1) he or she knowingly has direct or indirect contact
10    with a streetgang member as defined in Section 10 of the
11    Illinois Streetgang Terrorism Omnibus Prevention Act after
12    having been sentenced to probation, conditional discharge,
13    or supervision for a criminal offense with a condition of
14    that sentence being to refrain from direct or indirect
15    contact with a streetgang member or members;
16        (2) he or she knowingly has direct or indirect contact
17    with a streetgang member as defined in Section 10 of the
18    Illinois Streetgang Terrorism Omnibus Prevention Act after
19    having been released on bond for any criminal offense with
20    a condition of that bond being to refrain from direct or
21    indirect contact with a streetgang member or members;
22        (3) he or she knowingly has direct or indirect contact
23    with a streetgang member as defined in Section 10 of the
24    Illinois Streetgang Terrorism Omnibus Prevention Act after
25    having been ordered by a judge in any non-criminal

 

 

09700HB2582sam002- 69 -LRB097 07362 MRW 69385 a

1    proceeding to refrain from direct or indirect contact with
2    a streetgang member or members; or
3        (4) he or she knowingly has direct or indirect contact
4    with a streetgang member as defined in Section 10 of the
5    Streetgang Terrorism Omnibus Prevention Act after having
6    been released from the Illinois Department of Corrections
7    on a condition of parole or mandatory supervised release
8    that he or she refrain from direct or indirect contact with
9    a streetgang member or members.
10    (b) Unlawful contact with streetgang members is a Class A
11misdemeanor.
12    (c) This Section does not apply to a person when the only
13streetgang member or members he or she is with is a family or
14household member or members as defined in paragraph (3) of
15Section 112A-3 of the Code of Criminal Procedure of 1963 and
16the streetgang members are not engaged in any
17streetgang-related activity.
18(Source: P.A. 96-710, eff. 1-1-10; incorporates P.A. 95-45,
19eff. 1-1-08; 96-1000, eff. 7-2-10.)
 
20    (720 ILCS 5/26-1)  (from Ch. 38, par. 26-1)
21    Sec. 26-1. Disorderly conduct Elements of the Offense.
22    (a) A person commits disorderly conduct when he or she
23knowingly:
24        (1) Does any act in such unreasonable manner as to
25    alarm or disturb another and to provoke a breach of the

 

 

09700HB2582sam002- 70 -LRB097 07362 MRW 69385 a

1    peace; or
2        (2) Transmits or causes to be transmitted in any manner
3    to the fire department of any city, town, village or fire
4    protection district a false alarm of fire, knowing at the
5    time of the such transmission that there is no reasonable
6    ground for believing that the such fire exists; or
7        (3) Transmits or causes to be transmitted in any manner
8    to another a false alarm to the effect that a bomb or other
9    explosive of any nature or a container holding poison gas,
10    a deadly biological or chemical contaminant, or
11    radioactive substance is concealed in a such place where
12    that its explosion or release would endanger human life,
13    knowing at the time of the such transmission that there is
14    no reasonable ground for believing that the such bomb,
15    explosive or a container holding poison gas, a deadly
16    biological or chemical contaminant, or radioactive
17    substance is concealed in the such place; or
18        (3.5) Transmits or causes to be transmitted a threat of
19    destruction of a school building or school property, or a
20    threat of violence, death, or bodily harm directed against
21    persons at a school, school function, or school event,
22    whether or not school is in session;
23        (4) Transmits or causes to be transmitted in any manner
24    to any peace officer, public officer or public employee a
25    report to the effect that an offense will be committed, is
26    being committed, or has been committed, knowing at the time

 

 

09700HB2582sam002- 71 -LRB097 07362 MRW 69385 a

1    of the such transmission that there is no reasonable ground
2    for believing that the such an offense will be committed,
3    is being committed, or has been committed; or
4        (5) Transmits or causes to be transmitted a false
5    report to any public safety agency without the reasonable
6    grounds necessary to believe that transmitting the report
7    is necessary for the safety and welfare of the public; or
8    Enters upon the property of another and for a lewd or
9    unlawful purpose deliberately looks into a dwelling on the
10    property through any window or other opening in it; or
11        (6) Calls the number "911" for the purpose of making or
12    transmitting a false alarm or complaint and reporting
13    information when, at the time the call or transmission is
14    made, the person knows there is no reasonable ground for
15    making the call or transmission and further knows that the
16    call or transmission could result in the emergency response
17    of any public safety agency; While acting as a collection
18    agency as defined in the "Collection Agency Act" or as an
19    employee of such collection agency, and while attempting to
20    collect an alleged debt, makes a telephone call to the
21    alleged debtor which is designed to harass, annoy or
22    intimidate the alleged debtor; or
23        (7) Transmits or causes to be transmitted a false
24    report to the Department of Children and Family Services
25    under Section 4 of the "Abused and Neglected Child
26    Reporting Act"; or

 

 

09700HB2582sam002- 72 -LRB097 07362 MRW 69385 a

1        (8) Transmits or causes to be transmitted a false
2    report to the Department of Public Health under the Nursing
3    Home Care Act, the Specialized Mental Health
4    Rehabilitation Act, or the ID/DD Community Care Act; or
5        (9) Transmits or causes to be transmitted in any manner
6    to the police department or fire department of any
7    municipality or fire protection district, or any privately
8    owned and operated ambulance service, a false request for
9    an ambulance, emergency medical technician-ambulance or
10    emergency medical technician-paramedic knowing at the time
11    there is no reasonable ground for believing that the such
12    assistance is required; or
13        (10) Transmits or causes to be transmitted a false
14    report under Article II of "An Act in relation to victims
15    of violence and abuse", approved September 16, 1984, as
16    amended; or
17        (11) Enters upon the property of another and for a lewd
18    or unlawful purpose deliberately looks into a dwelling on
19    the property through any window or other opening in it
20    Transmits or causes to be transmitted a false report to any
21    public safety agency without the reasonable grounds
22    necessary to believe that transmitting such a report is
23    necessary for the safety and welfare of the public; or
24        (12) While acting as a collection agency as defined in
25    the Collection Agency Act or as an employee of the
26    collection agency, and while attempting to collect an

 

 

09700HB2582sam002- 73 -LRB097 07362 MRW 69385 a

1    alleged debt, makes a telephone call to the alleged debtor
2    which is designed to harass, annoy or intimidate the
3    alleged debtor. Calls the number "911" for the purpose of
4    making or transmitting a false alarm or complaint and
5    reporting information when, at the time the call or
6    transmission is made, the person knows there is no
7    reasonable ground for making the call or transmission and
8    further knows that the call or transmission could result in
9    the emergency response of any public safety agency; or
10        (13) Transmits or causes to be transmitted a threat of
11    destruction of a school building or school property, or a
12    threat of violence, death, or bodily harm directed against
13    persons at a school, school function, or school event,
14    whether or not school is in session.
15    (b) Sentence. A violation of subsection (a)(1) of this
16Section is a Class C misdemeanor. A violation of subsection
17(a)(5) or (a)(11) of this Section is a Class A misdemeanor. A
18violation of subsection (a)(8) or (a)(10) of this Section is a
19Class B misdemeanor. A violation of subsection (a)(2),
20(a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9), (a)(12), or
21(a)(13) of this Section is a Class 4 felony. A violation of
22subsection (a)(3) of this Section is a Class 3 felony, for
23which a fine of not less than $3,000 and no more than $10,000
24shall be assessed in addition to any other penalty imposed.
25    A violation of subsection (a)(12) (a)(6) of this Section is
26a Business Offense and shall be punished by a fine not to

 

 

09700HB2582sam002- 74 -LRB097 07362 MRW 69385 a

1exceed $3,000. A second or subsequent violation of subsection
2(a)(7) or (a)(5) (a)(11) of this Section is a Class 4 felony. A
3third or subsequent violation of subsection (a)(11) (a)(5) of
4this Section is a Class 4 felony.
5    (c) In addition to any other sentence that may be imposed,
6a court shall order any person convicted of disorderly conduct
7to perform community service for not less than 30 and not more
8than 120 hours, if community service is available in the
9jurisdiction and is funded and approved by the county board of
10the county where the offense was committed. In addition,
11whenever any person is placed on supervision for an alleged
12offense under this Section, the supervision shall be
13conditioned upon the performance of the community service.
14    This subsection does not apply when the court imposes a
15sentence of incarceration.
16    (d) In addition to any other sentence that may be imposed,
17the court shall order any person convicted of disorderly
18conduct under paragraph (3) of subsection (a) involving a false
19alarm of a threat that a bomb or explosive device has been
20placed in a school to reimburse the unit of government that
21employs the emergency response officer or officers that were
22dispatched to the school for the cost of the search for a bomb
23or explosive device. For the purposes of this Section,
24"emergency response" means any incident requiring a response by
25a police officer, a firefighter, a State Fire Marshal employee,
26or an ambulance.

 

 

09700HB2582sam002- 75 -LRB097 07362 MRW 69385 a

1(Source: P.A. 96-339, eff. 7-1-10; 96-413, eff. 8-13-09;
296-772, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1261, eff.
31-1-11; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; revised
49-14-11.)
 
5    (720 ILCS 5/26-2)  (from Ch. 38, par. 26-2)
6    Sec. 26-2. Interference with emergency communication.
7    (a) A person commits the offense of interference with
8emergency communication when he or she knowingly,
9intentionally and without lawful justification interrupts,
10disrupts, impedes, or otherwise interferes with the
11transmission of a communication over a citizens band radio
12channel, the purpose of which communication is to inform or
13inquire about an emergency.
14    (b) For the purpose of this Section, "emergency" means a
15condition or circumstance in which an individual is or is
16reasonably believed by the person transmitting the
17communication to be in imminent danger of serious bodily injury
18or in which property is or is reasonably believed by the person
19transmitting the communication to be in imminent danger of
20damage or destruction.
21    (c) Sentence.
22        (1) Interference with emergency communication is a
23    Class B misdemeanor, except as otherwise provided in
24    paragraph (2).
25        (2) Interference with emergency communication, where

 

 

09700HB2582sam002- 76 -LRB097 07362 MRW 69385 a

1    serious bodily injury or property loss in excess of $1,000
2    results, is a Class A misdemeanor.
3(Source: P.A. 82-418.)
 
4    (720 ILCS 5/26-3)  (from Ch. 38, par. 26-3)
5    Sec. 26-3. Use of a facsimile machine in unsolicited
6advertising or fund-raising.
7    (a) Definitions:
8    (1) "Facsimile machine" means a device which is capable of
9sending or receiving facsimiles of documents through
10connection with a telecommunications network.
11    (2) "Person" means an individual, public or private
12corporation, unit of government, partnership or unincorporated
13association.
14    (b) A No person commits use of a facsimile machine in
15unsolicited advertising or fund-raising when he or she shall
16knowingly uses use a facsimile machine to send or cause to be
17sent to another person a facsimile of a document containing
18unsolicited advertising or fund-raising material, except to a
19person which the sender knows or under all of the circumstances
20reasonably believes has given the sender permission, either on
21a case by case or continuing basis, for the sending of the such
22material.
23    (c) Sentence. Any person who violates subsection (b) is
24guilty of a petty offense and shall be fined an amount not to
25exceed $500.

 

 

09700HB2582sam002- 77 -LRB097 07362 MRW 69385 a

1(Source: P.A. 86-555.)
 
2    (720 ILCS 5/26-4.5 new)
3    Sec. 26-4.5. Consumer communications privacy.
4    (a) For purposes of this Section, "communications company"
5means any person or organization which owns, controls, operates
6or manages any company which provides information or
7entertainment electronically to a household, including but not
8limited to a cable or community antenna television system.
9    (b) It shall be unlawful for a communications company to:
10        (1) install and use any equipment which would allow a
11    communications company to visually observe or listen to
12    what is occurring in an individual subscriber's household
13    without the knowledge or permission of the subscriber;
14        (2) provide any person or public or private
15    organization with a list containing the name of a
16    subscriber, unless the communications company gives notice
17    thereof to the subscriber;
18        (3) disclose the television viewing habits of any
19    individual subscriber without the subscriber's consent; or
20        (4) install or maintain a home-protection scanning
21    device in a dwelling as part of a communication service
22    without the express written consent of the occupant.
23    (c) Sentence. A violation of this Section is a business
24offense, punishable by a fine not to exceed $10,000 for each
25violation.

 

 

09700HB2582sam002- 78 -LRB097 07362 MRW 69385 a

1    (d) Civil liability. Any person who has been injured by a
2violation of this Section may commence an action in the circuit
3court for damages against any communications company which has
4committed a violation. If the court awards damages, the
5plaintiff shall be awarded costs.
 
6    (720 ILCS 5/26-7 new)
7    Sec. 26-7. Disorderly conduct with a laser or laser
8pointer.
9    (a) Definitions. For the purposes of this Section:
10        "Aircraft" means any contrivance now known or
11    hereafter invented, used, or designed for navigation of or
12    flight in the air, but excluding parachutes.
13        "Laser" means both of the following:
14            (1) any device that utilizes the natural
15        oscillations of atoms or molecules between energy
16        levels for generating coherent electromagnetic
17        radiation in the ultraviolet, visible, or infrared
18        region of the spectrum and when discharged exceeds one
19        milliwatt continuous wave;
20            (2) any device designed or used to amplify
21        electromagnetic radiation by simulated emission that
22        is visible to the human eye.
23        "Laser pointer" means a hand-held device that emits
24    light amplified by the stimulated emission of radiation
25    that is visible to the human eye.

 

 

09700HB2582sam002- 79 -LRB097 07362 MRW 69385 a

1        "Laser sight" means a laser pointer that can be
2    attached to a firearm and can be used to improve the
3    accuracy of the firearm.
4    (b) A person commits disorderly conduct with a laser or
5laser pointer when he or she intentionally or knowingly:
6        (1) aims an operating laser pointer at a person he or
7    she knows or reasonably should know to be a peace officer;
8    or
9        (2) aims and discharges a laser or other device that
10    creates visible light into the cockpit of an aircraft that
11    is in the process of taking off, landing, or is in flight.
12    (c) Paragraph (2) of subsection (b) does not apply to the
13following individuals who aim and discharge a laser or other
14device at an aircraft:
15        (1) an authorized individual in the conduct of research
16    and development or flight test operations conducted by an
17    aircraft manufacturer, the Federal Aviation
18    Administration, or any other person authorized by the
19    Federal Aviation Administration to conduct this research
20    and development or flight test operations; or
21        (2) members or elements of the Department of Defense or
22    Department of Homeland Security acting in an official
23    capacity for the purpose of research, development,
24    operations, testing, or training.
25    (d) Sentence. Disorderly conduct with a laser or laser
26pointer is a Class A misdemeanor.
 

 

 

09700HB2582sam002- 80 -LRB097 07362 MRW 69385 a

1    (720 ILCS 5/Art. 26.5 heading new)
2
ARTICLE 26.5. HARASSING AND OBSCENE COMMUNICATIONS

 
3    (720 ILCS 5/26.5-0.1 new)
4    Sec. 26.5-0.1. Definitions. As used in this Article:
5    "Electronic communication" means any transfer of signs,
6signals, writings, images, sounds, data or intelligence of any
7nature transmitted in whole or in part by a wire, radio,
8electromagnetic, photoelectric or photo-optical system.
9"Electronic communication" includes transmissions through an
10electronic device including, but not limited to, a telephone,
11cellular phone, computer, or pager, which communication
12includes, but is not limited to, e-mail, instant message, text
13message, or voice mail.
14    "Family or household member" includes spouses, former
15spouses, parents, children, stepchildren and other persons
16related by blood or by present or prior marriage, persons who
17share or formerly shared a common dwelling, persons who have or
18allegedly share a blood relationship through a child, persons
19who have or have had a dating or engagement relationship, and
20persons with disabilities and their personal assistants. For
21purposes of this Article, neither a casual acquaintanceship nor
22ordinary fraternization between 2 individuals in business or
23social contexts shall be deemed to constitute a dating
24relationship.

 

 

09700HB2582sam002- 81 -LRB097 07362 MRW 69385 a

1    "Harass" or "harassing" means knowing conduct which is not
2necessary to accomplish a purpose that is reasonable under the
3circumstances, that would cause a reasonable person emotional
4distress and does cause emotional distress to another.
 
5    (720 ILCS 5/26.5-1 new)
6    Sec. 26.5-1. Transmission of obscene messages.
7    (a) A person commits transmission of obscene messages when
8he or she sends messages or uses language or terms which are
9obscene, lewd or immoral with the intent to offend by means of
10or while using a telephone or telegraph facilities, equipment
11or wires of any person, firm or corporation engaged in the
12transmission of news or messages between states or within the
13State of Illinois.
14    (b) The trier of fact may infer intent to offend from the
15use of language or terms which are obscene, lewd or immoral.
 
16    (720 ILCS 5/26.5-2 new)
17    Sec. 26.5-2. Harassment by telephone.
18    (a) A person commits harassment by telephone when he or she
19uses telephone communication for any of the following purposes:
20        (1) Making any comment, request, suggestion or
21    proposal which is obscene, lewd, lascivious, filthy or
22    indecent with an intent to offend;
23        (2) Making a telephone call, whether or not
24    conversation ensues, with intent to abuse, threaten or

 

 

09700HB2582sam002- 82 -LRB097 07362 MRW 69385 a

1    harass any person at the called number;
2        (3) Making or causing the telephone of another
3    repeatedly to ring, with intent to harass any person at the
4    called number;
5        (4) Making repeated telephone calls, during which
6    conversation ensues, solely to harass any person at the
7    called number;
8        (5) Making a telephone call or knowingly inducing a
9    person to make a telephone call for the purpose of
10    harassing another person who is under 13 years of age,
11    regardless of whether the person under 13 years of age
12    consents to the harassment, if the defendant is at least 16
13    years of age at the time of the commission of the offense;
14    or
15        (6) Knowingly permitting any telephone under one's
16    control to be used for any of the purposes mentioned
17    herein.
18    (b) Every telephone directory published for distribution
19to members of the general public shall contain a notice setting
20forth a summary of the provisions of this Section. The notice
21shall be printed in type which is no smaller than any other
22type on the same page and shall be preceded by the word
23"WARNING". All telephone companies in this State shall
24cooperate with law enforcement agencies in using their
25facilities and personnel to detect and prevent violations of
26this Article.
 

 

 

09700HB2582sam002- 83 -LRB097 07362 MRW 69385 a

1    (720 ILCS 5/26.5-3 new)
2    Sec. 26.5-3. Harassment through electronic communications.
3    (a) A person commits harassment through electronic
4communications when he or she uses electronic communication for
5any of the following purposes:
6        (1) Making any comment, request, suggestion or
7    proposal which is obscene with an intent to offend;
8        (2) Interrupting, with the intent to harass, the
9    telephone service or the electronic communication service
10    of any person;
11        (3) Transmitting to any person, with the intent to
12    harass and regardless of whether the communication is read
13    in its entirety or at all, any file, document, or other
14    communication which prevents that person from using his or
15    her telephone service or electronic communications device;
16        (4) Transmitting an electronic communication or
17    knowingly inducing a person to transmit an electronic
18    communication for the purpose of harassing another person
19    who is under 13 years of age, regardless of whether the
20    person under 13 years of age consents to the harassment, if
21    the defendant is at least 16 years of age at the time of
22    the commission of the offense;
23        (5) Threatening injury to the person or to the property
24    of the person to whom an electronic communication is
25    directed or to any of his or her family or household

 

 

09700HB2582sam002- 84 -LRB097 07362 MRW 69385 a

1    members; or
2        (6) Knowingly permitting any electronic communications
3    device to be used for any of the purposes mentioned in this
4    subsection (a).
5    (b) Telecommunications carriers, commercial mobile service
6providers, and providers of information services, including,
7but not limited to, Internet service providers and hosting
8service providers, are not liable under this Section, except
9for willful and wanton misconduct, by virtue of the
10transmission, storage, or caching of electronic communications
11or messages of others or by virtue of the provision of other
12related telecommunications, commercial mobile services, or
13information services used by others in violation of this
14Section.
 
15    (720 ILCS 5/26.5-4 new)
16    Sec. 26.5-4. Evidence inference. Evidence that a defendant
17made additional telephone calls or engaged in additional
18electronic communications after having been requested by a
19named complainant or by a family or household member of the
20complainant to stop may be considered as evidence of an intent
21to harass unless disproved by evidence to the contrary.
 
22    (720 ILCS 5/26.5-5 new)
23    Sec. 26.5-5. Sentence.
24    (a) Except as provided in subsection (b), a person who

 

 

09700HB2582sam002- 85 -LRB097 07362 MRW 69385 a

1violates any of the provisions of Section 26.5-1, 26.5-2, or
226.5-3 of this Article is guilty of a Class B misdemeanor.
3Except as provided in subsection (b), a second or subsequent
4violation of Section 26.5-1, 26.5-2, or 26.5-3 of this Article
5is a Class A misdemeanor, for which the court shall impose a
6minimum of 14 days in jail or, if public or community service
7is established in the county in which the offender was
8convicted, 240 hours of public or community service.
9    (b) In any of the following circumstances, a person who
10violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article
11shall be guilty of a Class 4 felony:
12        (1) The person has 3 or more prior violations in the
13    last 10 years of harassment by telephone, harassment
14    through electronic communications, or any similar offense
15    of any other state;
16        (2) The person has previously violated the harassment
17    by telephone provisions, or the harassment through
18    electronic communications provisions, or committed any
19    similar offense in any other state with the same victim or
20    a member of the victim's family or household;
21        (3) At the time of the offense, the offender was under
22    conditions of bail, probation, conditional discharge,
23    mandatory supervised release or was the subject of an order
24    of protection, in this or any other state, prohibiting
25    contact with the victim or any member of the victim's
26    family or household;

 

 

09700HB2582sam002- 86 -LRB097 07362 MRW 69385 a

1        (4) In the course of the offense, the offender
2    threatened to kill the victim or any member of the victim's
3    family or household;
4        (5) The person has been convicted in the last 10 years
5    of a forcible felony as defined in Section 2-8 of the
6    Criminal Code of 1961;
7        (6) The person violates paragraph (5) of Section 26.5-2
8    or paragraph (4) of Section 26.5-3; or
9        (7) The person was at least 18 years of age at the time
10    of the commission of the offense and the victim was under
11    18 years of age at the time of the commission of the
12    offense.
13    (c) The court may order any person convicted under this
14Article to submit to a psychiatric examination.
 
15    (720 ILCS 5/28-1)  (from Ch. 38, par. 28-1)
16    Sec. 28-1. Gambling.
17    (a) A person commits gambling when he or she:
18        (1) knowingly plays Plays a game of chance or skill for
19    money or other thing of value, unless excepted in
20    subsection (b) of this Section; or
21        (2) knowingly makes Makes a wager upon the result of
22    any game, contest, or any political nomination,
23    appointment or election; or
24        (3) knowingly operates Operates, keeps, owns, uses,
25    purchases, exhibits, rents, sells, bargains for the sale or

 

 

09700HB2582sam002- 87 -LRB097 07362 MRW 69385 a

1    lease of, manufactures or distributes any gambling device;
2    or
3        (4) contracts Contracts to have or give himself or
4    herself or another the option to buy or sell, or contracts
5    to buy or sell, at a future time, any grain or other
6    commodity whatsoever, or any stock or security of any
7    company, where it is at the time of making such contract
8    intended by both parties thereto that the contract to buy
9    or sell, or the option, whenever exercised, or the contract
10    resulting therefrom, shall be settled, not by the receipt
11    or delivery of such property, but by the payment only of
12    differences in prices thereof; however, the issuance,
13    purchase, sale, exercise, endorsement or guarantee, by or
14    through a person registered with the Secretary of State
15    pursuant to Section 8 of the Illinois Securities Law of
16    1953, or by or through a person exempt from such
17    registration under said Section 8, of a put, call, or other
18    option to buy or sell securities which have been registered
19    with the Secretary of State or which are exempt from such
20    registration under Section 3 of the Illinois Securities Law
21    of 1953 is not gambling within the meaning of this
22    paragraph (4); or
23        (5) knowingly Knowingly owns or possesses any book,
24    instrument or apparatus by means of which bets or wagers
25    have been, or are, recorded or registered, or knowingly
26    possesses any money which he has received in the course of

 

 

09700HB2582sam002- 88 -LRB097 07362 MRW 69385 a

1    a bet or wager; or
2        (6) knowingly sells Sells pools upon the result of any
3    game or contest of skill or chance, political nomination,
4    appointment or election; or
5        (7) knowingly sets Sets up or promotes any lottery or
6    sells, offers to sell or transfers any ticket or share for
7    any lottery; or
8        (8) knowingly sets Sets up or promotes any policy game
9    or sells, offers to sell or knowingly possesses or
10    transfers any policy ticket, slip, record, document or
11    other similar device; or
12        (9) knowingly Knowingly drafts, prints or publishes
13    any lottery ticket or share, or any policy ticket, slip,
14    record, document or similar device, except for such
15    activity related to lotteries, bingo games and raffles
16    authorized by and conducted in accordance with the laws of
17    Illinois or any other state or foreign government; or
18        (10) knowingly Knowingly advertises any lottery or
19    policy game, except for such activity related to lotteries,
20    bingo games and raffles authorized by and conducted in
21    accordance with the laws of Illinois or any other state; or
22        (11) knowingly Knowingly transmits information as to
23    wagers, betting odds, or changes in betting odds by
24    telephone, telegraph, radio, semaphore or similar means;
25    or knowingly installs or maintains equipment for the
26    transmission or receipt of such information; except that

 

 

09700HB2582sam002- 89 -LRB097 07362 MRW 69385 a

1    nothing in this subdivision (11) prohibits transmission or
2    receipt of such information for use in news reporting of
3    sporting events or contests; or
4        (12) knowingly Knowingly establishes, maintains, or
5    operates an Internet site that permits a person to play a
6    game of chance or skill for money or other thing of value
7    by means of the Internet or to make a wager upon the result
8    of any game, contest, political nomination, appointment,
9    or election by means of the Internet. This item (12) does
10    not apply to activities referenced in items (6) and (6.1)
11    of subsection (b) of this Section.
12    (b) Participants in any of the following activities shall
13not be convicted of gambling therefor:
14        (1) Agreements to compensate for loss caused by the
15    happening of chance including without limitation contracts
16    of indemnity or guaranty and life or health or accident
17    insurance.
18        (2) Offers of prizes, award or compensation to the
19    actual contestants in any bona fide contest for the
20    determination of skill, speed, strength or endurance or to
21    the owners of animals or vehicles entered in such contest.
22        (3) Pari-mutuel betting as authorized by the law of
23    this State.
24        (4) Manufacture of gambling devices, including the
25    acquisition of essential parts therefor and the assembly
26    thereof, for transportation in interstate or foreign

 

 

09700HB2582sam002- 90 -LRB097 07362 MRW 69385 a

1    commerce to any place outside this State when such
2    transportation is not prohibited by any applicable Federal
3    law; or the manufacture, distribution, or possession of
4    video gaming terminals, as defined in the Video Gaming Act,
5    by manufacturers, distributors, and terminal operators
6    licensed to do so under the Video Gaming Act.
7        (5) The game commonly known as "bingo", when conducted
8    in accordance with the Bingo License and Tax Act.
9        (6) Lotteries when conducted by the State of Illinois
10    in accordance with the Illinois Lottery Law. This exemption
11    includes any activity conducted by the Department of
12    Revenue to sell lottery tickets pursuant to the provisions
13    of the Illinois Lottery Law and its rules.
14        (6.1) The purchase of lottery tickets through the
15    Internet for a lottery conducted by the State of Illinois
16    under the program established in Section 7.12 of the
17    Illinois Lottery Law.
18        (7) Possession of an antique slot machine that is
19    neither used nor intended to be used in the operation or
20    promotion of any unlawful gambling activity or enterprise.
21    For the purpose of this subparagraph (b)(7), an antique
22    slot machine is one manufactured 25 years ago or earlier.
23        (8) Raffles when conducted in accordance with the
24    Raffles Act.
25        (9) Charitable games when conducted in accordance with
26    the Charitable Games Act.

 

 

09700HB2582sam002- 91 -LRB097 07362 MRW 69385 a

1        (10) Pull tabs and jar games when conducted under the
2    Illinois Pull Tabs and Jar Games Act.
3        (11) Gambling games conducted on riverboats when
4    authorized by the Riverboat Gambling Act.
5        (12) Video gaming terminal games at a licensed
6    establishment, licensed truck stop establishment, licensed
7    fraternal establishment, or licensed veterans
8    establishment when conducted in accordance with the Video
9    Gaming Act.
10        (13) Games of skill or chance where money or other
11    things of value can be won but no payment or purchase is
12    required to participate.
13    (c) Sentence.
14    Gambling under subsection (a)(1) or (a)(2) of this Section
15is a Class A misdemeanor. Gambling under any of subsections
16(a)(3) through (a)(11) of this Section is a Class A
17misdemeanor. A second or subsequent conviction under any of
18subsections (a)(3) through (a)(12) (a)(11), is a Class 4
19felony. Gambling under subsection (a)(12) of this Section is a
20Class A misdemeanor. A second or subsequent conviction under
21subsection (a)(12) is a Class 4 felony.
22    (d) Circumstantial evidence.
23    In prosecutions under subsection (a)(1) through (a)(12) of
24this Section circumstantial evidence shall have the same
25validity and weight as in any criminal prosecution.
26(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09;

 

 

09700HB2582sam002- 92 -LRB097 07362 MRW 69385 a

196-1203, eff. 7-22-10.)
 
2    (720 ILCS 5/28-1.1)   (from Ch. 38, par. 28-1.1)
3    Sec. 28-1.1. Syndicated gambling.
4    (a) Declaration of Purpose. Recognizing the close
5relationship between professional gambling and other organized
6crime, it is declared to be the policy of the legislature to
7restrain persons from engaging in the business of gambling for
8profit in this State. This Section shall be liberally construed
9and administered with a view to carrying out this policy.
10    (b) A person commits syndicated gambling when he or she
11operates a "policy game" or engages in the business of
12bookmaking.
13    (c) A person "operates a policy game" when he or she
14knowingly uses any premises or property for the purpose of
15receiving or knowingly does receive from what is commonly
16called "policy":
17        (1) money from a person other than the bettor better or
18    player whose bets or plays are represented by the such
19    money; or
20        (2) written "policy game" records, made or used over
21    any period of time, from a person other than the bettor
22    better or player whose bets or plays are represented by the
23    such written record.
24    (d) A person engages in bookmaking when he or she knowingly
25receives or accepts more than five bets or wagers upon the

 

 

09700HB2582sam002- 93 -LRB097 07362 MRW 69385 a

1result of any trials or contests of skill, speed or power of
2endurance or upon any lot, chance, casualty, unknown or
3contingent event whatsoever, which bets or wagers shall be of
4such size that the total of the amounts of money paid or
5promised to be paid to the such bookmaker on account thereof
6shall exceed $2,000. Bookmaking is the receiving or accepting
7of such bets or wagers regardless of the form or manner in
8which the bookmaker records them.
9    (e) Participants in any of the following activities shall
10not be convicted of syndicated gambling:
11        (1) Agreements to compensate for loss caused by the
12    happening of chance including without limitation contracts
13    of indemnity or guaranty and life or health or accident
14    insurance; and
15        (2) Offers of prizes, award or compensation to the
16    actual contestants in any bona fide contest for the
17    determination of skill, speed, strength or endurance or to
18    the owners of animals or vehicles entered in the such
19    contest; and
20        (3) Pari-mutuel betting as authorized by law of this
21    State; and
22        (4) Manufacture of gambling devices, including the
23    acquisition of essential parts therefor and the assembly
24    thereof, for transportation in interstate or foreign
25    commerce to any place outside this State when the such
26    transportation is not prohibited by any applicable Federal

 

 

09700HB2582sam002- 94 -LRB097 07362 MRW 69385 a

1    law; and
2        (5) Raffles when conducted in accordance with the
3    Raffles Act; and
4        (6) Gambling games conducted on riverboats when
5    authorized by the Riverboat Gambling Act; and
6        (7) Video gaming terminal games at a licensed
7    establishment, licensed truck stop establishment, licensed
8    fraternal establishment, or licensed veterans
9    establishment when conducted in accordance with the Video
10    Gaming Act.
11    (f) Sentence. Syndicated gambling is a Class 3 felony.
12(Source: P.A. 96-34, eff. 7-13-09.)
 
13    (720 ILCS 5/30-2)  (from Ch. 38, par. 30-2)
14    Sec. 30-2. Misprision of treason.
15    (a) A person owing allegiance to this State commits
16misprision of treason when he or she knowingly conceals or
17withholds his or her knowledge that another has committed
18treason against this State.
19    (b) Sentence.
20    Misprision of treason is a Class 4 felony.
21(Source: P.A. 77-2638.)
 
22    (720 ILCS 5/31A-0.1 new)
23    Sec. 31A-0.1. Definitions. For the purposes of this
24Article:

 

 

09700HB2582sam002- 95 -LRB097 07362 MRW 69385 a

1    "Deliver" or "delivery" means the actual, constructive or
2attempted transfer of possession of an item of contraband, with
3or without consideration, whether or not there is an agency
4relationship.
5    "Employee" means any elected or appointed officer, trustee
6or employee of a penal institution or of the governing
7authority of the penal institution, or any person who performs
8services for the penal institution pursuant to contract with
9the penal institution or its governing authority.
10    "Item of contraband" means any of the following:
11        (i) "Alcoholic liquor" as that term is defined in
12    Section 1-3.05 of the Liquor Control Act of 1934.
13        (ii) "Cannabis" as that term is defined in subsection
14    (a) of Section 3 of the Cannabis Control Act.
15        (iii) "Controlled substance" as that term is defined in
16    the Illinois Controlled Substances Act.
17        (iii-a) "Methamphetamine" as that term is defined in
18    the Illinois Controlled Substances Act or the
19    Methamphetamine Control and Community Protection Act.
20        (iv) "Hypodermic syringe" or hypodermic needle, or any
21    instrument adapted for use of controlled substances or
22    cannabis by subcutaneous injection.
23        (v) "Weapon" means any knife, dagger, dirk, billy,
24    razor, stiletto, broken bottle, or other piece of glass
25    which could be used as a dangerous weapon. This term
26    includes any of the devices or implements designated in

 

 

09700HB2582sam002- 96 -LRB097 07362 MRW 69385 a

1    subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of
2    this Code, or any other dangerous weapon or instrument of
3    like character.
4        (vi) "Firearm" means any device, by whatever name
5    known, which is designed to expel a projectile or
6    projectiles by the action of an explosion, expansion of gas
7    or escape of gas, including but not limited to:
8            (A) any pneumatic gun, spring gun, or B-B gun which
9        expels a single globular projectile not exceeding .18
10        inch in diameter; or
11            (B) any device used exclusively for signaling or
12        safety and required as recommended by the United States
13        Coast Guard or the Interstate Commerce Commission; or
14            (C) any device used exclusively for the firing of
15        stud cartridges, explosive rivets or industrial
16        ammunition; or
17            (D) any device which is powered by electrical
18        charging units, such as batteries, and which fires one
19        or several barbs attached to a length of wire and
20        which, upon hitting a human, can send out current
21        capable of disrupting the person's nervous system in
22        such a manner as to render him or her incapable of
23        normal functioning, commonly referred to as a stun gun
24        or taser.
25        (vii) "Firearm ammunition" means any self-contained
26    cartridge or shotgun shell, by whatever name known, which

 

 

09700HB2582sam002- 97 -LRB097 07362 MRW 69385 a

1    is designed to be used or adaptable to use in a firearm,
2    including but not limited to:
3            (A) any ammunition exclusively designed for use
4        with a device used exclusively for signaling or safety
5        and required or recommended by the United States Coast
6        Guard or the Interstate Commerce Commission; or
7            (B) any ammunition designed exclusively for use
8        with a stud or rivet driver or other similar industrial
9        ammunition.
10        (viii) "Explosive" means, but is not limited to, bomb,
11    bombshell, grenade, bottle or other container containing
12    an explosive substance of over one-quarter ounce for like
13    purposes such as black powder bombs and Molotov cocktails
14    or artillery projectiles.
15        (ix) "Tool to defeat security mechanisms" means, but is
16    not limited to, handcuff or security restraint key, tool
17    designed to pick locks, popper, or any device or instrument
18    used to or capable of unlocking or preventing from locking
19    any handcuff or security restraints, doors to cells, rooms,
20    gates or other areas of the penal institution.
21        (x) "Cutting tool" means, but is not limited to,
22    hacksaw blade, wirecutter, or device, instrument or file
23    capable of cutting through metal.
24        (xi) "Electronic contraband" for the purposes of
25    Section 31A-1.1 of this Article means, but is not limited
26    to, any electronic, video recording device, computer, or

 

 

09700HB2582sam002- 98 -LRB097 07362 MRW 69385 a

1    cellular communications equipment, including, but not
2    limited to, cellular telephones, cellular telephone
3    batteries, videotape recorders, pagers, computers, and
4    computer peripheral equipment brought into or possessed in
5    a penal institution without the written authorization of
6    the Chief Administrative Officer. "Electronic contraband"
7    for the purposes of Section 31A-1.2 of this Article, means,
8    but is not limited to, any electronic, video recording
9    device, computer, or cellular communications equipment,
10    including, but not limited to, cellular telephones,
11    cellular telephone batteries, videotape recorders, pagers,
12    computers, and computer peripheral equipment.
13    "Penal institution" means any penitentiary, State farm,
14reformatory, prison, jail, house of correction, police
15detention area, half-way house or other institution or place
16for the incarceration or custody of persons under sentence for
17offenses awaiting trial or sentence for offenses, under arrest
18for an offense, a violation of probation, a violation of
19parole, or a violation of mandatory supervised release, or
20awaiting a bail setting hearing or preliminary hearing;
21provided that where the place for incarceration or custody is
22housed within another public building this Article shall not
23apply to that part of the building unrelated to the
24incarceration or custody of persons.
 
25    (720 ILCS 5/31A-1.1)  (from Ch. 38, par. 31A-1.1)

 

 

09700HB2582sam002- 99 -LRB097 07362 MRW 69385 a

1    Sec. 31A-1.1. Bringing Contraband into a Penal
2Institution; Possessing Contraband in a Penal Institution.
3    (a) A person commits the offense of bringing contraband
4into a penal institution when he or she knowingly and without
5authority of any person designated or authorized to grant this
6such authority (1) brings an item of contraband into a penal
7institution or (2) causes another to bring an item of
8contraband into a penal institution or (3) places an item of
9contraband in such proximity to a penal institution as to give
10an inmate access to the contraband.
11    (b) A person commits the offense of possessing contraband
12in a penal institution when he or she knowingly possesses
13contraband in a penal institution, regardless of the intent
14with which he or she possesses it.
15    (c) (Blank). For the purposes of this Section, the words
16and phrases listed below shall be defined as follows:
17        (1) "Penal institution" means any penitentiary, State
18    farm, reformatory, prison, jail, house of correction,
19    police detention area, half-way house or other institution
20    or place for the incarceration or custody of persons under
21    sentence for offenses awaiting trial or sentence for
22    offenses, under arrest for an offense, a violation of
23    probation, a violation of parole, or a violation of
24    mandatory supervised release, or awaiting a bail setting
25    hearing or preliminary hearing; provided that where the
26    place for incarceration or custody is housed within another

 

 

09700HB2582sam002- 100 -LRB097 07362 MRW 69385 a

1    public building this Act shall not apply to that part of
2    such building unrelated to the incarceration or custody of
3    persons.
4        (2) "Item of contraband" means any of the following:
5            (i) "Alcoholic liquor" as such term is defined in
6        Section 1-3.05 of the Liquor Control Act of 1934.
7            (ii) "Cannabis" as such term is defined in
8        subsection (a) of Section 3 of the Cannabis Control
9        Act.
10            (iii) "Controlled substance" as such term is
11        defined in the Illinois Controlled Substances Act.
12            (iii-a) "Methamphetamine" as such term is defined
13        in the Illinois Controlled Substances Act or the
14        Methamphetamine Control and Community Protection Act.
15            (iv) "Hypodermic syringe" or hypodermic needle, or
16        any instrument adapted for use of controlled
17        substances or cannabis by subcutaneous injection.
18            (v) "Weapon" means any knife, dagger, dirk, billy,
19        razor, stiletto, broken bottle, or other piece of glass
20        which could be used as a dangerous weapon. Such term
21        includes any of the devices or implements designated in
22        subsections (a)(1), (a)(3) and (a)(6) of Section 24-1
23        of this Act, or any other dangerous weapon or
24        instrument of like character.
25            (vi) "Firearm" means any device, by whatever name
26        known, which is designed to expel a projectile or

 

 

09700HB2582sam002- 101 -LRB097 07362 MRW 69385 a

1        projectiles by the action of an explosion, expansion of
2        gas or escape of gas, including but not limited to:
3                (A) any pneumatic gun, spring gun, or B-B gun
4            which expels a single globular projectile not
5            exceeding .18 inch in diameter, or;
6                (B) any device used exclusively for signaling
7            or safety and required as recommended by the United
8            States Coast Guard or the Interstate Commerce
9            Commission; or
10                (C) any device used exclusively for the firing
11            of stud cartridges, explosive rivets or industrial
12            ammunition; or
13                (D) any device which is powered by electrical
14            charging units, such as batteries, and which fires
15            one or several barbs attached to a length of wire
16            and which, upon hitting a human, can send out
17            current capable of disrupting the person's nervous
18            system in such a manner as to render him incapable
19            of normal functioning, commonly referred to as a
20            stun gun or taser.
21            (vii) "Firearm ammunition" means any
22        self-contained cartridge or shotgun shell, by whatever
23        name known, which is designed to be used or adaptable
24        to use in a firearm, including but not limited to:
25                (A) any ammunition exclusively designed for
26            use with a device used exclusively for signaling or

 

 

09700HB2582sam002- 102 -LRB097 07362 MRW 69385 a

1            safety and required or recommended by the United
2            States Coast Guard or the Interstate Commerce
3            Commission; or
4                (B) any ammunition designed exclusively for
5            use with a stud or rivet driver or other similar
6            industrial ammunition.
7            (viii) "Explosive" means, but is not limited to,
8        bomb, bombshell, grenade, bottle or other container
9        containing an explosive substance of over one-quarter
10        ounce for like purposes such as black powder bombs and
11        Molotov cocktails or artillery projectiles.
12            (ix) "Tool to defeat security mechanisms" means,
13        but is not limited to, handcuff or security restraint
14        key, tool designed to pick locks, popper, or any device
15        or instrument used to or capable of unlocking or
16        preventing from locking any handcuff or security
17        restraints, doors to cells, rooms, gates or other areas
18        of the penal institution.
19            (x) "Cutting tool" means, but is not limited to,
20        hacksaw blade, wirecutter, or device, instrument or
21        file capable of cutting through metal.
22            (xi) "Electronic contraband" means, but is not
23        limited to, any electronic, video recording device,
24        computer, or cellular communications equipment,
25        including, but not limited to, cellular telephones,
26        cellular telephone batteries, videotape recorders,

 

 

09700HB2582sam002- 103 -LRB097 07362 MRW 69385 a

1        pagers, computers, and computer peripheral equipment
2        brought into or possessed in a penal institution
3        without the written authorization of the Chief
4        Administrative Officer.
5    (d) Sentence.
6        (1) Bringing into or possessing alcoholic liquor in
7    into a penal institution is a Class 4 felony. Possessing
8    alcoholic liquor in a penal institution is a Class 4
9    felony.
10        (2) (e) Bringing into or possessing cannabis in into a
11    penal institution is a Class 3 felony. Possessing cannabis
12    in a penal institution is a Class 3 felony.
13        (3) (f) Bringing into or possessing any amount of a
14    controlled substance classified in Schedules III, IV or V
15    of Article II of the Controlled Substance Act in into a
16    penal institution is a Class 2 felony. Possessing any
17    amount of a controlled substance classified in Schedule
18    III, IV, or V of Article II of the Controlled Substance Act
19    in a penal institution is a Class 2 felony.
20        (4) (g) Bringing into or possessing any amount of a
21    controlled substance classified in Schedules I or II of
22    Article II of the Controlled Substance Act in into a penal
23    institution is a Class 1 felony. Possessing any amount of a
24    controlled substance classified in Schedules I or II of
25    Article II of the Controlled Substance Act in a penal
26    institution is a Class 1 felony.

 

 

09700HB2582sam002- 104 -LRB097 07362 MRW 69385 a

1        (5) (h) Bringing into or possessing a hypodermic
2    syringe in an item of contraband listed in paragraph (iv)
3    of subsection (c)(2) into a penal institution is a Class 1
4    felony. Possessing an item of contraband listed in
5    paragraph (iv) of subsection (c)(2) in a penal institution
6    is a Class 1 felony.
7        (6) (i) Bringing into or possessing a weapon, tool to
8    defeat security mechanisms, cutting tool, or electronic
9    contraband in an item of contraband listed in paragraph
10    (v), (ix), (x), or (xi) of subsection (c)(2) into a penal
11    institution is a Class 1 felony. Possessing an item of
12    contraband listed in paragraph (v), (ix), (x), or (xi) of
13    subsection (c)(2) in a penal institution is a Class 1
14    felony.
15        (7) (j) Bringing into or possessing a firearm, firearm
16    ammunition, or explosive an item of contraband listed in
17    paragraphs (vi), (vii) or (viii) of subsection (c)(2) in a
18    penal institution is a Class X felony. Possessing an item
19    of contraband listed in paragraphs (vi), (vii), or (viii)
20    of subsection (c)(2) in a penal institution is a Class X
21    felony.
22    (e) (k) It shall be an affirmative defense to subsection
23(b) hereof, that the such possession was specifically
24authorized by rule, regulation, or directive of the governing
25authority of the penal institution or order issued under it
26pursuant thereto.

 

 

09700HB2582sam002- 105 -LRB097 07362 MRW 69385 a

1    (f) (l) It shall be an affirmative defense to subsection
2(a)(1) and subsection (b) hereof that the person bringing into
3or possessing contraband in a penal institution had been
4arrested, and that that person possessed the such contraband at
5the time of his or her arrest, and that the such contraband was
6brought into or possessed in the penal institution by that
7person as a direct and immediate result of his or her arrest.
8    (g) (m) Items confiscated may be retained for use by the
9Department of Corrections or disposed of as deemed appropriate
10by the Chief Administrative Officer in accordance with
11Department rules or disposed of as required by law.
12(Source: P.A. 96-1112, eff. 1-1-11.)
 
13    (720 ILCS 5/31A-1.2)  (from Ch. 38, par. 31A-1.2)
14    Sec. 31A-1.2. Unauthorized bringing of contraband into a
15penal institution by an employee; unauthorized possessing of
16contraband in a penal institution by an employee; unauthorized
17delivery of contraband in a penal institution by an employee.
18    (a) A person commits the offense of unauthorized bringing
19of contraband into a penal institution by an employee when a
20person who is an employee knowingly and without authority of
21any person designated or authorized to grant this such
22authority:
23        (1) brings or attempts to bring an item of contraband
24    listed in subsection (d)(4) into a penal institution, or
25        (2) causes or permits another to bring an item of

 

 

09700HB2582sam002- 106 -LRB097 07362 MRW 69385 a

1    contraband listed in subsection (d)(4) into a penal
2    institution.
3    (b) A person commits the offense of unauthorized possession
4of contraband in a penal institution by an employee when a
5person who is an employee knowingly and without authority of
6any person designated or authorized to grant this such
7authority possesses an item of contraband listed in subsection
8(d)(4) in a penal institution, regardless of the intent with
9which he or she possesses it.
10    (c) A person commits the offense of unauthorized delivery
11of contraband in a penal institution by an employee when a
12person who is an employee knowingly and without authority of
13any person designated or authorized to grant this such
14authority:
15        (1) delivers or possesses with intent to deliver an
16    item of contraband to any inmate of a penal institution, or
17        (2) conspires to deliver or solicits the delivery of an
18    item of contraband to any inmate of a penal institution, or
19        (3) causes or permits the delivery of an item of
20    contraband to any inmate of a penal institution, or
21        (4) permits another person to attempt to deliver an
22    item of contraband to any inmate of a penal institution.
23    (d) For purpose of this Section, the words and phrases
24listed below shall be defined as follows:
25        (1) "Penal Institution" shall have the meaning
26    ascribed to it in subsection (c)(1) of Section 31A-1.1 of

 

 

09700HB2582sam002- 107 -LRB097 07362 MRW 69385 a

1    this Code;
2        (2) "Employee" means any elected or appointed officer,
3    trustee or employee of a penal institution or of the
4    governing authority of the penal institution, or any person
5    who performs services for the penal institution pursuant to
6    contract with the penal institution or its governing
7    authority.
8        (3) "Deliver" or "delivery" means the actual,
9    constructive or attempted transfer of possession of an item
10    of contraband, with or without consideration, whether or
11    not there is an agency relationship;
12        (4) "Item of contraband" means any of the following:
13            (i) "Alcoholic liquor" as such term is defined in
14        Section 1-3.05 of the Liquor Control Act of 1934.
15            (ii) "Cannabis" as such term is defined in
16        subsection (a) of Section 3 of the Cannabis Control
17        Act.
18            (iii) "Controlled substance" as such term is
19        defined in the Illinois Controlled Substances Act.
20            (iii-a) "Methamphetamine" as such term is defined
21        in the Illinois Controlled Substances Act or the
22        Methamphetamine Control and Community Protection Act.
23            (iv) "Hypodermic syringe" or hypodermic needle, or
24        any instrument adapted for use of controlled
25        substances or cannabis by subcutaneous injection.
26            (v) "Weapon" means any knife, dagger, dirk, billy,

 

 

09700HB2582sam002- 108 -LRB097 07362 MRW 69385 a

1        razor, stiletto, broken bottle, or other piece of glass
2        which could be used as a dangerous weapon. Such term
3        includes any of the devices or implements designated in
4        subsections (a)(1), (a)(3) and (a)(6) of Section 24-1
5        of this Act, or any other dangerous weapon or
6        instrument of like character.
7            (vi) "Firearm" means any device, by whatever name
8        known, which is designed to expel a projectile or
9        projectiles by the action of an explosion, expansion of
10        gas or escape of gas, including but not limited to:
11                (A) any pneumatic gun, spring gun, or B-B gun
12            which expels a single globular projectile not
13            exceeding .18 inch in diameter; or
14                (B) any device used exclusively for signaling
15            or safety and required or recommended by the United
16            States Coast Guard or the Interstate Commerce
17            Commission; or
18                (C) any device used exclusively for the firing
19            of stud cartridges, explosive rivets or industrial
20            ammunition; or
21                (D) any device which is powered by electrical
22            charging units, such as batteries, and which fires
23            one or several barbs attached to a length of wire
24            and which, upon hitting a human, can send out
25            current capable of disrupting the person's nervous
26            system in such a manner as to render him incapable

 

 

09700HB2582sam002- 109 -LRB097 07362 MRW 69385 a

1            of normal functioning, commonly referred to as a
2            stun gun or taser.
3            (vii) "Firearm ammunition" means any
4        self-contained cartridge or shotgun shell, by whatever
5        name known, which is designed to be used or adaptable
6        to use in a firearm, including but not limited to:
7                (A) any ammunition exclusively designed for
8            use with a device used exclusively for signaling or
9            safety and required or recommended by the United
10            States Coast Guard or the Interstate Commerce
11            Commission; or
12                (B) any ammunition designed exclusively for
13            use with a stud or rivet driver or other similar
14            industrial ammunition.
15            (viii) "Explosive" means, but is not limited to,
16        bomb, bombshell, grenade, bottle or other container
17        containing an explosive substance of over one-quarter
18        ounce for like purposes such as black powder bombs and
19        Molotov cocktails or artillery projectiles.
20            (ix) "Tool to defeat security mechanisms" means,
21        but is not limited to, handcuff or security restraint
22        key, tool designed to pick locks, popper, or any device
23        or instrument used to or capable of unlocking or
24        preventing from locking any handcuff or security
25        restraints, doors to cells, rooms, gates or other areas
26        of the penal institution.

 

 

09700HB2582sam002- 110 -LRB097 07362 MRW 69385 a

1            (x) "Cutting tool" means, but is not limited to,
2        hacksaw blade, wirecutter, or device, instrument or
3        file capable of cutting through metal.
4            (xi) "Electronic contraband" means, but is not
5        limited to, any electronic, video recording device,
6        computer, or cellular communications equipment,
7        including, but not limited to, cellular telephones,
8        cellular telephone batteries, videotape recorders,
9        pagers, computers, and computer peripheral equipment.
10    For a violation of subsection (a) or (b) involving a
11cellular telephone or cellular telephone battery, the
12defendant must intend to provide the cellular telephone or
13cellular telephone battery to any inmate in a penal
14institution, or to use the cellular telephone or cellular
15telephone battery at the direction of an inmate or for the
16benefit of any inmate of a penal institution.
17    (e) Sentence.
18         (1) A violation of paragraphs (a) or (b) of this
19    Section involving alcohol is a Class 4 felony. A violation
20    of paragraph (a) or (b) of this Section involving cannabis
21    is a Class 2 felony. A violation of paragraph (a) or (b)
22    involving any amount of a controlled substance classified
23    in Schedules III, IV or V of Article II of the Illinois
24    Controlled Substances Act is a Class 1 felony. A violation
25    of paragraph (a) or (b) of this Section involving any
26    amount of a controlled substance classified in Schedules I

 

 

09700HB2582sam002- 111 -LRB097 07362 MRW 69385 a

1    or II of Article II of the Illinois Controlled Substances
2    Act is a Class X felony. A violation of paragraph (a) or
3    (b) involving a hypodermic syringe an item of contraband
4    listed in paragraph (iv) of subsection (d)(4) is a Class X
5    felony. A violation of paragraph (a) or (b) involving a
6    weapon, tool to defeat security mechanisms, cutting tool,
7    or electronic contraband an item of contraband listed in
8    paragraph (v), (ix), (x), or (xi) of subsection (d)(4) is a
9    Class 1 felony. A violation of paragraph (a) or (b)
10    involving a firearm, firearm ammunition, or explosive an
11    item of contraband listed in paragraphs (vi), (vii) or
12    (viii) of subsection (d)(4) is a Class X felony.
13        (2) (f) A violation of paragraph (c) of this Section
14    involving alcoholic liquor is a Class 3 felony. A violation
15    of paragraph (c) involving cannabis is a Class 1 felony. A
16    violation of paragraph (c) involving any amount of a
17    controlled substance classified in Schedules III, IV or V
18    of Article II of the Illinois Controlled Substances Act is
19    a Class X felony. A violation of paragraph (c) involving
20    any amount of a controlled substance classified in
21    Schedules I or II of Article II of the Illinois Controlled
22    Substances Act is a Class X felony for which the minimum
23    term of imprisonment shall be 8 years. A violation of
24    paragraph (c) involving a hypodermic syringe an item of
25    contraband listed in paragraph (iv) of subsection (d)(4) is
26    a Class X felony for which the minimum term of imprisonment

 

 

09700HB2582sam002- 112 -LRB097 07362 MRW 69385 a

1    shall be 8 years. A violation of paragraph (c) involving a
2    weapon, tool to defeat security mechanisms, cutting tool,
3    or electronic contraband an item of contraband listed in
4    paragraph (v), (ix), (x), or (xi) of subsection (d)(4) is a
5    Class X felony for which the minimum term of imprisonment
6    shall be 10 years. A violation of paragraph (c) involving a
7    firearm, firearm ammunition, or explosive an item of
8    contraband listed in paragraphs (vi), (vii) or (viii) of
9    subsection (d)(4) is a Class X felony for which the minimum
10    term of imprisonment shall be 12 years.
11    (f) (g) Items confiscated may be retained for use by the
12Department of Corrections or disposed of as deemed appropriate
13by the Chief Administrative Officer in accordance with
14Department rules or disposed of as required by law.
15    (g) (h) For a violation of subsection (a) or (b) involving
16alcoholic liquor, a weapon, firearm, firearm ammunition, tool
17to defeat security mechanisms, cutting tool, or electronic
18contraband items described in clause (i), (v), (vi), (vii),
19(ix), (x), or (xi) of paragraph (4) of subsection (d), the such
20items shall not be considered to be in a penal institution when
21they are secured in an employee's locked, private motor vehicle
22parked on the grounds of a penal institution.
23(Source: P.A. 96-328, eff. 8-11-09; 96-1112, eff. 1-1-11;
2496-1325, eff. 7-27-10; 97-333, eff. 8-12-11.)
 
25    (720 ILCS 5/32-1)  (from Ch. 38, par. 32-1)

 

 

09700HB2582sam002- 113 -LRB097 07362 MRW 69385 a

1    Sec. 32-1. Compounding a crime.
2    (a) A person commits compounding compounds a crime when he
3or she knowingly receives or offers to another any
4consideration for a promise not to prosecute or aid in the
5prosecution of an offender.
6    (b) Sentence. Compounding a crime is a petty offense.
7(Source: P.A. 77-2638.)
 
8    (720 ILCS 5/32-2)  (from Ch. 38, par. 32-2)
9    Sec. 32-2. Perjury.
10    (a) A person commits perjury when, under oath or
11affirmation, in a proceeding or in any other matter where by
12law the such oath or affirmation is required, he or she makes a
13false statement, material to the issue or point in question,
14knowing the statement is false which he does not believe to be
15true.
16    (b) Proof of Falsity.
17    An indictment or information for perjury alleging that the
18offender, under oath, has knowingly made contradictory
19statements, material to the issue or point in question, in the
20same or in different proceedings, where the such oath or
21affirmation is required, need not specify which statement is
22false. At the trial, the prosecution need not establish which
23statement is false.
24    (c) Admission of Falsity.
25    Where the contradictory statements are made in the same

 

 

09700HB2582sam002- 114 -LRB097 07362 MRW 69385 a

1continuous trial, an admission by the offender in that same
2continuous trial of the falsity of a contradictory statement
3shall bar prosecution therefor under any provisions of this
4Code.
5    (d) A person shall be exempt from prosecution under
6subsection (a) of this Section if he or she is a peace officer
7who uses a false or fictitious name in the enforcement of the
8criminal laws, and this such use is approved in writing as
9provided in Section 10-1 of "The Liquor Control Act of 1934",
10as amended, Section 5 of "An Act in relation to the use of an
11assumed name in the conduct or transaction of business in this
12State", approved July 17, 1941, as amended, or Section 2605-200
13of the Department of State Police Law (20 ILCS 2605/2605-200).
14However, this exemption shall not apply to testimony in
15judicial proceedings where the identity of the peace officer is
16material to the issue, and he or she is ordered by the court to
17disclose his or her identity.
18    (e) Sentence.
19    Perjury is a Class 3 felony.
20(Source: P.A. 91-239, eff. 1-1-00.)
 
21    (720 ILCS 5/32-3)  (from Ch. 38, par. 32-3)
22    Sec. 32-3. Subornation of perjury.
23    (a) A person commits subornation of perjury when he or she
24knowingly procures or induces another to make a statement in
25violation of Section 32-2 which the person knows to be false.

 

 

09700HB2582sam002- 115 -LRB097 07362 MRW 69385 a

1    (b) Sentence.
2    Subornation of perjury is a Class 4 felony.
3(Source: P.A. 77-2638.)
 
4    (720 ILCS 5/32-4b)  (from Ch. 38, par. 32-4b)
5    Sec. 32-4b. Bribery for excuse from jury duty.
6    (a) A jury commissioner, or any other person acting on
7behalf of a jury commissioner, commits bribery for excuse from
8jury duty, when he or she knowingly who requests, solicits,
9suggests, or accepts financial compensation or any other form
10of consideration in exchange for a promise to excuse or for
11excusing any person from jury duty.
12    (b) Sentence. Bribery for excuse from jury duty is commits
13a Class 3 felony. In addition to any other penalty provided by
14law, a any jury commissioner convicted under this Section shall
15forfeit the performance bond required by Section 1 of "An Act
16in relation to jury commissioners and authorizing judges to
17appoint such commissioners and to make rules concerning their
18powers and duties", approved June 15, 1887, as amended, and
19shall be excluded from further service as a jury commissioner.
20(Source: P.A. 84-1428.)
 
21    (720 ILCS 5/32-4c)
22    Sec. 32-4c. Witnesses; prohibition on accepting payments
23before judgment or verdict.
24    (a) A person who, after the commencement of a criminal

 

 

09700HB2582sam002- 116 -LRB097 07362 MRW 69385 a

1prosecution, has been identified in the criminal discovery
2process as a person who may be called as a witness in a
3criminal proceeding shall not knowingly accept or receive,
4directly or indirectly, any payment or benefit in consideration
5for providing information obtained as a result of witnessing an
6event or occurrence or having personal knowledge of certain
7facts in relation to the criminal proceeding.
8    (b) Sentence. A violation of this Section is a Class B
9misdemeanor for which the court may impose a fine not to exceed
103 times the amount of compensation requested, accepted, or
11received.
12    (c) This Section remains applicable until the judgment of
13the court in the action if the defendant is tried by the court
14without a jury or the rendering of the verdict by the jury if
15the defendant is tried by jury in the action.
16    (d) This Section does not apply to any of the following
17circumstances:
18        (1) Lawful To the lawful compensation paid to expert
19    witnesses, investigators, employees, or agents by a
20    prosecutor, law enforcement agency, or an attorney
21    employed to represent a person in a criminal matter.
22        (2) Lawful To the lawful compensation or benefits
23    provided to an informant by a prosecutor or law enforcement
24    agency.
25        (2.5) Lawful To the lawful compensation or benefits, or
26    both, provided to an informant under a local anti-crime

 

 

09700HB2582sam002- 117 -LRB097 07362 MRW 69385 a

1    program, such as Crime Stoppers, We-Tip, and similar
2    programs designed to solve crimes or that foster the
3    detection of crime and encourage persons through the
4    programs and otherwise to come forward with information
5    about criminal activity.
6        (2.6) Lawful To the lawful compensation or benefits, or
7    both, provided by a private individual to another private
8    individual as a reward for information leading to the
9    arrest and conviction of specified offenders.
10        (3) Lawful To the lawful compensation paid to a
11    publisher, editor, reporter, writer, or other person
12    connected with or employed by a newspaper, magazine,
13    television or radio station or any other publishing or
14    media outlet for disclosing information obtained from
15    another person relating to an offense.
16    (e) For purposes of this Section, "publishing or media
17outlet" means a news gathering organization that sells or
18distributes news to newspapers, television, or radio stations,
19or a cable or broadcast television or radio network that
20disseminates news and information.
21    (f) The person identified as a witness referred to in
22subsection (a) of this Section may receive written notice from
23counsel for either the prosecution or defense of the fact that
24he or she has been identified as a person who may be called as a
25witness who may be called in a criminal proceeding and his or
26her responsibilities and possible penalties under this

 

 

09700HB2582sam002- 118 -LRB097 07362 MRW 69385 a

1Section. This Section shall be applicable only if the witness
2person referred to in subsection (a) of this Section received
3the written notice referred to in this subsection (f).
4(Source: P.A. 90-506, eff. 8-19-97.)
 
5    (720 ILCS 5/32-4d)
6    Sec. 32-4d. Payment of jurors by parties prohibited.
7    (a) After a verdict has been rendered in a civil or
8criminal case, a person who was a plaintiff or defendant in the
9case may not knowingly offer or pay an award or other fee to a
10juror who was a member of the jury that rendered the verdict in
11the case.
12    (b) After a verdict has been rendered in a civil or
13criminal case, a member of the jury that rendered the verdict
14may not knowingly accept an award or fee from the plaintiff or
15defendant in that case.
16    (c) Sentence. A violation of this Section is a Class A
17misdemeanor.
18    (d) This Section does not apply to the payment of a fee or
19award to a person who was a juror for purposes unrelated to the
20jury's verdict or to the outcome of the case.
21(Source: P.A. 91-879, eff. 1-1-01.)
 
22    (720 ILCS 5/32-7)  (from Ch. 38, par. 32-7)
23    Sec. 32-7. Simulating legal process.
24    (a) A person commits simulating legal process when he or

 

 

09700HB2582sam002- 119 -LRB097 07362 MRW 69385 a

1she who issues or delivers any document which he or she knows
2falsely purports to be or simulates any civil or criminal
3process commits a Class B misdemeanor.
4    (b) Sentence. Simulating legal process is a Class B
5misdemeanor.
6(Source: P.A. 77-2638.)
 
7    (720 ILCS 5/32-8)  (from Ch. 38, par. 32-8)
8    Sec. 32-8. Tampering with public records.
9    (a) A person commits tampering with public records when he
10or she who knowingly, without lawful authority, and with the
11intent to defraud any party, public officer or entity, alters,
12destroys, defaces, removes or conceals any public record
13commits a Class 4 felony.
14    (b) (Blank). "Public record" expressly includes, but is not
15limited to, court records, or documents, evidence, or exhibits
16filed with the clerk of the court and which have become a part
17of the official court record, pertaining to any civil or
18criminal proceeding in any court.
19    (c) A Any judge, circuit clerk or clerk of court, public
20official or employee, court reporter, or other person commits
21tampering with public records when he or she who knowingly,
22without lawful authority, and with the intent to defraud any
23party, public officer or entity, alters, destroys, defaces,
24removes, or conceals any public record received or held by any
25judge or by a clerk of any court commits a Class 3 felony.

 

 

09700HB2582sam002- 120 -LRB097 07362 MRW 69385 a

1    (c-5) "Public record" expressly includes, but is not
2limited to, court records, or documents, evidence, or exhibits
3filed with the clerk of the court and which have become a part
4of the official court record, pertaining to any civil or
5criminal proceeding in any court.
6    (d) Sentence. A violation of subsection (a) is a Class 4
7felony. A violation of subsection (c) is a Class 3 felony. Any
8person convicted under subsection (c) who at the time of the
9violation was responsible for making, keeping, storing, or
10reporting the record for which the tampering occurred:
11        (1) shall forfeit his or her public office or public
12    employment, if any, and shall thereafter be ineligible for
13    both State and local public office and public employment in
14    this State for a period of 5 years after completion of any
15    term of probation, conditional discharge, or incarceration
16    in a penitentiary including the period of mandatory
17    supervised release;
18        (2) shall forfeit all retirement, pension, and other
19    benefits arising out of public office or public employment
20    as may be determined by the court in accordance with the
21    applicable provisions of the Illinois Pension Code;
22        (3) shall be subject to termination of any professional
23    licensure or registration in this State as may be
24    determined by the court in accordance with the provisions
25    of the applicable professional licensing or registration
26    laws;

 

 

09700HB2582sam002- 121 -LRB097 07362 MRW 69385 a

1        (4) may be ordered by the court, after a hearing in
2    accordance with applicable law and in addition to any other
3    penalty or fine imposed by the court, to forfeit to the
4    State an amount equal to any financial gain or the value of
5    any advantage realized by the person as a result of the
6    offense; and
7        (5) may be ordered by the court, after a hearing in
8    accordance with applicable law and in addition to any other
9    penalty or fine imposed by the court, to pay restitution to
10    the victim in an amount equal to any financial loss or the
11    value of any advantage lost by the victim as a result of
12    the offense.
13    For the purposes of this subsection (d), an offense under
14subsection (c) committed by a person holding public office or
15public employment shall be rebuttably presumed to relate to or
16arise out of or in connection with that public office or public
17employment.
18    (e) Any party litigant who believes a violation of this
19Section has occurred may seek the restoration of the court
20record as provided in the Court Records Restoration Act. Any
21order of the court denying the restoration of the court record
22may be appealed as any other civil judgment.
23    (f) When the sheriff or local law enforcement agency having
24jurisdiction declines to investigate, or inadequately
25investigates, the court or any interested party, shall notify
26the State Police of a suspected violation of subsection (a) or

 

 

09700HB2582sam002- 122 -LRB097 07362 MRW 69385 a

1(c), who shall have the authority to investigate, and may
2investigate, the same, without regard to whether the such local
3law enforcement agency has requested the State Police to do so.
4    (g) If the State's Attorney having jurisdiction declines to
5prosecute a violation of subsection (a) or (c), the court or
6interested party shall notify the Attorney General of the such
7refusal. The Attorney General shall, thereafter, have the
8authority to prosecute, and may prosecute, the violation same,
9without a referral from the such State's Attorney.
10    (h) Prosecution of a violation of subsection (c) shall be
11commenced within 3 years after the act constituting the
12violation is discovered or reasonably should have been
13discovered.
14(Source: P.A. 96-1217, eff. 1-1-11; 96-1508, eff. 6-1-11.)
 
15    (720 ILCS 5/32-9)  (from Ch. 38, par. 32-9)
16    Sec. 32-9. Tampering with public notice.
17    (a) A person commits tampering with public notice when he
18or she who knowingly and without lawful authority alters,
19destroys, defaces, removes or conceals any public notice,
20posted according to law, during the time for which the notice
21was to remain posted, commits a petty offense.
22    (b) Sentence. Tampering with public notice is a petty
23offense.
24(Source: P.A. 77-2638.)
 

 

 

09700HB2582sam002- 123 -LRB097 07362 MRW 69385 a

1    (720 ILCS 5/32-10)  (from Ch. 38, par. 32-10)
2    Sec. 32-10. Violation of bail bond.
3    (a) Whoever, having been admitted to bail for appearance
4before any court of this State, incurs a forfeiture of the bail
5and knowingly willfully fails to surrender himself or herself
6within 30 days following the date of the such forfeiture,
7commits, if the bail was given in connection with a charge of
8felony or pending appeal or certiorari after conviction of any
9offense, a felony of the next lower Class or a Class A
10misdemeanor if the underlying offense was a Class 4 felony; or,
11if the bail was given in connection with a charge of committing
12a misdemeanor, or for appearance as a witness, commits a
13misdemeanor of the next lower Class, but not less than a Class
14C misdemeanor.
15    (a-5) Any person who knowingly violates a condition of bail
16bond by possessing a firearm in violation of his or her
17conditions of bail commits a Class 4 felony for a first
18violation and a Class 3 felony for a second or subsequent
19violation.
20    (b) Whoever, having been admitted to bail for appearance
21before any court of this State, while charged with a criminal
22offense in which the victim is a family or household member as
23defined in Article 112A of the Code of Criminal Procedure of
241963, knowingly violates a condition of that release as set
25forth in Section 110-10, subsection (d) of the Code of Criminal
26Procedure of 1963, commits a Class A misdemeanor.

 

 

09700HB2582sam002- 124 -LRB097 07362 MRW 69385 a

1    (c) Whoever, having been admitted to bail for appearance
2before any court of this State for a felony, Class A
3misdemeanor or a criminal offense in which the victim is a
4family or household member as defined in Article 112A of the
5Code of Criminal Procedure of 1963, is charged with any other
6felony, Class A misdemeanor, or a criminal offense in which the
7victim is a family or household member as defined in Article
8112A of the Code of Criminal Procedure of 1963 while on this
9such release, must appear before the court before bail is
10statutorily set.
11    (d) Nothing in this Section shall interfere with or prevent
12the exercise by any court of its power to punishment for
13contempt. Any sentence imposed for violation of this Section
14shall be served consecutive to the sentence imposed for the
15charge for which bail had been granted and with respect to
16which the defendant has been convicted.
17(Source: P.A. 91-696, eff. 4-13-00.)
 
18    (720 ILCS 5/32-15 new)
19    Sec. 32-15. Bail bond false statement. Any person who in
20any affidavit, document, schedule or other application to
21become surety or bail for another on any bail bond or
22recognizance in any civil or criminal proceeding then pending
23or about to be started against the other person, having taken a
24lawful oath or made affirmation, shall swear or affirm
25wilfully, corruptly and falsely as to the ownership or liens or

 

 

09700HB2582sam002- 125 -LRB097 07362 MRW 69385 a

1incumbrances upon or the value of any real or personal property
2alleged to be owned by the person proposed as surety or bail,
3the financial worth or standing of the person proposed as
4surety or bail, or as to the number or total penalties of all
5other bonds or recognizances signed by and standing against the
6proposed surety or bail, or any person who, having taken a
7lawful oath or made affirmation, shall testify wilfully,
8corruptly and falsely as to any of said matters for the purpose
9of inducing the approval of any such bail bond or recognizance;
10or for the purpose of justifying on any such bail bond or
11recognizance, or who shall suborn any other person to so swear,
12affirm or testify as aforesaid, shall be deemed and adjudged
13guilty of perjury or subornation of perjury (as the case may
14be) and punished accordingly.
 
15    (720 ILCS 5/33-1)  (from Ch. 38, par. 33-1)
16    Sec. 33-1. Bribery.) A person commits bribery when:
17    (a) With intent to influence the performance of any act
18related to the employment or function of any public officer,
19public employee, juror or witness, he or she promises or
20tenders to that person any property or personal advantage which
21he or she is not authorized by law to accept; or
22    (b) With intent to influence the performance of any act
23related to the employment or function of any public officer,
24public employee, juror or witness, he or she promises or
25tenders to one whom he or she believes to be a public officer,

 

 

09700HB2582sam002- 126 -LRB097 07362 MRW 69385 a

1public employee, juror or witness, any property or personal
2advantage which a public officer, public employee, juror or
3witness would not be authorized by law to accept; or
4    (c) With intent to cause any person to influence the
5performance of any act related to the employment or function of
6any public officer, public employee, juror or witness, he or
7she promises or tenders to that person any property or personal
8advantage which he or she is not authorized by law to accept;
9or
10    (d) He or she receives, retains or agrees to accept any
11property or personal advantage which he or she is not
12authorized by law to accept knowing that the such property or
13personal advantage was promised or tendered with intent to
14cause him or her to influence the performance of any act
15related to the employment or function of any public officer,
16public employee, juror or witness; or
17    (e) He or she solicits, receives, retains, or agrees to
18accept any property or personal advantage pursuant to an
19understanding that he or she shall improperly influence or
20attempt to influence the performance of any act related to the
21employment or function of any public officer, public employee,
22juror or witness.
23     (f) As used in this Section, "tenders" means any delivery
24or proffer made with the requisite intent.
25    (g) Sentence. Bribery is a Class 2 felony.
26(Source: P.A. 84-761.)
 

 

 

09700HB2582sam002- 127 -LRB097 07362 MRW 69385 a

1    (720 ILCS 5/33-8 new)
2    Sec. 33-8. Legislative misconduct.
3    (a) A member of the General Assembly commits legislative
4misconduct when he or she knowingly accepts or receives,
5directly or indirectly, any money or other valuable thing, from
6any corporation, company or person, for any vote or influence
7he or she may give or withhold on any bill, resolution or
8appropriation, or for any other official act.
9    (b) Sentence. Legislative misconduct is a Class 3 felony.
 
10    (720 ILCS 5/33E-11)  (from Ch. 38, par. 33E-11)
11    Sec. 33E-11. (a) Every bid submitted to and public contract
12executed pursuant to such bid by the State or a unit of local
13government shall contain a certification by the prime
14contractor that the prime contractor is not barred from
15contracting with any unit of State or local government as a
16result of a violation of either Section 33E-3 or 33E-4 of this
17Article. The State and units of local government shall provide
18the appropriate forms for such certification.
19    (b) A contractor who knowingly makes a false statement,
20material to the certification, commits a Class 3 felony.
21(Source: P.A. 86-150.)
 
22    (720 ILCS 5/33E-14)
23    Sec. 33E-14. False statements on vendor applications.

 

 

09700HB2582sam002- 128 -LRB097 07362 MRW 69385 a

1    (a) A person commits false statements on vendor
2applications when he or she Whoever knowingly makes any false
3statement or report, with the intent to influence for the
4purpose of influencing in any way the action of any unit of
5local government or school district in considering a vendor
6application, is guilty of a Class 3 felony.
7    (b) Sentence. False statements on vendor applications is a
8Class 3 felony.
9(Source: P.A. 90-800, eff. 1-1-99.)
 
10    (720 ILCS 5/33E-15)
11    Sec. 33E-15. False entries.
12    (a) An Any officer, agent, or employee of, or anyone who is
13affiliated in any capacity with any unit of local government or
14school district commits false entries when he or she and makes
15a false entry in any book, report, or statement of any unit of
16local government or school district with the intent to defraud
17the unit of local government or school district, is guilty of a
18Class 3 felony.
19    (b) Sentence. False entries is a Class 3 felony.
20(Source: P.A. 90-800, eff. 1-1-99.)
 
21    (720 ILCS 5/33E-16)
22    Sec. 33E-16. Misapplication of funds.
23    (a) An Whoever, being an officer, director, agent, or
24employee of, or affiliated in any capacity with any unit of

 

 

09700HB2582sam002- 129 -LRB097 07362 MRW 69385 a

1local government or school district commits misapplication of
2funds when he or she knowingly , willfully misapplies any of the
3moneys, funds, or credits of the unit of local government or
4school district is guilty of a Class 3 felony.
5    (b) Sentence. Misapplication of funds is a Class 3 felony.
6(Source: P.A. 90-800, eff. 1-1-99.)
 
7    (720 ILCS 5/33E-18)
8    Sec. 33E-18. Unlawful stringing of bids.
9    (a) A person commits unlawful stringing of bids when he or
10she, with the intent to evade No person for the purpose of
11evading the bidding requirements of any unit of local
12government or school district, shall knowingly strings string
13or assists assist in stringing, or attempts attempt to string
14any contract or job order with the unit of local government or
15school district.
16    (b) Sentence. Unlawful stringing of bids A person who
17violates this Section is guilty of a Class 4 felony.
18(Source: P.A. 90-800, eff. 1-1-99.)
 
19    (720 ILCS 5/Art. 48 heading new)
20
ARTICLE 48. ANIMALS

 
21    (720 ILCS 5/48-1 new)
22    Sec. 48-1 26-5. Dog fighting. (For other provisions that
23may apply to dog fighting, see the Humane Care for Animals Act.

 

 

09700HB2582sam002- 130 -LRB097 07362 MRW 69385 a

1For provisions similar to this Section that apply to animals
2other than dogs, see in particular Section 4.01 of the Humane
3Care for Animals Act.)
4    (a) No person may own, capture, breed, train, or lease any
5dog which he or she knows is intended for use in any show,
6exhibition, program, or other activity featuring or otherwise
7involving a fight between the dog and any other animal or
8human, or the intentional killing of any dog for the purpose of
9sport, wagering, or entertainment.
10    (b) No person may promote, conduct, carry on, advertise,
11collect money for or in any other manner assist or aid in the
12presentation for purposes of sport, wagering, or entertainment
13of any show, exhibition, program, or other activity involving a
14fight between 2 or more dogs or any dog and human, or the
15intentional killing of any dog.
16    (c) No person may sell or offer for sale, ship, transport,
17or otherwise move, or deliver or receive any dog which he or
18she knows has been captured, bred, or trained, or will be used,
19to fight another dog or human or be intentionally killed for
20purposes of sport, wagering, or entertainment.
21    (c-5) No person may solicit a minor to violate this
22Section.
23    (d) No person may manufacture for sale, shipment,
24transportation, or delivery any device or equipment which he or
25she knows or should know is intended for use in any show,
26exhibition, program, or other activity featuring or otherwise

 

 

09700HB2582sam002- 131 -LRB097 07362 MRW 69385 a

1involving a fight between 2 or more dogs, or any human and dog,
2or the intentional killing of any dog for purposes of sport,
3wagering, or entertainment.
4    (e) No person may own, possess, sell or offer for sale,
5ship, transport, or otherwise move any equipment or device
6which he or she knows or should know is intended for use in
7connection with any show, exhibition, program, or activity
8featuring or otherwise involving a fight between 2 or more
9dogs, or any dog and human, or the intentional killing of any
10dog for purposes of sport, wagering or entertainment.
11    (f) No person may knowingly make available any site,
12structure, or facility, whether enclosed or not, that he or she
13knows is intended to be used for the purpose of conducting any
14show, exhibition, program, or other activity involving a fight
15between 2 or more dogs, or any dog and human, or the
16intentional killing of any dog or knowingly manufacture,
17distribute, or deliver fittings to be used in a fight between 2
18or more dogs or a dog and human.
19    (g) No person may knowingly attend or otherwise patronize
20any show, exhibition, program, or other activity featuring or
21otherwise involving a fight between 2 or more dogs, or any dog
22and human, or the intentional killing of any dog for purposes
23of sport, wagering, or entertainment.
24    (h) No person may tie or attach or fasten any live animal
25to any machine or device propelled by any power for the purpose
26of causing the animal to be pursued by a dog or dogs. This

 

 

09700HB2582sam002- 132 -LRB097 07362 MRW 69385 a

1subsection (h) applies only when the dog is intended to be used
2in a dog fight.
3    (i) Sentence. Penalties for violations of this Section
4shall be as follows:
5        (1) Any person convicted of violating subsection (a),
6    (b), (c), or (h) of this Section is guilty of a Class 4
7    felony for a first violation and a Class 3 felony for a
8    second or subsequent violation, and may be fined an amount
9    not to exceed $50,000.
10        (1.5) A person who knowingly owns a dog for fighting
11    purposes or for producing a fight between 2 or more dogs or
12    a dog and human or who knowingly offers for sale or sells a
13    dog bred for fighting is guilty of a Class 3 felony and may
14    be fined an amount not to exceed $50,000, if the dog
15    participates in a dogfight and any of the following factors
16    is present:
17            (i) the dogfight is performed in the presence of a
18        person under 18 years of age;
19            (ii) the dogfight is performed for the purpose of
20        or in the presence of illegal wagering activity; or
21            (iii) the dogfight is performed in furtherance of
22        streetgang related activity as defined in Section 10 of
23        the Illinois Streetgang Terrorism Omnibus Prevention
24        Act.
25        (1.7) A person convicted of violating subsection (c-5)
26    of this Section is guilty of a Class 4 felony.

 

 

09700HB2582sam002- 133 -LRB097 07362 MRW 69385 a

1        (2) Any person convicted of violating subsection (d) or
2    (e) of this Section is guilty of a Class 4 felony for a
3    first violation. A second or subsequent violation of
4    subsection (d) or (e) of this Section is a Class 3 felony.
5        (2.5) Any person convicted of violating subsection (f)
6    of this Section is guilty of a Class 4 felony. Any person
7    convicted of violating subsection (f) of this Section in
8    which the site, structure, or facility made available to
9    violate subsection (f) is located within 1,000 feet of a
10    school, public park, playground, child care institution,
11    day care center, part day child care facility, day care
12    home, group day care home, or a facility providing programs
13    or services exclusively directed toward persons under 18
14    years of age is guilty of a Class 3 felony for a first
15    violation and a Class 2 felony for a second or subsequent
16    violation.
17        (3) Any person convicted of violating subsection (g) of
18    this Section is guilty of a Class 4 felony for a first
19    violation. A second or subsequent violation of subsection
20    (g) of this Section is a Class 3 felony. If a person under
21    13 years of age is present at any show, exhibition,
22    program, or other activity prohibited in subsection (g),
23    the parent, legal guardian, or other person who is 18 years
24    of age or older who brings that person under 13 years of
25    age to that show, exhibition, program, or other activity is
26    guilty of a Class 3 felony for a first violation and a

 

 

09700HB2582sam002- 134 -LRB097 07362 MRW 69385 a

1    Class 2 felony for a second or subsequent violation.
2    (i-5) A person who commits a felony violation of this
3Section is subject to the property forfeiture provisions set
4forth in Article 124B of the Code of Criminal Procedure of
51963.
6    (j) Any dog or equipment involved in a violation of this
7Section shall be immediately seized and impounded under Section
812 of the Humane Care for Animals Act when located at any show,
9exhibition, program, or other activity featuring or otherwise
10involving a dog fight for the purposes of sport, wagering, or
11entertainment.
12    (k) Any vehicle or conveyance other than a common carrier
13that is used in violation of this Section shall be seized,
14held, and offered for sale at public auction by the sheriff's
15department of the proper jurisdiction, and the proceeds from
16the sale shall be remitted to the general fund of the county
17where the violation took place.
18    (l) Any veterinarian in this State who is presented with a
19dog for treatment of injuries or wounds resulting from fighting
20where there is a reasonable possibility that the dog was
21engaged in or utilized for a fighting event for the purposes of
22sport, wagering, or entertainment shall file a report with the
23Department of Agriculture and cooperate by furnishing the
24owners' names, dates, and descriptions of the dog or dogs
25involved. Any veterinarian who in good faith complies with the
26requirements of this subsection has immunity from any

 

 

09700HB2582sam002- 135 -LRB097 07362 MRW 69385 a

1liability, civil, criminal, or otherwise, that may result from
2his or her actions. For the purposes of any proceedings, civil
3or criminal, the good faith of the veterinarian shall be
4rebuttably presumed.
5    (m) In addition to any other penalty provided by law, upon
6conviction for violating this Section, the court may order that
7the convicted person and persons dwelling in the same household
8as the convicted person who conspired, aided, or abetted in the
9unlawful act that was the basis of the conviction, or who knew
10or should have known of the unlawful act, may not own, harbor,
11or have custody or control of any dog or other animal for a
12period of time that the court deems reasonable.
13    (n) A violation of subsection (a) of this Section may be
14inferred from evidence that the accused possessed any device or
15equipment described in subsection (d), (e), or (h) of this
16Section, and also possessed any dog.
17    (o) When no longer required for investigations or court
18proceedings relating to the events described or depicted
19therein, evidence relating to convictions for violations of
20this Section shall be retained and made available for use in
21training peace officers in detecting and identifying
22violations of this Section. Such evidence shall be made
23available upon request to other law enforcement agencies and to
24schools certified under the Illinois Police Training Act.
25    (p) For the purposes of this Section, "school" has the
26meaning ascribed to it in Section 11-9.3 of this Code; and

 

 

09700HB2582sam002- 136 -LRB097 07362 MRW 69385 a

1"public park", "playground", "child care institution", "day
2care center", "part day child care facility", "day care home",
3"group day care home", and "facility providing programs or
4services exclusively directed toward persons under 18 years of
5age" have the meanings ascribed to them in Section 11-9.4 of
6this Code.
7(Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10;
896-1000, eff. 7-2-10; 96-1091, eff. 1-1-11.)
 
9    (720 ILCS 5/48-2 new)
10    Sec. 48-2. Animal research and production facilities
11protection.
12    (a) Definitions.
13        "Animal" means every living creature, domestic or
14    wild, but does not include man.
15        "Animal facility" means any facility engaging in legal
16    scientific research or agricultural production of or
17    involving the use of animals including any organization
18    with a primary purpose of representing livestock
19    production or processing, any organization with a primary
20    purpose of promoting or marketing livestock or livestock
21    products, any person licensed to practice veterinary
22    medicine, any institution as defined in the Impounding and
23    Disposition of Stray Animals Act, and any organization with
24    a primary purpose of representing any such person,
25    organization, or institution. "Animal facility" shall

 

 

09700HB2582sam002- 137 -LRB097 07362 MRW 69385 a

1    include the owner, operator, and employees of any animal
2    facility and any premises where animals are located.
3        "Director" means the Director of the Illinois
4    Department of Agriculture or the Director's authorized
5    representative.
6    (b) Legislative Declaration. There has been an increasing
7number of illegal acts committed against animal research and
8production facilities involving injury or loss of life to
9humans or animals, criminal trespass and damage to property.
10These actions not only abridge the property rights of the owner
11of the facility, they may also damage the public interest by
12jeopardizing crucial scientific, biomedical, or agricultural
13research or production. These actions can also threaten the
14public safety by possibly exposing communities to serious
15public health concerns and creating traffic hazards. These
16actions may substantially disrupt or damage publicly funded
17research and can result in the potential loss of physical and
18intellectual property. Therefore, it is in the interest of the
19people of the State of Illinois to protect the welfare of
20humans and animals as well as productive use of public funds to
21require regulation to prevent unauthorized possession,
22alteration, destruction, or transportation of research
23records, test data, research materials, equipment, research
24and agricultural production animals.
25    (c) It shall be unlawful for any person:
26        (1) to release, steal, or otherwise intentionally

 

 

09700HB2582sam002- 138 -LRB097 07362 MRW 69385 a

1    cause the death, injury, or loss of any animal at or from
2    an animal facility and not authorized by that facility;
3        (2) to damage, vandalize, or steal any property in or
4    on an animal facility;
5        (3) to obtain access to an animal facility by false
6    pretenses for the purpose of performing acts not authorized
7    by that facility;
8        (4) to enter into an animal facility with an intent to
9    destroy, alter, duplicate, or obtain unauthorized
10    possession of records, data, materials, equipment, or
11    animals;
12        (5) by theft or deception knowingly to obtain control
13    or to exert control over records, data, material,
14    equipment, or animals of any animal facility for the
15    purpose of depriving the rightful owner or animal facility
16    of the records, material, data, equipment, or animals or
17    for the purpose of concealing, abandoning, or destroying
18    these records, material, data, equipment, or animals; or
19        (6) to enter or remain on an animal facility with the
20    intent to commit an act prohibited under this Section.
21    (d) Sentence.
22        (1) Any person who violates any provision of subsection
23    (c) shall be guilty of a Class 4 felony for each violation,
24    unless the loss, theft, or damage to the animal facility
25    property exceeds $300 in value.
26        (2) If the loss, theft, or damage to the animal

 

 

09700HB2582sam002- 139 -LRB097 07362 MRW 69385 a

1    facility property exceeds $300 in value but does not exceed
2    $10,000 in value, the person is guilty of a Class 3 felony.
3        (3) If the loss, theft, or damage to the animal
4    facility property exceeds $10,000 in value but does not
5    exceed $100,000 in value, the person is guilty of a Class 2
6    felony.
7        (4) If the loss, theft, or damage to the animal
8    facility property exceeds $100,000 in value, the person is
9    guilty of a Class 1 felony.
10        (5) Any person who, with the intent that any violation
11    of any provision of subsection (c) be committed, agrees
12    with another to the commission of the violation and commits
13    an act in furtherance of this agreement is guilty of the
14    same class of felony as provided in paragraphs (1) through
15    (4) of this subsection for that violation.
16        (6) Restitution.
17            (A) The court shall conduct a hearing to determine
18        the reasonable cost of replacing materials, data,
19        equipment, animals and records that may have been
20        damaged, destroyed, lost or cannot be returned, and the
21        reasonable cost of repeating any experimentation that
22        may have been interrupted or invalidated as a result of
23        a violation of subsection (c).
24            (B) Any persons convicted of a violation shall be
25        ordered jointly and severally to make restitution to
26        the owner, operator, or both, of the animal facility in

 

 

09700HB2582sam002- 140 -LRB097 07362 MRW 69385 a

1        the full amount of the reasonable cost determined under
2        paragraph (A).
3    (e) Private right of action. Nothing in this Section shall
4preclude any animal facility injured in its business or
5property by a violation of this Section from seeking
6appropriate relief under any other provision of law or remedy
7including the issuance of a permanent injunction against any
8person who violates any provision of this Section. The animal
9facility owner or operator may petition the court to
10permanently enjoin the person from violating this Section and
11the court shall provide this relief.
12    (f) The Director shall have authority to investigate any
13alleged violation of this Section, along with any other law
14enforcement agency, and may take any action within the
15Director's authority necessary for the enforcement of this
16Section. State's Attorneys, State police and other law
17enforcement officials shall provide any assistance required in
18the conduct of an investigation and prosecution. Before the
19Director reports a violation for prosecution he or she may give
20the owner or operator of the animal facility and the alleged
21violator an opportunity to present his or her views at an
22administrative hearing. The Director may adopt any rules and
23regulations necessary for the enforcement of this Section.
 
24    (720 ILCS 5/48-3 new)
25    Sec. 48-3. Hunter or fisherman interference.

 

 

09700HB2582sam002- 141 -LRB097 07362 MRW 69385 a

1    (a) Definitions. As used in this Section:
2        "Aquatic life" means all fish, reptiles, amphibians,
3    crayfish, and mussels the taking of which is authorized by
4    the Fish and Aquatic Life Code.
5        "Interfere with" means to take any action that
6    physically impedes, hinders, or obstructs the lawful
7    taking of wildlife or aquatic life.
8        "Taking" means the capture or killing of wildlife or
9    aquatic life and includes travel, camping, and other acts
10    preparatory to taking which occur on lands or waters upon
11    which the affected person has the right or privilege to
12    take such wildlife or aquatic life.
13        "Wildlife" means any wildlife the taking of which is
14    authorized by the Wildlife Code and includes those species
15    that are lawfully released by properly licensed permittees
16    of the Department of Natural Resources.
17    (b) A person commits hunter or fisherman interference when
18he or she intentionally or knowingly:
19        (1) obstructs or interferes with the lawful taking of
20    wildlife or aquatic life by another person with the
21    specific intent to prevent that lawful taking;
22        (2) drives or disturbs wildlife or aquatic life for the
23    purpose of disrupting a lawful taking of wildlife or
24    aquatic life;
25        (3) blocks, impedes, or physically harasses another
26    person who is engaged in the process of lawfully taking

 

 

09700HB2582sam002- 142 -LRB097 07362 MRW 69385 a

1    wildlife or aquatic life;
2        (4) uses natural or artificial visual, aural,
3    olfactory, gustatory, or physical stimuli to affect
4    wildlife or aquatic life behavior in order to hinder or
5    prevent the lawful taking of wildlife or aquatic life;
6        (5) erects barriers with the intent to deny ingress or
7    egress to or from areas where the lawful taking of wildlife
8    or aquatic life may occur;
9        (6) intentionally interjects himself or herself into
10    the line of fire or fishing lines of a person lawfully
11    taking wildlife or aquatic life;
12        (7) affects the physical condition or placement of
13    personal or public property intended for use in the lawful
14    taking of wildlife or aquatic life in order to impair the
15    usefulness of the property or prevent the use of the
16    property;
17        (8) enters or remains upon or over private lands
18    without the permission of the owner or the owner's agent,
19    with the intent to violate this subsection; or
20        (9) fails to obey the order of a peace officer to
21    desist from conduct in violation of this subsection (b) if
22    the officer observes the conduct, or has reasonable grounds
23    to believe that the person has engaged in the conduct that
24    day or that the person plans or intends to engage in the
25    conduct that day on a specific premises.
26    (c) Exemptions; defenses.

 

 

09700HB2582sam002- 143 -LRB097 07362 MRW 69385 a

1        (1) This Section does not apply to actions performed by
2    authorized employees of the Department of Natural
3    Resources, duly accredited officers of the U.S. Fish and
4    Wildlife Service, sheriffs, deputy sheriffs, or other
5    peace officers if the actions are authorized by law and are
6    necessary for the performance of their official duties.
7        (2) This Section does not apply to landowners, tenants,
8    or lease holders exercising their legal rights to the
9    enjoyment of land, including, but not limited to, farming
10    and restricting trespass.
11        (3) It is an affirmative defense to a prosecution for a
12    violation of this Section that the defendant's conduct is
13    protected by his or her right to freedom of speech under
14    the constitution of this State or the United States.
15        (4) Any interested parties may engage in protests or
16    other free speech activities adjacent to or on the
17    perimeter of the location where the lawful taking of
18    wildlife or aquatic life is taking place, provided that
19    none of the provisions of this Section are being violated.
20    (d) Sentence. A first violation of paragraphs (1) through
21(8) of subsection (b) is a Class B misdemeanor. A second or
22subsequent violation of paragraphs (1) through (8) of
23subsection (b) is a Class A misdemeanor for which imprisonment
24for not less than 7 days shall be imposed. A person guilty of a
25second or subsequent violation of paragraphs (1) through (8) of
26subsection (b) is not eligible for court supervision. A

 

 

09700HB2582sam002- 144 -LRB097 07362 MRW 69385 a

1violation of paragraph (9) of subsection (b) is a Class A
2misdemeanor. A court shall revoke, for a period of one year to
35 years, any Illinois hunting, fishing, or trapping privilege,
4license or permit of any person convicted of violating any
5provision of this Section. For purposes of this subsection, a
6"second or subsequent violation" means a conviction under
7paragraphs (1) through (8) of subsection (b) of this Section
8within 2 years of a prior violation arising from a separate set
9of circumstances.
10    (e) Injunctions; damages.
11        (1) Any court may enjoin conduct which would be in
12    violation of paragraphs (1) through (8) of subsection (b)
13    upon petition by a person affected or who reasonably may be
14    affected by the conduct, upon a showing that the conduct is
15    threatened or that it has occurred on a particular premises
16    in the past and that it is not unreasonable to expect that
17    under similar circumstances it will be repeated.
18        (2) A court shall award all resulting costs and damages
19    to any person adversely affected by a violation of
20    paragraphs (1) through (8) of subsection (b), which may
21    include an award for punitive damages. In addition to other
22    items of special damage, the measure of damages may include
23    expenditures of the affected person for license and permit
24    fees, travel, guides, special equipment and supplies, to
25    the extent that these expenditures were rendered futile by
26    prevention of the taking of wildlife or aquatic life.
 

 

 

09700HB2582sam002- 145 -LRB097 07362 MRW 69385 a

1    (720 ILCS 5/48-4 new)
2    Sec. 48-4. Obtaining certificate of registration by false
3pretenses.
4    (a) A person commits obtaining certificate of registration
5by false pretenses when he or she, by any false pretense,
6obtains from any club, association, society or company for
7improving the breed of cattle, horses, sheep, swine, or other
8domestic animals, a certificate of registration of any animal
9in the herd register, or other register of any club,
10association, society or company, or a transfer of the
11registration.
12    (b) A person commits obtaining certificate of registration
13by false pretenses when he or she knowingly gives a false
14pedigree of any animal.
15    (c) Sentence. Obtaining certificate of registration by
16false pretenses is a Class A misdemeanor.
 
17    (720 ILCS 5/48-5 new)
18    Sec. 48-5. Horse mutilation.
19    (a) A person commits horse mutilation when he or she cuts
20the solid part of the tail of any horse in the operation known
21as docking, or by any other operation performed for the purpose
22of shortening the tail, and whoever shall cause the same to be
23done, or assist in doing this cutting, unless the same is
24proved to be a benefit to the horse.

 

 

09700HB2582sam002- 146 -LRB097 07362 MRW 69385 a

1    (b) Sentence. Horse mutilation is a Class A misdemeanor.
 
2    (720 ILCS 5/48-6 new)
3    Sec. 48-6. Horse racing false entry.
4    (a) That in order to encourage the breeding of and
5improvement in trotting, running and pacing horses in the
6State, it is hereby made unlawful for any person or persons
7knowingly to enter or cause to be entered for competition, or
8knowingly to compete with any horse, mare, gelding, colt or
9filly under any other than its true name or out of its proper
10class for any purse, prize, premium, stake or sweepstakes
11offered or given by any agricultural or other society,
12association, person or persons in the State where the prize,
13purse, premium, stake or sweepstakes is to be decided by a
14contest of speed.
15    (b) The name of any horse, mare, gelding, colt or filly,
16for the purpose of entry for competition or performance in any
17contest of speed, shall be the name under which the horse has
18publicly performed, and shall not be changed after having once
19so performed or contested for a prize, purse, premium, stake or
20sweepstakes, except as provided by the code of printed rules of
21the society or association under which the contest is
22advertised to be conducted.
23    (c) The official records shall be received in all courts as
24evidence upon the trial of any person under the provisions of
25this Section.

 

 

09700HB2582sam002- 147 -LRB097 07362 MRW 69385 a

1    (d) Sentence. A violation of subsection (a) is a Class 4
2felony.
 
3    (720 ILCS 5/48-7 new)
4    Sec. 48-7. Feeding garbage to animals.
5    (a) Definitions. As used in this Section:
6        "Department" means the Department of Agriculture of
7    the State of Illinois.
8        "Garbage" means putrescible vegetable waste, animal,
9    poultry, or fish carcasses or parts thereof resulting from
10    the handling, preparation, cooking, or consumption of
11    food, but does not include the contents of the bovine
12    digestive tract. "Garbage" also means the bodies or parts
13    of bodies of animals, poultry or fish.
14        "Person" means any person, firm, partnership,
15    association, corporation, or other legal entity, any
16    public or private institution, the State, or any municipal
17    corporation or political subdivision of the State.
18    (b) A person commits feeding garbage to animals when he or
19she feeds or permits the feeding of garbage to swine or any
20animals or poultry on any farm or any other premises where
21swine are kept.
22    (c) Establishments licensed under the Illinois Dead Animal
23Disposal Act or under similar laws in other states are exempt
24from the provisions of this Section.
25    (d) Nothing in this Section shall be construed to apply to

 

 

09700HB2582sam002- 148 -LRB097 07362 MRW 69385 a

1any person who feeds garbage produced in his or her own
2household to animals or poultry kept on the premises where he
3or she resides except this garbage if fed to swine shall not
4contain particles of meat.
5    (e) Sentence. Feeding garbage to animals is a Class B
6misdemeanor, and for the first offense shall be fined not less
7than $100 nor more than $500 and for a second or subsequent
8offense shall be fined not less than $200 nor more than $500 or
9imprisoned in a penal institution other than the penitentiary
10for not more than 6 months, or both.
11    (f) A person violating this Section may be enjoined by the
12Department from continuing the violation.
13    (g) The Department may make reasonable inspections
14necessary for the enforcement of this Section, and is
15authorized to enforce, and administer the provisions of this
16Section.
 
17    (720 ILCS 5/48-8 new)
18    Sec. 48-8. Guide dog access.
19    (a) When a blind, hearing impaired or physically
20handicapped person or a person who is subject to epilepsy or
21other seizure disorders is accompanied by a dog which serves as
22a guide, leader, seizure-alert, or seizure-response dog for the
23person or when a trainer of a guide, leader, seizure-alert, or
24seizure-response dog is accompanied by a guide, leader,
25seizure-alert, or seizure-response dog or a dog that is being

 

 

09700HB2582sam002- 149 -LRB097 07362 MRW 69385 a

1trained to be a guide, leader, seizure-alert, or
2seizure-response dog, neither the person nor the dog shall be
3denied the right of entry and use of facilities of any public
4place of accommodation as defined in Section 5-101 of the
5Illinois Human Rights Act, if the dog is wearing a harness and
6the person presents credentials for inspection issued by a
7school for training guide, leader, seizure-alert, or
8seizure-response dogs.
9    (b) A person who knowingly violates of this Section commits
10a Class C misdemeanor.
 
11    (720 ILCS 5/48-9 new)
12    Sec. 48-9. Misrepresentation of stallion and jack
13pedigree.
14    (a) The owner or keeper of any stallion or jack kept for
15public service commits misrepresentation of stallion and jack
16pedigree when he or she misrepresents the pedigree or breeding
17of the stallion or jack, or represents that the animal, so kept
18for public service, is registered, when in fact it is not
19registered in a published volume of a society for the registry
20of standard and purebred animals, or who shall post or publish,
21or cause to be posted or published, any false pedigree or
22breeding of this animal.
23    (b) Sentence. Misrepresentation of stallion and jack
24pedigree is a petty offense, and for a second or subsequent
25offense is a Class B misdemeanor.
 

 

 

09700HB2582sam002- 150 -LRB097 07362 MRW 69385 a

1
2    (720 ILCS 5/48-10 new)
3    Sec. 48-10. Dangerous animals.
4    (a) Definitions. As used in this Section, unless the
5context otherwise requires:
6        "Dangerous animal" means a lion, tiger, leopard,
7    ocelot, jaguar, cheetah, margay, mountain lion, lynx,
8    bobcat, jaguarundi, bear, hyena, wolf or coyote, or any
9    poisonous or life-threatening reptile.
10        "Owner" means any person who (1) has a right of
11    property in a dangerous animal or primate, (2) keeps or
12    harbors a dangerous animal or primate, (3) has a dangerous
13    animal or primate in his or her care, or (4) acts as
14    custodian of a dangerous animal or primate.
15        "Person" means any individual, firm, association,
16    partnership, corporation, or other legal entity, any
17    public or private institution, the State, or any municipal
18    corporation or political subdivision of the State.
19        "Primate" means a nonhuman member of the order primate,
20    including but not limited to chimpanzee, gorilla,
21    orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye,
22    and tarsier.
23    (b) Dangerous animal or primate offense. No person shall
24have a right of property in, keep, harbor, care for, act as
25custodian of or maintain in his or her possession any dangerous

 

 

09700HB2582sam002- 151 -LRB097 07362 MRW 69385 a

1animal or primate except at a properly maintained zoological
2park, federally licensed exhibit, circus, college or
3university, scientific institution, research laboratory,
4veterinary hospital, hound running area, or animal refuge in an
5escape-proof enclosure.
6    (c) Exemptions.
7        (1) This Section does not prohibit a person who had
8    lawful possession of a primate before January 1, 2011, from
9    continuing to possess that primate if the person registers
10    the animal by providing written notification to the local
11    animal control administrator on or before April 1, 2011.
12    The notification shall include:
13            (A) the person's name, address, and telephone
14        number; and
15            (B) the type of primate, the age, a photograph, a
16        description of any tattoo, microchip, or other
17        identifying information, and a list of current
18        inoculations.
19        (2) This Section does not prohibit a person who is
20    permanently disabled with a severe mobility impairment
21    from possessing a single capuchin monkey to assist the
22    person in performing daily tasks if:
23            (A) the capuchin monkey was obtained from and
24        trained at a licensed nonprofit organization described
25        in Section 501(c)(3) of the Internal Revenue Code of
26        1986, the nonprofit tax status of which was obtained on

 

 

09700HB2582sam002- 152 -LRB097 07362 MRW 69385 a

1        the basis of a mission to improve the quality of life
2        of severely mobility-impaired individuals; and
3            (B) the person complies with the notification
4        requirements as described in paragraph (1) of this
5        subsection (c).
6    (d) A person who registers a primate shall notify the local
7animal control administrator within 30 days of a change of
8address. If the person moves to another locality within the
9State, the person shall register the primate with the new local
10animal control administrator within 30 days of moving by
11providing written notification as provided in paragraph (1) of
12subsection (c) and shall include proof of the prior
13registration.
14    (e) A person who registers a primate shall notify the local
15animal control administrator immediately if the primate dies,
16escapes, or bites, scratches, or injures a person.
17    (f) It is no defense to a violation of subsection (b) that
18the person violating subsection (b) has attempted to
19domesticate the dangerous animal. If there appears to be
20imminent danger to the public, any dangerous animal found not
21in compliance with the provisions of this Section shall be
22subject to seizure and may immediately be placed in an approved
23facility. Upon the conviction of a person for a violation of
24subsection (b), the animal with regard to which the conviction
25was obtained shall be confiscated and placed in an approved
26facility, with the owner responsible for all costs connected

 

 

09700HB2582sam002- 153 -LRB097 07362 MRW 69385 a

1with the seizure and confiscation of the animal. Approved
2facilities include, but are not limited to, a zoological park,
3federally licensed exhibit, humane society, veterinary
4hospital or animal refuge.
5    (g) Sentence. Any person violating this Section is guilty
6of a Class C misdemeanor. Any corporation or partnership, any
7officer, director, manager or managerial agent of the
8partnership or corporation who violates this Section or causes
9the partnership or corporation to violate this Section is
10guilty of a Class C misdemeanor. Each day of violation
11constitutes a separate offense.
 
12    (720 ILCS 5/Art. 49 heading new)
13
ARTICLE 49. MISCELLANEOUS OFFENSES

 
14    (720 ILCS 5/49-1 new)
15    Sec. 49-1. Flag desecration.
16    (a) Definition. As used in this Section:
17        "Flag", "standard", "color" or "ensign" shall include
18    any flag, standard, color, ensign or any picture or
19    representation of either thereof, made of any substance or
20    represented on any substance and of any size evidently
21    purporting to be either of said flag, standard, color or
22    ensign of the United States of America, or a picture or a
23    representation of either thereof, upon which shall be shown
24    the colors, the stars, and the stripes, in any number of

 

 

09700HB2582sam002- 154 -LRB097 07362 MRW 69385 a

1    either thereof, of the flag, colors, standard, or ensign of
2    the United States of America.
3    (b) A person commits flag desecration when he or she
4knowingly:
5        (1) for exhibition or display, places or causes to be
6    placed any word, figure, mark, picture, design, drawing, or
7    any advertisement of any nature, upon any flag, standard,
8    color or ensign of the United States or State flag of this
9    State or ensign;
10        (2) exposes or causes to be exposed to public view any
11    such flag, standard, color or ensign, upon which has been
12    printed, painted or otherwise placed, or to which has been
13    attached, appended, affixed, or annexed, any word, figure,
14    mark, picture, design or drawing or any advertisement of
15    any nature;
16        (3) exposes to public view, manufactures, sells,
17    exposes for sale, gives away, or has in possession for sale
18    or to give away or for use for any purpose, any article or
19    substance, being an article of merchandise, or a receptacle
20    of merchandise or article or thing for carrying or
21    transporting merchandise upon which has been printed,
22    painted, attached, or otherwise placed a representation of
23    any such flag, standard, color, or ensign, to advertise,
24    call attention to, decorate, mark or distinguish the
25    article or substance on which so placed; or
26        (4) publicly mutilates, defaces, defiles, tramples, or

 

 

09700HB2582sam002- 155 -LRB097 07362 MRW 69385 a

1    intentionally displays on the ground or floor any such
2    flag, standard, color or ensign.
3    (c) All prosecutions under this Section shall be brought by
4any person in the name of the People of the State of Illinois,
5against any person or persons violating any of the provisions
6of this Section, before any circuit court. The State's
7Attorneys shall see that this Section is enforced in their
8respective counties, and shall prosecute all offenders on
9receiving information of the violation of this Section.
10Sheriffs, deputy sheriffs, and police officers shall inform
11against and prosecute all persons whom there is probable cause
12to believe are guilty of violating this Section. One-half of
13the amount recovered in any penal action under this Section
14shall be paid to the person making and filing the complaint in
15the action, and the remaining 1/2 to the school fund of the
16county in which the conviction is obtained.
17    (d) All prosecutions under this Section shall be commenced
18within six months from the time the offense was committed, and
19not afterwards.
20    (e) Sentence. A violation of paragraphs (1) through (3) of
21subsection (b) is a Class C misdemeanor. A violation of
22paragraph (4) of subsection (b) is a Class 4 felony.
 
23    (720 ILCS 5/49-1.5 new)
24    Sec. 49-1.5. Draft card mutilation.
25    (a) A person commits draft card mutilation when he or she

 

 

09700HB2582sam002- 156 -LRB097 07362 MRW 69385 a

1knowingly destroys or mutilates a valid registration
2certificate or any other valid certificate issued under the
3federal "Military Selective Service Act of 1967".
4    (b) Sentence. Draft card mutilation is a Class 4 felony.
 
5    (720 ILCS 5/49-2 new)
6    Sec. 49-2. Business use of military terms.
7    (a) It is unlawful for any person, concern, firm or
8corporation to use in the name, or description of the name, of
9any privately operated mercantile establishment which may or
10may not be engaged principally in the buying and selling of
11equipment or materials of the Government of the United States
12or any of its departments, agencies or military services, the
13terms "Army", "Navy", "Marine", "Coast Guard", "Government",
14"GI", "PX" or any terms denoting a branch of the government,
15either independently or in connection or conjunction with any
16other word or words, letter or insignia which import or imply
17that the products so described are or were made for the United
18States government or in accordance with government
19specifications or requirements, or of government materials, or
20that these products have been disposed of by the United States
21government as surplus or rejected stock.
22    (b) Sentence. A violation of this Section is a petty
23offense with a fine of not less than $25.00 nor more than $500
24for the first conviction, and not less than $500 or more than
25$1000 for each subsequent conviction.
 

 

 

09700HB2582sam002- 157 -LRB097 07362 MRW 69385 a

1    (720 ILCS 5/49-3 new)
2    Sec. 49-3. Governmental uneconomic practices.
3    (a) It is unlawful for the State of Illinois, any political
4subdivision thereof, or any municipality therein, or any
5officer, agent or employee of the State of Illinois, any
6political subdivision thereof or any municipality therein, to
7sell to or procure for sale or have in its or his or her
8possession or under its or his or her control for sale to any
9officer, agent or employee of the State or any political
10subdivision thereof or municipality therein any article,
11material, product or merchandise of whatsoever nature,
12excepting meals, public services and such specialized
13appliances and paraphernalia as may be required for the safety
14or health of such officers, agents or employees.
15    (b) The provisions of this Section shall not apply to the
16State, any political subdivision thereof or municipality
17therein, nor to any officer, agent or employee of the State, or
18of any such subdivision or municipality while engaged in any
19recreational, health, welfare, relief, safety or educational
20activities furnished by the State, or any such political
21subdivision or municipality.
22    (c) Sentence. A violation of this Section is a Class B
23misdemeanor.
 
24    (720 ILCS 5/49-4 new)

 

 

09700HB2582sam002- 158 -LRB097 07362 MRW 69385 a

1    Sec. 49-4. Sale of maps.
2    (a) The sale of current Illinois publications or highway
3maps published by the Secretary of State is prohibited except
4where provided by law.
5    (b) Sentence. A violation of this Section is a Class B
6misdemeanor.
 
7    (720 ILCS 5/49-5 new)
8    Sec. 49-5. Video movie sales and rentals rating violation.
9    (a) Definitions. As used in this Section, unless the
10context otherwise requires:
11        "Person" means an individual, corporation,
12    partnership, or any other legal or commercial entity.
13        "Official rating" means an official rating of the
14    Motion Picture Association of America.
15        "Video movie" means a videotape or video disc copy of a
16    motion picture film.
17    (b) A person may not sell at retail or rent, or attempt to
18sell at retail or rent, a video movie in this State unless the
19official rating of the motion picture from which it is copied
20is clearly displayed on the outside of any cassette, case,
21jacket, or other covering of the video movie.
22    (c) This Section does not apply to any video movie of a
23motion picture which:
24        (1) has not been given an official rating; or
25        (2) has been altered in any way subsequent to receiving

 

 

09700HB2582sam002- 159 -LRB097 07362 MRW 69385 a

1    an official rating.
2    (d) Sentence. A violation of this Section is a Class C
3misdemeanor.
 
4    (720 ILCS 5/49-6 new)
5    Sec. 49-6. Container label obliteration prohibited.
6    (a) No person shall sell or offer for sale any product,
7article or substance in a container on which any statement of
8weight, quantity, quality, grade, ingredients or
9identification of the manufacturer, supplier or processor is
10obliterated by any other labeling unless the other labeling
11correctly restates the obliterated statement.
12    (b) This Section does not apply to any obliteration which
13is done in order to comply with subsection (c) of this Section.
14    (c) No person shall utilize any used container for the
15purpose of sale of any product, article or substance unless the
16original marks of identification, weight, grade, quality and
17quantity have first been obliterated.
18    (d) This Section shall not be construed as permitting the
19use of any containers or labels in a manner prohibited by any
20other law.
21    (e) Sentence. A violation of this Section is a business
22offense for which a fine shall be imposed not to exceed $1,000.
 
23    (720 ILCS 5/18-5 rep.)
24    (720 ILCS 5/20-1.2 rep.)

 

 

09700HB2582sam002- 160 -LRB097 07362 MRW 69385 a

1    (720 ILCS 5/20-1.3 rep.)
2    (720 ILCS 5/21-1.1 rep.)
3    (720 ILCS 5/Art. 21.3 rep.)
4    (720 ILCS 5/Art. 24.6 rep.)
5    Section 10-10. The Criminal Code of 1961 is amended by
6repealing Articles 21.3 and 24.6, and Sections 18-5, 20-1.2,
720-1.3, and 21-1.1.
 
8
ARTICLE 15.

 
9    Section 15-1. The Department of Natural Resources
10(Conservation) Law is amended by changing Section 805-540 as
11follows:
 
12    (20 ILCS 805/805-540)  (was 20 ILCS 805/63b2.6)
13    Sec. 805-540. Enforcement of adjoining state's laws. The
14Director may grant authority to the officers of any adjoining
15state who are authorized and directed to enforce the laws of
16that state relating to the protection of flora and fauna to
17take any of the following actions and have the following powers
18within the State of Illinois:
19        (1) To follow, seize, and return to the adjoining state
20    any flora or fauna or part thereof shipped or taken from
21    the adjoining state in violation of the laws of that state
22    and brought into this State.
23        (2) To dispose of any such flora or fauna or part

 

 

09700HB2582sam002- 161 -LRB097 07362 MRW 69385 a

1    thereof under the supervision of an Illinois Conservation
2    Police Officer.
3        (3) To enforce as an agent of this State, with the same
4    powers as an Illinois Conservation Police Officer, each of
5    the following laws of this State:
6            (i) The Illinois Endangered Species Protection
7        Act.
8            (ii) The Fish and Aquatic Life Code.
9            (iii) The Wildlife Code.
10            (iv) The Wildlife Habitat Management Areas Act.
11            (v) Section 48-3 of the Criminal Code of 1961
12        (hunter or fisherman interference) The Hunter and
13        Fishermen Interference Prohibition Act.
14            (vi) The Illinois Non-Game Wildlife Protection
15        Act.
16            (vii) The Ginseng Harvesting Act.
17            (viii) The State Forest Act.
18            (ix) The Forest Products Transportation Act.
19            (x) The Timber Buyers Licensing Act.
20    Any officer of an adjoining state acting under a power or
21authority granted by the Director pursuant to this Section
22shall act without compensation or other benefits from this
23State and without this State having any liability for the acts
24or omissions of that officer.
25(Source: P.A. 96-397, eff. 1-1-10.)
 

 

 

09700HB2582sam002- 162 -LRB097 07362 MRW 69385 a

1    Section 15-3. The Criminal Identification Act is amended by
2changing Section 5.2 as follows:
 
3    (20 ILCS 2630/5.2)
4    Sec. 5.2. Expungement and sealing.
5    (a) General Provisions.
6        (1) Definitions. In this Act, words and phrases have
7    the meanings set forth in this subsection, except when a
8    particular context clearly requires a different meaning.
9            (A) The following terms shall have the meanings
10        ascribed to them in the Unified Code of Corrections,
11        730 ILCS 5/5-1-2 through 5/5-1-22:
12                (i) Business Offense (730 ILCS 5/5-1-2),
13                (ii) Charge (730 ILCS 5/5-1-3),
14                (iii) Court (730 ILCS 5/5-1-6),
15                (iv) Defendant (730 ILCS 5/5-1-7),
16                (v) Felony (730 ILCS 5/5-1-9),
17                (vi) Imprisonment (730 ILCS 5/5-1-10),
18                (vii) Judgment (730 ILCS 5/5-1-12),
19                (viii) Misdemeanor (730 ILCS 5/5-1-14),
20                (ix) Offense (730 ILCS 5/5-1-15),
21                (x) Parole (730 ILCS 5/5-1-16),
22                (xi) Petty Offense (730 ILCS 5/5-1-17),
23                (xii) Probation (730 ILCS 5/5-1-18),
24                (xiii) Sentence (730 ILCS 5/5-1-19),
25                (xiv) Supervision (730 ILCS 5/5-1-21), and

 

 

09700HB2582sam002- 163 -LRB097 07362 MRW 69385 a

1                (xv) Victim (730 ILCS 5/5-1-22).
2            (B) As used in this Section, "charge not initiated
3        by arrest" means a charge (as defined by 730 ILCS
4        5/5-1-3) brought against a defendant where the
5        defendant is not arrested prior to or as a direct
6        result of the charge.
7            (C) "Conviction" means a judgment of conviction or
8        sentence entered upon a plea of guilty or upon a
9        verdict or finding of guilty of an offense, rendered by
10        a legally constituted jury or by a court of competent
11        jurisdiction authorized to try the case without a jury.
12        An order of supervision successfully completed by the
13        petitioner is not a conviction. An order of qualified
14        probation (as defined in subsection (a)(1)(J))
15        successfully completed by the petitioner is not a
16        conviction. An order of supervision or an order of
17        qualified probation that is terminated
18        unsatisfactorily is a conviction, unless the
19        unsatisfactory termination is reversed, vacated, or
20        modified and the judgment of conviction, if any, is
21        reversed or vacated.
22            (D) "Criminal offense" means a petty offense,
23        business offense, misdemeanor, felony, or municipal
24        ordinance violation (as defined in subsection
25        (a)(1)(H)). As used in this Section, a minor traffic
26        offense (as defined in subsection (a)(1)(G)) shall not

 

 

09700HB2582sam002- 164 -LRB097 07362 MRW 69385 a

1        be considered a criminal offense.
2            (E) "Expunge" means to physically destroy the
3        records or return them to the petitioner and to
4        obliterate the petitioner's name from any official
5        index or public record, or both. Nothing in this Act
6        shall require the physical destruction of the circuit
7        court file, but such records relating to arrests or
8        charges, or both, ordered expunged shall be impounded
9        as required by subsections (d)(9)(A)(ii) and
10        (d)(9)(B)(ii).
11            (F) As used in this Section, "last sentence" means
12        the sentence, order of supervision, or order of
13        qualified probation (as defined by subsection
14        (a)(1)(J)), for a criminal offense (as defined by
15        subsection (a)(1)(D)) that terminates last in time in
16        any jurisdiction, regardless of whether the petitioner
17        has included the criminal offense for which the
18        sentence or order of supervision or qualified
19        probation was imposed in his or her petition. If
20        multiple sentences, orders of supervision, or orders
21        of qualified probation terminate on the same day and
22        are last in time, they shall be collectively considered
23        the "last sentence" regardless of whether they were
24        ordered to run concurrently.
25            (G) "Minor traffic offense" means a petty offense,
26        business offense, or Class C misdemeanor under the

 

 

09700HB2582sam002- 165 -LRB097 07362 MRW 69385 a

1        Illinois Vehicle Code or a similar provision of a
2        municipal or local ordinance.
3            (H) "Municipal ordinance violation" means an
4        offense defined by a municipal or local ordinance that
5        is criminal in nature and with which the petitioner was
6        charged or for which the petitioner was arrested and
7        released without charging.
8            (I) "Petitioner" means an adult or a minor
9        prosecuted as an adult who has applied for relief under
10        this Section.
11            (J) "Qualified probation" means an order of
12        probation under Section 10 of the Cannabis Control Act,
13        Section 410 of the Illinois Controlled Substances Act,
14        Section 70 of the Methamphetamine Control and
15        Community Protection Act, Section 12-4.3(b)(1) and (2)
16        of the Criminal Code of 1961 (as those provisions
17        existed before their deletion by Public Act 89-313),
18        Section 10-102 of the Illinois Alcoholism and Other
19        Drug Dependency Act, Section 40-10 of the Alcoholism
20        and Other Drug Abuse and Dependency Act, or Section 10
21        of the Steroid Control Act. For the purpose of this
22        Section, "successful completion" of an order of
23        qualified probation under Section 10-102 of the
24        Illinois Alcoholism and Other Drug Dependency Act and
25        Section 40-10 of the Alcoholism and Other Drug Abuse
26        and Dependency Act means that the probation was

 

 

09700HB2582sam002- 166 -LRB097 07362 MRW 69385 a

1        terminated satisfactorily and the judgment of
2        conviction was vacated.
3            (K) "Seal" means to physically and electronically
4        maintain the records, unless the records would
5        otherwise be destroyed due to age, but to make the
6        records unavailable without a court order, subject to
7        the exceptions in Sections 12 and 13 of this Act. The
8        petitioner's name shall also be obliterated from the
9        official index required to be kept by the circuit court
10        clerk under Section 16 of the Clerks of Courts Act, but
11        any index issued by the circuit court clerk before the
12        entry of the order to seal shall not be affected.
13            (L) "Sexual offense committed against a minor"
14        includes but is not limited to the offenses of indecent
15        solicitation of a child or criminal sexual abuse when
16        the victim of such offense is under 18 years of age.
17            (M) "Terminate" as it relates to a sentence or
18        order of supervision or qualified probation includes
19        either satisfactory or unsatisfactory termination of
20        the sentence, unless otherwise specified in this
21        Section.
22        (2) Minor Traffic Offenses. Orders of supervision or
23    convictions for minor traffic offenses shall not affect a
24    petitioner's eligibility to expunge or seal records
25    pursuant to this Section.
26        (3) Exclusions. Except as otherwise provided in

 

 

09700HB2582sam002- 167 -LRB097 07362 MRW 69385 a

1    subsections (b)(5), (b)(6), and (e) of this Section, the
2    court shall not order:
3            (A) the sealing or expungement of the records of
4        arrests or charges not initiated by arrest that result
5        in an order of supervision for or conviction of: (i)
6        any sexual offense committed against a minor; (ii)
7        Section 11-501 of the Illinois Vehicle Code or a
8        similar provision of a local ordinance; or (iii)
9        Section 11-503 of the Illinois Vehicle Code or a
10        similar provision of a local ordinance.
11            (B) the sealing or expungement of records of minor
12        traffic offenses (as defined in subsection (a)(1)(G)),
13        unless the petitioner was arrested and released
14        without charging.
15            (C) the sealing of the records of arrests or
16        charges not initiated by arrest which result in an
17        order of supervision, an order of qualified probation
18        (as defined in subsection (a)(1)(J)), or a conviction
19        for the following offenses:
20                (i) offenses included in Article 11 of the
21            Criminal Code of 1961 or a similar provision of a
22            local ordinance, except Section 11-14 of the
23            Criminal Code of 1961 or a similar provision of a
24            local ordinance;
25                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, or
26            26-5, or 48-1 of the Criminal Code of 1961 or a

 

 

09700HB2582sam002- 168 -LRB097 07362 MRW 69385 a

1            similar provision of a local ordinance;
2                (iii) offenses defined as "crimes of violence"
3            in Section 2 of the Crime Victims Compensation Act
4            or a similar provision of a local ordinance;
5                (iv) offenses which are Class A misdemeanors
6            under the Humane Care for Animals Act; or
7                (v) any offense or attempted offense that
8            would subject a person to registration under the
9            Sex Offender Registration Act.
10            (D) the sealing of the records of an arrest which
11        results in the petitioner being charged with a felony
12        offense or records of a charge not initiated by arrest
13        for a felony offense unless:
14                (i) the charge is amended to a misdemeanor and
15            is otherwise eligible to be sealed pursuant to
16            subsection (c);
17                (ii) the charge is brought along with another
18            charge as a part of one case and the charge results
19            in acquittal, dismissal, or conviction when the
20            conviction was reversed or vacated, and another
21            charge brought in the same case results in a
22            disposition for a misdemeanor offense that is
23            eligible to be sealed pursuant to subsection (c) or
24            a disposition listed in paragraph (i), (iii), or
25            (iv) of this subsection;
26                (iii) the charge results in first offender

 

 

09700HB2582sam002- 169 -LRB097 07362 MRW 69385 a

1            probation as set forth in subsection (c)(2)(E);
2                (iv) the charge is for a Class 4 felony offense
3            listed in subsection (c)(2)(F) or the charge is
4            amended to a Class 4 felony offense listed in
5            subsection (c)(2)(F). Records of arrests which
6            result in the petitioner being charged with a Class
7            4 felony offense listed in subsection (c)(2)(F),
8            records of charges not initiated by arrest for
9            Class 4 felony offenses listed in subsection
10            (c)(2)(F), and records of charges amended to a
11            Class 4 felony offense listed in (c)(2)(F) may be
12            sealed, regardless of the disposition, subject to
13            any waiting periods set forth in subsection
14            (c)(3);
15                (v) the charge results in acquittal,
16            dismissal, or the petitioner's release without
17            conviction; or
18                (vi) the charge results in a conviction, but
19            the conviction was reversed or vacated.
20    (b) Expungement.
21        (1) A petitioner may petition the circuit court to
22    expunge the records of his or her arrests and charges not
23    initiated by arrest when:
24            (A) He or she has never been convicted of a
25        criminal offense; and
26            (B) Each arrest or charge not initiated by arrest

 

 

09700HB2582sam002- 170 -LRB097 07362 MRW 69385 a

1        sought to be expunged resulted in: (i) acquittal,
2        dismissal, or the petitioner's release without
3        charging, unless excluded by subsection (a)(3)(B);
4        (ii) a conviction which was vacated or reversed, unless
5        excluded by subsection (a)(3)(B); (iii) an order of
6        supervision and such supervision was successfully
7        completed by the petitioner, unless excluded by
8        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
9        qualified probation (as defined in subsection
10        (a)(1)(J)) and such probation was successfully
11        completed by the petitioner.
12        (2) Time frame for filing a petition to expunge.
13            (A) When the arrest or charge not initiated by
14        arrest sought to be expunged resulted in an acquittal,
15        dismissal, the petitioner's release without charging,
16        or the reversal or vacation of a conviction, there is
17        no waiting period to petition for the expungement of
18        such records.
19            (B) When the arrest or charge not initiated by
20        arrest sought to be expunged resulted in an order of
21        supervision, successfully completed by the petitioner,
22        the following time frames will apply:
23                (i) Those arrests or charges that resulted in
24            orders of supervision under Section 3-707, 3-708,
25            3-710, or 5-401.3 of the Illinois Vehicle Code or a
26            similar provision of a local ordinance, or under

 

 

09700HB2582sam002- 171 -LRB097 07362 MRW 69385 a

1            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
2            Code of 1961 or a similar provision of a local
3            ordinance, shall not be eligible for expungement
4            until 5 years have passed following the
5            satisfactory termination of the supervision.
6                (ii) Those arrests or charges that resulted in
7            orders of supervision for any other offenses shall
8            not be eligible for expungement until 2 years have
9            passed following the satisfactory termination of
10            the supervision.
11            (C) When the arrest or charge not initiated by
12        arrest sought to be expunged resulted in an order of
13        qualified probation, successfully completed by the
14        petitioner, such records shall not be eligible for
15        expungement until 5 years have passed following the
16        satisfactory termination of the probation.
17        (3) Those records maintained by the Department for
18    persons arrested prior to their 17th birthday shall be
19    expunged as provided in Section 5-915 of the Juvenile Court
20    Act of 1987.
21        (4) Whenever a person has been arrested for or
22    convicted of any offense, in the name of a person whose
23    identity he or she has stolen or otherwise come into
24    possession of, the aggrieved person from whom the identity
25    was stolen or otherwise obtained without authorization,
26    upon learning of the person having been arrested using his

 

 

09700HB2582sam002- 172 -LRB097 07362 MRW 69385 a

1    or her identity, may, upon verified petition to the chief
2    judge of the circuit wherein the arrest was made, have a
3    court order entered nunc pro tunc by the Chief Judge to
4    correct the arrest record, conviction record, if any, and
5    all official records of the arresting authority, the
6    Department, other criminal justice agencies, the
7    prosecutor, and the trial court concerning such arrest, if
8    any, by removing his or her name from all such records in
9    connection with the arrest and conviction, if any, and by
10    inserting in the records the name of the offender, if known
11    or ascertainable, in lieu of the aggrieved's name. The
12    records of the circuit court clerk shall be sealed until
13    further order of the court upon good cause shown and the
14    name of the aggrieved person obliterated on the official
15    index required to be kept by the circuit court clerk under
16    Section 16 of the Clerks of Courts Act, but the order shall
17    not affect any index issued by the circuit court clerk
18    before the entry of the order. Nothing in this Section
19    shall limit the Department of State Police or other
20    criminal justice agencies or prosecutors from listing
21    under an offender's name the false names he or she has
22    used.
23        (5) Whenever a person has been convicted of criminal
24    sexual assault, aggravated criminal sexual assault,
25    predatory criminal sexual assault of a child, criminal
26    sexual abuse, or aggravated criminal sexual abuse, the

 

 

09700HB2582sam002- 173 -LRB097 07362 MRW 69385 a

1    victim of that offense may request that the State's
2    Attorney of the county in which the conviction occurred
3    file a verified petition with the presiding trial judge at
4    the petitioner's trial to have a court order entered to
5    seal the records of the circuit court clerk in connection
6    with the proceedings of the trial court concerning that
7    offense. However, the records of the arresting authority
8    and the Department of State Police concerning the offense
9    shall not be sealed. The court, upon good cause shown,
10    shall make the records of the circuit court clerk in
11    connection with the proceedings of the trial court
12    concerning the offense available for public inspection.
13        (6) If a conviction has been set aside on direct review
14    or on collateral attack and the court determines by clear
15    and convincing evidence that the petitioner was factually
16    innocent of the charge, the court shall enter an
17    expungement order as provided in subsection (b) of Section
18    5-5-4 of the Unified Code of Corrections.
19        (7) Nothing in this Section shall prevent the
20    Department of State Police from maintaining all records of
21    any person who is admitted to probation upon terms and
22    conditions and who fulfills those terms and conditions
23    pursuant to Section 10 of the Cannabis Control Act, Section
24    410 of the Illinois Controlled Substances Act, Section 70
25    of the Methamphetamine Control and Community Protection
26    Act, Section 12-4.3 or subdivision (b)(1) of Section

 

 

09700HB2582sam002- 174 -LRB097 07362 MRW 69385 a

1    12-3.05 of the Criminal Code of 1961, Section 10-102 of the
2    Illinois Alcoholism and Other Drug Dependency Act, Section
3    40-10 of the Alcoholism and Other Drug Abuse and Dependency
4    Act, or Section 10 of the Steroid Control Act.
5    (c) Sealing.
6        (1) Applicability. Notwithstanding any other provision
7    of this Act to the contrary, and cumulative with any rights
8    to expungement of criminal records, this subsection
9    authorizes the sealing of criminal records of adults and of
10    minors prosecuted as adults.
11        (2) Eligible Records. The following records may be
12    sealed:
13            (A) All arrests resulting in release without
14        charging;
15            (B) Arrests or charges not initiated by arrest
16        resulting in acquittal, dismissal, or conviction when
17        the conviction was reversed or vacated, except as
18        excluded by subsection (a)(3)(B);
19            (C) Arrests or charges not initiated by arrest
20        resulting in orders of supervision successfully
21        completed by the petitioner, unless excluded by
22        subsection (a)(3);
23            (D) Arrests or charges not initiated by arrest
24        resulting in convictions unless excluded by subsection
25        (a)(3);
26            (E) Arrests or charges not initiated by arrest

 

 

09700HB2582sam002- 175 -LRB097 07362 MRW 69385 a

1        resulting in orders of first offender probation under
2        Section 10 of the Cannabis Control Act, Section 410 of
3        the Illinois Controlled Substances Act, or Section 70
4        of the Methamphetamine Control and Community
5        Protection Act; and
6            (F) Arrests or charges not initiated by arrest
7        resulting in Class 4 felony convictions for the
8        following offenses:
9                (i) Section 11-14 of the Criminal Code of 1961;
10                (ii) Section 4 of the Cannabis Control Act;
11                (iii) Section 402 of the Illinois Controlled
12            Substances Act;
13                (iv) the Methamphetamine Precursor Control
14            Act; and
15                (v) the Steroid Control Act.
16        (3) When Records Are Eligible to Be Sealed. Records
17    identified as eligible under subsection (c)(2) may be
18    sealed as follows:
19            (A) Records identified as eligible under
20        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
21        time.
22            (B) Records identified as eligible under
23        subsection (c)(2)(C) may be sealed (i) 3 years after
24        the termination of petitioner's last sentence (as
25        defined in subsection (a)(1)(F)) if the petitioner has
26        never been convicted of a criminal offense (as defined

 

 

09700HB2582sam002- 176 -LRB097 07362 MRW 69385 a

1        in subsection (a)(1)(D)); or (ii) 4 years after the
2        termination of the petitioner's last sentence (as
3        defined in subsection (a)(1)(F)) if the petitioner has
4        ever been convicted of a criminal offense (as defined
5        in subsection (a)(1)(D)).
6            (C) Records identified as eligible under
7        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
8        sealed 4 years after the termination of the
9        petitioner's last sentence (as defined in subsection
10        (a)(1)(F)).
11        (4) Subsequent felony convictions. A person may not
12    have subsequent felony conviction records sealed as
13    provided in this subsection (c) if he or she is convicted
14    of any felony offense after the date of the sealing of
15    prior felony convictions as provided in this subsection
16    (c). The court may, upon conviction for a subsequent felony
17    offense, order the unsealing of prior felony conviction
18    records previously ordered sealed by the court.
19        (5) Notice of eligibility for sealing. Upon entry of a
20    disposition for an eligible record under this subsection
21    (c), the petitioner shall be informed by the court of the
22    right to have the records sealed and the procedures for the
23    sealing of the records.
24    (d) Procedure. The following procedures apply to
25expungement under subsections (b) and (e), and sealing under
26subsection (c):

 

 

09700HB2582sam002- 177 -LRB097 07362 MRW 69385 a

1        (1) Filing the petition. Upon becoming eligible to
2    petition for the expungement or sealing of records under
3    this Section, the petitioner shall file a petition
4    requesting the expungement or sealing of records with the
5    clerk of the court where the arrests occurred or the
6    charges were brought, or both. If arrests occurred or
7    charges were brought in multiple jurisdictions, a petition
8    must be filed in each such jurisdiction. The petitioner
9    shall pay the applicable fee, if not waived.
10        (2) Contents of petition. The petition shall be
11    verified and shall contain the petitioner's name, date of
12    birth, current address and, for each arrest or charge not
13    initiated by arrest sought to be sealed or expunged, the
14    case number, the date of arrest (if any), the identity of
15    the arresting authority, and such other information as the
16    court may require. During the pendency of the proceeding,
17    the petitioner shall promptly notify the circuit court
18    clerk of any change of his or her address.
19        (3) Drug test. The petitioner must attach to the
20    petition proof that the petitioner has passed a test taken
21    within 30 days before the filing of the petition showing
22    the absence within his or her body of all illegal
23    substances as defined by the Illinois Controlled
24    Substances Act, the Methamphetamine Control and Community
25    Protection Act, and the Cannabis Control Act if he or she
26    is petitioning to seal felony records pursuant to clause

 

 

09700HB2582sam002- 178 -LRB097 07362 MRW 69385 a

1    (c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is
2    petitioning to expunge felony records of a qualified
3    probation pursuant to clause (b)(1)(B)(iv).
4        (4) Service of petition. The circuit court clerk shall
5    promptly serve a copy of the petition on the State's
6    Attorney or prosecutor charged with the duty of prosecuting
7    the offense, the Department of State Police, the arresting
8    agency and the chief legal officer of the unit of local
9    government effecting the arrest.
10        (5) Objections.
11            (A) Any party entitled to notice of the petition
12        may file an objection to the petition. All objections
13        shall be in writing, shall be filed with the circuit
14        court clerk, and shall state with specificity the basis
15        of the objection.
16            (B) Objections to a petition to expunge or seal
17        must be filed within 60 days of the date of service of
18        the petition.
19        (6) Entry of order.
20            (A) The Chief Judge of the circuit wherein the
21        charge was brought, any judge of that circuit
22        designated by the Chief Judge, or in counties of less
23        than 3,000,000 inhabitants, the presiding trial judge
24        at the petitioner's trial, if any, shall rule on the
25        petition to expunge or seal as set forth in this
26        subsection (d)(6).

 

 

09700HB2582sam002- 179 -LRB097 07362 MRW 69385 a

1            (B) Unless the State's Attorney or prosecutor, the
2        Department of State Police, the arresting agency, or
3        the chief legal officer files an objection to the
4        petition to expunge or seal within 60 days from the
5        date of service of the petition, the court shall enter
6        an order granting or denying the petition.
7        (7) Hearings. If an objection is filed, the court shall
8    set a date for a hearing and notify the petitioner and all
9    parties entitled to notice of the petition of the hearing
10    date at least 30 days prior to the hearing, and shall hear
11    evidence on whether the petition should or should not be
12    granted, and shall grant or deny the petition to expunge or
13    seal the records based on the evidence presented at the
14    hearing.
15        (8) Service of order. After entering an order to
16    expunge or seal records, the court must provide copies of
17    the order to the Department, in a form and manner
18    prescribed by the Department, to the petitioner, to the
19    State's Attorney or prosecutor charged with the duty of
20    prosecuting the offense, to the arresting agency, to the
21    chief legal officer of the unit of local government
22    effecting the arrest, and to such other criminal justice
23    agencies as may be ordered by the court.
24        (9) Effect of order.
25            (A) Upon entry of an order to expunge records
26        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:

 

 

09700HB2582sam002- 180 -LRB097 07362 MRW 69385 a

1                (i) the records shall be expunged (as defined
2            in subsection (a)(1)(E)) by the arresting agency,
3            the Department, and any other agency as ordered by
4            the court, within 60 days of the date of service of
5            the order, unless a motion to vacate, modify, or
6            reconsider the order is filed pursuant to
7            paragraph (12) of subsection (d) of this Section;
8                (ii) the records of the circuit court clerk
9            shall be impounded until further order of the court
10            upon good cause shown and the name of the
11            petitioner obliterated on the official index
12            required to be kept by the circuit court clerk
13            under Section 16 of the Clerks of Courts Act, but
14            the order shall not affect any index issued by the
15            circuit court clerk before the entry of the order;
16            and
17                (iii) in response to an inquiry for expunged
18            records, the court, the Department, or the agency
19            receiving such inquiry, shall reply as it does in
20            response to inquiries when no records ever
21            existed.
22            (B) Upon entry of an order to expunge records
23        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
24                (i) the records shall be expunged (as defined
25            in subsection (a)(1)(E)) by the arresting agency
26            and any other agency as ordered by the court,

 

 

09700HB2582sam002- 181 -LRB097 07362 MRW 69385 a

1            within 60 days of the date of service of the order,
2            unless a motion to vacate, modify, or reconsider
3            the order is filed pursuant to paragraph (12) of
4            subsection (d) of this Section;
5                (ii) the records of the circuit court clerk
6            shall be impounded until further order of the court
7            upon good cause shown and the name of the
8            petitioner obliterated on the official index
9            required to be kept by the circuit court clerk
10            under Section 16 of the Clerks of Courts Act, but
11            the order shall not affect any index issued by the
12            circuit court clerk before the entry of the order;
13                (iii) the records shall be impounded by the
14            Department within 60 days of the date of service of
15            the order as ordered by the court, unless a motion
16            to vacate, modify, or reconsider the order is filed
17            pursuant to paragraph (12) of subsection (d) of
18            this Section;
19                (iv) records impounded by the Department may
20            be disseminated by the Department only as required
21            by law or to the arresting authority, the State's
22            Attorney, and the court upon a later arrest for the
23            same or a similar offense or for the purpose of
24            sentencing for any subsequent felony, and to the
25            Department of Corrections upon conviction for any
26            offense; and

 

 

09700HB2582sam002- 182 -LRB097 07362 MRW 69385 a

1                (v) in response to an inquiry for such records
2            from anyone not authorized by law to access such
3            records the court, the Department, or the agency
4            receiving such inquiry shall reply as it does in
5            response to inquiries when no records ever
6            existed.
7            (C) Upon entry of an order to seal records under
8        subsection (c), the arresting agency, any other agency
9        as ordered by the court, the Department, and the court
10        shall seal the records (as defined in subsection
11        (a)(1)(K)). In response to an inquiry for such records
12        from anyone not authorized by law to access such
13        records the court, the Department, or the agency
14        receiving such inquiry shall reply as it does in
15        response to inquiries when no records ever existed.
16        (10) Fees. The Department may charge the petitioner a
17    fee equivalent to the cost of processing any order to
18    expunge or seal records. Notwithstanding any provision of
19    the Clerks of Courts Act to the contrary, the circuit court
20    clerk may charge a fee equivalent to the cost associated
21    with the sealing or expungement of records by the circuit
22    court clerk. From the total filing fee collected for the
23    petition to seal or expunge, the circuit court clerk shall
24    deposit $10 into the Circuit Court Clerk Operation and
25    Administrative Fund, to be used to offset the costs
26    incurred by the circuit court clerk in performing the

 

 

09700HB2582sam002- 183 -LRB097 07362 MRW 69385 a

1    additional duties required to serve the petition to seal or
2    expunge on all parties. The circuit court clerk shall
3    collect and forward the Department of State Police portion
4    of the fee to the Department and it shall be deposited in
5    the State Police Services Fund.
6        (11) Final Order. No court order issued under the
7    expungement or sealing provisions of this Section shall
8    become final for purposes of appeal until 30 days after
9    service of the order on the petitioner and all parties
10    entitled to notice of the petition.
11        (12) Motion to Vacate, Modify, or Reconsider. The
12    petitioner or any party entitled to notice may file a
13    motion to vacate, modify, or reconsider the order granting
14    or denying the petition to expunge or seal within 60 days
15    of service of the order.
16    (e) Whenever a person who has been convicted of an offense
17is granted a pardon by the Governor which specifically
18authorizes expungement, he or she may, upon verified petition
19to the Chief Judge of the circuit where the person had been
20convicted, any judge of the circuit designated by the Chief
21Judge, or in counties of less than 3,000,000 inhabitants, the
22presiding trial judge at the defendant's trial, have a court
23order entered expunging the record of arrest from the official
24records of the arresting authority and order that the records
25of the circuit court clerk and the Department be sealed until
26further order of the court upon good cause shown or as

 

 

09700HB2582sam002- 184 -LRB097 07362 MRW 69385 a

1otherwise provided herein, and the name of the defendant
2obliterated from the official index requested to be kept by the
3circuit court clerk under Section 16 of the Clerks of Courts
4Act in connection with the arrest and conviction for the
5offense for which he or she had been pardoned but the order
6shall not affect any index issued by the circuit court clerk
7before the entry of the order. All records sealed by the
8Department may be disseminated by the Department only as
9required by law or to the arresting authority, the State's
10Attorney, and the court upon a later arrest for the same or
11similar offense or for the purpose of sentencing for any
12subsequent felony. Upon conviction for any subsequent offense,
13the Department of Corrections shall have access to all sealed
14records of the Department pertaining to that individual. Upon
15entry of the order of expungement, the circuit court clerk
16shall promptly mail a copy of the order to the person who was
17pardoned.
18    (f) Subject to available funding, the Illinois Department
19of Corrections shall conduct a study of the impact of sealing,
20especially on employment and recidivism rates, utilizing a
21random sample of those who apply for the sealing of their
22criminal records under Public Act 93-211. At the request of the
23Illinois Department of Corrections, records of the Illinois
24Department of Employment Security shall be utilized as
25appropriate to assist in the study. The study shall not
26disclose any data in a manner that would allow the

 

 

09700HB2582sam002- 185 -LRB097 07362 MRW 69385 a

1identification of any particular individual or employing unit.
2The study shall be made available to the General Assembly no
3later than September 1, 2010.
4(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10;
596-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff.
67-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443,
7eff. 8-19-11; revised 9-6-11.)
 
8    Section 15-5. The Metropolitan Transit Authority Act is
9amended by changing Section 28b as follows:
 
10    (70 ILCS 3605/28b)  (from Ch. 111 2/3, par. 328b)
11    Sec. 28b. Any person applying for a position as a driver of
12a vehicle owned by a private carrier company which provides
13public transportation pursuant to an agreement with the
14Authority shall be required to authorize an investigation by
15the private carrier company to determine if the applicant has
16been convicted of any of the following offenses: (i) those
17offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1,
1810-4, 10-5, 10-6, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
1911-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1,
2011-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
2111-20.1B, 11-20.3, 11-21, 11-22, 11-30, 12-4.3, 12-4.4,
2212-4.5, 12-6, 12-7.1, 12-11, 12-13, 12-14, 12-14.1, 12-15,
2312-16, 12-16.1, 18-1, 18-2, 19-6, 20-1, 20-1.1, 31A-1, 31A-1.1,
24and 33A-2, in subsection (a) and subsection (b), clause (1), of

 

 

09700HB2582sam002- 186 -LRB097 07362 MRW 69385 a

1Section 12-4, in subdivisions (a)(1), (b)(1), and (f)(1) of
2Section 12-3.05, and in subsection (a-5) of Section 12-3.1 of
3the Criminal Code of 1961; (ii) those offenses defined in the
4Cannabis Control Act except those offenses defined in
5subsections (a) and (b) of Section 4, and subsection (a) of
6Section 5 of the Cannabis Control Act (iii) those offenses
7defined in the Illinois Controlled Substances Act; (iv) those
8offenses defined in the Methamphetamine Control and Community
9Protection Act; and (v) any offense committed or attempted in
10any other state or against the laws of the United States, which
11if committed or attempted in this State would be punishable as
12one or more of the foregoing offenses. Upon receipt of this
13authorization, the private carrier company shall submit the
14applicant's name, sex, race, date of birth, fingerprints and
15social security number to the Department of State Police on
16forms prescribed by the Department. The Department of State
17Police shall conduct an investigation to ascertain if the
18applicant has been convicted of any of the above enumerated
19offenses. The Department shall charge the private carrier
20company a fee for conducting the investigation, which fee shall
21be deposited in the State Police Services Fund and shall not
22exceed the cost of the inquiry; and the applicant shall not be
23charged a fee for such investigation by the private carrier
24company. The Department of State Police shall furnish, pursuant
25to positive identification, records of convictions, until
26expunged, to the private carrier company which requested the

 

 

09700HB2582sam002- 187 -LRB097 07362 MRW 69385 a

1investigation. A copy of the record of convictions obtained
2from the Department shall be provided to the applicant. Any
3record of conviction received by the private carrier company
4shall be confidential. Any person who releases any confidential
5information concerning any criminal convictions of an
6applicant shall be guilty of a Class A misdemeanor, unless
7authorized by this Section.
8(Source: P.A. 96-1551, Article 1, Section 920, eff. 7-1-11;
996-1551, Article 2, Section 960, eff. 7-1-11; revised 9-30-11.)
 
10    Section 15-6. The Public Utilities Act is amended by
11changing Section 22-501 as follows:
 
12    (220 ILCS 5/22-501)
13    Sec. 22-501. Customer service and privacy protection. All
14cable or video providers in this State shall comply with the
15following customer service requirements and privacy
16protections. The provisions of this Act shall not apply to an
17incumbent cable operator prior to January 1, 2008. For purposes
18of this paragraph, an incumbent cable operator means a person
19or entity that provided cable services in a particular area
20under a franchise agreement with a local unit of government
21pursuant to Section 11-42-11 of the Illinois Municipal Code or
22Section 5-1095 of the Counties Code on January 1, 2007. A
23master antenna television, satellite master antenna
24television, direct broadcast satellite, multipoint

 

 

09700HB2582sam002- 188 -LRB097 07362 MRW 69385 a

1distribution service, and other provider of video programming
2shall only be subject to the provisions of this Article to the
3extent permitted by federal law.
4    The following definitions apply to the terms used in this
5Article:
6    "Basic cable or video service" means any service offering
7or tier that includes the retransmission of local television
8broadcast signals.
9    "Cable or video provider" means any person or entity
10providing cable service or video service pursuant to
11authorization under (i) the Cable and Video Competition Law of
122007; (ii) Section 11-42-11 of the Illinois Municipal Code;
13(iii) Section 5-1095 of the Counties Code; or (iv) a master
14antenna television, satellite master antenna television,
15direct broadcast satellite, multipoint distribution services,
16and other providers of video programming, whatever their
17technology. A cable or video provider shall not include a
18landlord providing only broadcast video programming to a
19single-family home or other residential dwelling consisting of
204 units or less.
21    "Franchise" has the same meaning as found in 47 U.S.C.
22522(9).
23    "Local unit of government" means a city, village,
24incorporated town, or a county.
25    "Normal business hours" means those hours during which most
26similar businesses in the geographic area of the local unit of

 

 

09700HB2582sam002- 189 -LRB097 07362 MRW 69385 a

1government are open to serve customers. In all cases, "normal
2business hours" must include some evening hours at least one
3night per week or some weekend hours.
4    "Normal operating conditions" means those service
5conditions that are within the control of cable or video
6providers. Those conditions that are not within the control of
7cable or video providers include, but are not limited to,
8natural disasters, civil disturbances, power outages,
9telephone network outages, and severe or unusual weather
10conditions. Those conditions that are ordinarily within the
11control of cable or video providers include, but are not
12limited to, special promotions, pay-per-view events, rate
13increases, regular peak or seasonal demand periods, and
14maintenance or upgrade of the cable service or video service
15network.
16    "Service interruption" means the loss of picture or sound
17on one or more cable service or video service on one or more
18cable or video channels.
19    "Service line drop" means the point of connection between a
20premises and the cable or video network that enables the
21premises to receive cable service or video service.
22    (a) General customer service standards:
23        (1) Cable or video providers shall establish general
24    standards related to customer service, which shall
25    include, but not be limited to, installation,
26    disconnection, service and repair obligations; appointment

 

 

09700HB2582sam002- 190 -LRB097 07362 MRW 69385 a

1    hours and employee ID requirements; customer service
2    telephone numbers and hours; procedures for billing,
3    charges, deposits, refunds, and credits; procedures for
4    termination of service; notice of deletion of programming
5    service; changes related to transmission of programming;
6    changes or increases in rates; the use and availability of
7    parental control or lock-out devices; the use and
8    availability of an A/B switch if applicable; complaint
9    procedures and procedures for bill dispute resolution; a
10    description of the rights and remedies available to
11    consumers if the cable or video provider does not
12    materially meet its customer service standards; and
13    special services for customers with visual, hearing, or
14    mobility disabilities.
15        (2) Cable or video providers' rates for each level of
16    service, rules, regulations, and policies related to its
17    cable service or video service described in paragraph (1)
18    of this subsection (a) must be made available to the public
19    and displayed clearly and conspicuously on the cable or
20    video provider's site on the Internet. If a promotional
21    price or a price for a specified period of time is offered,
22    the cable or video provider shall display the price at the
23    end of the promotional period or specified period of time
24    clearly and conspicuously with the display of the
25    promotional price or price for a specified period of time.
26    The cable or video provider shall provide this information

 

 

09700HB2582sam002- 191 -LRB097 07362 MRW 69385 a

1    upon request.
2        (3) Cable or video providers shall provide notice
3    concerning their general customer service standards to all
4    customers. This notice shall be offered when service is
5    first activated and annually thereafter. The information
6    in the notice shall include all of the information
7    specified in paragraph (1) of this subsection (a), as well
8    as the following: a listing of services offered by the
9    cable or video providers, which shall clearly describe
10    programming for all services and all levels of service; the
11    rates for all services and levels of service; a telephone
12    number through which customers may subscribe to, change, or
13    terminate service, request customer service, or seek
14    general or billing information; instructions on the use of
15    the cable or video services; and a description of rights
16    and remedies that the cable or video providers shall make
17    available to their customers if they do not materially meet
18    the general customer service standards described in this
19    Act.
20    (b) General customer service obligations:
21        (1) Cable or video providers shall render reasonably
22    efficient service, promptly make repairs, and interrupt
23    service only as necessary and for good cause, during
24    periods of minimum use of the system and for no more than
25    24 hours.
26        (2) All service representatives or any other person who

 

 

09700HB2582sam002- 192 -LRB097 07362 MRW 69385 a

1    contacts customers or potential customers on behalf of the
2    cable or video provider shall have a visible identification
3    card with their name and photograph and shall orally
4    identify themselves upon first contact with the customer.
5    Customer service representatives shall orally identify
6    themselves to callers immediately following the greeting
7    during each telephone contact with the public.
8        (3) The cable or video providers shall: (i) maintain a
9    customer service facility within the boundaries of a local
10    unit of government staffed by customer service
11    representatives that have the capacity to accept payment,
12    adjust bills, and respond to repair, installation,
13    reconnection, disconnection, or other service calls and
14    distribute or receive converter boxes, remote control
15    units, digital stereo units, or other equipment related to
16    the provision of cable or video service; (ii) provide
17    customers with bill payment facilities through retail,
18    financial, or other commercial institutions located within
19    the boundaries of a local unit of government; (iii) provide
20    an address, toll-free telephone number or electronic
21    address to accept bill payments and correspondence and
22    provide secure collection boxes for the receipt of bill
23    payments and the return of equipment, provided that if a
24    cable or video provider provides secure collection boxes,
25    it shall provide a printed receipt when items are
26    deposited; or (iv) provide an address, toll-free telephone

 

 

09700HB2582sam002- 193 -LRB097 07362 MRW 69385 a

1    number, or electronic address to accept bill payments and
2    correspondence and provide a method for customers to return
3    equipment to the cable or video provider at no cost to the
4    customer.
5        (4) In each contact with a customer, the service
6    representatives or any other person who contacts customers
7    or potential customers on behalf of the cable or video
8    provider shall state the estimated cost of the service,
9    repair, or installation orally prior to delivery of the
10    service or before any work is performed, shall provide the
11    customer with an oral statement of the total charges before
12    terminating the telephone call or other contact in which a
13    service is ordered, whether in-person or over the Internet,
14    and shall provide a written statement of the total charges
15    before leaving the location at which the work was
16    performed. In the event that the cost of service is a
17    promotional price or is for a limited period of time, the
18    cost of service at the end of the promotion or limited
19    period of time shall be disclosed.
20        (5) Cable or video providers shall provide customers a
21    minimum of 30 days' written notice before increasing rates
22    or eliminating transmission of programming and shall
23    submit the notice to the local unit of government in
24    advance of distribution to customers, provided that the
25    cable or video provider is not in violation of this
26    provision if the elimination of transmission of

 

 

09700HB2582sam002- 194 -LRB097 07362 MRW 69385 a

1    programming was outside the control of the provider, in
2    which case the provider shall use reasonable efforts to
3    provide as much notice as possible, and any rate decrease
4    related to the elimination of transmission of programming
5    shall be applied to the date of the change.
6        (6) Cable or video providers shall provide clear visual
7    and audio reception that meets or exceeds applicable
8    Federal Communications Commission technical standards. If
9    a customer experiences poor video or audio reception due to
10    the equipment of the cable or video provider, the cable or
11    video provider shall promptly repair the problem at its own
12    expense.
13    (c) Bills, payment, and termination:
14        (1) Cable or video providers shall render monthly bills
15    that are clear, accurate, and understandable.
16        (2) Every residential customer who pays bills directly
17    to the cable or video provider shall have at least 28 days
18    from the date of the bill to pay the listed charges.
19        (3) Customer payments shall be posted promptly. When
20    the payment is sent by United States mail, payment is
21    considered paid on the date it is postmarked.
22        (4) Cable or video providers may not terminate
23    residential service for nonpayment of a bill unless the
24    cable or video provider furnishes notice of the delinquency
25    and impending termination at least 21 days prior to the
26    proposed termination. Notice of proposed termination shall

 

 

09700HB2582sam002- 195 -LRB097 07362 MRW 69385 a

1    be mailed, postage prepaid, to the customer to whom service
2    is billed. Notice of proposed termination shall not be
3    mailed until the 29th day after the date of the bill for
4    services. Notice of delinquency and impending termination
5    may be part of a billing statement only if the notice is
6    presented in a different color than the bill and is
7    designed to be conspicuous. The cable or video providers
8    may not assess a late fee prior to the 29th day after the
9    date of the bill for service.
10        (5) Every notice of impending termination shall
11    include all of the following: the name and address of
12    customer; the amount of the delinquency; the date on which
13    payment is required to avoid termination; and the telephone
14    number of the cable or video provider's service
15    representative to make payment arrangements and to provide
16    additional information about the charges for failure to
17    return equipment and for reconnection, if any. No customer
18    may be charged a fee for termination or disconnection of
19    service, irrespective of whether the customer initiated
20    termination or disconnection or the cable or video provider
21    initiated termination or disconnection.
22        (6) Service may only be terminated on days when the
23    customer is able to reach a service representative of the
24    cable or video providers, either in person or by telephone.
25        (7) Any service terminated by a cable or video provider
26    without good cause shall be restored without any

 

 

09700HB2582sam002- 196 -LRB097 07362 MRW 69385 a

1    reconnection fee, charge, or penalty; good cause for
2    termination includes, but is not limited to, failure to pay
3    a bill by the date specified in the notice of impending
4    termination, payment by check for which there are
5    insufficient funds, theft of service, abuse of equipment or
6    personnel, or other similar subscriber actions.
7        (8) Cable or video providers shall cease charging a
8    customer for any or all services within one business day
9    after it receives a request to immediately terminate
10    service or on the day requested by the customer if such a
11    date is at least 5 days from the date requested by the
12    customer. Nothing in this subsection (c) shall prohibit the
13    provider from billing for charges that the customer incurs
14    prior to the date of termination. Cable or video providers
15    shall issue a credit or a refund or return a deposit within
16    10 business days after the close of the customer's billing
17    cycle following the request for termination or the return
18    of equipment, if any, whichever is later.
19        (9) The customers or subscribers of a cable or video
20    provider shall be allowed to disconnect their service at
21    any time within the first 60 days after subscribing to or
22    upgrading the service. Within this 60-day period, cable or
23    video providers shall not charge or impose any fees or
24    penalties on the customer for disconnecting service,
25    including, but not limited to, any installation charge or
26    the imposition of an early termination charge, except the

 

 

09700HB2582sam002- 197 -LRB097 07362 MRW 69385 a

1    cable or video provider may impose a charge or fee to
2    offset any rebates or credits received by the customer and
3    may impose monthly service or maintenance charges,
4    including pay-per-view and premium services charges,
5    during such 60-day period.
6        (10) Cable and video providers shall guarantee
7    customer satisfaction for new or upgraded service and the
8    customer shall receive a pro-rata credit in an amount equal
9    to the pro-rata charge for the remaining days of service
10    being disconnected or replaced upon the customers request
11    if the customer is dissatisfied with the service and
12    requests to discontinue the service within the first 60
13    days after subscribing to the upgraded service.
14    (d) Response to customer inquiries:
15        (1) Cable or video providers will maintain a toll-free
16    telephone access line that is available to customers 24
17    hours a day, 7 days a week to accept calls regarding
18    installation, termination, service, and complaints.
19    Trained, knowledgeable, qualified service representatives
20    of the cable or video providers will be available to
21    respond to customer telephone inquiries during normal
22    business hours. Customer service representatives shall be
23    able to provide credit, waive fees, schedule appointments,
24    and change billing cycles. Any difficulties that cannot be
25    resolved by the customer service representatives shall be
26    referred to a supervisor who shall make his or her best

 

 

09700HB2582sam002- 198 -LRB097 07362 MRW 69385 a

1    efforts to resolve the issue immediately. If the supervisor
2    does not resolve the issue to the customer's satisfaction,
3    the customer shall be informed of the cable or video
4    provider's complaint procedures and procedures for billing
5    dispute resolution and given a description of the rights
6    and remedies available to customers to enforce the terms of
7    this Article, including the customer's rights to have the
8    complaint reviewed by the local unit of government, to
9    request mediation, and to review in a court of competent
10    jurisdiction.
11        (2) After normal business hours, the access line may be
12    answered by a service or an automated response system,
13    including an answering machine. Inquiries received by
14    telephone or e-mail after normal business hours shall be
15    responded to by a trained service representative on the
16    next business day. The cable or video provider shall
17    respond to a written billing inquiry within 10 days of
18    receipt of the inquiry.
19        (3) Cable or video providers shall provide customers
20    seeking non-standard installations with a total
21    installation cost estimate and an estimated date of
22    completion. The actual charge to the customer shall not
23    exceed 10% of the estimated cost without the written
24    consent of the customer.
25        (4) If the cable or video provider receives notice that
26    an unsafe condition exists with respect to its equipment,

 

 

09700HB2582sam002- 199 -LRB097 07362 MRW 69385 a

1    it shall investigate such condition immediately and shall
2    take such measures as are necessary to remove or eliminate
3    the unsafe condition. The cable or video provider shall
4    inform the local unit of government promptly, but no later
5    than 2 hours after it receives notification of an unsafe
6    condition that it has not remedied.
7        (5) Under normal operating conditions, telephone
8    answer time by the cable or video provider's customer
9    representative, including wait time, shall not exceed 30
10    seconds when the connection is made. If the call needs to
11    be transferred, transfer time shall not exceed 30 seconds.
12    These standards shall be met no less than 90% of the time
13    under normal operating conditions, measured on a quarterly
14    basis.
15        (6) Under normal operating conditions, the cable or
16    video provider's customers will receive a busy signal less
17    than 3% of the time.
18    (e) Under normal operating conditions, each of the
19following standards related to installations, outages, and
20service calls will be met no less than 95% of the time measured
21on a quarterly basis:
22        (1) Standard installations will be performed within 7
23    business days after an order has been placed. "Standard"
24    installations are those that are located up to 125 feet
25    from the existing distribution system.
26        (2) Excluding conditions beyond the control of the

 

 

09700HB2582sam002- 200 -LRB097 07362 MRW 69385 a

1    cable or video providers, the cable or video providers will
2    begin working on "service interruptions" promptly and in no
3    event later than 24 hours after the interruption is
4    reported by the customer or otherwise becomes known to the
5    cable or video providers. Cable or video providers must
6    begin actions to correct other service problems the next
7    business day after notification of the service problem and
8    correct the problem within 48 hours after the interruption
9    is reported by the customer 95% of the time, measured on a
10    quarterly basis.
11        (3) The "appointment window" alternatives for
12    installations, service calls, and other installation
13    activities will be either a specific time or, at a maximum,
14    a 4-hour time block during evening, weekend, and normal
15    business hours. The cable or video provider may schedule
16    service calls and other installation activities outside of
17    these hours for the express convenience of the customer.
18        (4) Cable or video providers may not cancel an
19    appointment with a customer after 5:00 p.m. on the business
20    day prior to the scheduled appointment. If the cable or
21    video provider's representative is running late for an
22    appointment with a customer and will not be able to keep
23    the appointment as scheduled, the customer will be
24    contacted. The appointment will be rescheduled, as
25    necessary, at a time that is convenient for the customer,
26    even if the rescheduled appointment is not within normal

 

 

09700HB2582sam002- 201 -LRB097 07362 MRW 69385 a

1    business hours.
2    (f) Public benefit obligation:
3        (1) All cable or video providers offering service
4    pursuant to the Cable and Video Competition Law of 2007,
5    the Illinois Municipal Code, or the Counties Code shall
6    provide a free service line drop and free basic service to
7    all current and future public buildings within their
8    footprint, including, but not limited to, all local unit of
9    government buildings, public libraries, and public primary
10    and secondary schools, whether owned or leased by that
11    local unit of government ("eligible buildings"). Such
12    service shall be used in a manner consistent with the
13    government purpose for the eligible building and shall not
14    be resold.
15        (2) This obligation only applies to those cable or
16    video service providers whose cable service or video
17    service systems pass eligible buildings and its cable or
18    video service is generally available to residential
19    subscribers in the same local unit of government in which
20    the eligible building is located. The burden of providing
21    such service at each eligible building shall be shared by
22    all cable and video providers whose systems pass the
23    eligible buildings in an equitable and competitively
24    neutral manner, and nothing herein shall require
25    duplicative installations by more than one cable or video
26    provider at each eligible building. Cable or video

 

 

09700HB2582sam002- 202 -LRB097 07362 MRW 69385 a

1    providers operating in a local unit of government shall
2    meet as necessary and determine who will provide service to
3    eligible buildings under this subsection (f). If the cable
4    or video providers are unable to reach an agreement, they
5    shall meet with the local unit of government, which shall
6    determine which cable or video providers will serve each
7    eligible building. The local unit of government shall bear
8    the costs of any inside wiring or video equipment costs not
9    ordinarily provided as part of the cable or video
10    provider's basic offering.
11    (g) After the cable or video providers have offered service
12for one year, the cable or video providers shall make an annual
13report to the Commission, to the local unit of government, and
14to the Attorney General that it is meeting the standards
15specified in this Article, identifying the number of complaints
16it received over the prior year in the State and specifying the
17number of complaints related to each of the following: (1)
18billing, charges, refunds, and credits; (2) installation or
19termination of service; (3) quality of service and repair; (4)
20programming; and (5) miscellaneous complaints that do not fall
21within these categories. Thereafter, the cable or video
22providers shall also provide, upon request by the local unit of
23government where service is offered and to the Attorney
24General, an annual public report that includes performance data
25described in subdivisions (5) and (6) of subsection (d) and
26subdivisions (1) and (2) of subsection (e) of this Section for

 

 

09700HB2582sam002- 203 -LRB097 07362 MRW 69385 a

1cable services or video services. The performance data shall be
2disaggregated for each requesting local unit of government or
3local exchange, as that term is defined in Section 13-206 of
4this Act, in which the cable or video providers have customers.
5    (h) To the extent consistent with federal law, cable or
6video providers shall offer the lowest-cost basic cable or
7video service as a stand-alone service to residential customers
8at reasonable rates. Cable or video providers shall not require
9the subscription to any service other than the lowest-cost
10basic service or to any telecommunications or information
11service, as a condition of access to cable or video service,
12including programming offered on a per channel or per program
13basis. Cable or video providers shall not discriminate between
14subscribers to the lowest-cost basic service, subscribers to
15other cable services or video services, and other subscribers
16with regard to the rates charged for cable or video programming
17offered on a per channel or per program basis.
18    (i) To the extent consistent with federal law, cable or
19video providers shall ensure that charges for changes in the
20subscriber's selection of services or equipment shall be based
21on the cost of such change and shall not exceed nominal amounts
22when the system's configuration permits changes in service tier
23selection to be effected solely by coded entry on a computer
24terminal or by other similarly simple method.
25    (j) To the extent consistent with federal law, cable or
26video providers shall have a rate structure for the provision

 

 

09700HB2582sam002- 204 -LRB097 07362 MRW 69385 a

1of cable or video service that is uniform throughout the area
2within the boundaries of the local unit of government. This
3subsection (j) is not intended to prohibit bulk discounts to
4multiple dwelling units or to prohibit reasonable discounts to
5senior citizens or other economically disadvantaged groups.
6    (k) To the extent consistent with federal law, cable or
7video providers shall not charge a subscriber for any service
8or equipment that the subscriber has not affirmatively
9requested by name. For purposes of this subsection (k), a
10subscriber's failure to refuse a cable or video provider's
11proposal to provide service or equipment shall not be deemed to
12be an affirmative request for such service or equipment.
13    (l) No contract or service agreement containing an early
14termination clause offering residential cable or video
15services or any bundle including such services shall be for a
16term longer than 2 years. Any contract or service offering with
17a term of service that contains an early termination fee shall
18limit the early termination fee to not more than the value of
19any additional goods or services provided with the cable or
20video services, the amount of the discount reflected in the
21price for cable services or video services for the period
22during which the consumer benefited from the discount, or a
23declining fee based on the remainder of the contract term.
24    (m) Cable or video providers shall not discriminate in the
25provision of services for the hearing and visually impaired,
26and shall comply with the accessibility requirements of 47

 

 

09700HB2582sam002- 205 -LRB097 07362 MRW 69385 a

1U.S.C. 613. Cable or video providers shall deliver and pick-up
2or provide customers with pre-paid shipping and packaging for
3the return of converters and other necessary equipment at the
4home of customers with disabilities. Cable or video providers
5shall provide free use of a converter or remote control unit to
6mobility impaired customers.
7    (n)(1) To the extent consistent with federal law, cable or
8video providers shall comply with the provisions of 47 U.S.C.
9532(h) and (j). The cable or video providers shall not exercise
10any editorial control over any video programming provided
11pursuant to this Section, or in any other way consider the
12content of such programming, except that a cable or video
13provider may refuse to transmit any leased access program or
14portion of a leased access program that contains obscenity,
15indecency, or nudity and may consider such content to the
16minimum extent necessary to establish a reasonable price for
17the commercial use of designated channel capacity by an
18unaffiliated person. This subsection (n) shall permit cable or
19video providers to enforce prospectively a written and
20published policy of prohibiting programming that the cable or
21video provider reasonably believes describes or depicts sexual
22or excretory activities or organs in a patently offensive
23manner as measured by contemporary community standards.
24        (2) Upon customer request, the cable or video provider
25    shall, without charge, fully scramble or otherwise fully
26    block the audio and video programming of each channel

 

 

09700HB2582sam002- 206 -LRB097 07362 MRW 69385 a

1    carrying such programming so that a person who is not a
2    subscriber does not receive the channel or programming.
3        (3) In providing sexually explicit adult programming
4    or other programming that is indecent on any channel of its
5    service primarily dedicated to sexually oriented
6    programming, the cable or video provider shall fully
7    scramble or otherwise fully block the video and audio
8    portion of such channel so that a person who is not a
9    subscriber to such channel or programming does not receive
10    it.
11        (4) Scramble means to rearrange the content of the
12    signal of the programming so that the programming cannot be
13    viewed or heard in an understandable manner.
14    (o) Cable or video providers will maintain a listing,
15specific to the level of street address, of the areas where its
16cable or video services are available. Customers who inquire
17about purchasing cable or video service shall be informed about
18whether the cable or video provider's cable or video services
19are currently available to them at their specific location.
20    (p) Cable or video providers shall not disclose the name,
21address, telephone number or other personally identifying
22information of a cable service or video service customer to be
23used in mailing lists or to be used for other commercial
24purposes not reasonably related to the conduct of its business
25unless the cable or video provider has provided to the customer
26a notice, separately or included in any other customer service

 

 

09700HB2582sam002- 207 -LRB097 07362 MRW 69385 a

1notice, that clearly and conspicuously describes the
2customer's ability to prohibit the disclosure. Cable or video
3providers shall provide an address and telephone number for a
4customer to use without a toll charge to prevent disclosure of
5the customer's name and address in mailing lists or for other
6commercial purposes not reasonably related to the conduct of
7its business to other businesses or affiliates of the cable or
8video provider. Cable or video providers shall comply with the
9consumer privacy requirements of Section 26-4.5 of the Criminal
10Code of 1961 the Communications Consumer Privacy Act, the
11Restricted Call Registry Act, and 47 U.S.C. 551 that are in
12effect as of June 30, 2007 (the effective date of Public Act
1395-9) and as amended thereafter.
14    (q) Cable or video providers shall implement an informal
15process for handling inquiries from local units of government
16and customers concerning billing issues, service issues,
17privacy concerns, and other consumer complaints. In the event
18that an issue is not resolved through this informal process, a
19local unit of government or the customer may request nonbinding
20mediation with the cable or video provider, with each party to
21bear its own costs of such mediation. Selection of the mediator
22will be by mutual agreement, and preference will be given to
23mediation services that do not charge the consumer for their
24services. In the event that the informal process does not
25produce a satisfactory result to the customer or the local unit
26of government, enforcement may be pursued as provided in

 

 

09700HB2582sam002- 208 -LRB097 07362 MRW 69385 a

1subdivision (4) of subsection (r) of this Section.
2    (r) The Attorney General and the local unit of government
3may enforce all of the customer service and privacy protection
4standards of this Section with respect to complaints received
5from residents within the local unit of government's
6jurisdiction, but it may not adopt or seek to enforce any
7additional or different customer service or performance
8standards under any other authority or provision of law.
9        (1) The local unit of government may, by ordinance,
10    provide a schedule of penalties for any material breach of
11    this Section by cable or video providers in addition to the
12    penalties provided herein. No monetary penalties shall be
13    assessed for a material breach if it is out of the
14    reasonable control of the cable or video providers or its
15    affiliate. Monetary penalties adopted in an ordinance
16    pursuant to this Section shall apply on a competitively
17    neutral basis to all providers of cable service or video
18    service within the local unit of government's
19    jurisdiction. In no event shall the penalties imposed under
20    this subsection (r) exceed $750 for each day of the
21    material breach, and these penalties shall not exceed
22    $25,000 for each occurrence of a material breach per
23    customer.
24        (2) For purposes of this Section, "material breach"
25    means any substantial failure of a cable or video service
26    provider to comply with service quality and other standards

 

 

09700HB2582sam002- 209 -LRB097 07362 MRW 69385 a

1    specified in any provision of this Act. The Attorney
2    General or the local unit of government shall give the
3    cable or video provider written notice of any alleged
4    material breaches of this Act and allow such provider at
5    least 30 days from receipt of the notice to remedy the
6    specified material breach.
7        (3) A material breach, for the purposes of assessing
8    penalties, shall be deemed to have occurred for each day
9    that a material breach has not been remedied by the cable
10    service or video service provider after the expiration of
11    the period specified in subdivision (2) of this subsection
12    (r) in each local unit of government's jurisdiction,
13    irrespective of the number of customers affected.
14        (4) Any customer, the Attorney General, or a local unit
15    of government may pursue alleged violations of this Act by
16    the cable or video provider in a court of competent
17    jurisdiction. A cable or video provider may seek judicial
18    review of a decision of a local unit of government imposing
19    penalties in a court of competent jurisdiction. No local
20    unit of government shall be subject to suit for damages or
21    other relief based upon its action in connection with its
22    enforcement or review of any of the terms, conditions, and
23    rights contained in this Act except a court may require the
24    return of any penalty it finds was not properly assessed or
25    imposed.
26    (s) Cable or video providers shall credit customers for

 

 

09700HB2582sam002- 210 -LRB097 07362 MRW 69385 a

1violations in the amounts stated herein. The credits shall be
2applied on the statement issued to the customer for the next
3monthly billing cycle following the violation or following the
4discovery of the violation. Cable or video providers are
5responsible for providing the credits described herein and the
6customer is under no obligation to request the credit. If the
7customer is no longer taking service from the cable or video
8provider, the credit amount will be refunded to the customer by
9check within 30 days of the termination of service. A local
10unit of government may, by ordinance, adopt a schedule of
11credits payable directly to customers for breach of the
12customer service standards and obligations contained in this
13Article, provided the schedule of customer credits applies on a
14competitively neutral basis to all providers of cable service
15or video service in the local unit of government's jurisdiction
16and the credits are not greater than the credits provided in
17this Section.
18        (1) Failure to provide notice of customer service
19    standards upon initiation of service: $25.00.
20        (2) Failure to install service within 7 days: Waiver of
21    50% of the installation fee or the monthly fee for the
22    lowest-cost basic service, whichever is greater. Failure
23    to install service within 14 days: Waiver of 100% of the
24    installation fee or the monthly fee for the lowest-cost
25    basic service, whichever is greater.
26        (3) Failure to remedy service interruptions or poor

 

 

09700HB2582sam002- 211 -LRB097 07362 MRW 69385 a

1    video or audio service quality within 48 hours: Pro-rata
2    credit of total regular monthly charges equal to the number
3    of days of the service interruption.
4        (4) Failure to keep an appointment or to notify the
5    customer prior to the close of business on the business day
6    prior to the scheduled appointment: $25.00.
7        (5) Violation of privacy protections: $150.00.
8        (6) Failure to comply with scrambling requirements:
9    $50.00 per month.
10        (7) Violation of customer service and billing
11    standards in subsections (c) and (d) of this Section:
12    $25.00 per occurrence.
13        (8) Violation of the bundling rules in subsection (h)
14    of this Section: $25.00 per month.
15    (t) The enforcement powers granted to the Attorney General
16in Article XXI of this Act shall apply to this Article, except
17that the Attorney General may not seek penalties for violation
18of this Article other than in the amounts specified herein.
19Nothing in this Section shall limit or affect the powers of the
20Attorney General to enforce the provisions of Article XXI of
21this Act or the Consumer Fraud and Deceptive Business Practices
22Act.
23    (u) This Article applies to all cable and video providers
24in the State, including but not limited to those operating
25under a local franchise as that term is used in 47 U.S.C.
26522(9), those operating under authorization pursuant to

 

 

09700HB2582sam002- 212 -LRB097 07362 MRW 69385 a

1Section 11-42-11 of the Illinois Municipal Code, those
2operating under authorization pursuant to Section 5-1095 of the
3Counties Code, and those operating under a State-issued
4authorization pursuant to Article XXI of this Act.
5(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08; 96-927,
6eff. 6-15-10.)
 
7    Section 15-7. The Health Care Worker Background Check Act
8is amended by changing Section 25 as follows:
 
9    (225 ILCS 46/25)
10    Sec. 25. Persons ineligible to be hired by health care
11employers and long-term care facilities.
12    (a) In the discretion of the Director of Public Health, as
13soon after January 1, 1996, January 1, 1997, January 1, 2006,
14or October 1, 2007, as applicable, and as is reasonably
15practical, no health care employer shall knowingly hire,
16employ, or retain any individual in a position with duties
17involving direct care for clients, patients, or residents, and
18no long-term care facility shall knowingly hire, employ, or
19retain any individual in a position with duties that involve or
20may involve contact with residents or access to the living
21quarters or the financial, medical, or personal records of
22residents, who has been convicted of committing or attempting
23to commit one or more of the following offenses: those defined
24in Sections 8-1(b), 8-1.1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3,

 

 

09700HB2582sam002- 213 -LRB097 07362 MRW 69385 a

19-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4,
210-5, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
311-9.1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,
412-2, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2,
512-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13,
612-14, 12-14.1, 12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32,
712-33, 16-1, 16-1.3, 16-25, 16A-3, 17-3, 17-56, 18-1, 18-2,
818-3, 18-4, 18-5, 19-1, 19-3, 19-4, 19-6, 20-1, 20-1.1, 24-1,
924-1.2, 24-1.5, or 33A-2, or subdivision (a)(4) of Section
1011-14.4, or in subsection (a) of Section 12-3 or subsection (a)
11or (b) of Section 12-4.4a, of the Criminal Code of 1961; those
12provided in Section 4 of the Wrongs to Children Act; those
13provided in Section 53 of the Criminal Jurisprudence Act; those
14defined in Section 5, 5.1, 5.2, 7, or 9 of the Cannabis Control
15Act; those defined in the Methamphetamine Control and Community
16Protection Act; or those defined in Sections 401, 401.1, 404,
17405, 405.1, 407, or 407.1 of the Illinois Controlled Substances
18Act, unless the applicant or employee obtains a waiver pursuant
19to Section 40.
20    (a-1) In the discretion of the Director of Public Health,
21as soon after January 1, 2004 or October 1, 2007, as
22applicable, and as is reasonably practical, no health care
23employer shall knowingly hire any individual in a position with
24duties involving direct care for clients, patients, or
25residents, and no long-term care facility shall knowingly hire
26any individual in a position with duties that involve or may

 

 

09700HB2582sam002- 214 -LRB097 07362 MRW 69385 a

1involve contact with residents or access to the living quarters
2or the financial, medical, or personal records of residents,
3who has (i) been convicted of committing or attempting to
4commit one or more of the offenses defined in Section 12-3.3,
512-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33, 17-34, 17-36,
617-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 24-3.2, or
724-3.3, or subsection (b) of Section 17-32, subsection (b) of
8Section 18-1, or subsection (b) of Section 20-1, of the
9Criminal Code of 1961; Section 4, 5, 6, 8, or 17.02 of the
10Illinois Credit Card and Debit Card Act; or Section 11-9.1A of
11the Criminal Code of 1961 or Section 5.1 of the Wrongs to
12Children Act; or (ii) violated Section 50-50 of the Nurse
13Practice Act, unless the applicant or employee obtains a waiver
14pursuant to Section 40 of this Act.
15    A health care employer is not required to retain an
16individual in a position with duties involving direct care for
17clients, patients, or residents, and no long-term care facility
18is required to retain an individual in a position with duties
19that involve or may involve contact with residents or access to
20the living quarters or the financial, medical, or personal
21records of residents, who has been convicted of committing or
22attempting to commit one or more of the offenses enumerated in
23this subsection.
24    (b) A health care employer shall not hire, employ, or
25retain any individual in a position with duties involving
26direct care of clients, patients, or residents, and no

 

 

09700HB2582sam002- 215 -LRB097 07362 MRW 69385 a

1long-term care facility shall knowingly hire, employ, or retain
2any individual in a position with duties that involve or may
3involve contact with residents or access to the living quarters
4or the financial, medical, or personal records of residents, if
5the health care employer becomes aware that the individual has
6been convicted in another state of committing or attempting to
7commit an offense that has the same or similar elements as an
8offense listed in subsection (a) or (a-1), as verified by court
9records, records from a state agency, or an FBI criminal
10history record check, unless the applicant or employee obtains
11a waiver pursuant to Section 40 of this Act. This shall not be
12construed to mean that a health care employer has an obligation
13to conduct a criminal history records check in other states in
14which an employee has resided.
15(Source: P.A. 96-710, eff. 1-1-10; 96-1551, Article 1, Section
16930, eff. 7-1-11; 96-1551, Article 2, Section 995, eff. 7-1-11;
1796-1551, Article 10, Section 10-40, eff. 7-1-11; 97-597, eff.
181-1-12.)
 
19    Section 15-10. The Veterinary Medicine and Surgery
20Practice Act of 2004 is amended by changing Sections 25 and
2125.19 as follows:
 
22    (225 ILCS 115/25)  (from Ch. 111, par. 7025)
23    (Section scheduled to be repealed on January 1, 2014)
24    Sec. 25. Disciplinary actions.

 

 

09700HB2582sam002- 216 -LRB097 07362 MRW 69385 a

1    1. The Department may refuse to issue or renew, or may
2revoke, suspend, place on probation, reprimand, or take other
3disciplinary action as the Department may deem appropriate,
4including fines not to exceed $1,000 for each violation, with
5regard to any license or certificate for any one or combination
6of the following:
7        A. Material misstatement in furnishing information to
8    the Department.
9        B. Violations of this Act, or of the rules adopted
10    pursuant to this Act.
11        C. Conviction of any crime under the laws of the United
12    States or any state or territory of the United States that
13    is a felony or that is a misdemeanor, an essential element
14    of which is dishonesty, or of any crime that is directly
15    related to the practice of the profession.
16        D. Making any misrepresentation for the purpose of
17    obtaining licensure or certification, or violating any
18    provision of this Act or the rules adopted pursuant to this
19    Act pertaining to advertising.
20        E. Professional incompetence.
21        F. Gross malpractice.
22        G. Aiding or assisting another person in violating any
23    provision of this Act or rules.
24        H. Failing, within 60 days, to provide information in
25    response to a written request made by the Department.
26        I. Engaging in dishonorable, unethical, or

 

 

09700HB2582sam002- 217 -LRB097 07362 MRW 69385 a

1    unprofessional conduct of a character likely to deceive,
2    defraud, or harm the public.
3        J. Habitual or excessive use or addiction to alcohol,
4    narcotics, stimulants, or any other chemical agent or drug
5    that results in the inability to practice with reasonable
6    judgment, skill, or safety.
7        K. Discipline by another state, District of Columbia,
8    territory, or foreign nation, if at least one of the
9    grounds for the discipline is the same or substantially
10    equivalent to those set forth herein.
11        L. Directly or indirectly giving to or receiving from
12    any person, firm, corporation, partnership or association
13    any fee, commission, rebate, or other form of compensation
14    for professional services not actually or personally
15    rendered.
16        M. A finding by the Board that the licensee or
17    certificate holder, after having his license or
18    certificate placed on probationary status, has violated
19    the terms of probation.
20        N. Willfully making or filing false records or reports
21    in his practice, including but not limited to false records
22    filed with State agencies or departments.
23        O. Physical illness, including but not limited to,
24    deterioration through the aging process, or loss of motor
25    skill which results in the inability to practice the
26    profession with reasonable judgment, skill, or safety.

 

 

09700HB2582sam002- 218 -LRB097 07362 MRW 69385 a

1        P. Solicitation of professional services other than
2    permitted advertising.
3        Q. Having professional connection with or lending
4    one's name, directly or indirectly, to any illegal
5    practitioner of veterinary medicine and surgery and the
6    various branches thereof.
7        R. Conviction of or cash compromise of a charge or
8    violation of the Harrison Act or the Illinois Controlled
9    Substances Act, regulating narcotics.
10        S. Fraud or dishonesty in applying, treating, or
11    reporting on tuberculin or other biological tests.
12        T. Failing to report, as required by law, or making
13    false report of any contagious or infectious diseases.
14        U. Fraudulent use or misuse of any health certificate,
15    shipping certificate, brand inspection certificate, or
16    other blank forms used in practice that might lead to the
17    dissemination of disease or the transportation of diseased
18    animals dead or alive; or dilatory methods, willful
19    neglect, or misrepresentation in the inspection of milk,
20    meat, poultry, and the by-products thereof.
21        V. Conviction on a charge of cruelty to animals.
22        W. Failure to keep one's premises and all equipment
23    therein in a clean and sanitary condition.
24        X. Failure to provide satisfactory proof of having
25    participated in approved continuing education programs.
26        Y. Failure to (i) file a return, (ii) pay the tax,

 

 

09700HB2582sam002- 219 -LRB097 07362 MRW 69385 a

1    penalty, or interest shown in a filed return, or (iii) pay
2    any final assessment of tax, penalty, or interest, as
3    required by any tax Act administered by the Illinois
4    Department of Revenue, until the requirements of that tax
5    Act are satisfied.
6        Z. Conviction by any court of competent jurisdiction,
7    either within or outside this State, of any violation of
8    any law governing the practice of veterinary medicine, if
9    the Department determines, after investigation, that the
10    person has not been sufficiently rehabilitated to warrant
11    the public trust.
12        AA. Promotion of the sale of drugs, devices,
13    appliances, or goods provided for a patient in any manner
14    to exploit the client for financial gain of the
15    veterinarian.
16        BB. Gross, willful, or continued overcharging for
17    professional services, including filing false statements
18    for collection of fees for which services are not rendered.
19        CC. Practicing under a false or, except as provided by
20    law, an assumed name.
21        DD. Fraud or misrepresentation in applying for, or
22    procuring, a license under this Act or in connection with
23    applying for renewal of a license under this Act.
24        EE. Cheating on or attempting to subvert the licensing
25    examination administered under this Act.
26        FF. Using, prescribing, or selling a prescription drug

 

 

09700HB2582sam002- 220 -LRB097 07362 MRW 69385 a

1    or the extra-label use of a prescription drug by any means
2    in the absence of a valid veterinarian-client-patient
3    relationship.
4        GG. Failing to report a case of suspected aggravated
5    cruelty, torture, or animal fighting pursuant to Section
6    3.07 or 4.01 of the Humane Care for Animals Act or Section
7    26-5 or 48-1 of the Criminal Code of 1961.
8    2. The determination by a circuit court that a licensee or
9certificate holder is subject to involuntary admission or
10judicial admission as provided in the Mental Health and
11Developmental Disabilities Code operates as an automatic
12suspension. The suspension will end only upon a finding by a
13court that the patient is no longer subject to involuntary
14admission or judicial admission and issues an order so finding
15and discharging the patient; and upon the recommendation of the
16Board to the Secretary that the licensee or certificate holder
17be allowed to resume his practice.
18    3. All proceedings to suspend, revoke, place on
19probationary status, or take any other disciplinary action as
20the Department may deem proper, with regard to a license or
21certificate on any of the foregoing grounds, must be commenced
22within 3 years after receipt by the Department of a complaint
23alleging the commission of or notice of the conviction order
24for any of the acts described in this Section. Except for
25proceedings brought for violations of items (CC), (DD), or
26(EE), no action shall be commenced more than 5 years after the

 

 

09700HB2582sam002- 221 -LRB097 07362 MRW 69385 a

1date of the incident or act alleged to have violated this
2Section. In the event of the settlement of any claim or cause
3of action in favor of the claimant or the reduction to final
4judgment of any civil action in favor of the plaintiff, the
5claim, cause of action, or civil action being grounded on the
6allegation that a person licensed or certified under this Act
7was negligent in providing care, the Department shall have an
8additional period of one year from the date of the settlement
9or final judgment in which to investigate and begin formal
10disciplinary proceedings under Section 25.2 of this Act, except
11as otherwise provided by law. The time during which the holder
12of the license or certificate was outside the State of Illinois
13shall not be included within any period of time limiting the
14commencement of disciplinary action by the Department.
15    4. The Department may refuse to issue or take disciplinary
16action concerning the license of any person who fails to file a
17return, to pay the tax, penalty, or interest shown in a filed
18return, or to pay any final assessment of tax, penalty, or
19interest as required by any tax Act administered by the
20Department of Revenue, until such time as the requirements of
21any such tax Act are satisfied as determined by the Department
22of Revenue.
23    5. In enforcing this Section, the Board, upon a showing of
24a possible violation, may compel a licensee or applicant to
25submit to a mental or physical examination, or both, as
26required by and at the expense of the Department. The examining

 

 

09700HB2582sam002- 222 -LRB097 07362 MRW 69385 a

1physicians or clinical psychologists shall be those
2specifically designated by the Board. The Board or the
3Department may order (i) the examining physician to present
4testimony concerning the mental or physical examination of a
5licensee or applicant or (ii) the examining clinical
6psychologist to present testimony concerning the mental
7examination of a licensee or applicant. No information shall be
8excluded by reason of any common law or statutory privilege
9relating to communications between a licensee or applicant and
10the examining physician or clinical psychologist. An
11individual to be examined may have, at his or her own expense,
12another physician or clinical psychologist of his or her choice
13present during all aspects of the examination. Failure of an
14individual to submit to a mental or physical examination, when
15directed, is grounds for suspension of his or her license. The
16license must remain suspended until the person submits to the
17examination or the Board finds, after notice and hearing, that
18the refusal to submit to the examination was with reasonable
19cause.
20    If the Board finds an individual unable to practice because
21of the reasons set forth in this Section, the Board must
22require the individual to submit to care, counseling, or
23treatment by a physician or clinical psychologist approved by
24the Board, as a condition, term, or restriction for continued,
25reinstated, or renewed licensure to practice. In lieu of care,
26counseling, or treatment, the Board may recommend that the

 

 

09700HB2582sam002- 223 -LRB097 07362 MRW 69385 a

1Department file a complaint to immediately suspend or revoke
2the license of the individual or otherwise discipline the
3licensee.
4    Any individual whose license was granted, continued,
5reinstated, or renewed subject to conditions, terms, or
6restrictions, as provided for in this Section, or any
7individual who was disciplined or placed on supervision
8pursuant to this Section must be referred to the Secretary for
9a determination as to whether the person shall have his or her
10license suspended immediately, pending a hearing by the Board.
11(Source: P.A. 96-1322, eff. 7-27-10.)
 
12    (225 ILCS 115/25.19)
13    (Section scheduled to be repealed on January 1, 2014)
14    Sec. 25.19. Mandatory reporting. Nothing in this Act
15exempts a licensee from the mandatory reporting requirements
16regarding suspected acts of aggravated cruelty, torture, and
17animal fighting imposed under Sections 3.07 and 4.01 of the
18Humane Care for Animals Act and Section 26-5 or 48-1 of the
19Criminal Code of 1961.
20(Source: P.A. 93-281, eff. 12-31-03.)
 
21    Section 15-15. The Humane Care for Animals Act is amended
22by changing Sections 3.03-1, 3.04, 3.05, 4.01, and 4.02 as
23follows:
 

 

 

09700HB2582sam002- 224 -LRB097 07362 MRW 69385 a

1    (510 ILCS 70/3.03-1)
2    Sec. 3.03-1. Depiction of animal cruelty.
3    (a) "Depiction of animal cruelty" means any visual or
4auditory depiction, including any photograph, motion-picture
5film, video recording, electronic image, or sound recording,
6that would constitute a violation of Section 3.01, 3.02, 3.03,
7or 4.01 of the Humane Care for Animals Act or Section 26-5 or
848-1 of the Criminal Code of 1961.
9    (b) No person may knowingly create, sell, market, offer to
10market or sell, or possess a depiction of animal cruelty. No
11person may place that depiction in commerce for commercial gain
12or entertainment. This Section does not apply when the
13depiction has religious, political, scientific, educational,
14law enforcement or humane investigator training, journalistic,
15artistic, or historical value; or involves rodeos, sanctioned
16livestock events, or normal husbandry practices.
17    The creation, sale, marketing, offering to sell or market,
18or possession of the depiction of animal cruelty is illegal
19regardless of whether the maiming, mutilation, torture,
20wounding, abuse, killing, or any other conduct took place in
21this State.
22    (c) Any person convicted of violating this Section is
23guilty of a Class A misdemeanor. A second or subsequent
24violation is a Class 4 felony. In addition to any other penalty
25provided by law, upon conviction for violating this Section,
26the court may order the convicted person to undergo a

 

 

09700HB2582sam002- 225 -LRB097 07362 MRW 69385 a

1psychological or psychiatric evaluation and to undergo any
2treatment at the convicted person's expense that the court
3determines to be appropriate after due consideration of the
4evaluation. If the convicted person is a juvenile, the court
5shall order the convicted person to undergo a psychological or
6psychiatric evaluation and to undergo treatment that the court
7determines to be appropriate after due consideration of the
8evaluation.
9(Source: P.A. 92-776, eff. 1-1-03.)
 
10    (510 ILCS 70/3.04)
11    Sec. 3.04. Arrests and seizures; penalties.
12    (a) Any law enforcement officer making an arrest for an
13offense involving one or more companion animals under Section
143.01, 3.02, or 3.03 of this Act may lawfully take possession of
15some or all of the companion animals in the possession of the
16person arrested. The officer, after taking possession of the
17companion animals, must file with the court before whom the
18complaint is made against any person so arrested an affidavit
19stating the name of the person charged in the complaint, a
20description of the condition of the companion animal or
21companion animals taken, and the time and place the companion
22animal or companion animals were taken, together with the name
23of the person from whom the companion animal or companion
24animals were taken and name of the person who claims to own the
25companion animal or companion animals if different from the

 

 

09700HB2582sam002- 226 -LRB097 07362 MRW 69385 a

1person from whom the companion animal or companion animals were
2seized. He or she must at the same time deliver an inventory of
3the companion animal or companion animals taken to the court of
4competent jurisdiction. The officer must place the companion
5animal or companion animals in the custody of an animal control
6or animal shelter and the agency must retain custody of the
7companion animal or companion animals subject to an order of
8the court adjudicating the charges on the merits and before
9which the person complained against is required to appear for
10trial. The State's Attorney may, within 14 days after the
11seizure, file a "petition for forfeiture prior to trial" before
12the court having criminal jurisdiction over the alleged
13charges, asking for permanent forfeiture of the companion
14animals seized. The petition shall be filed with the court,
15with copies served on the impounding agency, the owner, and
16anyone claiming an interest in the animals. In a "petition for
17forfeiture prior to trial", the burden is on the prosecution to
18prove by a preponderance of the evidence that the person
19arrested violated Section 3.01, 3.02, 3.03, or 4.01 of this Act
20or Section 26-5 or 48-1 of the Criminal Code of 1961.
21    (b) An owner whose companion animal or companion animals
22are removed by a law enforcement officer under this Section
23must be given written notice of the circumstances of the
24removal and of any legal remedies available to him or her. The
25notice must be posted at the place of seizure, or delivered to
26a person residing at the place of seizure or, if the address of

 

 

09700HB2582sam002- 227 -LRB097 07362 MRW 69385 a

1the owner is different from the address of the person from whom
2the companion animal or companion animals were seized,
3delivered by registered mail to his or her last known address.
4    (c) In addition to any other penalty provided by law, upon
5conviction for violating Sections 3, 3.01, 3.02, or 3.03 the
6court may order the convicted person to forfeit to an animal
7control or animal shelter the animal or animals that are the
8basis of the conviction. Upon an order of forfeiture, the
9convicted person is deemed to have permanently relinquished all
10rights to the animal or animals that are the basis of the
11conviction. The forfeited animal or animals shall be adopted or
12humanely euthanized. In no event may the convicted person or
13anyone residing in his or her household be permitted to adopt
14the forfeited animal or animals. The court, additionally, may
15order that the convicted person and persons dwelling in the
16same household as the convicted person who conspired, aided, or
17abetted in the unlawful act that was the basis of the
18conviction, or who knew or should have known of the unlawful
19act, may not own, harbor, or have custody or control of any
20other animals for a period of time that the court deems
21reasonable.
22(Source: P.A. 95-560, eff. 8-30-07.)
 
23    (510 ILCS 70/3.05)
24    Sec. 3.05. Security for companion animals and animals used
25for fighting purposes.

 

 

09700HB2582sam002- 228 -LRB097 07362 MRW 69385 a

1    (a) In the case of companion animals as defined in Section
22.01a or animals used for fighting purposes in violation of
3Section 4.01 of this Act or Section 26-5 or 48-1 of the
4Criminal Code of 1961, the animal control or animal shelter
5having custody of the animal or animals may file a petition
6with the court requesting that the person from whom the animal
7or animals are seized, or the owner of the animal or animals,
8be ordered to post security. The security must be in an amount
9sufficient to secure payment of all reasonable expenses
10expected to be incurred by the animal control or animal shelter
11in caring for and providing for the animal or animals pending
12the disposition of the charges. Reasonable expenses include,
13but are not limited to, estimated medical care and boarding of
14the animal or animals for 30 days. The amount of the security
15shall be determined by the court after taking into
16consideration all of the facts and circumstances of the case,
17including, but not limited to, the recommendation of the
18impounding organization having custody and care of the seized
19animal or animals and the cost of caring for the animal or
20animals. If security has been posted in accordance with this
21Section, the animal control or animal shelter may draw from the
22security the actual costs incurred by the agency in caring for
23the seized animal or animals.
24    (b) Upon receipt of a petition, the court must set a
25hearing on the petition, to be conducted within 5 business days
26after the petition is filed. The petitioner must serve a true

 

 

09700HB2582sam002- 229 -LRB097 07362 MRW 69385 a

1copy of the petition upon the defendant and the State's
2Attorney for the county in which the animal or animals were
3seized. The petitioner must also serve a true copy of the
4petition on any interested person. For the purposes of this
5subsection, "interested person" means an individual,
6partnership, firm, joint stock company, corporation,
7association, trust, estate, or other legal entity that the
8court determines may have a pecuniary interest in the animal or
9animals that are the subject of the petition. The court must
10set a hearing date to determine any interested parties. The
11court may waive for good cause shown the posting of security.
12    (c) If the court orders the posting of security, the
13security must be posted with the clerk of the court within 5
14business days after the hearing. If the person ordered to post
15security does not do so, the animal or animals are forfeited by
16operation of law and the animal control or animal shelter
17having control of the animal or animals must dispose of the
18animal or animals through adoption or must humanely euthanize
19the animal. In no event may the defendant or any person
20residing in the defendant's household adopt the animal or
21animals.
22    (d) The impounding organization may file a petition with
23the court upon the expiration of the 30-day period requesting
24the posting of additional security. The court may order the
25person from whom the animal or animals were seized, or the
26owner of the animal or animals, to post additional security

 

 

09700HB2582sam002- 230 -LRB097 07362 MRW 69385 a

1with the clerk of the court to secure payment of reasonable
2expenses for an additional period of time pending a
3determination by the court of the charges against the person
4from whom the animal or animals were seized.
5    (e) In no event may the security prevent the impounding
6organization having custody and care of the animal or animals
7from disposing of the animal or animals before the expiration
8of the 30-day period covered by the security if the court makes
9a final determination of the charges against the person from
10whom the animal or animals were seized. Upon the adjudication
11of the charges, the person who posted the security is entitled
12to a refund of the security, in whole or in part, for any
13expenses not incurred by the impounding organization.
14    (f) Notwithstanding any other provision of this Section to
15the contrary, the court may order a person charged with any
16violation of this Act to provide necessary food, water,
17shelter, and care for any animal or animals that are the basis
18of the charge without the removal of the animal or animals from
19their existing location and until the charges against the
20person are adjudicated. Until a final determination of the
21charges is made, any law enforcement officer, animal control
22officer, Department investigator, or an approved humane
23investigator may be authorized by an order of the court to make
24regular visits to the place where the animal or animals are
25being kept to ascertain if the animal or animals are receiving
26necessary food, water, shelter, and care. Nothing in this

 

 

09700HB2582sam002- 231 -LRB097 07362 MRW 69385 a

1Section prevents any law enforcement officer, Department
2investigator, or approved humane investigator from applying
3for a warrant under this Section to seize any animal or animals
4being held by the person charged pending the adjudication of
5the charges if it is determined that the animal or animals are
6not receiving the necessary food, water, shelter, or care.
7    (g) Nothing in this Act shall be construed to prevent the
8voluntary, permanent relinquishment of any animal by its owner
9to an animal control or animal shelter in lieu of posting
10security or proceeding to a forfeiture hearing. Voluntary
11relinquishment shall have no effect on the criminal charges
12that may be pursued by the appropriate authorities.
13    (h) If an owner of a companion animal is acquitted by the
14court of charges made pursuant to this Act, the court shall
15further order that any security that has been posted for the
16animal shall be returned to the owner by the impounding
17organization.
18    (i) The provisions of this Section only pertain to
19companion animals and animals used for fighting purposes.
20(Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02.)
 
21    (510 ILCS 70/4.01)  (from Ch. 8, par. 704.01)
22    Sec. 4.01. Animals in entertainment. This Section does not
23apply when the only animals involved are dogs. (Section 48-1
2426-5 of the Criminal Code of 1961, rather than this Section,
25applies when the only animals involved are dogs.)

 

 

09700HB2582sam002- 232 -LRB097 07362 MRW 69385 a

1    (a) No person may own, capture, breed, train, or lease any
2animal which he or she knows or should know is intended for use
3in any show, exhibition, program, or other activity featuring
4or otherwise involving a fight between such animal and any
5other animal or human, or the intentional killing of any animal
6for the purpose of sport, wagering, or entertainment.
7    (b) No person shall promote, conduct, carry on, advertise,
8collect money for or in any other manner assist or aid in the
9presentation for purposes of sport, wagering, or
10entertainment, any show, exhibition, program, or other
11activity involving a fight between 2 or more animals or any
12animal and human, or the intentional killing of any animal.
13    (c) No person shall sell or offer for sale, ship,
14transport, or otherwise move, or deliver or receive any animal
15which he or she knows or should know has been captured, bred,
16or trained, or will be used, to fight another animal or human
17or be intentionally killed, for the purpose of sport, wagering,
18or entertainment.
19    (d) No person shall manufacture for sale, shipment,
20transportation or delivery any device or equipment which that
21person knows or should know is intended for use in any show,
22exhibition, program, or other activity featuring or otherwise
23involving a fight between 2 or more animals, or any human and
24animal, or the intentional killing of any animal for purposes
25of sport, wagering or entertainment.
26    (e) No person shall own, possess, sell or offer for sale,

 

 

09700HB2582sam002- 233 -LRB097 07362 MRW 69385 a

1ship, transport, or otherwise move any equipment or device
2which such person knows or should know is intended for use in
3connection with any show, exhibition, program, or activity
4featuring or otherwise involving a fight between 2 or more
5animals, or any animal and human, or the intentional killing of
6any animal for purposes of sport, wagering or entertainment.
7    (f) No person shall make available any site, structure, or
8facility, whether enclosed or not, which he or she knows or
9should know is intended to be used for the purpose of
10conducting any show, exhibition, program, or other activity
11involving a fight between 2 or more animals, or any animal and
12human, or the intentional killing of any animal.
13    (g) No person shall knowingly attend or otherwise patronize
14any show, exhibition, program, or other activity featuring or
15otherwise involving a fight between 2 or more animals, or any
16animal and human, or the intentional killing of any animal for
17the purposes of sport, wagering or entertainment.
18    (h) (Blank).
19    (i) Any animals or equipment involved in a violation of
20this Section shall be immediately seized and impounded under
21Section 12 by the Department when located at any show,
22exhibition, program, or other activity featuring or otherwise
23involving an animal fight for the purposes of sport, wagering,
24or entertainment.
25    (j) Any vehicle or conveyance other than a common carrier
26that is used in violation of this Section shall be seized,

 

 

09700HB2582sam002- 234 -LRB097 07362 MRW 69385 a

1held, and offered for sale at public auction by the sheriff's
2department of the proper jurisdiction, and the proceeds from
3the sale shall be remitted to the general fund of the county
4where the violation took place.
5    (k) Any veterinarian in this State who is presented with an
6animal for treatment of injuries or wounds resulting from
7fighting where there is a reasonable possibility that the
8animal was engaged in or utilized for a fighting event for the
9purposes of sport, wagering, or entertainment shall file a
10report with the Department and cooperate by furnishing the
11owners' names, dates, and descriptions of the animal or animals
12involved. Any veterinarian who in good faith complies with the
13requirements of this subsection has immunity from any
14liability, civil, criminal, or otherwise, that may result from
15his or her actions. For the purposes of any proceedings, civil
16or criminal, the good faith of the veterinarian shall be
17rebuttably presumed.
18    (l) No person shall solicit a minor to violate this
19Section.
20    (m) The penalties for violations of this Section shall be
21as follows:
22        (1) A person convicted of violating subsection (a),
23    (b), or (c) of this Section or any rule, regulation, or
24    order of the Department pursuant thereto is guilty of a
25    Class 4 felony for the first offense. A second or
26    subsequent offense involving the violation of subsection

 

 

09700HB2582sam002- 235 -LRB097 07362 MRW 69385 a

1    (a), (b), or (c) of this Section or any rule, regulation,
2    or order of the Department pursuant thereto is a Class 3
3    felony.
4        (2) A person convicted of violating subsection (d),
5    (e), or (f) of this Section or any rule, regulation, or
6    order of the Department pursuant thereto is guilty of a
7    Class 4 felony for the first offense. A second or
8    subsequent violation is a Class 3 felony.
9        (3) A person convicted of violating subsection (g) of
10    this Section or any rule, regulation, or order of the
11    Department pursuant thereto is guilty of a Class 4 felony
12    for the first offense. A second or subsequent violation is
13    a Class 3 felony.
14        (4) A person convicted of violating subsection (l) of
15    this Section is guilty of a Class 4 felony for the first
16    offense. A second or subsequent violation is a Class 3
17    felony.
18    (n) A person who commits a felony violation of this Section
19is subject to the property forfeiture provisions set forth in
20Article 124B of the Code of Criminal Procedure of 1963.
21(Source: P.A. 95-331, eff. 8-21-07; 95-560, eff. 8-30-07;
2296-226, eff. 8-11-09; 96-712, eff. 1-1-10; 96-1000, eff.
237-2-10.)
 
24    (510 ILCS 70/4.02)  (from Ch. 8, par. 704.02)
25    Sec. 4.02. Arrests; reports.

 

 

09700HB2582sam002- 236 -LRB097 07362 MRW 69385 a

1    (a) Any law enforcement officer making an arrest for an
2offense involving one or more animals under Section 4.01 of
3this Act or Section 48-1 26-5 of the Criminal Code of 1961
4shall lawfully take possession of all animals and all
5paraphernalia, implements, or other property or things used or
6employed, or about to be employed, in the violation of any of
7the provisions of Section 4.01 of this Act or Section 48-1 26-5
8of the Criminal Code of 1961. When a law enforcement officer
9has taken possession of such animals, paraphernalia,
10implements or other property or things, he or she shall file
11with the court before whom the complaint is made against any
12person so arrested an affidavit stating therein the name of the
13person charged in the complaint, a description of the property
14so taken and the time and place of the taking thereof together
15with the name of the person from whom the same was taken and
16name of the person who claims to own such property, if
17different from the person from whom the animals were seized and
18if known, and that the affiant has reason to believe and does
19believe, stating the ground of the belief, that the animals and
20property so taken were used or employed, or were about to be
21used or employed, in a violation of Section 4.01 of this Act or
22Section 48-1 26-5 of the Criminal Code of 1961. He or she shall
23thereupon deliver an inventory of the property so taken to the
24court of competent jurisdiction. A law enforcement officer may
25humanely euthanize animals that are severely injured.
26    An owner whose animals are removed for a violation of

 

 

09700HB2582sam002- 237 -LRB097 07362 MRW 69385 a

1Section 4.01 of this Act or Section 48-1 26-5 of the Criminal
2Code of 1961 must be given written notice of the circumstances
3of the removal and of any legal remedies available to him or
4her. The notice must be posted at the place of seizure or
5delivered to a person residing at the place of seizure or, if
6the address of the owner is different from the address of the
7person from whom the animals were seized, delivered by
8registered mail to his or her last known address.
9    The animal control or animal shelter having custody of the
10animals may file a petition with the court requesting that the
11person from whom the animals were seized or the owner of the
12animals be ordered to post security pursuant to Section 3.05 of
13this Act.
14    Upon the conviction of the person so charged, all animals
15shall be adopted or humanely euthanized and property so seized
16shall be adjudged by the court to be forfeited. Any outstanding
17costs incurred by the impounding facility in boarding and
18treating the animals pending the disposition of the case and
19disposing of the animals upon a conviction must be borne by the
20person convicted. In no event may the animals be adopted by the
21defendant or anyone residing in his or her household. If the
22court finds that the State either failed to prove the criminal
23allegations or failed to prove that the animals were used in
24fighting, the court must direct the delivery of the animals and
25the other property not previously forfeited to the owner of the
26animals and property.

 

 

09700HB2582sam002- 238 -LRB097 07362 MRW 69385 a

1    Any person authorized by this Section to care for an
2animal, to treat an animal, or to attempt to restore an animal
3to good health and who is acting in good faith is immune from
4any civil or criminal liability that may result from his or her
5actions.
6    An animal control warden, animal control administrator,
7animal shelter employee, or approved humane investigator may
8humanely euthanize severely injured, diseased, or suffering
9animal in exigent circumstances.
10    (b) Any veterinarian in this State who is presented with an
11animal for treatment of injuries or wounds resulting from
12fighting where there is a reasonable possibility that the
13animal was engaged in or utilized for a fighting event shall
14file a report with the Department and cooperate by furnishing
15the owners' names, date of receipt of the animal or animals and
16treatment administered, and descriptions of the animal or
17animals involved. Any veterinarian who in good faith makes a
18report, as required by this subsection (b), is immune from any
19liability, civil, criminal, or otherwise, resulting from his or
20her actions. For the purposes of any proceedings, civil or
21criminal, the good faith of any such veterinarian shall be
22presumed.
23(Source: P.A. 92-425, eff. 1-1-02; 92-454, eff. 1-1-02; 92-650,
24eff. 7-11-02; 92-651, eff. 7-11-02.)
 
25    Section 15-17. The Illinois Vehicle Code is amended by

 

 

09700HB2582sam002- 239 -LRB097 07362 MRW 69385 a

1changing Sections 6-106.1 and 6-508 as follows:
 
2    (625 ILCS 5/6-106.1)
3    Sec. 6-106.1. School bus driver permit.
4    (a) The Secretary of State shall issue a school bus driver
5permit to those applicants who have met all the requirements of
6the application and screening process under this Section to
7insure the welfare and safety of children who are transported
8on school buses throughout the State of Illinois. Applicants
9shall obtain the proper application required by the Secretary
10of State from their prospective or current employer and submit
11the completed application to the prospective or current
12employer along with the necessary fingerprint submission as
13required by the Department of State Police to conduct
14fingerprint based criminal background checks on current and
15future information available in the state system and current
16information available through the Federal Bureau of
17Investigation's system. Applicants who have completed the
18fingerprinting requirements shall not be subjected to the
19fingerprinting process when applying for subsequent permits or
20submitting proof of successful completion of the annual
21refresher course. Individuals who on the effective date of this
22Act possess a valid school bus driver permit that has been
23previously issued by the appropriate Regional School
24Superintendent are not subject to the fingerprinting
25provisions of this Section as long as the permit remains valid

 

 

09700HB2582sam002- 240 -LRB097 07362 MRW 69385 a

1and does not lapse. The applicant shall be required to pay all
2related application and fingerprinting fees as established by
3rule including, but not limited to, the amounts established by
4the Department of State Police and the Federal Bureau of
5Investigation to process fingerprint based criminal background
6investigations. All fees paid for fingerprint processing
7services under this Section shall be deposited into the State
8Police Services Fund for the cost incurred in processing the
9fingerprint based criminal background investigations. All
10other fees paid under this Section shall be deposited into the
11Road Fund for the purpose of defraying the costs of the
12Secretary of State in administering this Section. All
13applicants must:
14        1. be 21 years of age or older;
15        2. possess a valid and properly classified driver's
16    license issued by the Secretary of State;
17        3. possess a valid driver's license, which has not been
18    revoked, suspended, or canceled for 3 years immediately
19    prior to the date of application, or have not had his or
20    her commercial motor vehicle driving privileges
21    disqualified within the 3 years immediately prior to the
22    date of application;
23        4. successfully pass a written test, administered by
24    the Secretary of State, on school bus operation, school bus
25    safety, and special traffic laws relating to school buses
26    and submit to a review of the applicant's driving habits by

 

 

09700HB2582sam002- 241 -LRB097 07362 MRW 69385 a

1    the Secretary of State at the time the written test is
2    given;
3        5. demonstrate ability to exercise reasonable care in
4    the operation of school buses in accordance with rules
5    promulgated by the Secretary of State;
6        6. demonstrate physical fitness to operate school
7    buses by submitting the results of a medical examination,
8    including tests for drug use for each applicant not subject
9    to such testing pursuant to federal law, conducted by a
10    licensed physician, an advanced practice nurse who has a
11    written collaborative agreement with a collaborating
12    physician which authorizes him or her to perform medical
13    examinations, or a physician assistant who has been
14    delegated the performance of medical examinations by his or
15    her supervising physician within 90 days of the date of
16    application according to standards promulgated by the
17    Secretary of State;
18        7. affirm under penalties of perjury that he or she has
19    not made a false statement or knowingly concealed a
20    material fact in any application for permit;
21        8. have completed an initial classroom course,
22    including first aid procedures, in school bus driver safety
23    as promulgated by the Secretary of State; and after
24    satisfactory completion of said initial course an annual
25    refresher course; such courses and the agency or
26    organization conducting such courses shall be approved by

 

 

09700HB2582sam002- 242 -LRB097 07362 MRW 69385 a

1    the Secretary of State; failure to complete the annual
2    refresher course, shall result in cancellation of the
3    permit until such course is completed;
4        9. not have been under an order of court supervision
5    for or convicted of 2 or more serious traffic offenses, as
6    defined by rule, within one year prior to the date of
7    application that may endanger the life or safety of any of
8    the driver's passengers within the duration of the permit
9    period;
10        10. not have been under an order of court supervision
11    for or convicted of reckless driving, aggravated reckless
12    driving, driving while under the influence of alcohol,
13    other drug or drugs, intoxicating compound or compounds or
14    any combination thereof, or reckless homicide resulting
15    from the operation of a motor vehicle within 3 years of the
16    date of application;
17        11. not have been convicted of committing or attempting
18    to commit any one or more of the following offenses: (i)
19    those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
20    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
21    10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,
22    11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,
23    11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,
24    11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
25    11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3,
26    11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6,

 

 

09700HB2582sam002- 243 -LRB097 07362 MRW 69385 a

1    12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
2    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2,
3    12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
4    12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33,
5    16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1,
6    20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2,
7    24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 31A-1,
8    31A-1.1, 33A-2, and 33D-1, and in subsection (b) of Section
9    8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1),
10    (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and
11    in subsection (a) and subsection (b), clause (1), of
12    Section 12-4, and in subsection (A), clauses (a) and (b),
13    of Section 24-3, and those offenses contained in Article
14    29D of the Criminal Code of 1961; (ii) those offenses
15    defined in the Cannabis Control Act except those offenses
16    defined in subsections (a) and (b) of Section 4, and
17    subsection (a) of Section 5 of the Cannabis Control Act;
18    (iii) those offenses defined in the Illinois Controlled
19    Substances Act; (iv) those offenses defined in the
20    Methamphetamine Control and Community Protection Act; (v)
21    any offense committed or attempted in any other state or
22    against the laws of the United States, which if committed
23    or attempted in this State would be punishable as one or
24    more of the foregoing offenses; (vi) the offenses defined
25    in Section 4.1 and 5.1 of the Wrongs to Children Act or
26    Section 11-9.1A of the Criminal Code of 1961; (vii) those

 

 

09700HB2582sam002- 244 -LRB097 07362 MRW 69385 a

1    offenses defined in Section 6-16 of the Liquor Control Act
2    of 1934; and (viii) those offenses defined in the
3    Methamphetamine Precursor Control Act;
4        12. not have been repeatedly involved as a driver in
5    motor vehicle collisions or been repeatedly convicted of
6    offenses against laws and ordinances regulating the
7    movement of traffic, to a degree which indicates lack of
8    ability to exercise ordinary and reasonable care in the
9    safe operation of a motor vehicle or disrespect for the
10    traffic laws and the safety of other persons upon the
11    highway;
12        13. not have, through the unlawful operation of a motor
13    vehicle, caused an accident resulting in the death of any
14    person;
15        14. not have, within the last 5 years, been adjudged to
16    be afflicted with or suffering from any mental disability
17    or disease; and
18        15. consent, in writing, to the release of results of
19    reasonable suspicion drug and alcohol testing under
20    Section 6-106.1c of this Code by the employer of the
21    applicant to the Secretary of State.
22    (b) A school bus driver permit shall be valid for a period
23specified by the Secretary of State as set forth by rule. It
24shall be renewable upon compliance with subsection (a) of this
25Section.
26    (c) A school bus driver permit shall contain the holder's

 

 

09700HB2582sam002- 245 -LRB097 07362 MRW 69385 a

1driver's license number, legal name, residence address, zip
2code, and date of birth, a brief description of the holder and
3a space for signature. The Secretary of State may require a
4suitable photograph of the holder.
5    (d) The employer shall be responsible for conducting a
6pre-employment interview with prospective school bus driver
7candidates, distributing school bus driver applications and
8medical forms to be completed by the applicant, and submitting
9the applicant's fingerprint cards to the Department of State
10Police that are required for the criminal background
11investigations. The employer shall certify in writing to the
12Secretary of State that all pre-employment conditions have been
13successfully completed including the successful completion of
14an Illinois specific criminal background investigation through
15the Department of State Police and the submission of necessary
16fingerprints to the Federal Bureau of Investigation for
17criminal history information available through the Federal
18Bureau of Investigation system. The applicant shall present the
19certification to the Secretary of State at the time of
20submitting the school bus driver permit application.
21    (e) Permits shall initially be provisional upon receiving
22certification from the employer that all pre-employment
23conditions have been successfully completed, and upon
24successful completion of all training and examination
25requirements for the classification of the vehicle to be
26operated, the Secretary of State shall provisionally issue a

 

 

09700HB2582sam002- 246 -LRB097 07362 MRW 69385 a

1School Bus Driver Permit. The permit shall remain in a
2provisional status pending the completion of the Federal Bureau
3of Investigation's criminal background investigation based
4upon fingerprinting specimens submitted to the Federal Bureau
5of Investigation by the Department of State Police. The Federal
6Bureau of Investigation shall report the findings directly to
7the Secretary of State. The Secretary of State shall remove the
8bus driver permit from provisional status upon the applicant's
9successful completion of the Federal Bureau of Investigation's
10criminal background investigation.
11    (f) A school bus driver permit holder shall notify the
12employer and the Secretary of State if he or she is issued an
13order of court supervision for or convicted in another state of
14an offense that would make him or her ineligible for a permit
15under subsection (a) of this Section. The written notification
16shall be made within 5 days of the entry of the order of court
17supervision or conviction. Failure of the permit holder to
18provide the notification is punishable as a petty offense for a
19first violation and a Class B misdemeanor for a second or
20subsequent violation.
21    (g) Cancellation; suspension; notice and procedure.
22        (1) The Secretary of State shall cancel a school bus
23    driver permit of an applicant whose criminal background
24    investigation discloses that he or she is not in compliance
25    with the provisions of subsection (a) of this Section.
26        (2) The Secretary of State shall cancel a school bus

 

 

09700HB2582sam002- 247 -LRB097 07362 MRW 69385 a

1    driver permit when he or she receives notice that the
2    permit holder fails to comply with any provision of this
3    Section or any rule promulgated for the administration of
4    this Section.
5        (3) The Secretary of State shall cancel a school bus
6    driver permit if the permit holder's restricted commercial
7    or commercial driving privileges are withdrawn or
8    otherwise invalidated.
9        (4) The Secretary of State may not issue a school bus
10    driver permit for a period of 3 years to an applicant who
11    fails to obtain a negative result on a drug test as
12    required in item 6 of subsection (a) of this Section or
13    under federal law.
14        (5) The Secretary of State shall forthwith suspend a
15    school bus driver permit for a period of 3 years upon
16    receiving notice that the holder has failed to obtain a
17    negative result on a drug test as required in item 6 of
18    subsection (a) of this Section or under federal law.
19        (6) The Secretary of State shall suspend a school bus
20    driver permit for a period of 3 years upon receiving notice
21    from the employer that the holder failed to perform the
22    inspection procedure set forth in subsection (a) or (b) of
23    Section 12-816 of this Code.
24        (7) The Secretary of State shall suspend a school bus
25    driver permit for a period of 3 years upon receiving notice
26    from the employer that the holder refused to submit to an

 

 

09700HB2582sam002- 248 -LRB097 07362 MRW 69385 a

1    alcohol or drug test as required by Section 6-106.1c or has
2    submitted to a test required by that Section which
3    disclosed an alcohol concentration of more than 0.00 or
4    disclosed a positive result on a National Institute on Drug
5    Abuse five-drug panel, utilizing federal standards set
6    forth in 49 CFR 40.87.
7    The Secretary of State shall notify the State
8Superintendent of Education and the permit holder's
9prospective or current employer that the applicant has (1) has
10failed a criminal background investigation or (2) is no longer
11eligible for a school bus driver permit; and of the related
12cancellation of the applicant's provisional school bus driver
13permit. The cancellation shall remain in effect pending the
14outcome of a hearing pursuant to Section 2-118 of this Code.
15The scope of the hearing shall be limited to the issuance
16criteria contained in subsection (a) of this Section. A
17petition requesting a hearing shall be submitted to the
18Secretary of State and shall contain the reason the individual
19feels he or she is entitled to a school bus driver permit. The
20permit holder's employer shall notify in writing to the
21Secretary of State that the employer has certified the removal
22of the offending school bus driver from service prior to the
23start of that school bus driver's next workshift. An employing
24school board that fails to remove the offending school bus
25driver from service is subject to the penalties defined in
26Section 3-14.23 of the School Code. A school bus contractor who

 

 

09700HB2582sam002- 249 -LRB097 07362 MRW 69385 a

1violates a provision of this Section is subject to the
2penalties defined in Section 6-106.11.
3    All valid school bus driver permits issued under this
4Section prior to January 1, 1995, shall remain effective until
5their expiration date unless otherwise invalidated.
6    (h) When a school bus driver permit holder who is a service
7member is called to active duty, the employer of the permit
8holder shall notify the Secretary of State, within 30 days of
9notification from the permit holder, that the permit holder has
10been called to active duty. Upon notification pursuant to this
11subsection, (i) the Secretary of State shall characterize the
12permit as inactive until a permit holder renews the permit as
13provided in subsection (i) of this Section, and (ii) if a
14permit holder fails to comply with the requirements of this
15Section while called to active duty, the Secretary of State
16shall not characterize the permit as invalid.
17    (i) A school bus driver permit holder who is a service
18member returning from active duty must, within 90 days, renew a
19permit characterized as inactive pursuant to subsection (h) of
20this Section by complying with the renewal requirements of
21subsection (b) of this Section.
22    (j) For purposes of subsections (h) and (i) of this
23Section:
24    "Active duty" means active duty pursuant to an executive
25order of the President of the United States, an act of the
26Congress of the United States, or an order of the Governor.

 

 

09700HB2582sam002- 250 -LRB097 07362 MRW 69385 a

1    "Service member" means a member of the Armed Services or
2reserve forces of the United States or a member of the Illinois
3National Guard.
4(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
596-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.
67-22-10; 96-1551, Article 1, Section 950, eff. 7-1-11; 96-1551,
7Article 2, Section 1025, eff. 7-1-11; 97-224, eff. 7-28-11;
897-229, eff. 7-28-11; 97-333, eff. 8-12-11; 97-466, eff.
91-1-12; revised 9-15-11.)
 
10    (625 ILCS 5/6-508)  (from Ch. 95 1/2, par. 6-508)
11    Sec. 6-508. Commercial Driver's License (CDL) -
12qualification standards.
13    (a) Testing.
14        (1) General. No person shall be issued an original or
15    renewal CDL unless that person is domiciled in this State.
16    The Secretary shall cause to be administered such tests as
17    the Secretary deems necessary to meet the requirements of
18    49 C.F.R. Part 383, subparts F, G, H, and J.
19        (2) Third party testing. The Secretary of state may
20    authorize a "third party tester", pursuant to 49 C.F.R.
21    Part 383.75, to administer the skills test or tests
22    specified by Federal Motor Carrier Safety Administration
23    pursuant to the Commercial Motor Vehicle Safety Act of 1986
24    and any appropriate federal rule.
25    (b) Waiver of Skills Test. The Secretary of State may waive

 

 

09700HB2582sam002- 251 -LRB097 07362 MRW 69385 a

1the skills test specified in this Section for a driver
2applicant for a commercial driver license who meets the
3requirements of 49 C.F.R. Part 383.77 and Part 383.123.
4    (b-1) No person shall be issued a commercial driver
5instruction permit or CDL unless the person certifies to the
6Secretary one of the following types of driving operations in
7which he or she will be engaged:
8        (1) non-excepted interstate;
9        (2) non-excepted intrastate;
10        (3) excepted interstate; or
11        (4) excepted intrastate.
12    (b-2) Persons who hold a commercial driver instruction
13permit or CDL on January 30, 2012 must certify to the Secretary
14no later than January 30, 2014 one of the following applicable
15self-certifications:
16        (1) non-excepted interstate;
17        (2) non-excepted intrastate;
18        (3) excepted interstate; or
19        (4) excepted intrastate.
20    (c) Limitations on issuance of a CDL. A CDL, or a
21commercial driver instruction permit, shall not be issued to a
22person while the person is subject to a disqualification from
23driving a commercial motor vehicle, or unless otherwise
24permitted by this Code, while the person's driver's license is
25suspended, revoked or cancelled in any state, or any territory
26or province of Canada; nor may a CDL be issued to a person who

 

 

09700HB2582sam002- 252 -LRB097 07362 MRW 69385 a

1has a CDL issued by any other state, or foreign jurisdiction,
2unless the person first surrenders all such licenses. No CDL
3shall be issued to or renewed for a person who does not meet
4the requirement of 49 CFR 391.41(b)(11). The requirement may be
5met with the aid of a hearing aid.
6    (c-1) The Secretary may issue a CDL with a school bus
7driver endorsement to allow a person to drive the type of bus
8described in subsection (d-5) of Section 6-104 of this Code.
9The CDL with a school bus driver endorsement may be issued only
10to a person meeting the following requirements:
11        (1) the person has submitted his or her fingerprints to
12    the Department of State Police in the form and manner
13    prescribed by the Department of State Police. These
14    fingerprints shall be checked against the fingerprint
15    records now and hereafter filed in the Department of State
16    Police and Federal Bureau of Investigation criminal
17    history records databases;
18        (2) the person has passed a written test, administered
19    by the Secretary of State, on charter bus operation,
20    charter bus safety, and certain special traffic laws
21    relating to school buses determined by the Secretary of
22    State to be relevant to charter buses, and submitted to a
23    review of the driver applicant's driving habits by the
24    Secretary of State at the time the written test is given;
25        (3) the person has demonstrated physical fitness to
26    operate school buses by submitting the results of a medical

 

 

09700HB2582sam002- 253 -LRB097 07362 MRW 69385 a

1    examination, including tests for drug use; and
2        (4) the person has not been convicted of committing or
3    attempting to commit any one or more of the following
4    offenses: (i) those offenses defined in Sections 8-1.2,
5    9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
6    10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
7    11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
8    11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
9    11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
10    11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
11    11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
12    11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
13    12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
14    12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
15    12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2,
16    12-21.5, 12-21.6, 12-33, 16-16, 16-16.1, 18-1, 18-2, 18-3,
17    18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1,
18    24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3,
19    24-3.5, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection
20    (b) of Section 8-1, and in subdivisions (a)(1), (a)(2),
21    (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of
22    Section 12-3.05, and in subsection (a) and subsection (b),
23    clause (1), of Section 12-4, and in subsection (A), clauses
24    (a) and (b), of Section 24-3, and those offenses contained
25    in Article 29D of the Criminal Code of 1961; (ii) those
26    offenses defined in the Cannabis Control Act except those

 

 

09700HB2582sam002- 254 -LRB097 07362 MRW 69385 a

1    offenses defined in subsections (a) and (b) of Section 4,
2    and subsection (a) of Section 5 of the Cannabis Control
3    Act; (iii) those offenses defined in the Illinois
4    Controlled Substances Act; (iv) those offenses defined in
5    the Methamphetamine Control and Community Protection Act;
6    (v) any offense committed or attempted in any other state
7    or against the laws of the United States, which if
8    committed or attempted in this State would be punishable as
9    one or more of the foregoing offenses; (vi) the offenses
10    defined in Sections 4.1 and 5.1 of the Wrongs to Children
11    Act or Section 11-9.1A of the Criminal Code of 1961; (vii)
12    those offenses defined in Section 6-16 of the Liquor
13    Control Act of 1934; and (viii) those offenses defined in
14    the Methamphetamine Precursor Control Act.
15    The Department of State Police shall charge a fee for
16conducting the criminal history records check, which shall be
17deposited into the State Police Services Fund and may not
18exceed the actual cost of the records check.
19    (c-2) The Secretary shall issue a CDL with a school bus
20endorsement to allow a person to drive a school bus as defined
21in this Section. The CDL shall be issued according to the
22requirements outlined in 49 C.F.R. 383. A person may not
23operate a school bus as defined in this Section without a
24school bus endorsement. The Secretary of State may adopt rules
25consistent with Federal guidelines to implement this
26subsection (c-2).

 

 

09700HB2582sam002- 255 -LRB097 07362 MRW 69385 a

1    (d) Commercial driver instruction permit. A commercial
2driver instruction permit may be issued to any person holding a
3valid Illinois driver's license if such person successfully
4passes such tests as the Secretary determines to be necessary.
5A commercial driver instruction permit shall not be issued to a
6person who does not meet the requirements of 49 CFR 391.41
7(b)(11), except for the renewal of a commercial driver
8instruction permit for a person who possesses a commercial
9instruction permit prior to the effective date of this
10amendatory Act of 1999.
11(Source: P.A. 95-331, eff. 8-21-07; 95-382, eff. 8-23-07;
1296-1182, eff. 7-22-10; 96-1551, Article 1, Section 95, eff.
137-1-11; 96-1551, Article 2, Section 1025, eff. 7-1-11; 97-208,
14eff. 1-1-12; revised 9-26-11.)
 
15    Section 15-20. The Clerks of Courts Act is amended by
16changing Sections 27.3a, 27.5 and 27.6 as follows:
 
17    (705 ILCS 105/27.3a)
18    (Text of Section before amendment by P.A. 97-46)
19    Sec. 27.3a. Fees for automated record keeping and State
20Police operations.
21    1. The expense of establishing and maintaining automated
22record keeping systems in the offices of the clerks of the
23circuit court shall be borne by the county. To defray such
24expense in any county having established such an automated

 

 

09700HB2582sam002- 256 -LRB097 07362 MRW 69385 a

1system or which elects to establish such a system, the county
2board may require the clerk of the circuit court in their
3county to charge and collect a court automation fee of not less
4than $1 nor more than $15 to be charged and collected by the
5clerk of the court. Such fee shall be paid at the time of
6filing the first pleading, paper or other appearance filed by
7each party in all civil cases or by the defendant in any
8felony, traffic, misdemeanor, municipal ordinance, or
9conservation case upon a judgment of guilty or grant of
10supervision, provided that the record keeping system which
11processes the case category for which the fee is charged is
12automated or has been approved for automation by the county
13board, and provided further that no additional fee shall be
14required if more than one party is presented in a single
15pleading, paper or other appearance. Such fee shall be
16collected in the manner in which all other fees or costs are
17collected.
18    1.5. Starting on the effective date of this amendatory Act
19of the 96th General Assembly, a clerk of the circuit court in
20any county that imposes a fee pursuant to subsection 1 of this
21Section, shall charge and collect an additional fee in an
22amount equal to the amount of the fee imposed pursuant to
23subsection 1 of this Section. This additional fee shall be paid
24by the defendant in any felony, traffic, misdemeanor, local
25ordinance, or conservation case upon a judgment of guilty or
26grant of supervision.

 

 

09700HB2582sam002- 257 -LRB097 07362 MRW 69385 a

1    2. With respect to the fee imposed under subsection 1 of
2this Section, each clerk shall commence such charges and
3collections upon receipt of written notice from the chairman of
4the county board together with a certified copy of the board's
5resolution, which the clerk shall file of record in his office.
6    3. With respect to the fee imposed under subsection 1 of
7this Section, such fees shall be in addition to all other fees
8and charges of such clerks, and assessable as costs, and may be
9waived only if the judge specifically provides for the waiver
10of the court automation fee. The fees shall be remitted monthly
11by such clerk to the county treasurer, to be retained by him in
12a special fund designated as the court automation fund. The
13fund shall be audited by the county auditor, and the board
14shall make expenditure from the fund in payment of any cost
15related to the automation of court records, including hardware,
16software, research and development costs and personnel related
17thereto, provided that the expenditure is approved by the clerk
18of the court and by the chief judge of the circuit court or his
19designate.
20    4. With respect to the fee imposed under subsection 1 of
21this Section, such fees shall not be charged in any matter
22coming to any such clerk on change of venue, nor in any
23proceeding to review the decision of any administrative
24officer, agency or body.
25    5. With respect to the additional fee imposed under
26subsection 1.5 of this Section, the fee shall be remitted by

 

 

09700HB2582sam002- 258 -LRB097 07362 MRW 69385 a

1the circuit clerk to the State Treasurer within one month after
2receipt for deposit into the State Police Operations Assistance
3Fund.
4    6. With respect to the additional fees imposed under
5subsection 1.5 of this Section, the Director of State Police
6may direct the use of these fees for homeland security purposes
7by transferring these fees on a quarterly basis from the State
8Police Operations Assistance Fund into the Illinois Law
9Enforcement Alarm Systems (ILEAS) Fund for homeland security
10initiatives programs. The transferred fees shall be allocated,
11subject to the approval of the ILEAS Executive Board, as
12follows: (i) 66.6% shall be used for homeland security
13initiatives and (ii) 33.3% shall be used for airborne
14operations. The ILEAS Executive Board shall annually supply the
15Director of State Police with a report of the use of these
16fees.
17(Source: P.A. 96-1029, eff. 7-13-10; 97-453, eff. 8-19-11.)
 
18    (Text of Section after amendment by P.A. 97-46)
19    Sec. 27.3a. Fees for automated record keeping and State and
20Conservation Police operations.
21    1. The expense of establishing and maintaining automated
22record keeping systems in the offices of the clerks of the
23circuit court shall be borne by the county. To defray such
24expense in any county having established such an automated
25system or which elects to establish such a system, the county

 

 

09700HB2582sam002- 259 -LRB097 07362 MRW 69385 a

1board may require the clerk of the circuit court in their
2county to charge and collect a court automation fee of not less
3than $1 nor more than $15 to be charged and collected by the
4clerk of the court. Such fee shall be paid at the time of
5filing the first pleading, paper or other appearance filed by
6each party in all civil cases or by the defendant in any
7felony, traffic, misdemeanor, municipal ordinance, or
8conservation case upon a judgment of guilty or grant of
9supervision, provided that the record keeping system which
10processes the case category for which the fee is charged is
11automated or has been approved for automation by the county
12board, and provided further that no additional fee shall be
13required if more than one party is presented in a single
14pleading, paper or other appearance. Such fee shall be
15collected in the manner in which all other fees or costs are
16collected.
17    1.5. Starting on the effective date of this amendatory Act
18of the 96th General Assembly, a clerk of the circuit court in
19any county that imposes a fee pursuant to subsection 1 of this
20Section, shall charge and collect an additional fee in an
21amount equal to the amount of the fee imposed pursuant to
22subsection 1 of this Section. This additional fee shall be paid
23by the defendant in any felony, traffic, misdemeanor, or local
24ordinance case upon a judgment of guilty or grant of
25supervision. This fee shall not be paid by the defendant for
26any conservation violation listed in subsection 1.6 of this

 

 

09700HB2582sam002- 260 -LRB097 07362 MRW 69385 a

1Section.
2    1.6. Starting on July 1, 2012 (the effective date of Public
3Act 97-46) this amendatory Act of the 97th General Assembly, a
4clerk of the circuit court in any county that imposes a fee
5pursuant to subsection 1 of this Section shall charge and
6collect an additional fee in an amount equal to the amount of
7the fee imposed pursuant to subsection 1 of this Section. This
8additional fee shall be paid by the defendant upon a judgment
9of guilty or grant of supervision for a conservation violation
10under the State Parks Act, the Recreational Trails of Illinois
11Act, the Illinois Explosives Act, the Timber Buyers Licensing
12Act, the Forest Products Transportation Act, the Firearm Owners
13Identification Card Act, the Environmental Protection Act, the
14Fish and Aquatic Life Code, the Wildlife Code, the Cave
15Protection Act, the Illinois Exotic Weed Act, the Illinois
16Forestry Development Act, the Ginseng Harvesting Act, the
17Illinois Lake Management Program Act, the Illinois Natural
18Areas Preservation Act, the Illinois Open Land Trust Act, the
19Open Space Lands Acquisition and Development Act, the Illinois
20Prescribed Burning Act, the State Forest Act, the Water Use Act
21of 1983, the Illinois Youth and Young Adult Employment Act of
221986, the Snowmobile Registration and Safety Act, the Boat
23Registration and Safety Act, the Illinois Dangerous Animals
24Act, the Hunter and Fishermen Interference Prohibition Act, the
25Wrongful Tree Cutting Act, or Section 11-1426.1, 11-1426.2,
2611-1427, 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or

 

 

09700HB2582sam002- 261 -LRB097 07362 MRW 69385 a

111-1427.5 of the Illinois Vehicle Code, or Section 48-3 or
248-10 of the Criminal Code of 1961.
3    2. With respect to the fee imposed under subsection 1 of
4this Section, each clerk shall commence such charges and
5collections upon receipt of written notice from the chairman of
6the county board together with a certified copy of the board's
7resolution, which the clerk shall file of record in his office.
8    3. With respect to the fee imposed under subsection 1 of
9this Section, such fees shall be in addition to all other fees
10and charges of such clerks, and assessable as costs, and may be
11waived only if the judge specifically provides for the waiver
12of the court automation fee. The fees shall be remitted monthly
13by such clerk to the county treasurer, to be retained by him in
14a special fund designated as the court automation fund. The
15fund shall be audited by the county auditor, and the board
16shall make expenditure from the fund in payment of any cost
17related to the automation of court records, including hardware,
18software, research and development costs and personnel related
19thereto, provided that the expenditure is approved by the clerk
20of the court and by the chief judge of the circuit court or his
21designate.
22    4. With respect to the fee imposed under subsection 1 of
23this Section, such fees shall not be charged in any matter
24coming to any such clerk on change of venue, nor in any
25proceeding to review the decision of any administrative
26officer, agency or body.

 

 

09700HB2582sam002- 262 -LRB097 07362 MRW 69385 a

1    5. With respect to the additional fee imposed under
2subsection 1.5 of this Section, the fee shall be remitted by
3the circuit clerk to the State Treasurer within one month after
4receipt for deposit into the State Police Operations Assistance
5Fund.
6    6. With respect to the additional fees imposed under
7subsection 1.5 of this Section, the Director of State Police
8may direct the use of these fees for homeland security purposes
9by transferring these fees on a quarterly basis from the State
10Police Operations Assistance Fund into the Illinois Law
11Enforcement Alarm Systems (ILEAS) Fund for homeland security
12initiatives programs. The transferred fees shall be allocated,
13subject to the approval of the ILEAS Executive Board, as
14follows: (i) 66.6% shall be used for homeland security
15initiatives and (ii) 33.3% shall be used for airborne
16operations. The ILEAS Executive Board shall annually supply the
17Director of State Police with a report of the use of these
18fees.
19    7. 6. With respect to the additional fee imposed under
20subsection 1.6 of this Section, the fee shall be remitted by
21the circuit clerk to the State Treasurer within one month after
22receipt for deposit into the Conservation Police Operations
23Assistance Fund.
24(Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12;
2597-453, eff. 8-19-11; revised 10-4-11.)
 

 

 

09700HB2582sam002- 263 -LRB097 07362 MRW 69385 a

1    (705 ILCS 105/27.5)  (from Ch. 25, par. 27.5)
2    Sec. 27.5. (a) All fees, fines, costs, additional
3penalties, bail balances assessed or forfeited, and any other
4amount paid by a person to the circuit clerk that equals an
5amount less than $55, except restitution under Section 5-5-6 of
6the Unified Code of Corrections, reimbursement for the costs of
7an emergency response as provided under Section 11-501 of the
8Illinois Vehicle Code, any fees collected for attending a
9traffic safety program under paragraph (c) of Supreme Court
10Rule 529, any fee collected on behalf of a State's Attorney
11under Section 4-2002 of the Counties Code or a sheriff under
12Section 4-5001 of the Counties Code, or any cost imposed under
13Section 124A-5 of the Code of Criminal Procedure of 1963, for
14convictions, orders of supervision, or any other disposition
15for a violation of Chapters 3, 4, 6, 11, and 12 of the Illinois
16Vehicle Code, or a similar provision of a local ordinance, and
17any violation of the Child Passenger Protection Act, or a
18similar provision of a local ordinance, and except as otherwise
19provided in this Section, shall be disbursed within 60 days
20after receipt by the circuit clerk as follows: 47% shall be
21disbursed to the entity authorized by law to receive the fine
22imposed in the case; 12% shall be disbursed to the State
23Treasurer; and 41% shall be disbursed to the county's general
24corporate fund. Of the 12% disbursed to the State Treasurer,
251/6 shall be deposited by the State Treasurer into the Violent
26Crime Victims Assistance Fund, 1/2 shall be deposited into the

 

 

09700HB2582sam002- 264 -LRB097 07362 MRW 69385 a

1Traffic and Criminal Conviction Surcharge Fund, and 1/3 shall
2be deposited into the Drivers Education Fund. For fiscal years
31992 and 1993, amounts deposited into the Violent Crime Victims
4Assistance Fund, the Traffic and Criminal Conviction Surcharge
5Fund, or the Drivers Education Fund shall not exceed 110% of
6the amounts deposited into those funds in fiscal year 1991. Any
7amount that exceeds the 110% limit shall be distributed as
8follows: 50% shall be disbursed to the county's general
9corporate fund and 50% shall be disbursed to the entity
10authorized by law to receive the fine imposed in the case. Not
11later than March 1 of each year the circuit clerk shall submit
12a report of the amount of funds remitted to the State Treasurer
13under this Section during the preceding year based upon
14independent verification of fines and fees. All counties shall
15be subject to this Section, except that counties with a
16population under 2,000,000 may, by ordinance, elect not to be
17subject to this Section. For offenses subject to this Section,
18judges shall impose one total sum of money payable for
19violations. The circuit clerk may add on no additional amounts
20except for amounts that are required by Sections 27.3a and
2127.3c of this Act, Section 16-104c of the Illinois Vehicle
22Code, and subsection (a) of Section 5-1101 of the Counties
23Code, unless those amounts are specifically waived by the
24judge. With respect to money collected by the circuit clerk as
25a result of forfeiture of bail, ex parte judgment or guilty
26plea pursuant to Supreme Court Rule 529, the circuit clerk

 

 

09700HB2582sam002- 265 -LRB097 07362 MRW 69385 a

1shall first deduct and pay amounts required by Sections 27.3a
2and 27.3c of this Act. Unless a court ordered payment schedule
3is implemented or fee requirements are waived pursuant to a
4court order, the circuit clerk may add to any unpaid fees and
5costs a delinquency amount equal to 5% of the unpaid fees that
6remain unpaid after 30 days, 10% of the unpaid fees that remain
7unpaid after 60 days, and 15% of the unpaid fees that remain
8unpaid after 90 days. Notice to those parties may be made by
9signage posting or publication. The additional delinquency
10amounts collected under this Section shall be deposited in the
11Circuit Court Clerk Operation and Administrative Fund to be
12used to defray administrative costs incurred by the circuit
13clerk in performing the duties required to collect and disburse
14funds. This Section is a denial and limitation of home rule
15powers and functions under subsection (h) of Section 6 of
16Article VII of the Illinois Constitution.
17    (b) The following amounts must be remitted to the State
18Treasurer for deposit into the Illinois Animal Abuse Fund:
19        (1) 50% of the amounts collected for felony offenses
20    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
21    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
22    Animals Act and Section 26-5 or 48-1 of the Criminal Code
23    of 1961;
24        (2) 20% of the amounts collected for Class A and Class
25    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
26    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care

 

 

09700HB2582sam002- 266 -LRB097 07362 MRW 69385 a

1    for Animals Act and Section 26-5 or 48-1 of the Criminal
2    Code of 1961; and
3        (3) 50% of the amounts collected for Class C
4    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
5    for Animals Act and Section 26-5 or 48-1 of the Criminal
6    Code of 1961.
7    (c) Any person who receives a disposition of court
8supervision for a violation of the Illinois Vehicle Code or a
9similar provision of a local ordinance shall, in addition to
10any other fines, fees, and court costs, pay an additional fee
11of $29, to be disbursed as provided in Section 16-104c of the
12Illinois Vehicle Code. In addition to the fee of $29, the
13person shall also pay a fee of $6, if not waived by the court.
14If this $6 fee is collected, $5.50 of the fee shall be
15deposited into the Circuit Court Clerk Operation and
16Administrative Fund created by the Clerk of the Circuit Court
17and 50 cents of the fee shall be deposited into the Prisoner
18Review Board Vehicle and Equipment Fund in the State treasury.
19    (d) Any person convicted of, pleading guilty to, or placed
20on supervision for a serious traffic violation, as defined in
21Section 1-187.001 of the Illinois Vehicle Code, a violation of
22Section 11-501 of the Illinois Vehicle Code, or a violation of
23a similar provision of a local ordinance shall pay an
24additional fee of $35, to be disbursed as provided in Section
2516-104d of that Code.
26    This subsection (d) becomes inoperative 7 years after the

 

 

09700HB2582sam002- 267 -LRB097 07362 MRW 69385 a

1effective date of Public Act 95-154.
2    (e) In all counties having a population of 3,000,000 or
3more inhabitants:
4        (1) A person who is found guilty of or pleads guilty to
5    violating subsection (a) of Section 11-501 of the Illinois
6    Vehicle Code, including any person placed on court
7    supervision for violating subsection (a), shall be fined
8    $750 as provided for by subsection (f) of Section 11-501.01
9    of the Illinois Vehicle Code, payable to the circuit clerk,
10    who shall distribute the money pursuant to subsection (f)
11    of Section 11-501.01 of the Illinois Vehicle Code.
12        (2) When a crime laboratory DUI analysis fee of $150,
13    provided for by Section 5-9-1.9 of the Unified Code of
14    Corrections is assessed, it shall be disbursed by the
15    circuit clerk as provided by subsection (f) of Section
16    5-9-1.9 of the Unified Code of Corrections.
17        (3) When a fine for a violation of subsection (a) of
18    Section 11-605 of the Illinois Vehicle Code is $150 or
19    greater, the additional $50 which is charged as provided
20    for by subsection (f) of Section 11-605 of the Illinois
21    Vehicle Code shall be disbursed by the circuit clerk to a
22    school district or districts for school safety purposes as
23    provided by subsection (f) of Section 11-605.
24        (4) When a fine for a violation of subsection (a) of
25    Section 11-1002.5 of the Illinois Vehicle Code is $150 or
26    greater, the additional $50 which is charged as provided

 

 

09700HB2582sam002- 268 -LRB097 07362 MRW 69385 a

1    for by subsection (c) of Section 11-1002.5 of the Illinois
2    Vehicle Code shall be disbursed by the circuit clerk to a
3    school district or districts for school safety purposes as
4    provided by subsection (c) of Section 11-1002.5 of the
5    Illinois Vehicle Code.
6        (5) When a mandatory drug court fee of up to $5 is
7    assessed as provided in subsection (f) of Section 5-1101 of
8    the Counties Code, it shall be disbursed by the circuit
9    clerk as provided in subsection (f) of Section 5-1101 of
10    the Counties Code.
11        (6) When a mandatory teen court, peer jury, youth
12    court, or other youth diversion program fee is assessed as
13    provided in subsection (e) of Section 5-1101 of the
14    Counties Code, it shall be disbursed by the circuit clerk
15    as provided in subsection (e) of Section 5-1101 of the
16    Counties Code.
17        (7) When a Children's Advocacy Center fee is assessed
18    pursuant to subsection (f-5) of Section 5-1101 of the
19    Counties Code, it shall be disbursed by the circuit clerk
20    as provided in subsection (f-5) of Section 5-1101 of the
21    Counties Code.
22        (8) When a victim impact panel fee is assessed pursuant
23    to subsection (b) of Section 11-501.01 of the Illinois
24    Vehicle Code, it shall be disbursed by the circuit clerk to
25    the victim impact panel to be attended by the defendant.
26        (9) When a new fee collected in traffic cases is

 

 

09700HB2582sam002- 269 -LRB097 07362 MRW 69385 a

1    enacted after January 1, 2010 (the effective date of Public
2    Act 96-735), it shall be excluded from the percentage
3    disbursement provisions of this Section unless otherwise
4    indicated by law.
5    (f) Any person who receives a disposition of court
6supervision for a violation of Section 11-501 of the Illinois
7Vehicle Code shall, in addition to any other fines, fees, and
8court costs, pay an additional fee of $50, which shall be
9collected by the circuit clerk and then remitted to the State
10Treasurer for deposit into the Roadside Memorial Fund, a
11special fund in the State treasury. However, the court may
12waive the fee if full restitution is complied with. Subject to
13appropriation, all moneys in the Roadside Memorial Fund shall
14be used by the Department of Transportation to pay fees imposed
15under subsection (f) of Section 20 of the Roadside Memorial
16Act. The fee shall be remitted by the circuit clerk within one
17month after receipt to the State Treasurer for deposit into the
18Roadside Memorial Fund.
19    (g) For any conviction or disposition of court supervision
20for a violation of Section 11-1429 of the Illinois Vehicle
21Code, the circuit clerk shall distribute the fines paid by the
22person as specified by subsection (h) of Section 11-1429 of the
23Illinois Vehicle Code.
24(Source: P.A. 96-286, eff. 8-11-09; 96-576, eff. 8-18-09;
2596-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10;
2696-1000, eff. 7-2-10; 96-1175, eff. 9-20-10; 96-1342, eff.

 

 

09700HB2582sam002- 270 -LRB097 07362 MRW 69385 a

11-1-11; 97-333, eff. 8-12-11.)
 
2    (705 ILCS 105/27.6)
3    (Section as amended by P.A. 96-286, 96-576, 96-578, 96-625,
496-667, 96-1175, 96-1342, and 97-434)
5    Sec. 27.6. (a) All fees, fines, costs, additional
6penalties, bail balances assessed or forfeited, and any other
7amount paid by a person to the circuit clerk equalling an
8amount of $55 or more, except the fine imposed by Section
95-9-1.15 of the Unified Code of Corrections, the additional fee
10required by subsections (b) and (c), restitution under Section
115-5-6 of the Unified Code of Corrections, contributions to a
12local anti-crime program ordered pursuant to Section
135-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
14Corrections, reimbursement for the costs of an emergency
15response as provided under Section 11-501 of the Illinois
16Vehicle Code, any fees collected for attending a traffic safety
17program under paragraph (c) of Supreme Court Rule 529, any fee
18collected on behalf of a State's Attorney under Section 4-2002
19of the Counties Code or a sheriff under Section 4-5001 of the
20Counties Code, or any cost imposed under Section 124A-5 of the
21Code of Criminal Procedure of 1963, for convictions, orders of
22supervision, or any other disposition for a violation of
23Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
24similar provision of a local ordinance, and any violation of
25the Child Passenger Protection Act, or a similar provision of a

 

 

09700HB2582sam002- 271 -LRB097 07362 MRW 69385 a

1local ordinance, and except as otherwise provided in this
2Section shall be disbursed within 60 days after receipt by the
3circuit clerk as follows: 44.5% shall be disbursed to the
4entity authorized by law to receive the fine imposed in the
5case; 16.825% shall be disbursed to the State Treasurer; and
638.675% shall be disbursed to the county's general corporate
7fund. Of the 16.825% disbursed to the State Treasurer, 2/17
8shall be deposited by the State Treasurer into the Violent
9Crime Victims Assistance Fund, 5.052/17 shall be deposited into
10the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
11be deposited into the Drivers Education Fund, and 6.948/17
12shall be deposited into the Trauma Center Fund. Of the 6.948/17
13deposited into the Trauma Center Fund from the 16.825%
14disbursed to the State Treasurer, 50% shall be disbursed to the
15Department of Public Health and 50% shall be disbursed to the
16Department of Healthcare and Family Services. For fiscal year
171993, amounts deposited into the Violent Crime Victims
18Assistance Fund, the Traffic and Criminal Conviction Surcharge
19Fund, or the Drivers Education Fund shall not exceed 110% of
20the amounts deposited into those funds in fiscal year 1991. Any
21amount that exceeds the 110% limit shall be distributed as
22follows: 50% shall be disbursed to the county's general
23corporate fund and 50% shall be disbursed to the entity
24authorized by law to receive the fine imposed in the case. Not
25later than March 1 of each year the circuit clerk shall submit
26a report of the amount of funds remitted to the State Treasurer

 

 

09700HB2582sam002- 272 -LRB097 07362 MRW 69385 a

1under this Section during the preceding year based upon
2independent verification of fines and fees. All counties shall
3be subject to this Section, except that counties with a
4population under 2,000,000 may, by ordinance, elect not to be
5subject to this Section. For offenses subject to this Section,
6judges shall impose one total sum of money payable for
7violations. The circuit clerk may add on no additional amounts
8except for amounts that are required by Sections 27.3a and
927.3c of this Act, unless those amounts are specifically waived
10by the judge. With respect to money collected by the circuit
11clerk as a result of forfeiture of bail, ex parte judgment or
12guilty plea pursuant to Supreme Court Rule 529, the circuit
13clerk shall first deduct and pay amounts required by Sections
1427.3a and 27.3c of this Act. This Section is a denial and
15limitation of home rule powers and functions under subsection
16(h) of Section 6 of Article VII of the Illinois Constitution.
17    (b) In addition to any other fines and court costs assessed
18by the courts, any person convicted or receiving an order of
19supervision for driving under the influence of alcohol or drugs
20shall pay an additional fee of $100 to the clerk of the circuit
21court. This amount, less 2 1/2% that shall be used to defray
22administrative costs incurred by the clerk, shall be remitted
23by the clerk to the Treasurer within 60 days after receipt for
24deposit into the Trauma Center Fund. This additional fee of
25$100 shall not be considered a part of the fine for purposes of
26any reduction in the fine for time served either before or

 

 

09700HB2582sam002- 273 -LRB097 07362 MRW 69385 a

1after sentencing. Not later than March 1 of each year the
2Circuit Clerk shall submit a report of the amount of funds
3remitted to the State Treasurer under this subsection during
4the preceding calendar year.
5    (b-1) In addition to any other fines and court costs
6assessed by the courts, any person convicted or receiving an
7order of supervision for driving under the influence of alcohol
8or drugs shall pay an additional fee of $5 to the clerk of the
9circuit court. This amount, less 2 1/2% that shall be used to
10defray administrative costs incurred by the clerk, shall be
11remitted by the clerk to the Treasurer within 60 days after
12receipt for deposit into the Spinal Cord Injury Paralysis Cure
13Research Trust Fund. This additional fee of $5 shall not be
14considered a part of the fine for purposes of any reduction in
15the fine for time served either before or after sentencing. Not
16later than March 1 of each year the Circuit Clerk shall submit
17a report of the amount of funds remitted to the State Treasurer
18under this subsection during the preceding calendar year.
19    (c) In addition to any other fines and court costs assessed
20by the courts, any person convicted for a violation of Sections
2124-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or a
22person sentenced for a violation of the Cannabis Control Act,
23the Illinois Controlled Substances Act, or the Methamphetamine
24Control and Community Protection Act shall pay an additional
25fee of $100 to the clerk of the circuit court. This amount,
26less 2 1/2% that shall be used to defray administrative costs

 

 

09700HB2582sam002- 274 -LRB097 07362 MRW 69385 a

1incurred by the clerk, shall be remitted by the clerk to the
2Treasurer within 60 days after receipt for deposit into the
3Trauma Center Fund. This additional fee of $100 shall not be
4considered a part of the fine for purposes of any reduction in
5the fine for time served either before or after sentencing. Not
6later than March 1 of each year the Circuit Clerk shall submit
7a report of the amount of funds remitted to the State Treasurer
8under this subsection during the preceding calendar year.
9    (c-1) In addition to any other fines and court costs
10assessed by the courts, any person sentenced for a violation of
11the Cannabis Control Act, the Illinois Controlled Substances
12Act, or the Methamphetamine Control and Community Protection
13Act shall pay an additional fee of $5 to the clerk of the
14circuit court. This amount, less 2 1/2% that shall be used to
15defray administrative costs incurred by the clerk, shall be
16remitted by the clerk to the Treasurer within 60 days after
17receipt for deposit into the Spinal Cord Injury Paralysis Cure
18Research Trust Fund. This additional fee of $5 shall not be
19considered a part of the fine for purposes of any reduction in
20the fine for time served either before or after sentencing. Not
21later than March 1 of each year the Circuit Clerk shall submit
22a report of the amount of funds remitted to the State Treasurer
23under this subsection during the preceding calendar year.
24    (d) The following amounts must be remitted to the State
25Treasurer for deposit into the Illinois Animal Abuse Fund:
26        (1) 50% of the amounts collected for felony offenses

 

 

09700HB2582sam002- 275 -LRB097 07362 MRW 69385 a

1    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
2    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
3    Animals Act and Section 26-5 or 48-1 of the Criminal Code
4    of 1961;
5        (2) 20% of the amounts collected for Class A and Class
6    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
7    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
8    for Animals Act and Section 26-5 or 48-1 of the Criminal
9    Code of 1961; and
10        (3) 50% of the amounts collected for Class C
11    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
12    for Animals Act and Section 26-5 or 48-1 of the Criminal
13    Code of 1961.
14    (e) Any person who receives a disposition of court
15supervision for a violation of the Illinois Vehicle Code or a
16similar provision of a local ordinance shall, in addition to
17any other fines, fees, and court costs, pay an additional fee
18of $29, to be disbursed as provided in Section 16-104c of the
19Illinois Vehicle Code. In addition to the fee of $29, the
20person shall also pay a fee of $6, if not waived by the court.
21If this $6 fee is collected, $5.50 of the fee shall be
22deposited into the Circuit Court Clerk Operation and
23Administrative Fund created by the Clerk of the Circuit Court
24and 50 cents of the fee shall be deposited into the Prisoner
25Review Board Vehicle and Equipment Fund in the State treasury.
26    (f) This Section does not apply to the additional child

 

 

09700HB2582sam002- 276 -LRB097 07362 MRW 69385 a

1pornography fines assessed and collected under Section
25-9-1.14 of the Unified Code of Corrections.
3    (g) (Blank).
4    (h) (Blank).
5    (i) Of the amounts collected as fines under subsection (b)
6of Section 3-712 of the Illinois Vehicle Code, 99% shall be
7deposited into the Illinois Military Family Relief Fund and 1%
8shall be deposited into the Circuit Court Clerk Operation and
9Administrative Fund created by the Clerk of the Circuit Court
10to be used to offset the costs incurred by the Circuit Court
11Clerk in performing the additional duties required to collect
12and disburse funds to entities of State and local government as
13provided by law.
14    (j) Any person convicted of, pleading guilty to, or placed
15on supervision for a serious traffic violation, as defined in
16Section 1-187.001 of the Illinois Vehicle Code, a violation of
17Section 11-501 of the Illinois Vehicle Code, or a violation of
18a similar provision of a local ordinance shall pay an
19additional fee of $35, to be disbursed as provided in Section
2016-104d of that Code.
21    This subsection (j) becomes inoperative 7 years after the
22effective date of Public Act 95-154.
23    (k) For any conviction or disposition of court supervision
24for a violation of Section 11-1429 of the Illinois Vehicle
25Code, the circuit clerk shall distribute the fines paid by the
26person as specified by subsection (h) of Section 11-1429 of the

 

 

09700HB2582sam002- 277 -LRB097 07362 MRW 69385 a

1Illinois Vehicle Code.
2    (l) Any person who receives a disposition of court
3supervision for a violation of Section 11-501 of the Illinois
4Vehicle Code or a similar provision of a local ordinance shall,
5in addition to any other fines, fees, and court costs, pay an
6additional fee of $50, which shall be collected by the circuit
7clerk and then remitted to the State Treasurer for deposit into
8the Roadside Memorial Fund, a special fund in the State
9treasury. However, the court may waive the fee if full
10restitution is complied with. Subject to appropriation, all
11moneys in the Roadside Memorial Fund shall be used by the
12Department of Transportation to pay fees imposed under
13subsection (f) of Section 20 of the Roadside Memorial Act. The
14fee shall be remitted by the circuit clerk within one month
15after receipt to the State Treasurer for deposit into the
16Roadside Memorial Fund.
17    (m) Of the amounts collected as fines under subsection (c)
18of Section 411.4 of the Illinois Controlled Substances Act or
19subsection (c) of Section 90 of the Methamphetamine Control and
20Community Protection Act, 99% shall be deposited to the law
21enforcement agency or fund specified and 1% shall be deposited
22into the Circuit Court Clerk Operation and Administrative Fund
23to be used to offset the costs incurred by the Circuit Court
24Clerk in performing the additional duties required to collect
25and disburse funds to entities of State and local government as
26provided by law.

 

 

09700HB2582sam002- 278 -LRB097 07362 MRW 69385 a

1(Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428,
2eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08;
396-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff.
48-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175,
5eff. 9-20-10; 96-1342, eff. 1-1-11; revised 9-16-10.)
 
6    (Section as amended by P.A. 96-576, 96-578, 96-625, 96-667,
796-735, 96-1175, 96-1342, and 97-434)
8    Sec. 27.6. (a) All fees, fines, costs, additional
9penalties, bail balances assessed or forfeited, and any other
10amount paid by a person to the circuit clerk equalling an
11amount of $55 or more, except the fine imposed by Section
125-9-1.15 of the Unified Code of Corrections, the additional fee
13required by subsections (b) and (c), restitution under Section
145-5-6 of the Unified Code of Corrections, contributions to a
15local anti-crime program ordered pursuant to Section
165-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of
17Corrections, reimbursement for the costs of an emergency
18response as provided under Section 11-501 of the Illinois
19Vehicle Code, any fees collected for attending a traffic safety
20program under paragraph (c) of Supreme Court Rule 529, any fee
21collected on behalf of a State's Attorney under Section 4-2002
22of the Counties Code or a sheriff under Section 4-5001 of the
23Counties Code, or any cost imposed under Section 124A-5 of the
24Code of Criminal Procedure of 1963, for convictions, orders of
25supervision, or any other disposition for a violation of

 

 

09700HB2582sam002- 279 -LRB097 07362 MRW 69385 a

1Chapters 3, 4, 6, 11, and 12 of the Illinois Vehicle Code, or a
2similar provision of a local ordinance, and any violation of
3the Child Passenger Protection Act, or a similar provision of a
4local ordinance, and except as otherwise provided in this
5Section shall be disbursed within 60 days after receipt by the
6circuit clerk as follows: 44.5% shall be disbursed to the
7entity authorized by law to receive the fine imposed in the
8case; 16.825% shall be disbursed to the State Treasurer; and
938.675% shall be disbursed to the county's general corporate
10fund. Of the 16.825% disbursed to the State Treasurer, 2/17
11shall be deposited by the State Treasurer into the Violent
12Crime Victims Assistance Fund, 5.052/17 shall be deposited into
13the Traffic and Criminal Conviction Surcharge Fund, 3/17 shall
14be deposited into the Drivers Education Fund, and 6.948/17
15shall be deposited into the Trauma Center Fund. Of the 6.948/17
16deposited into the Trauma Center Fund from the 16.825%
17disbursed to the State Treasurer, 50% shall be disbursed to the
18Department of Public Health and 50% shall be disbursed to the
19Department of Healthcare and Family Services. For fiscal year
201993, amounts deposited into the Violent Crime Victims
21Assistance Fund, the Traffic and Criminal Conviction Surcharge
22Fund, or the Drivers Education Fund shall not exceed 110% of
23the amounts deposited into those funds in fiscal year 1991. Any
24amount that exceeds the 110% limit shall be distributed as
25follows: 50% shall be disbursed to the county's general
26corporate fund and 50% shall be disbursed to the entity

 

 

09700HB2582sam002- 280 -LRB097 07362 MRW 69385 a

1authorized by law to receive the fine imposed in the case. Not
2later than March 1 of each year the circuit clerk shall submit
3a report of the amount of funds remitted to the State Treasurer
4under this Section during the preceding year based upon
5independent verification of fines and fees. All counties shall
6be subject to this Section, except that counties with a
7population under 2,000,000 may, by ordinance, elect not to be
8subject to this Section. For offenses subject to this Section,
9judges shall impose one total sum of money payable for
10violations. The circuit clerk may add on no additional amounts
11except for amounts that are required by Sections 27.3a and
1227.3c of this Act, Section 16-104c of the Illinois Vehicle
13Code, and subsection (a) of Section 5-1101 of the Counties
14Code, unless those amounts are specifically waived by the
15judge. With respect to money collected by the circuit clerk as
16a result of forfeiture of bail, ex parte judgment or guilty
17plea pursuant to Supreme Court Rule 529, the circuit clerk
18shall first deduct and pay amounts required by Sections 27.3a
19and 27.3c of this Act. Unless a court ordered payment schedule
20is implemented or fee requirements are waived pursuant to court
21order, the clerk of the court may add to any unpaid fees and
22costs a delinquency amount equal to 5% of the unpaid fees that
23remain unpaid after 30 days, 10% of the unpaid fees that remain
24unpaid after 60 days, and 15% of the unpaid fees that remain
25unpaid after 90 days. Notice to those parties may be made by
26signage posting or publication. The additional delinquency

 

 

09700HB2582sam002- 281 -LRB097 07362 MRW 69385 a

1amounts collected under this Section shall be deposited in the
2Circuit Court Clerk Operation and Administrative Fund to be
3used to defray administrative costs incurred by the circuit
4clerk in performing the duties required to collect and disburse
5funds. This Section is a denial and limitation of home rule
6powers and functions under subsection (h) of Section 6 of
7Article VII of the Illinois Constitution.
8    (b) In addition to any other fines and court costs assessed
9by the courts, any person convicted or receiving an order of
10supervision for driving under the influence of alcohol or drugs
11shall pay an additional fee of $100 to the clerk of the circuit
12court. This amount, less 2 1/2% that shall be used to defray
13administrative costs incurred by the clerk, shall be remitted
14by the clerk to the Treasurer within 60 days after receipt for
15deposit into the Trauma Center Fund. This additional fee of
16$100 shall not be considered a part of the fine for purposes of
17any reduction in the fine for time served either before or
18after sentencing. Not later than March 1 of each year the
19Circuit Clerk shall submit a report of the amount of funds
20remitted to the State Treasurer under this subsection during
21the preceding calendar year.
22    (b-1) In addition to any other fines and court costs
23assessed by the courts, any person convicted or receiving an
24order of supervision for driving under the influence of alcohol
25or drugs shall pay an additional fee of $5 to the clerk of the
26circuit court. This amount, less 2 1/2% that shall be used to

 

 

09700HB2582sam002- 282 -LRB097 07362 MRW 69385 a

1defray administrative costs incurred by the clerk, shall be
2remitted by the clerk to the Treasurer within 60 days after
3receipt for deposit into the Spinal Cord Injury Paralysis Cure
4Research Trust Fund. This additional fee of $5 shall not be
5considered a part of the fine for purposes of any reduction in
6the fine for time served either before or after sentencing. Not
7later than March 1 of each year the Circuit Clerk shall submit
8a report of the amount of funds remitted to the State Treasurer
9under this subsection during the preceding calendar year.
10    (c) In addition to any other fines and court costs assessed
11by the courts, any person convicted for a violation of Sections
1224-1.1, 24-1.2, or 24-1.5 of the Criminal Code of 1961 or a
13person sentenced for a violation of the Cannabis Control Act,
14the Illinois Controlled Substances Act, or the Methamphetamine
15Control and Community Protection Act shall pay an additional
16fee of $100 to the clerk of the circuit court. This amount,
17less 2 1/2% that shall be used to defray administrative costs
18incurred by the clerk, shall be remitted by the clerk to the
19Treasurer within 60 days after receipt for deposit into the
20Trauma Center Fund. This additional fee of $100 shall not be
21considered a part of the fine for purposes of any reduction in
22the fine for time served either before or after sentencing. Not
23later than March 1 of each year the Circuit Clerk shall submit
24a report of the amount of funds remitted to the State Treasurer
25under this subsection during the preceding calendar year.
26    (c-1) In addition to any other fines and court costs

 

 

09700HB2582sam002- 283 -LRB097 07362 MRW 69385 a

1assessed by the courts, any person sentenced for a violation of
2the Cannabis Control Act, the Illinois Controlled Substances
3Act, or the Methamphetamine Control and Community Protection
4Act shall pay an additional fee of $5 to the clerk of the
5circuit court. This amount, less 2 1/2% that shall be used to
6defray administrative costs incurred by the clerk, shall be
7remitted by the clerk to the Treasurer within 60 days after
8receipt for deposit into the Spinal Cord Injury Paralysis Cure
9Research Trust Fund. This additional fee of $5 shall not be
10considered a part of the fine for purposes of any reduction in
11the fine for time served either before or after sentencing. Not
12later than March 1 of each year the Circuit Clerk shall submit
13a report of the amount of funds remitted to the State Treasurer
14under this subsection during the preceding calendar year.
15    (d) The following amounts must be remitted to the State
16Treasurer for deposit into the Illinois Animal Abuse Fund:
17        (1) 50% of the amounts collected for felony offenses
18    under Sections 3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5,
19    5.01, 6, 7, 7.5, 7.15, and 16 of the Humane Care for
20    Animals Act and Section 26-5 or 48-1 of the Criminal Code
21    of 1961;
22        (2) 20% of the amounts collected for Class A and Class
23    B misdemeanors under Sections 3, 3.01, 4, 4.01, 4.03, 4.04,
24    5, 5.01, 6, 7, 7.1, 7.5, 7.15, and 16 of the Humane Care
25    for Animals Act and Section 26-5 or 48-1 of the Criminal
26    Code of 1961; and

 

 

09700HB2582sam002- 284 -LRB097 07362 MRW 69385 a

1        (3) 50% of the amounts collected for Class C
2    misdemeanors under Sections 4.01 and 7.1 of the Humane Care
3    for Animals Act and Section 26-5 or 48-1 of the Criminal
4    Code of 1961.
5    (e) Any person who receives a disposition of court
6supervision for a violation of the Illinois Vehicle Code or a
7similar provision of a local ordinance shall, in addition to
8any other fines, fees, and court costs, pay an additional fee
9of $29, to be disbursed as provided in Section 16-104c of the
10Illinois Vehicle Code. In addition to the fee of $29, the
11person shall also pay a fee of $6, if not waived by the court.
12If this $6 fee is collected, $5.50 of the fee shall be
13deposited into the Circuit Court Clerk Operation and
14Administrative Fund created by the Clerk of the Circuit Court
15and 50 cents of the fee shall be deposited into the Prisoner
16Review Board Vehicle and Equipment Fund in the State treasury.
17    (f) This Section does not apply to the additional child
18pornography fines assessed and collected under Section
195-9-1.14 of the Unified Code of Corrections.
20    (g) Any person convicted of or pleading guilty to a serious
21traffic violation, as defined in Section 1-187.001 of the
22Illinois Vehicle Code, shall pay an additional fee of $35, to
23be disbursed as provided in Section 16-104d of that Code. This
24subsection (g) becomes inoperative 7 years after the effective
25date of Public Act 95-154.
26    (h) In all counties having a population of 3,000,000 or

 

 

09700HB2582sam002- 285 -LRB097 07362 MRW 69385 a

1more inhabitants,
2        (1) A person who is found guilty of or pleads guilty to
3    violating subsection (a) of Section 11-501 of the Illinois
4    Vehicle Code, including any person placed on court
5    supervision for violating subsection (a), shall be fined
6    $750 as provided for by subsection (f) of Section 11-501.01
7    of the Illinois Vehicle Code, payable to the circuit clerk,
8    who shall distribute the money pursuant to subsection (f)
9    of Section 11-501.01 of the Illinois Vehicle Code.
10        (2) When a crime laboratory DUI analysis fee of $150,
11    provided for by Section 5-9-1.9 of the Unified Code of
12    Corrections is assessed, it shall be disbursed by the
13    circuit clerk as provided by subsection (f) of Section
14    5-9-1.9 of the Unified Code of Corrections.
15        (3) When a fine for a violation of Section 11-605.1 of
16    the Illinois Vehicle Code is $250 or greater, the person
17    who violated that Section shall be charged an additional
18    $125 as provided for by subsection (e) of Section 11-605.1
19    of the Illinois Vehicle Code, which shall be disbursed by
20    the circuit clerk to a State or county Transportation
21    Safety Highway Hire-back Fund as provided by subsection (e)
22    of Section 11-605.1 of the Illinois Vehicle Code.
23        (4) When a fine for a violation of subsection (a) of
24    Section 11-605 of the Illinois Vehicle Code is $150 or
25    greater, the additional $50 which is charged as provided
26    for by subsection (f) of Section 11-605 of the Illinois

 

 

09700HB2582sam002- 286 -LRB097 07362 MRW 69385 a

1    Vehicle Code shall be disbursed by the circuit clerk to a
2    school district or districts for school safety purposes as
3    provided by subsection (f) of Section 11-605.
4        (5) When a fine for a violation of subsection (a) of
5    Section 11-1002.5 of the Illinois Vehicle Code is $150 or
6    greater, the additional $50 which is charged as provided
7    for by subsection (c) of Section 11-1002.5 of the Illinois
8    Vehicle Code shall be disbursed by the circuit clerk to a
9    school district or districts for school safety purposes as
10    provided by subsection (c) of Section 11-1002.5 of the
11    Illinois Vehicle Code.
12        (6) When a mandatory drug court fee of up to $5 is
13    assessed as provided in subsection (f) of Section 5-1101 of
14    the Counties Code, it shall be disbursed by the circuit
15    clerk as provided in subsection (f) of Section 5-1101 of
16    the Counties Code.
17        (7) When a mandatory teen court, peer jury, youth
18    court, or other youth diversion program fee is assessed as
19    provided in subsection (e) of Section 5-1101 of the
20    Counties Code, it shall be disbursed by the circuit clerk
21    as provided in subsection (e) of Section 5-1101 of the
22    Counties Code.
23        (8) When a Children's Advocacy Center fee is assessed
24    pursuant to subsection (f-5) of Section 5-1101 of the
25    Counties Code, it shall be disbursed by the circuit clerk
26    as provided in subsection (f-5) of Section 5-1101 of the

 

 

09700HB2582sam002- 287 -LRB097 07362 MRW 69385 a

1    Counties Code.
2        (9) When a victim impact panel fee is assessed pursuant
3    to subsection (b) of Section 11-501.01 of the Vehicle Code,
4    it shall be disbursed by the circuit clerk to the victim
5    impact panel to be attended by the defendant.
6        (10) When a new fee collected in traffic cases is
7    enacted after the effective date of this subsection (h), it
8    shall be excluded from the percentage disbursement
9    provisions of this Section unless otherwise indicated by
10    law.
11    (i) Of the amounts collected as fines under subsection (b)
12of Section 3-712 of the Illinois Vehicle Code, 99% shall be
13deposited into the Illinois Military Family Relief Fund and 1%
14shall be deposited into the Circuit Court Clerk Operation and
15Administrative Fund created by the Clerk of the Circuit Court
16to be used to offset the costs incurred by the Circuit Court
17Clerk in performing the additional duties required to collect
18and disburse funds to entities of State and local government as
19provided by law.
20    (j) (Blank).
21    (k) For any conviction or disposition of court supervision
22for a violation of Section 11-1429 of the Illinois Vehicle
23Code, the circuit clerk shall distribute the fines paid by the
24person as specified by subsection (h) of Section 11-1429 of the
25Illinois Vehicle Code.
26    (l) Any person who receives a disposition of court

 

 

09700HB2582sam002- 288 -LRB097 07362 MRW 69385 a

1supervision for a violation of Section 11-501 of the Illinois
2Vehicle Code or a similar provision of a local ordinance shall,
3in addition to any other fines, fees, and court costs, pay an
4additional fee of $50, which shall be collected by the circuit
5clerk and then remitted to the State Treasurer for deposit into
6the Roadside Memorial Fund, a special fund in the State
7treasury. However, the court may waive the fee if full
8restitution is complied with. Subject to appropriation, all
9moneys in the Roadside Memorial Fund shall be used by the
10Department of Transportation to pay fees imposed under
11subsection (f) of Section 20 of the Roadside Memorial Act. The
12fee shall be remitted by the circuit clerk within one month
13after receipt to the State Treasurer for deposit into the
14Roadside Memorial Fund.
15    (m) Of the amounts collected as fines under subsection (c)
16of Section 411.4 of the Illinois Controlled Substances Act or
17subsection (c) of Section 90 of the Methamphetamine Control and
18Community Protection Act, 99% shall be deposited to the law
19enforcement agency or fund specified and 1% shall be deposited
20into the Circuit Court Clerk Operation and Administrative Fund
21to be used to offset the costs incurred by the Circuit Court
22Clerk in performing the additional duties required to collect
23and disburse funds to entities of State and local government as
24provided by law.
25(Source: P.A. 96-576, eff. 8-18-09; 96-578, eff. 8-18-09;
2696-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10;

 

 

09700HB2582sam002- 289 -LRB097 07362 MRW 69385 a

196-1175, eff. 9-20-10; 96-1342, eff. 1-1-11; 97-434, eff.
21-1-12.)
 
3    Section 15-25. The Juvenile Court Act of 1987 is amended by
4changing Sections 3-40 and 5-715 as follows:
 
5    (705 ILCS 405/3-40)
6    Sec. 3-40. Minors involved in electronic dissemination of
7indecent visual depictions in need of supervision.
8    (a) For the purposes of this Section:
9    "Computer" has the meaning ascribed to it in Section 17-0.5
1016D-2 of the Criminal Code of 1961.
11    "Electronic communication device" means an electronic
12device, including but not limited to a wireless telephone,
13personal digital assistant, or a portable or mobile computer,
14that is capable of transmitting images or pictures.
15    "Indecent visual depiction" means a depiction or portrayal
16in any pose, posture, or setting involving a lewd exhibition of
17the unclothed or transparently clothed genitals, pubic area,
18buttocks, or, if such person is female, a fully or partially
19developed breast of the person.
20    "Minor" means a person under 18 years of age.
21    (b) A minor shall not distribute or disseminate an indecent
22visual depiction of another minor through the use of a computer
23or electronic communication device.
24    (c) Adjudication. A minor who violates subsection (b) of

 

 

09700HB2582sam002- 290 -LRB097 07362 MRW 69385 a

1this Section may be subject to a petition for adjudication and
2adjudged a minor in need of supervision.
3    (d) Kinds of dispositional orders. A minor found to be in
4need of supervision under this Section may be:
5        (1) ordered to obtain counseling or other supportive
6    services to address the acts that led to the need for
7    supervision; or
8        (2) ordered to perform community service.
9    (e) Nothing in this Section shall be construed to prohibit
10a prosecution for disorderly conduct, public indecency, child
11pornography, a violation of Article 26.5 the Harassing and
12Obscene Communications of the Criminal Code of 1961 Act, or any
13other applicable provision of law.
14(Source: P.A. 96-1087, eff. 1-1-11.)
 
15    (705 ILCS 405/5-715)
16    Sec. 5-715. Probation.
17    (1) The period of probation or conditional discharge shall
18not exceed 5 years or until the minor has attained the age of
1921 years, whichever is less, except as provided in this Section
20for a minor who is found to be guilty for an offense which is
21first degree murder, a Class X felony or a forcible felony. The
22juvenile court may terminate probation or conditional
23discharge and discharge the minor at any time if warranted by
24the conduct of the minor and the ends of justice; provided,
25however, that the period of probation for a minor who is found

 

 

09700HB2582sam002- 291 -LRB097 07362 MRW 69385 a

1to be guilty for an offense which is first degree murder, a
2Class X felony, or a forcible felony shall be at least 5 years.
3    (2) The court may as a condition of probation or of
4conditional discharge require that the minor:
5        (a) not violate any criminal statute of any
6    jurisdiction;
7        (b) make a report to and appear in person before any
8    person or agency as directed by the court;
9        (c) work or pursue a course of study or vocational
10    training;
11        (d) undergo medical or psychiatric treatment, rendered
12    by a psychiatrist or psychological treatment rendered by a
13    clinical psychologist or social work services rendered by a
14    clinical social worker, or treatment for drug addiction or
15    alcoholism;
16        (e) attend or reside in a facility established for the
17    instruction or residence of persons on probation;
18        (f) support his or her dependents, if any;
19        (g) refrain from possessing a firearm or other
20    dangerous weapon, or an automobile;
21        (h) permit the probation officer to visit him or her at
22    his or her home or elsewhere;
23        (i) reside with his or her parents or in a foster home;
24        (j) attend school;
25        (j-5) with the consent of the superintendent of the
26    facility, attend an educational program at a facility other

 

 

09700HB2582sam002- 292 -LRB097 07362 MRW 69385 a

1    than the school in which the offense was committed if he or
2    she committed a crime of violence as defined in Section 2
3    of the Crime Victims Compensation Act in a school, on the
4    real property comprising a school, or within 1,000 feet of
5    the real property comprising a school;
6        (k) attend a non-residential program for youth;
7        (l) make restitution under the terms of subsection (4)
8    of Section 5-710;
9        (m) contribute to his or her own support at home or in
10    a foster home;
11        (n) perform some reasonable public or community
12    service;
13        (o) participate with community corrections programs
14    including unified delinquency intervention services
15    administered by the Department of Human Services subject to
16    Section 5 of the Children and Family Services Act;
17        (p) pay costs;
18        (q) serve a term of home confinement. In addition to
19    any other applicable condition of probation or conditional
20    discharge, the conditions of home confinement shall be that
21    the minor:
22            (i) remain within the interior premises of the
23        place designated for his or her confinement during the
24        hours designated by the court;
25            (ii) admit any person or agent designated by the
26        court into the minor's place of confinement at any time

 

 

09700HB2582sam002- 293 -LRB097 07362 MRW 69385 a

1        for purposes of verifying the minor's compliance with
2        the conditions of his or her confinement; and
3            (iii) use an approved electronic monitoring device
4        if ordered by the court subject to Article 8A of
5        Chapter V of the Unified Code of Corrections;
6        (r) refrain from entering into a designated geographic
7    area except upon terms as the court finds appropriate. The
8    terms may include consideration of the purpose of the
9    entry, the time of day, other persons accompanying the
10    minor, and advance approval by a probation officer, if the
11    minor has been placed on probation, or advance approval by
12    the court, if the minor has been placed on conditional
13    discharge;
14        (s) refrain from having any contact, directly or
15    indirectly, with certain specified persons or particular
16    types of persons, including but not limited to members of
17    street gangs and drug users or dealers;
18        (s-5) undergo a medical or other procedure to have a
19    tattoo symbolizing allegiance to a street gang removed from
20    his or her body;
21        (t) refrain from having in his or her body the presence
22    of any illicit drug prohibited by the Cannabis Control Act,
23    the Illinois Controlled Substances Act, or the
24    Methamphetamine Control and Community Protection Act,
25    unless prescribed by a physician, and shall submit samples
26    of his or her blood or urine or both for tests to determine

 

 

09700HB2582sam002- 294 -LRB097 07362 MRW 69385 a

1    the presence of any illicit drug; or
2        (u) comply with other conditions as may be ordered by
3    the court.
4    (3) The court may as a condition of probation or of
5conditional discharge require that a minor found guilty on any
6alcohol, cannabis, methamphetamine, or controlled substance
7violation, refrain from acquiring a driver's license during the
8period of probation or conditional discharge. If the minor is
9in possession of a permit or license, the court may require
10that the minor refrain from driving or operating any motor
11vehicle during the period of probation or conditional
12discharge, except as may be necessary in the course of the
13minor's lawful employment.
14    (3.5) The court shall, as a condition of probation or of
15conditional discharge, require that a minor found to be guilty
16and placed on probation for reasons that include a violation of
17Section 3.02 or Section 3.03 of the Humane Care for Animals Act
18or paragraph (4) (d) of subsection (a) (1) of Section 21-1 of
19the Criminal Code of 1961 undergo medical or psychiatric
20treatment rendered by a psychiatrist or psychological
21treatment rendered by a clinical psychologist. The condition
22may be in addition to any other condition.
23    (3.10) The court shall order that a minor placed on
24probation or conditional discharge for a sex offense as defined
25in the Sex Offender Management Board Act undergo and
26successfully complete sex offender treatment. The treatment

 

 

09700HB2582sam002- 295 -LRB097 07362 MRW 69385 a

1shall be in conformance with the standards developed under the
2Sex Offender Management Board Act and conducted by a treatment
3provider approved by the Board. The treatment shall be at the
4expense of the person evaluated based upon that person's
5ability to pay for the treatment.
6    (4) A minor on probation or conditional discharge shall be
7given a certificate setting forth the conditions upon which he
8or she is being released.
9    (5) The court shall impose upon a minor placed on probation
10or conditional discharge, as a condition of the probation or
11conditional discharge, a fee of $50 for each month of probation
12or conditional discharge supervision ordered by the court,
13unless after determining the inability of the minor placed on
14probation or conditional discharge to pay the fee, the court
15assesses a lesser amount. The court may not impose the fee on a
16minor who is made a ward of the State under this Act while the
17minor is in placement. The fee shall be imposed only upon a
18minor who is actively supervised by the probation and court
19services department. The court may order the parent, guardian,
20or legal custodian of the minor to pay some or all of the fee on
21the minor's behalf.
22    (6) The General Assembly finds that in order to protect the
23public, the juvenile justice system must compel compliance with
24the conditions of probation by responding to violations with
25swift, certain, and fair punishments and intermediate
26sanctions. The Chief Judge of each circuit shall adopt a system

 

 

09700HB2582sam002- 296 -LRB097 07362 MRW 69385 a

1of structured, intermediate sanctions for violations of the
2terms and conditions of a sentence of supervision, probation or
3conditional discharge, under this Act.
4    The court shall provide as a condition of a disposition of
5probation, conditional discharge, or supervision, that the
6probation agency may invoke any sanction from the list of
7intermediate sanctions adopted by the chief judge of the
8circuit court for violations of the terms and conditions of the
9sentence of probation, conditional discharge, or supervision,
10subject to the provisions of Section 5-720 of this Act.
11(Source: P.A. 96-1414, eff. 1-1-11.)
 
12    Section 15-30. The Code of Criminal Procedure of 1963 is
13amended by changing Sections 111-8, 115-10, 115-10.3, 124B-10,
14124B-100, 124B-600, 124B-700, 124B-710, and 124B-905 as
15follows:
 
16    (725 ILCS 5/111-8)  (from Ch. 38, par. 111-8)
17    Sec. 111-8. Orders of protection to prohibit domestic
18violence.
19    (a) Whenever a violation of Section 9-1, 9-2, 9-3, 10-3,
2010-3.1, 10-4, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
2111-1.60, 11-14.3 that involves soliciting for a prostitute,
2211-14.4 that involves soliciting for a juvenile prostitute,
2311-15, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, 11-20a, 12-1,
2412-2, 12-3, 12-3.05, 12-3.2, 12-3.3, 12-3.5, 12-4, 12-4.1,

 

 

09700HB2582sam002- 297 -LRB097 07362 MRW 69385 a

112-4.3, 12-4.6, 12-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5,
212-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 19-4, 19-6, 21-1,
321-2, or 21-3, or 26.5-2 of the Criminal Code of 1961 or
4Section 1-1 of the Harassing and Obscene Communications Act is
5alleged in an information, complaint or indictment on file, and
6the alleged offender and victim are family or household
7members, as defined in the Illinois Domestic Violence Act, as
8now or hereafter amended, the People through the respective
9State's Attorneys may by separate petition and upon notice to
10the defendant, except as provided in subsection (c) herein,
11request the court to issue an order of protection.
12    (b) In addition to any other remedies specified in Section
13208 of the Illinois Domestic Violence Act, as now or hereafter
14amended, the order may direct the defendant to initiate no
15contact with the alleged victim or victims who are family or
16household members and to refrain from entering the residence,
17school or place of business of the alleged victim or victims.
18    (c) The court may grant emergency relief without notice
19upon a showing of immediate and present danger of abuse to the
20victim or minor children of the victim and may enter a
21temporary order pending notice and full hearing on the matter.
22(Source: P.A. 96-1551, Article 1, Section 965, eff. 7-1-11;
23P.A. 96-1551, Article 2, Section 1040, eff. 7-1-11; revised
249-30-11.)
 
25    (725 ILCS 5/115-10)  (from Ch. 38, par. 115-10)

 

 

09700HB2582sam002- 298 -LRB097 07362 MRW 69385 a

1    Sec. 115-10. Certain hearsay exceptions.
2    (a) In a prosecution for a physical or sexual act
3perpetrated upon or against a child under the age of 13, or a
4person who was a moderately, severely, or profoundly
5intellectually disabled person as defined in this Code and in
6Section 2-10.1 of the Criminal Code of 1961 at the time the act
7was committed, including but not limited to prosecutions for
8violations of Sections 11-1.20 through 11-1.60 or 12-13 through
912-16 of the Criminal Code of 1961 and prosecutions for
10violations of Sections 10-1 (kidnapping), 10-2 (aggravated
11kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated
12unlawful restraint), 10-4 (forcible detention), 10-5 (child
13abduction), 10-6 (harboring a runaway), 10-7 (aiding or
14abetting child abduction), 11-9 (public indecency), 11-11
15(sexual relations within families), 11-21 (harmful material),
1612-1 (assault), 12-2 (aggravated assault), 12-3 (battery),
1712-3.2 (domestic battery), 12-3.3 (aggravated domestic
18battery), 12-3.05 or 12-4 (aggravated battery), 12-4.1
19(heinous battery), 12-4.2 (aggravated battery with a firearm),
2012-4.3 (aggravated battery of a child), 12-4.7 (drug induced
21infliction of great bodily harm), 12-5 (reckless conduct), 12-6
22(intimidation), 12-6.1 or 12-6.5 (compelling organization
23membership of persons), 12-7.1 (hate crime), 12-7.3
24(stalking), 12-7.4 (aggravated stalking), 12-10 (tattooing
25body of minor), 12-11 or 19-6 (home invasion), 12-21.5 (child
26abandonment), 12-21.6 (endangering the life or health of a

 

 

09700HB2582sam002- 299 -LRB097 07362 MRW 69385 a

1child) or 12-32 (ritual mutilation) of the Criminal Code of
21961 or any sex offense as defined in subsection (B) of Section
32 of the Sex Offender Registration Act, the following evidence
4shall be admitted as an exception to the hearsay rule:
5        (1) testimony by the victim of an out of court
6    statement made by the victim that he or she complained of
7    such act to another; and
8        (2) testimony of an out of court statement made by the
9    victim describing any complaint of such act or matter or
10    detail pertaining to any act which is an element of an
11    offense which is the subject of a prosecution for a sexual
12    or physical act against that victim.
13    (b) Such testimony shall only be admitted if:
14        (1) The court finds in a hearing conducted outside the
15    presence of the jury that the time, content, and
16    circumstances of the statement provide sufficient
17    safeguards of reliability; and
18        (2) The child or moderately, severely, or profoundly
19    intellectually disabled person either:
20            (A) testifies at the proceeding; or
21            (B) is unavailable as a witness and there is
22        corroborative evidence of the act which is the subject
23        of the statement; and
24        (3) In a case involving an offense perpetrated against
25    a child under the age of 13, the out of court statement was
26    made before the victim attained 13 years of age or within 3

 

 

09700HB2582sam002- 300 -LRB097 07362 MRW 69385 a

1    months after the commission of the offense, whichever
2    occurs later, but the statement may be admitted regardless
3    of the age of the victim at the time of the proceeding.
4    (c) If a statement is admitted pursuant to this Section,
5the court shall instruct the jury that it is for the jury to
6determine the weight and credibility to be given the statement
7and that, in making the determination, it shall consider the
8age and maturity of the child, or the intellectual capabilities
9of the moderately, severely, or profoundly intellectually
10disabled person, the nature of the statement, the circumstances
11under which the statement was made, and any other relevant
12factor.
13    (d) The proponent of the statement shall give the adverse
14party reasonable notice of his intention to offer the statement
15and the particulars of the statement.
16    (e) Statements described in paragraphs (1) and (2) of
17subsection (a) shall not be excluded on the basis that they
18were obtained as a result of interviews conducted pursuant to a
19protocol adopted by a Child Advocacy Advisory Board as set
20forth in subsections (c), (d), and (e) of Section 3 of the
21Children's Advocacy Center Act or that an interviewer or
22witness to the interview was or is an employee, agent, or
23investigator of a State's Attorney's office.
24(Source: P.A. 95-892, eff. 1-1-09; 96-710, eff. 1-1-10;
2596-1551, Article 1, Section 965, eff. 7-1-11; 96-1551, Article
262, Section 1040, eff. 7-1-11; 97-227, eff. 1-1-12; revised

 

 

09700HB2582sam002- 301 -LRB097 07362 MRW 69385 a

19-14-11.)
 
2    (725 ILCS 5/115-10.3)
3    Sec. 115-10.3. Hearsay exception regarding elder adults.
4    (a) In a prosecution for a physical act, abuse, neglect, or
5financial exploitation perpetrated upon or against an eligible
6adult, as defined in the Elder Abuse and Neglect Act, who has
7been diagnosed by a physician to suffer from (i) any form of
8dementia, developmental disability, or other form of mental
9incapacity or (ii) any physical infirmity, including but not
10limited to prosecutions for violations of Sections 10-1, 10-2,
1110-3, 10-3.1, 10-4, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
1211-1.60, 11-11, 12-1, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.3,
1312-4, 12-4.1, 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5, 12-6,
1412-7.3, 12-7.4, 12-11, 12-11.1, 12-13, 12-14, 12-15, 12-16,
1512-21, 16-1, 16-1.3, 17-1, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4,
1618-5, 18-6, 19-6, 20-1.1, 24-1.2, and 33A-2, or subsection (b)
17of Section 12-4.4a, of the Criminal Code of 1961, the following
18evidence shall be admitted as an exception to the hearsay rule:
19        (1) testimony by an eligible adult, of an out of court
20    statement made by the eligible adult, that he or she
21    complained of such act to another; and
22        (2) testimony of an out of court statement made by the
23    eligible adult, describing any complaint of such act or
24    matter or detail pertaining to any act which is an element
25    of an offense which is the subject of a prosecution for a

 

 

09700HB2582sam002- 302 -LRB097 07362 MRW 69385 a

1    physical act, abuse, neglect, or financial exploitation
2    perpetrated upon or against the eligible adult.
3    (b) Such testimony shall only be admitted if:
4        (1) The court finds in a hearing conducted outside the
5    presence of the jury that the time, content, and
6    circumstances of the statement provide sufficient
7    safeguards of reliability; and
8        (2) The eligible adult either:
9            (A) testifies at the proceeding; or
10            (B) is unavailable as a witness and there is
11        corroborative evidence of the act which is the subject
12        of the statement.
13    (c) If a statement is admitted pursuant to this Section,
14the court shall instruct the jury that it is for the jury to
15determine the weight and credibility to be given the statement
16and that, in making the determination, it shall consider the
17condition of the eligible adult, the nature of the statement,
18the circumstances under which the statement was made, and any
19other relevant factor.
20    (d) The proponent of the statement shall give the adverse
21party reasonable notice of his or her intention to offer the
22statement and the particulars of the statement.
23(Source: P.A. 96-1551, Article 1, Section 965, eff. 7-1-11;
2496-1551, Article 2, Section 1040, eff. 7-1-11; 96-1551, Article
2510, Section 10-145, eff. 7-1-11; revised 9-30-11.)
 

 

 

09700HB2582sam002- 303 -LRB097 07362 MRW 69385 a

1    (725 ILCS 5/124B-10)
2    Sec. 124B-10. Applicability; offenses. This Article
3applies to forfeiture of property in connection with the
4following:
5        (1) A violation of Section 10A-10 of the Criminal Code
6    of 1961 (involuntary servitude; involuntary servitude of a
7    minor; trafficking of persons for forced labor or
8    services).
9        (2) A violation of subdivision (a)(1) of Section
10    11-14.4 of the Criminal Code of 1961 (promoting juvenile
11    prostitution) or a violation of Section 11-17.1 of the
12    Criminal Code of 1961 (keeping a place of juvenile
13    prostitution).
14        (3) A violation of subdivision (a)(4) of Section
15    11-14.4 of the Criminal Code of 1961 (promoting juvenile
16    prostitution) or a violation of Section 11-19.2 of the
17    Criminal Code of 1961 (exploitation of a child).
18        (4) A violation of Section 11-20 of the Criminal Code
19    of 1961 (obscenity).
20        (5) A second or subsequent violation of Section 11-20.1
21    of the Criminal Code of 1961 (child pornography).
22        (6) A violation of Section 11-20.1B or 11-20.3 of the
23    Criminal Code of 1961 (aggravated child pornography).
24        (7) A violation of Section 17-50 16D-5 of the Criminal
25    Code of 1961 (computer fraud).
26        (8) A felony violation of Section 17-6.3 Article 17B of

 

 

09700HB2582sam002- 304 -LRB097 07362 MRW 69385 a

1    the Criminal Code of 1961 (WIC fraud).
2        (9) A felony violation of Section 48-1 26-5 of the
3    Criminal Code of 1961 (dog fighting).
4        (10) A violation of Article 29D of the Criminal Code of
5    1961 (terrorism).
6        (11) A felony violation of Section 4.01 of the Humane
7    Care for Animals Act (animals in entertainment).
8(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11.)
 
9    (725 ILCS 5/124B-100)
10    Sec. 124B-100. Definition; "offense". For purposes of this
11Article, "offense" is defined as follows:
12        (1) In the case of forfeiture authorized under Section
13    10A-15 of the Criminal Code of 1961, "offense" means the
14    offense of involuntary servitude, involuntary servitude of
15    a minor, or trafficking of persons for forced labor or
16    services in violation of Section 10A-10 of that Code.
17        (2) In the case of forfeiture authorized under
18    subdivision (a)(1) of Section 11-14.4, or Section 11-17.1,
19    of the Criminal Code of 1961, "offense" means the offense
20    of promoting juvenile prostitution or keeping a place of
21    juvenile prostitution in violation of subdivision (a)(1)
22    of Section 11-14.4, or Section 11-17.1, of that Code.
23        (3) In the case of forfeiture authorized under
24    subdivision (a)(4) of Section 11-14.4, or Section 11-19.2,
25    of the Criminal Code of 1961, "offense" means the offense

 

 

09700HB2582sam002- 305 -LRB097 07362 MRW 69385 a

1    of promoting juvenile prostitution or exploitation of a
2    child in violation of subdivision (a)(4) of Section
3    11-14.4, or Section 11-19.2, of that Code.
4        (4) In the case of forfeiture authorized under Section
5    11-20 of the Criminal Code of 1961, "offense" means the
6    offense of obscenity in violation of that Section.
7        (5) In the case of forfeiture authorized under Section
8    11-20.1 of the Criminal Code of 1961, "offense" means the
9    offense of child pornography in violation of Section
10    11-20.1 of that Code.
11        (6) In the case of forfeiture authorized under Section
12    11-20.1B or 11-20.3 of the Criminal Code of 1961, "offense"
13    means the offense of aggravated child pornography in
14    violation of Section 11-20.1B or 11-20.3 of that Code.
15        (7) In the case of forfeiture authorized under Section
16    17-50 16D-6 of the Criminal Code of 1961, "offense" means
17    the offense of computer fraud in violation of Section 17-50
18    16D-5 of that Code.
19        (8) In the case of forfeiture authorized under Section
20    17-6.3 17B-25 of the Criminal Code of 1961, "offense" means
21    any felony violation of Section 17-6.3 Article 17B of that
22    Code.
23        (9) In the case of forfeiture authorized under Section
24    29D-65 of the Criminal Code of 1961, "offense" means any
25    offense under Article 29D of that Code.
26        (10) In the case of forfeiture authorized under Section

 

 

09700HB2582sam002- 306 -LRB097 07362 MRW 69385 a

1    4.01 of the Humane Care for Animals Act or Section 48-1
2    26-5 of the Criminal Code of 1961, "offense" means any
3    felony offense under either of those Sections.
4(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11.)
 
5    (725 ILCS 5/124B-600)
6    Sec. 124B-600. Persons and property subject to forfeiture.
7A person who commits the offense of computer fraud as set forth
8in Section 17-50 16D-5 of the Criminal Code of 1961 shall
9forfeit any property that the sentencing court determines,
10after a forfeiture hearing under this Article, the person has
11acquired or maintained, directly or indirectly, in whole or in
12part, as a result of that offense. The person shall also
13forfeit any interest in, securities of, claim against, or
14contractual right of any kind that affords the person a source
15of influence over any enterprise that the person has
16established, operated, controlled, conducted, or participated
17in conducting, if the person's relationship to or connection
18with any such thing or activity directly or indirectly, in
19whole or in part, is traceable to any item or benefit that the
20person has obtained or acquired through computer fraud.
21(Source: P.A. 96-712, eff. 1-1-10.)
 
22    (725 ILCS 5/124B-700)
23    Sec. 124B-700. Persons and property subject to forfeiture.
24A person who commits a felony violation of Article 17-6.3 17B

 

 

09700HB2582sam002- 307 -LRB097 07362 MRW 69385 a

1of the Criminal Code of 1961 shall forfeit any property that
2the sentencing court determines, after a forfeiture hearing
3under this Article, (i) the person has acquired, in whole or in
4part, as a result of committing the violation or (ii) the
5person has maintained or used, in whole or in part, to
6facilitate, directly or indirectly, the commission of the
7violation. The person shall also forfeit any interest in,
8securities of, claim against, or contractual right of any kind
9that affords the person a source of influence over any
10enterprise that the person has established, operated,
11controlled, conducted, or participated in conducting, if the
12person's relationship to or connection with any such thing or
13activity directly or indirectly, in whole or in part, is
14traceable to any item or benefit that the person has obtained
15or acquired as a result of a felony violation of Article 17-6.3
1617B of the Criminal Code of 1961. Property subject to
17forfeiture under this Part 700 includes the following:
18        (1) All moneys, things of value, books, records, and
19    research products and materials that are used or intended
20    to be used in committing a felony violation of Article
21    17-6.3 17B of the Criminal Code of 1961.
22        (2) Everything of value furnished, or intended to be
23    furnished, in exchange for a substance in violation of
24    Article 17-6.3 17B of the Criminal Code of 1961; all
25    proceeds traceable to that exchange; and all moneys,
26    negotiable instruments, and securities used or intended to

 

 

09700HB2582sam002- 308 -LRB097 07362 MRW 69385 a

1    be used to commit or in any manner to facilitate the
2    commission of a felony violation of Article 17-6.3 17B of
3    the Criminal Code of 1961.
4        (3) All real property, including any right, title, and
5    interest (including, but not limited to, any leasehold
6    interest or the beneficial interest in a land trust) in the
7    whole of any lot or tract of land and any appurtenances or
8    improvements, that is used or intended to be used, in any
9    manner or part, to commit or in any manner to facilitate
10    the commission of a felony violation of Article 17-6.3 17B
11    of the Criminal Code of 1961 or that is the proceeds of any
12    act that constitutes a felony violation of Article 17-6.3
13    17B of the Criminal Code of 1961.
14(Source: P.A. 96-712, eff. 1-1-10.)
 
15    (725 ILCS 5/124B-710)
16    Sec. 124B-710. Sale of forfeited property by Director of
17State Police; return to seizing agency or prosecutor.
18    (a) The court shall authorize the Director of State Police
19to seize any property declared forfeited under this Article on
20terms and conditions the court deems proper.
21    (b) When property is forfeited under this Part 700, the
22Director of State Police shall sell the property unless the
23property is required by law to be destroyed or is harmful to
24the public. The Director shall distribute the proceeds of the
25sale, together with any moneys forfeited or seized, in

 

 

09700HB2582sam002- 309 -LRB097 07362 MRW 69385 a

1accordance with Section 124B-715.
2    (c) On the application of the seizing agency or prosecutor
3who was responsible for the investigation, arrest, and
4prosecution that lead to the forfeiture, however, the Director
5may return any item of forfeited property to the seizing agency
6or prosecutor for official use in the enforcement of laws
7relating to Article 17-6.3 17B of the Criminal Code of 1961 if
8the agency or prosecutor can demonstrate that the item
9requested would be useful to the agency or prosecutor in their
10enforcement efforts. When any real property returned to the
11seizing agency is sold by the agency or its unit of government,
12the proceeds of the sale shall be delivered to the Director and
13distributed in accordance with Section 124B-715.
14(Source: P.A. 96-712, eff. 1-1-10.)
 
15    (725 ILCS 5/124B-905)
16    Sec. 124B-905. Persons and property subject to forfeiture.
17A person who commits a felony violation of Section 4.01 of the
18Humane Care for Animals Act or a felony violation of Section
1948-1 26-5 of the Criminal Code of 1961 shall forfeit the
20following:
21        (1) Any moneys, profits, or proceeds the person
22    acquired, in whole or in part, as a result of committing
23    the violation.
24        (2) Any real property or interest in real property that
25    the sentencing court determines, after a forfeiture

 

 

09700HB2582sam002- 310 -LRB097 07362 MRW 69385 a

1    hearing under this Article, (i) the person has acquired, in
2    whole or in part, as a result of committing the violation
3    or (ii) the person has maintained or used, in whole or in
4    part, to facilitate, directly or indirectly, the
5    commission of the violation. Real property subject to
6    forfeiture under this Part 900 includes property that
7    belongs to any of the following:
8            (A) The person organizing the show, exhibition,
9        program, or other activity described in subsections
10        (a) through (g) of Section 4.01 of the Humane Care for
11        Animals Act or Section 48-1 26-5 of the Criminal Code
12        of 1961.
13            (B) Any other person participating in the activity
14        described in subsections (a) through (g) of Section
15        4.01 of the Humane Care for Animals Act or Section 48-1
16        26-5 of the Criminal Code of 1961 who is related to the
17        organization and operation of the activity.
18            (C) Any person who knowingly allowed the
19        activities to occur on his or her premises.
20    The person shall also forfeit any interest in, securities
21of, claim against, or contractual right of any kind that
22affords the person a source of influence over any enterprise
23that the person has established, operated, controlled,
24conducted, or participated in conducting, if the person's
25relationship to or connection with any such thing or activity
26directly or indirectly, in whole or in part, is traceable to

 

 

09700HB2582sam002- 311 -LRB097 07362 MRW 69385 a

1any item or benefit that the person has obtained or acquired as
2a result of a felony violation of Section 4.01 of the Humane
3Care for Animals Act or a felony violation of Section 48-1 26-5
4of the Criminal Code of 1961.
5(Source: P.A. 96-712, eff. 1-1-10.)
 
6    Section 15-35. The Unified Code of Corrections is amended
7by changing Sections 5-5-3, 5-5-3.2, 5-5-5, 5-6-1 and 5-8-4 as
8follows:
 
9    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
10    Sec. 5-5-3. Disposition.
11    (a) (Blank).
12    (b) (Blank).
13    (c) (1) (Blank).
14        (2) A period of probation, a term of periodic
15    imprisonment or conditional discharge shall not be imposed
16    for the following offenses. The court shall sentence the
17    offender to not less than the minimum term of imprisonment
18    set forth in this Code for the following offenses, and may
19    order a fine or restitution or both in conjunction with
20    such term of imprisonment:
21            (A) First degree murder where the death penalty is
22        not imposed.
23            (B) Attempted first degree murder.
24            (C) A Class X felony.

 

 

09700HB2582sam002- 312 -LRB097 07362 MRW 69385 a

1            (D) A violation of Section 401.1 or 407 of the
2        Illinois Controlled Substances Act, or a violation of
3        subdivision (c)(1), (c)(1.5), or (c)(2) of Section 401
4        of that Act which relates to more than 5 grams of a
5        substance containing heroin, cocaine, fentanyl, or an
6        analog thereof.
7            (E) A violation of Section 5.1 or 9 of the Cannabis
8        Control Act.
9            (F) A Class 2 or greater felony if the offender had
10        been convicted of a Class 2 or greater felony,
11        including any state or federal conviction for an
12        offense that contained, at the time it was committed,
13        the same elements as an offense now (the date of the
14        offense committed after the prior Class 2 or greater
15        felony) classified as a Class 2 or greater felony,
16        within 10 years of the date on which the offender
17        committed the offense for which he or she is being
18        sentenced, except as otherwise provided in Section
19        40-10 of the Alcoholism and Other Drug Abuse and
20        Dependency Act.
21            (F-5) A violation of Section 24-1, 24-1.1, or
22        24-1.6 of the Criminal Code of 1961 for which
23        imprisonment is prescribed in those Sections.
24            (G) Residential burglary, except as otherwise
25        provided in Section 40-10 of the Alcoholism and Other
26        Drug Abuse and Dependency Act.

 

 

09700HB2582sam002- 313 -LRB097 07362 MRW 69385 a

1            (H) Criminal sexual assault.
2            (I) Aggravated battery of a senior citizen as
3        described in Section 12-4.6 or subdivision (a)(4) of
4        Section 12-3.05.
5            (J) A forcible felony if the offense was related to
6        the activities of an organized gang.
7            Before July 1, 1994, for the purposes of this
8        paragraph, "organized gang" means an association of 5
9        or more persons, with an established hierarchy, that
10        encourages members of the association to perpetrate
11        crimes or provides support to the members of the
12        association who do commit crimes.
13            Beginning July 1, 1994, for the purposes of this
14        paragraph, "organized gang" has the meaning ascribed
15        to it in Section 10 of the Illinois Streetgang
16        Terrorism Omnibus Prevention Act.
17            (K) Vehicular hijacking.
18            (L) A second or subsequent conviction for the
19        offense of hate crime when the underlying offense upon
20        which the hate crime is based is felony aggravated
21        assault or felony mob action.
22            (M) A second or subsequent conviction for the
23        offense of institutional vandalism if the damage to the
24        property exceeds $300.
25            (N) A Class 3 felony violation of paragraph (1) of
26        subsection (a) of Section 2 of the Firearm Owners

 

 

09700HB2582sam002- 314 -LRB097 07362 MRW 69385 a

1        Identification Card Act.
2            (O) A violation of Section 12-6.1 or 12-6.5 of the
3        Criminal Code of 1961.
4            (P) A violation of paragraph (1), (2), (3), (4),
5        (5), or (7) of subsection (a) of Section 11-20.1 of the
6        Criminal Code of 1961.
7            (Q) A violation of subsection (b) or (b-5) of
8        Section 20-1, Section 20-1.2 or 20-1.3 of the Criminal
9        Code of 1961.
10            (R) A violation of Section 24-3A of the Criminal
11        Code of 1961.
12            (S) (Blank).
13            (T) A second or subsequent violation of the
14        Methamphetamine Control and Community Protection Act.
15            (U) A second or subsequent violation of Section
16        6-303 of the Illinois Vehicle Code committed while his
17        or her driver's license, permit, or privilege was
18        revoked because of a violation of Section 9-3 of the
19        Criminal Code of 1961, relating to the offense of
20        reckless homicide, or a similar provision of a law of
21        another state.
22            (V) A violation of paragraph (4) of subsection (c)
23        of Section 11-20.1B or paragraph (4) of subsection (c)
24        of Section 11-20.3 of the Criminal Code of 1961.
25            (W) A violation of Section 24-3.5 of the Criminal
26        Code of 1961.

 

 

09700HB2582sam002- 315 -LRB097 07362 MRW 69385 a

1            (X) A violation of subsection (a) of Section 31-1a
2        of the Criminal Code of 1961.
3            (Y) A conviction for unlawful possession of a
4        firearm by a street gang member when the firearm was
5        loaded or contained firearm ammunition.
6            (Z) A Class 1 felony committed while he or she was
7        serving a term of probation or conditional discharge
8        for a felony.
9            (AA) Theft of property exceeding $500,000 and not
10        exceeding $1,000,000 in value.
11            (BB) Laundering of criminally derived property of
12        a value exceeding $500,000.
13            (CC) Knowingly selling, offering for sale, holding
14        for sale, or using 2,000 or more counterfeit items or
15        counterfeit items having a retail value in the
16        aggregate of $500,000 or more.
17            (DD) A conviction for aggravated assault under
18        paragraph (6) of subsection (c) of Section 12-2 of the
19        Criminal Code of 1961 if the firearm is aimed toward
20        the person against whom the firearm is being used.
21        (3) (Blank).
22        (4) A minimum term of imprisonment of not less than 10
23    consecutive days or 30 days of community service shall be
24    imposed for a violation of paragraph (c) of Section 6-303
25    of the Illinois Vehicle Code.
26        (4.1) (Blank).

 

 

09700HB2582sam002- 316 -LRB097 07362 MRW 69385 a

1        (4.2) Except as provided in paragraphs (4.3) and (4.8)
2    of this subsection (c), a minimum of 100 hours of community
3    service shall be imposed for a second violation of Section
4    6-303 of the Illinois Vehicle Code.
5        (4.3) A minimum term of imprisonment of 30 days or 300
6    hours of community service, as determined by the court,
7    shall be imposed for a second violation of subsection (c)
8    of Section 6-303 of the Illinois Vehicle Code.
9        (4.4) Except as provided in paragraphs (4.5), (4.6),
10    and (4.9) of this subsection (c), a minimum term of
11    imprisonment of 30 days or 300 hours of community service,
12    as determined by the court, shall be imposed for a third or
13    subsequent violation of Section 6-303 of the Illinois
14    Vehicle Code.
15        (4.5) A minimum term of imprisonment of 30 days shall
16    be imposed for a third violation of subsection (c) of
17    Section 6-303 of the Illinois Vehicle Code.
18        (4.6) Except as provided in paragraph (4.10) of this
19    subsection (c), a minimum term of imprisonment of 180 days
20    shall be imposed for a fourth or subsequent violation of
21    subsection (c) of Section 6-303 of the Illinois Vehicle
22    Code.
23        (4.7) A minimum term of imprisonment of not less than
24    30 consecutive days, or 300 hours of community service,
25    shall be imposed for a violation of subsection (a-5) of
26    Section 6-303 of the Illinois Vehicle Code, as provided in

 

 

09700HB2582sam002- 317 -LRB097 07362 MRW 69385 a

1    subsection (b-5) of that Section.
2        (4.8) A mandatory prison sentence shall be imposed for
3    a second violation of subsection (a-5) of Section 6-303 of
4    the Illinois Vehicle Code, as provided in subsection (c-5)
5    of that Section. The person's driving privileges shall be
6    revoked for a period of not less than 5 years from the date
7    of his or her release from prison.
8        (4.9) A mandatory prison sentence of not less than 4
9    and not more than 15 years shall be imposed for a third
10    violation of subsection (a-5) of Section 6-303 of the
11    Illinois Vehicle Code, as provided in subsection (d-2.5) of
12    that Section. The person's driving privileges shall be
13    revoked for the remainder of his or her life.
14        (4.10) A mandatory prison sentence for a Class 1 felony
15    shall be imposed, and the person shall be eligible for an
16    extended term sentence, for a fourth or subsequent
17    violation of subsection (a-5) of Section 6-303 of the
18    Illinois Vehicle Code, as provided in subsection (d-3.5) of
19    that Section. The person's driving privileges shall be
20    revoked for the remainder of his or her life.
21        (5) The court may sentence a corporation or
22    unincorporated association convicted of any offense to:
23            (A) a period of conditional discharge;
24            (B) a fine;
25            (C) make restitution to the victim under Section
26        5-5-6 of this Code.

 

 

09700HB2582sam002- 318 -LRB097 07362 MRW 69385 a

1        (5.1) In addition to any other penalties imposed, and
2    except as provided in paragraph (5.2) or (5.3), a person
3    convicted of violating subsection (c) of Section 11-907 of
4    the Illinois Vehicle Code shall have his or her driver's
5    license, permit, or privileges suspended for at least 90
6    days but not more than one year, if the violation resulted
7    in damage to the property of another person.
8        (5.2) In addition to any other penalties imposed, and
9    except as provided in paragraph (5.3), a person convicted
10    of violating subsection (c) of Section 11-907 of the
11    Illinois Vehicle Code shall have his or her driver's
12    license, permit, or privileges suspended for at least 180
13    days but not more than 2 years, if the violation resulted
14    in injury to another person.
15        (5.3) In addition to any other penalties imposed, a
16    person convicted of violating subsection (c) of Section
17    11-907 of the Illinois Vehicle Code shall have his or her
18    driver's license, permit, or privileges suspended for 2
19    years, if the violation resulted in the death of another
20    person.
21        (5.4) In addition to any other penalties imposed, a
22    person convicted of violating Section 3-707 of the Illinois
23    Vehicle Code shall have his or her driver's license,
24    permit, or privileges suspended for 3 months and until he
25    or she has paid a reinstatement fee of $100.
26        (5.5) In addition to any other penalties imposed, a

 

 

09700HB2582sam002- 319 -LRB097 07362 MRW 69385 a

1    person convicted of violating Section 3-707 of the Illinois
2    Vehicle Code during a period in which his or her driver's
3    license, permit, or privileges were suspended for a
4    previous violation of that Section shall have his or her
5    driver's license, permit, or privileges suspended for an
6    additional 6 months after the expiration of the original
7    3-month suspension and until he or she has paid a
8    reinstatement fee of $100.
9        (6) (Blank).
10        (7) (Blank).
11        (8) (Blank).
12        (9) A defendant convicted of a second or subsequent
13    offense of ritualized abuse of a child may be sentenced to
14    a term of natural life imprisonment.
15        (10) (Blank).
16        (11) The court shall impose a minimum fine of $1,000
17    for a first offense and $2,000 for a second or subsequent
18    offense upon a person convicted of or placed on supervision
19    for battery when the individual harmed was a sports
20    official or coach at any level of competition and the act
21    causing harm to the sports official or coach occurred
22    within an athletic facility or within the immediate
23    vicinity of the athletic facility at which the sports
24    official or coach was an active participant of the athletic
25    contest held at the athletic facility. For the purposes of
26    this paragraph (11), "sports official" means a person at an

 

 

09700HB2582sam002- 320 -LRB097 07362 MRW 69385 a

1    athletic contest who enforces the rules of the contest,
2    such as an umpire or referee; "athletic facility" means an
3    indoor or outdoor playing field or recreational area where
4    sports activities are conducted; and "coach" means a person
5    recognized as a coach by the sanctioning authority that
6    conducted the sporting event.
7        (12) A person may not receive a disposition of court
8    supervision for a violation of Section 5-16 of the Boat
9    Registration and Safety Act if that person has previously
10    received a disposition of court supervision for a violation
11    of that Section.
12        (13) A person convicted of or placed on court
13    supervision for an assault or aggravated assault when the
14    victim and the offender are family or household members as
15    defined in Section 103 of the Illinois Domestic Violence
16    Act of 1986 or convicted of domestic battery or aggravated
17    domestic battery may be required to attend a Partner Abuse
18    Intervention Program under protocols set forth by the
19    Illinois Department of Human Services under such terms and
20    conditions imposed by the court. The costs of such classes
21    shall be paid by the offender.
22    (d) In any case in which a sentence originally imposed is
23vacated, the case shall be remanded to the trial court. The
24trial court shall hold a hearing under Section 5-4-1 of the
25Unified Code of Corrections which may include evidence of the
26defendant's life, moral character and occupation during the

 

 

09700HB2582sam002- 321 -LRB097 07362 MRW 69385 a

1time since the original sentence was passed. The trial court
2shall then impose sentence upon the defendant. The trial court
3may impose any sentence which could have been imposed at the
4original trial subject to Section 5-5-4 of the Unified Code of
5Corrections. If a sentence is vacated on appeal or on
6collateral attack due to the failure of the trier of fact at
7trial to determine beyond a reasonable doubt the existence of a
8fact (other than a prior conviction) necessary to increase the
9punishment for the offense beyond the statutory maximum
10otherwise applicable, either the defendant may be re-sentenced
11to a term within the range otherwise provided or, if the State
12files notice of its intention to again seek the extended
13sentence, the defendant shall be afforded a new trial.
14    (e) In cases where prosecution for aggravated criminal
15sexual abuse under Section 11-1.60 or 12-16 of the Criminal
16Code of 1961 results in conviction of a defendant who was a
17family member of the victim at the time of the commission of
18the offense, the court shall consider the safety and welfare of
19the victim and may impose a sentence of probation only where:
20        (1) the court finds (A) or (B) or both are appropriate:
21            (A) the defendant is willing to undergo a court
22        approved counseling program for a minimum duration of 2
23        years; or
24            (B) the defendant is willing to participate in a
25        court approved plan including but not limited to the
26        defendant's:

 

 

09700HB2582sam002- 322 -LRB097 07362 MRW 69385 a

1                (i) removal from the household;
2                (ii) restricted contact with the victim;
3                (iii) continued financial support of the
4            family;
5                (iv) restitution for harm done to the victim;
6            and
7                (v) compliance with any other measures that
8            the court may deem appropriate; and
9        (2) the court orders the defendant to pay for the
10    victim's counseling services, to the extent that the court
11    finds, after considering the defendant's income and
12    assets, that the defendant is financially capable of paying
13    for such services, if the victim was under 18 years of age
14    at the time the offense was committed and requires
15    counseling as a result of the offense.
16    Probation may be revoked or modified pursuant to Section
175-6-4; except where the court determines at the hearing that
18the defendant violated a condition of his or her probation
19restricting contact with the victim or other family members or
20commits another offense with the victim or other family
21members, the court shall revoke the defendant's probation and
22impose a term of imprisonment.
23    For the purposes of this Section, "family member" and
24"victim" shall have the meanings ascribed to them in Section
2511-0.1 of the Criminal Code of 1961.
26    (f) (Blank).

 

 

09700HB2582sam002- 323 -LRB097 07362 MRW 69385 a

1    (g) Whenever a defendant is convicted of an offense under
2Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
311-14.3, 11-14.4 except for an offense that involves keeping a
4place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
511-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
612-14.1, 12-15 or 12-16 of the Criminal Code of 1961, the
7defendant shall undergo medical testing to determine whether
8the defendant has any sexually transmissible disease,
9including a test for infection with human immunodeficiency
10virus (HIV) or any other identified causative agent of acquired
11immunodeficiency syndrome (AIDS). Any such medical test shall
12be performed only by appropriately licensed medical
13practitioners and may include an analysis of any bodily fluids
14as well as an examination of the defendant's person. Except as
15otherwise provided by law, the results of such test shall be
16kept strictly confidential by all medical personnel involved in
17the testing and must be personally delivered in a sealed
18envelope to the judge of the court in which the conviction was
19entered for the judge's inspection in camera. Acting in
20accordance with the best interests of the victim and the
21public, the judge shall have the discretion to determine to
22whom, if anyone, the results of the testing may be revealed.
23The court shall notify the defendant of the test results. The
24court shall also notify the victim if requested by the victim,
25and if the victim is under the age of 15 and if requested by the
26victim's parents or legal guardian, the court shall notify the

 

 

09700HB2582sam002- 324 -LRB097 07362 MRW 69385 a

1victim's parents or legal guardian of the test results. The
2court shall provide information on the availability of HIV
3testing and counseling at Department of Public Health
4facilities to all parties to whom the results of the testing
5are revealed and shall direct the State's Attorney to provide
6the information to the victim when possible. A State's Attorney
7may petition the court to obtain the results of any HIV test
8administered under this Section, and the court shall grant the
9disclosure if the State's Attorney shows it is relevant in
10order to prosecute a charge of criminal transmission of HIV
11under Section 12-5.01 or 12-16.2 of the Criminal Code of 1961
12against the defendant. The court shall order that the cost of
13any such test shall be paid by the county and may be taxed as
14costs against the convicted defendant.
15    (g-5) When an inmate is tested for an airborne communicable
16disease, as determined by the Illinois Department of Public
17Health including but not limited to tuberculosis, the results
18of the test shall be personally delivered by the warden or his
19or her designee in a sealed envelope to the judge of the court
20in which the inmate must appear for the judge's inspection in
21camera if requested by the judge. Acting in accordance with the
22best interests of those in the courtroom, the judge shall have
23the discretion to determine what if any precautions need to be
24taken to prevent transmission of the disease in the courtroom.
25    (h) Whenever a defendant is convicted of an offense under
26Section 1 or 2 of the Hypodermic Syringes and Needles Act, the

 

 

09700HB2582sam002- 325 -LRB097 07362 MRW 69385 a

1defendant shall undergo medical testing to determine whether
2the defendant has been exposed to human immunodeficiency virus
3(HIV) or any other identified causative agent of acquired
4immunodeficiency syndrome (AIDS). Except as otherwise provided
5by law, the results of such test shall be kept strictly
6confidential by all medical personnel involved in the testing
7and must be personally delivered in a sealed envelope to the
8judge of the court in which the conviction was entered for the
9judge's inspection in camera. Acting in accordance with the
10best interests of the public, the judge shall have the
11discretion to determine to whom, if anyone, the results of the
12testing may be revealed. The court shall notify the defendant
13of a positive test showing an infection with the human
14immunodeficiency virus (HIV). The court shall provide
15information on the availability of HIV testing and counseling
16at Department of Public Health facilities to all parties to
17whom the results of the testing are revealed and shall direct
18the State's Attorney to provide the information to the victim
19when possible. A State's Attorney may petition the court to
20obtain the results of any HIV test administered under this
21Section, and the court shall grant the disclosure if the
22State's Attorney shows it is relevant in order to prosecute a
23charge of criminal transmission of HIV under Section 12-5.01 or
2412-16.2 of the Criminal Code of 1961 against the defendant. The
25court shall order that the cost of any such test shall be paid
26by the county and may be taxed as costs against the convicted

 

 

09700HB2582sam002- 326 -LRB097 07362 MRW 69385 a

1defendant.
2    (i) All fines and penalties imposed under this Section for
3any violation of Chapters 3, 4, 6, and 11 of the Illinois
4Vehicle Code, or a similar provision of a local ordinance, and
5any violation of the Child Passenger Protection Act, or a
6similar provision of a local ordinance, shall be collected and
7disbursed by the circuit clerk as provided under Section 27.5
8of the Clerks of Courts Act.
9    (j) In cases when prosecution for any violation of Section
1011-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1111-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1211-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1311-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1412-15, or 12-16 of the Criminal Code of 1961, any violation of
15the Illinois Controlled Substances Act, any violation of the
16Cannabis Control Act, or any violation of the Methamphetamine
17Control and Community Protection Act results in conviction, a
18disposition of court supervision, or an order of probation
19granted under Section 10 of the Cannabis Control Act, Section
20410 of the Illinois Controlled Substance Act, or Section 70 of
21the Methamphetamine Control and Community Protection Act of a
22defendant, the court shall determine whether the defendant is
23employed by a facility or center as defined under the Child
24Care Act of 1969, a public or private elementary or secondary
25school, or otherwise works with children under 18 years of age
26on a daily basis. When a defendant is so employed, the court

 

 

09700HB2582sam002- 327 -LRB097 07362 MRW 69385 a

1shall order the Clerk of the Court to send a copy of the
2judgment of conviction or order of supervision or probation to
3the defendant's employer by certified mail. If the employer of
4the defendant is a school, the Clerk of the Court shall direct
5the mailing of a copy of the judgment of conviction or order of
6supervision or probation to the appropriate regional
7superintendent of schools. The regional superintendent of
8schools shall notify the State Board of Education of any
9notification under this subsection.
10    (j-5) A defendant at least 17 years of age who is convicted
11of a felony and who has not been previously convicted of a
12misdemeanor or felony and who is sentenced to a term of
13imprisonment in the Illinois Department of Corrections shall as
14a condition of his or her sentence be required by the court to
15attend educational courses designed to prepare the defendant
16for a high school diploma and to work toward a high school
17diploma or to work toward passing the high school level Test of
18General Educational Development (GED) or to work toward
19completing a vocational training program offered by the
20Department of Corrections. If a defendant fails to complete the
21educational training required by his or her sentence during the
22term of incarceration, the Prisoner Review Board shall, as a
23condition of mandatory supervised release, require the
24defendant, at his or her own expense, to pursue a course of
25study toward a high school diploma or passage of the GED test.
26The Prisoner Review Board shall revoke the mandatory supervised

 

 

09700HB2582sam002- 328 -LRB097 07362 MRW 69385 a

1release of a defendant who wilfully fails to comply with this
2subsection (j-5) upon his or her release from confinement in a
3penal institution while serving a mandatory supervised release
4term; however, the inability of the defendant after making a
5good faith effort to obtain financial aid or pay for the
6educational training shall not be deemed a wilful failure to
7comply. The Prisoner Review Board shall recommit the defendant
8whose mandatory supervised release term has been revoked under
9this subsection (j-5) as provided in Section 3-3-9. This
10subsection (j-5) does not apply to a defendant who has a high
11school diploma or has successfully passed the GED test. This
12subsection (j-5) does not apply to a defendant who is
13determined by the court to be developmentally disabled or
14otherwise mentally incapable of completing the educational or
15vocational program.
16    (k) (Blank).
17    (l) (A) Except as provided in paragraph (C) of subsection
18    (l), whenever a defendant, who is an alien as defined by
19    the Immigration and Nationality Act, is convicted of any
20    felony or misdemeanor offense, the court after sentencing
21    the defendant may, upon motion of the State's Attorney,
22    hold sentence in abeyance and remand the defendant to the
23    custody of the Attorney General of the United States or his
24    or her designated agent to be deported when:
25            (1) a final order of deportation has been issued
26        against the defendant pursuant to proceedings under

 

 

09700HB2582sam002- 329 -LRB097 07362 MRW 69385 a

1        the Immigration and Nationality Act, and
2            (2) the deportation of the defendant would not
3        deprecate the seriousness of the defendant's conduct
4        and would not be inconsistent with the ends of justice.
5        Otherwise, the defendant shall be sentenced as
6    provided in this Chapter V.
7        (B) If the defendant has already been sentenced for a
8    felony or misdemeanor offense, or has been placed on
9    probation under Section 10 of the Cannabis Control Act,
10    Section 410 of the Illinois Controlled Substances Act, or
11    Section 70 of the Methamphetamine Control and Community
12    Protection Act, the court may, upon motion of the State's
13    Attorney to suspend the sentence imposed, commit the
14    defendant to the custody of the Attorney General of the
15    United States or his or her designated agent when:
16            (1) a final order of deportation has been issued
17        against the defendant pursuant to proceedings under
18        the Immigration and Nationality Act, and
19            (2) the deportation of the defendant would not
20        deprecate the seriousness of the defendant's conduct
21        and would not be inconsistent with the ends of justice.
22        (C) This subsection (l) does not apply to offenders who
23    are subject to the provisions of paragraph (2) of
24    subsection (a) of Section 3-6-3.
25        (D) Upon motion of the State's Attorney, if a defendant
26    sentenced under this Section returns to the jurisdiction of

 

 

09700HB2582sam002- 330 -LRB097 07362 MRW 69385 a

1    the United States, the defendant shall be recommitted to
2    the custody of the county from which he or she was
3    sentenced. Thereafter, the defendant shall be brought
4    before the sentencing court, which may impose any sentence
5    that was available under Section 5-5-3 at the time of
6    initial sentencing. In addition, the defendant shall not be
7    eligible for additional good conduct credit for
8    meritorious service as provided under Section 3-6-6.
9    (m) A person convicted of criminal defacement of property
10under Section 21-1.3 of the Criminal Code of 1961, in which the
11property damage exceeds $300 and the property damaged is a
12school building, shall be ordered to perform community service
13that may include cleanup, removal, or painting over the
14defacement.
15    (n) The court may sentence a person convicted of a
16violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
17subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
18of 1961 (i) to an impact incarceration program if the person is
19otherwise eligible for that program under Section 5-8-1.1, (ii)
20to community service, or (iii) if the person is an addict or
21alcoholic, as defined in the Alcoholism and Other Drug Abuse
22and Dependency Act, to a substance or alcohol abuse program
23licensed under that Act.
24    (o) Whenever a person is convicted of a sex offense as
25defined in Section 2 of the Sex Offender Registration Act, the
26defendant's driver's license or permit shall be subject to

 

 

09700HB2582sam002- 331 -LRB097 07362 MRW 69385 a

1renewal on an annual basis in accordance with the provisions of
2license renewal established by the Secretary of State.
3(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;
496-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article
51, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,
6eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
797-159, eff. 7-21-11; revised 9-14-11.)
 
8    (730 ILCS 5/5-5-3.2)
9    Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
10Sentencing.
11    (a) The following factors shall be accorded weight in favor
12of imposing a term of imprisonment or may be considered by the
13court as reasons to impose a more severe sentence under Section
145-8-1 or Article 4.5 of Chapter V:
15        (1) the defendant's conduct caused or threatened
16    serious harm;
17        (2) the defendant received compensation for committing
18    the offense;
19        (3) the defendant has a history of prior delinquency or
20    criminal activity;
21        (4) the defendant, by the duties of his office or by
22    his position, was obliged to prevent the particular offense
23    committed or to bring the offenders committing it to
24    justice;
25        (5) the defendant held public office at the time of the

 

 

09700HB2582sam002- 332 -LRB097 07362 MRW 69385 a

1    offense, and the offense related to the conduct of that
2    office;
3        (6) the defendant utilized his professional reputation
4    or position in the community to commit the offense, or to
5    afford him an easier means of committing it;
6        (7) the sentence is necessary to deter others from
7    committing the same crime;
8        (8) the defendant committed the offense against a
9    person 60 years of age or older or such person's property;
10        (9) the defendant committed the offense against a
11    person who is physically handicapped or such person's
12    property;
13        (10) by reason of another individual's actual or
14    perceived race, color, creed, religion, ancestry, gender,
15    sexual orientation, physical or mental disability, or
16    national origin, the defendant committed the offense
17    against (i) the person or property of that individual; (ii)
18    the person or property of a person who has an association
19    with, is married to, or has a friendship with the other
20    individual; or (iii) the person or property of a relative
21    (by blood or marriage) of a person described in clause (i)
22    or (ii). For the purposes of this Section, "sexual
23    orientation" means heterosexuality, homosexuality, or
24    bisexuality;
25        (11) the offense took place in a place of worship or on
26    the grounds of a place of worship, immediately prior to,

 

 

09700HB2582sam002- 333 -LRB097 07362 MRW 69385 a

1    during or immediately following worship services. For
2    purposes of this subparagraph, "place of worship" shall
3    mean any church, synagogue or other building, structure or
4    place used primarily for religious worship;
5        (12) the defendant was convicted of a felony committed
6    while he was released on bail or his own recognizance
7    pending trial for a prior felony and was convicted of such
8    prior felony, or the defendant was convicted of a felony
9    committed while he was serving a period of probation,
10    conditional discharge, or mandatory supervised release
11    under subsection (d) of Section 5-8-1 for a prior felony;
12        (13) the defendant committed or attempted to commit a
13    felony while he was wearing a bulletproof vest. For the
14    purposes of this paragraph (13), a bulletproof vest is any
15    device which is designed for the purpose of protecting the
16    wearer from bullets, shot or other lethal projectiles;
17        (14) the defendant held a position of trust or
18    supervision such as, but not limited to, family member as
19    defined in Section 11-0.1 of the Criminal Code of 1961,
20    teacher, scout leader, baby sitter, or day care worker, in
21    relation to a victim under 18 years of age, and the
22    defendant committed an offense in violation of Section
23    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
24    11-14.4 except for an offense that involves keeping a place
25    of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
26    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15

 

 

09700HB2582sam002- 334 -LRB097 07362 MRW 69385 a

1    or 12-16 of the Criminal Code of 1961 against that victim;
2        (15) the defendant committed an offense related to the
3    activities of an organized gang. For the purposes of this
4    factor, "organized gang" has the meaning ascribed to it in
5    Section 10 of the Streetgang Terrorism Omnibus Prevention
6    Act;
7        (16) the defendant committed an offense in violation of
8    one of the following Sections while in a school, regardless
9    of the time of day or time of year; on any conveyance
10    owned, leased, or contracted by a school to transport
11    students to or from school or a school related activity; on
12    the real property of a school; or on a public way within
13    1,000 feet of the real property comprising any school:
14    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
15    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
16    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
17    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
18    18-2, or 33A-2, or Section 12-3.05 except for subdivision
19    (a)(4) or (g)(1), of the Criminal Code of 1961;
20        (16.5) the defendant committed an offense in violation
21    of one of the following Sections while in a day care
22    center, regardless of the time of day or time of year; on
23    the real property of a day care center, regardless of the
24    time of day or time of year; or on a public way within
25    1,000 feet of the real property comprising any day care
26    center, regardless of the time of day or time of year:

 

 

09700HB2582sam002- 335 -LRB097 07362 MRW 69385 a

1    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
2    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
3    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
4    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
5    18-2, or 33A-2, or Section 12-3.05 except for subdivision
6    (a)(4) or (g)(1), of the Criminal Code of 1961;
7        (17) the defendant committed the offense by reason of
8    any person's activity as a community policing volunteer or
9    to prevent any person from engaging in activity as a
10    community policing volunteer. For the purpose of this
11    Section, "community policing volunteer" has the meaning
12    ascribed to it in Section 2-3.5 of the Criminal Code of
13    1961;
14        (18) the defendant committed the offense in a nursing
15    home or on the real property comprising a nursing home. For
16    the purposes of this paragraph (18), "nursing home" means a
17    skilled nursing or intermediate long term care facility
18    that is subject to license by the Illinois Department of
19    Public Health under the Nursing Home Care Act, the
20    Specialized Mental Health Rehabilitation Act, or the ID/DD
21    Community Care Act;
22        (19) the defendant was a federally licensed firearm
23    dealer and was previously convicted of a violation of
24    subsection (a) of Section 3 of the Firearm Owners
25    Identification Card Act and has now committed either a
26    felony violation of the Firearm Owners Identification Card

 

 

09700HB2582sam002- 336 -LRB097 07362 MRW 69385 a

1    Act or an act of armed violence while armed with a firearm;
2        (20) the defendant (i) committed the offense of
3    reckless homicide under Section 9-3 of the Criminal Code of
4    1961 or the offense of driving under the influence of
5    alcohol, other drug or drugs, intoxicating compound or
6    compounds or any combination thereof under Section 11-501
7    of the Illinois Vehicle Code or a similar provision of a
8    local ordinance and (ii) was operating a motor vehicle in
9    excess of 20 miles per hour over the posted speed limit as
10    provided in Article VI of Chapter 11 of the Illinois
11    Vehicle Code;
12        (21) the defendant (i) committed the offense of
13    reckless driving or aggravated reckless driving under
14    Section 11-503 of the Illinois Vehicle Code and (ii) was
15    operating a motor vehicle in excess of 20 miles per hour
16    over the posted speed limit as provided in Article VI of
17    Chapter 11 of the Illinois Vehicle Code;
18        (22) the defendant committed the offense against a
19    person that the defendant knew, or reasonably should have
20    known, was a member of the Armed Forces of the United
21    States serving on active duty. For purposes of this clause
22    (22), the term "Armed Forces" means any of the Armed Forces
23    of the United States, including a member of any reserve
24    component thereof or National Guard unit called to active
25    duty;
26        (23) the defendant committed the offense against a

 

 

09700HB2582sam002- 337 -LRB097 07362 MRW 69385 a

1    person who was elderly, disabled, or infirm by taking
2    advantage of a family or fiduciary relationship with the
3    elderly, disabled, or infirm person;
4        (24) the defendant committed any offense under Section
5    11-20.1 of the Criminal Code of 1961 and possessed 100 or
6    more images;
7        (25) the defendant committed the offense while the
8    defendant or the victim was in a train, bus, or other
9    vehicle used for public transportation;
10        (26) the defendant committed the offense of child
11    pornography or aggravated child pornography, specifically
12    including paragraph (1), (2), (3), (4), (5), or (7) of
13    subsection (a) of Section 11-20.1 of the Criminal Code of
14    1961 where a child engaged in, solicited for, depicted in,
15    or posed in any act of sexual penetration or bound,
16    fettered, or subject to sadistic, masochistic, or
17    sadomasochistic abuse in a sexual context and specifically
18    including paragraph (1), (2), (3), (4), (5), or (7) of
19    subsection (a) of Section 11-20.3 of the Criminal Code of
20    1961 where a child engaged in, solicited for, depicted in,
21    or posed in any act of sexual penetration or bound,
22    fettered, or subject to sadistic, masochistic, or
23    sadomasochistic abuse in a sexual context; or
24        (27) the defendant committed the offense of first
25    degree murder, assault, aggravated assault, battery,
26    aggravated battery, robbery, armed robbery, or aggravated

 

 

09700HB2582sam002- 338 -LRB097 07362 MRW 69385 a

1    robbery against a person who was a veteran and the
2    defendant knew, or reasonably should have known, that the
3    person was a veteran performing duties as a representative
4    of a veterans' organization. For the purposes of this
5    paragraph (27), "veteran" means an Illinois resident who
6    has served as a member of the United States Armed Forces, a
7    member of the Illinois National Guard, or a member of the
8    United States Reserve Forces; and "veterans' organization"
9    means an organization comprised of members of which
10    substantially all are individuals who are veterans or
11    spouses, widows, or widowers of veterans, the primary
12    purpose of which is to promote the welfare of its members
13    and to provide assistance to the general public in such a
14    way as to confer a public benefit.
15    For the purposes of this Section:
16    "School" is defined as a public or private elementary or
17secondary school, community college, college, or university.
18    "Day care center" means a public or private State certified
19and licensed day care center as defined in Section 2.09 of the
20Child Care Act of 1969 that displays a sign in plain view
21stating that the property is a day care center.
22    "Public transportation" means the transportation or
23conveyance of persons by means available to the general public,
24and includes paratransit services.
25    (b) The following factors, related to all felonies, may be
26considered by the court as reasons to impose an extended term

 

 

09700HB2582sam002- 339 -LRB097 07362 MRW 69385 a

1sentence under Section 5-8-2 upon any offender:
2        (1) When a defendant is convicted of any felony, after
3    having been previously convicted in Illinois or any other
4    jurisdiction of the same or similar class felony or greater
5    class felony, when such conviction has occurred within 10
6    years after the previous conviction, excluding time spent
7    in custody, and such charges are separately brought and
8    tried and arise out of different series of acts; or
9        (2) When a defendant is convicted of any felony and the
10    court finds that the offense was accompanied by
11    exceptionally brutal or heinous behavior indicative of
12    wanton cruelty; or
13        (3) When a defendant is convicted of any felony
14    committed against:
15            (i) a person under 12 years of age at the time of
16        the offense or such person's property;
17            (ii) a person 60 years of age or older at the time
18        of the offense or such person's property; or
19            (iii) a person physically handicapped at the time
20        of the offense or such person's property; or
21        (4) When a defendant is convicted of any felony and the
22    offense involved any of the following types of specific
23    misconduct committed as part of a ceremony, rite,
24    initiation, observance, performance, practice or activity
25    of any actual or ostensible religious, fraternal, or social
26    group:

 

 

09700HB2582sam002- 340 -LRB097 07362 MRW 69385 a

1            (i) the brutalizing or torturing of humans or
2        animals;
3            (ii) the theft of human corpses;
4            (iii) the kidnapping of humans;
5            (iv) the desecration of any cemetery, religious,
6        fraternal, business, governmental, educational, or
7        other building or property; or
8            (v) ritualized abuse of a child; or
9        (5) When a defendant is convicted of a felony other
10    than conspiracy and the court finds that the felony was
11    committed under an agreement with 2 or more other persons
12    to commit that offense and the defendant, with respect to
13    the other individuals, occupied a position of organizer,
14    supervisor, financier, or any other position of management
15    or leadership, and the court further finds that the felony
16    committed was related to or in furtherance of the criminal
17    activities of an organized gang or was motivated by the
18    defendant's leadership in an organized gang; or
19        (6) When a defendant is convicted of an offense
20    committed while using a firearm with a laser sight attached
21    to it. For purposes of this paragraph, "laser sight" has
22    the meaning ascribed to it in Section 26-7 24.6-5 of the
23    Criminal Code of 1961; or
24        (7) When a defendant who was at least 17 years of age
25    at the time of the commission of the offense is convicted
26    of a felony and has been previously adjudicated a

 

 

09700HB2582sam002- 341 -LRB097 07362 MRW 69385 a

1    delinquent minor under the Juvenile Court Act of 1987 for
2    an act that if committed by an adult would be a Class X or
3    Class 1 felony when the conviction has occurred within 10
4    years after the previous adjudication, excluding time
5    spent in custody; or
6        (8) When a defendant commits any felony and the
7    defendant used, possessed, exercised control over, or
8    otherwise directed an animal to assault a law enforcement
9    officer engaged in the execution of his or her official
10    duties or in furtherance of the criminal activities of an
11    organized gang in which the defendant is engaged.
12    (c) The following factors may be considered by the court as
13reasons to impose an extended term sentence under Section 5-8-2
14(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
15        (1) When a defendant is convicted of first degree
16    murder, after having been previously convicted in Illinois
17    of any offense listed under paragraph (c)(2) of Section
18    5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
19    within 10 years after the previous conviction, excluding
20    time spent in custody, and the charges are separately
21    brought and tried and arise out of different series of
22    acts.
23        (1.5) When a defendant is convicted of first degree
24    murder, after having been previously convicted of domestic
25    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
26    (720 ILCS 5/12-3.3) committed on the same victim or after

 

 

09700HB2582sam002- 342 -LRB097 07362 MRW 69385 a

1    having been previously convicted of violation of an order
2    of protection (720 ILCS 5/12-30) in which the same victim
3    was the protected person.
4        (2) When a defendant is convicted of voluntary
5    manslaughter, second degree murder, involuntary
6    manslaughter, or reckless homicide in which the defendant
7    has been convicted of causing the death of more than one
8    individual.
9        (3) When a defendant is convicted of aggravated
10    criminal sexual assault or criminal sexual assault, when
11    there is a finding that aggravated criminal sexual assault
12    or criminal sexual assault was also committed on the same
13    victim by one or more other individuals, and the defendant
14    voluntarily participated in the crime with the knowledge of
15    the participation of the others in the crime, and the
16    commission of the crime was part of a single course of
17    conduct during which there was no substantial change in the
18    nature of the criminal objective.
19        (4) If the victim was under 18 years of age at the time
20    of the commission of the offense, when a defendant is
21    convicted of aggravated criminal sexual assault or
22    predatory criminal sexual assault of a child under
23    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
24    of Section 12-14.1 of the Criminal Code of 1961 (720 ILCS
25    5/11-1.40 or 5/12-14.1).
26        (5) When a defendant is convicted of a felony violation

 

 

09700HB2582sam002- 343 -LRB097 07362 MRW 69385 a

1    of Section 24-1 of the Criminal Code of 1961 (720 ILCS
2    5/24-1) and there is a finding that the defendant is a
3    member of an organized gang.
4        (6) When a defendant was convicted of unlawful use of
5    weapons under Section 24-1 of the Criminal Code of 1961
6    (720 ILCS 5/24-1) for possessing a weapon that is not
7    readily distinguishable as one of the weapons enumerated in
8    Section 24-1 of the Criminal Code of 1961 (720 ILCS
9    5/24-1).
10        (7) When a defendant is convicted of an offense
11    involving the illegal manufacture of a controlled
12    substance under Section 401 of the Illinois Controlled
13    Substances Act (720 ILCS 570/401), the illegal manufacture
14    of methamphetamine under Section 25 of the Methamphetamine
15    Control and Community Protection Act (720 ILCS 646/25), or
16    the illegal possession of explosives and an emergency
17    response officer in the performance of his or her duties is
18    killed or injured at the scene of the offense while
19    responding to the emergency caused by the commission of the
20    offense. In this paragraph, "emergency" means a situation
21    in which a person's life, health, or safety is in jeopardy;
22    and "emergency response officer" means a peace officer,
23    community policing volunteer, fireman, emergency medical
24    technician-ambulance, emergency medical
25    technician-intermediate, emergency medical
26    technician-paramedic, ambulance driver, other medical

 

 

09700HB2582sam002- 344 -LRB097 07362 MRW 69385 a

1    assistance or first aid personnel, or hospital emergency
2    room personnel.
3    (d) For the purposes of this Section, "organized gang" has
4the meaning ascribed to it in Section 10 of the Illinois
5Streetgang Terrorism Omnibus Prevention Act.
6    (e) The court may impose an extended term sentence under
7Article 4.5 of Chapter V upon an offender who has been
8convicted of a felony violation of Section 12-13, 12-14,
912-14.1, 12-15, or 12-16 of the Criminal Code of 1961 when the
10victim of the offense is under 18 years of age at the time of
11the commission of the offense and, during the commission of the
12offense, the victim was under the influence of alcohol,
13regardless of whether or not the alcohol was supplied by the
14offender; and the offender, at the time of the commission of
15the offense, knew or should have known that the victim had
16consumed alcohol.
17(Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328,
18eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10;
1996-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff.
201-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551,
21Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11,
2297-227, eff. 1-1-12; 97-333, eff. 8-12-11; revised 9-14-11.)
 
23    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
24    Sec. 5-5-5. Loss and Restoration of Rights.
25    (a) Conviction and disposition shall not entail the loss by

 

 

09700HB2582sam002- 345 -LRB097 07362 MRW 69385 a

1the defendant of any civil rights, except under this Section
2and Sections 29-6 and 29-10 of The Election Code, as now or
3hereafter amended.
4    (b) A person convicted of a felony shall be ineligible to
5hold an office created by the Constitution of this State until
6the completion of his sentence.
7    (c) A person sentenced to imprisonment shall lose his right
8to vote until released from imprisonment.
9    (d) On completion of sentence of imprisonment or upon
10discharge from probation, conditional discharge or periodic
11imprisonment, or at any time thereafter, all license rights and
12privileges granted under the authority of this State which have
13been revoked or suspended because of conviction of an offense
14shall be restored unless the authority having jurisdiction of
15such license rights finds after investigation and hearing that
16restoration is not in the public interest. This paragraph (d)
17shall not apply to the suspension or revocation of a license to
18operate a motor vehicle under the Illinois Vehicle Code.
19    (e) Upon a person's discharge from incarceration or parole,
20or upon a person's discharge from probation or at any time
21thereafter, the committing court may enter an order certifying
22that the sentence has been satisfactorily completed when the
23court believes it would assist in the rehabilitation of the
24person and be consistent with the public welfare. Such order
25may be entered upon the motion of the defendant or the State or
26upon the court's own motion.

 

 

09700HB2582sam002- 346 -LRB097 07362 MRW 69385 a

1    (f) Upon entry of the order, the court shall issue to the
2person in whose favor the order has been entered a certificate
3stating that his behavior after conviction has warranted the
4issuance of the order.
5    (g) This Section shall not affect the right of a defendant
6to collaterally attack his conviction or to rely on it in bar
7of subsequent proceedings for the same offense.
8    (h) No application for any license specified in subsection
9(i) of this Section granted under the authority of this State
10shall be denied by reason of an eligible offender who has
11obtained a certificate of relief from disabilities, as defined
12in Article 5.5 of this Chapter, having been previously
13convicted of one or more criminal offenses, or by reason of a
14finding of lack of "good moral character" when the finding is
15based upon the fact that the applicant has previously been
16convicted of one or more criminal offenses, unless:
17        (1) there is a direct relationship between one or more
18    of the previous criminal offenses and the specific license
19    sought; or
20        (2) the issuance of the license would involve an
21    unreasonable risk to property or to the safety or welfare
22    of specific individuals or the general public.
23    In making such a determination, the licensing agency shall
24consider the following factors:
25        (1) the public policy of this State, as expressed in
26    Article 5.5 of this Chapter, to encourage the licensure and

 

 

09700HB2582sam002- 347 -LRB097 07362 MRW 69385 a

1    employment of persons previously convicted of one or more
2    criminal offenses;
3        (2) the specific duties and responsibilities
4    necessarily related to the license being sought;
5        (3) the bearing, if any, the criminal offenses or
6    offenses for which the person was previously convicted will
7    have on his or her fitness or ability to perform one or
8    more such duties and responsibilities;
9        (4) the time which has elapsed since the occurrence of
10    the criminal offense or offenses;
11        (5) the age of the person at the time of occurrence of
12    the criminal offense or offenses;
13        (6) the seriousness of the offense or offenses;
14        (7) any information produced by the person or produced
15    on his or her behalf in regard to his or her rehabilitation
16    and good conduct, including a certificate of relief from
17    disabilities issued to the applicant, which certificate
18    shall create a presumption of rehabilitation in regard to
19    the offense or offenses specified in the certificate; and
20        (8) the legitimate interest of the licensing agency in
21    protecting property, and the safety and welfare of specific
22    individuals or the general public.
23    (i) A certificate of relief from disabilities shall be
24issued only for a license or certification issued under the
25following Acts:
26        (1) the Animal Welfare Act; except that a certificate

 

 

09700HB2582sam002- 348 -LRB097 07362 MRW 69385 a

1    of relief from disabilities may not be granted to provide
2    for the issuance or restoration of a license under the
3    Animal Welfare Act for any person convicted of violating
4    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
5    Care for Animals Act or Section 26-5 or 48-1 of the
6    Criminal Code of 1961;
7        (2) the Illinois Athletic Trainers Practice Act;
8        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
9    and Nail Technology Act of 1985;
10        (4) the Boiler and Pressure Vessel Repairer Regulation
11    Act;
12        (5) the Boxing and Full-contact Martial Arts Act;
13        (6) the Illinois Certified Shorthand Reporters Act of
14    1984;
15        (7) the Illinois Farm Labor Contractor Certification
16    Act;
17        (8) the Interior Design Title Act;
18        (9) the Illinois Professional Land Surveyor Act of
19    1989;
20        (10) the Illinois Landscape Architecture Act of 1989;
21        (11) the Marriage and Family Therapy Licensing Act;
22        (12) the Private Employment Agency Act;
23        (13) the Professional Counselor and Clinical
24    Professional Counselor Licensing Act;
25        (14) the Real Estate License Act of 2000;
26        (15) the Illinois Roofing Industry Licensing Act;

 

 

09700HB2582sam002- 349 -LRB097 07362 MRW 69385 a

1        (16) the Professional Engineering Practice Act of
2    1989;
3        (17) the Water Well and Pump Installation Contractor's
4    License Act;
5        (18) the Electrologist Licensing Act;
6        (19) the Auction License Act;
7        (20) Illinois Architecture Practice Act of 1989;
8        (21) the Dietetic and Nutrition Services Practice Act;
9        (22) the Environmental Health Practitioner Licensing
10    Act;
11        (23) the Funeral Directors and Embalmers Licensing
12    Code;
13        (24) the Land Sales Registration Act of 1999;
14        (25) the Professional Geologist Licensing Act;
15        (26) the Illinois Public Accounting Act; and
16        (27) the Structural Engineering Practice Act of 1989.
17(Source: P.A. 96-1246, eff. 1-1-11; 97-119, eff. 7-14-11.)
 
18    (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)
19    Sec. 5-6-1. Sentences of Probation and of Conditional
20Discharge and Disposition of Supervision. The General Assembly
21finds that in order to protect the public, the criminal justice
22system must compel compliance with the conditions of probation
23by responding to violations with swift, certain and fair
24punishments and intermediate sanctions. The Chief Judge of each
25circuit shall adopt a system of structured, intermediate

 

 

09700HB2582sam002- 350 -LRB097 07362 MRW 69385 a

1sanctions for violations of the terms and conditions of a
2sentence of probation, conditional discharge or disposition of
3supervision.
4    (a) Except where specifically prohibited by other
5provisions of this Code, the court shall impose a sentence of
6probation or conditional discharge upon an offender unless,
7having regard to the nature and circumstance of the offense,
8and to the history, character and condition of the offender,
9the court is of the opinion that:
10        (1) his imprisonment or periodic imprisonment is
11    necessary for the protection of the public; or
12        (2) probation or conditional discharge would deprecate
13    the seriousness of the offender's conduct and would be
14    inconsistent with the ends of justice; or
15        (3) a combination of imprisonment with concurrent or
16    consecutive probation when an offender has been admitted
17    into a drug court program under Section 20 of the Drug
18    Court Treatment Act is necessary for the protection of the
19    public and for the rehabilitation of the offender.
20    The court shall impose as a condition of a sentence of
21probation, conditional discharge, or supervision, that the
22probation agency may invoke any sanction from the list of
23intermediate sanctions adopted by the chief judge of the
24circuit court for violations of the terms and conditions of the
25sentence of probation, conditional discharge, or supervision,
26subject to the provisions of Section 5-6-4 of this Act.

 

 

09700HB2582sam002- 351 -LRB097 07362 MRW 69385 a

1    (b) The court may impose a sentence of conditional
2discharge for an offense if the court is of the opinion that
3neither a sentence of imprisonment nor of periodic imprisonment
4nor of probation supervision is appropriate.
5    (b-1) Subsections (a) and (b) of this Section do not apply
6to a defendant charged with a misdemeanor or felony under the
7Illinois Vehicle Code or reckless homicide under Section 9-3 of
8the Criminal Code of 1961 if the defendant within the past 12
9months has been convicted of or pleaded guilty to a misdemeanor
10or felony under the Illinois Vehicle Code or reckless homicide
11under Section 9-3 of the Criminal Code of 1961.
12    (c) The court may, upon a plea of guilty or a stipulation
13by the defendant of the facts supporting the charge or a
14finding of guilt, defer further proceedings and the imposition
15of a sentence, and enter an order for supervision of the
16defendant, if the defendant is not charged with: (i) a Class A
17misdemeanor, as defined by the following provisions of the
18Criminal Code of 1961: Sections 11-9.1; 12-3.2; 11-1.50 or
1912-15; 26-5; 31-1; 31-6; 31-7; paragraphs (2) and (3) of
20subsection (a) subsections (b) and (c) of Section 21-1;
21paragraph (1) through (5), (8), (10), and (11) of subsection
22(a) of Section 24-1; (ii) a Class A misdemeanor violation of
23Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
24Act; or (iii) a felony. If the defendant is not barred from
25receiving an order for supervision as provided in this
26subsection, the court may enter an order for supervision after

 

 

09700HB2582sam002- 352 -LRB097 07362 MRW 69385 a

1considering the circumstances of the offense, and the history,
2character and condition of the offender, if the court is of the
3opinion that:
4        (1) the offender is not likely to commit further
5    crimes;
6        (2) the defendant and the public would be best served
7    if the defendant were not to receive a criminal record; and
8        (3) in the best interests of justice an order of
9    supervision is more appropriate than a sentence otherwise
10    permitted under this Code.
11    (c-5) Subsections (a), (b), and (c) of this Section do not
12apply to a defendant charged with a second or subsequent
13violation of Section 6-303 of the Illinois Vehicle Code
14committed while his or her driver's license, permit or
15privileges were revoked because of a violation of Section 9-3
16of the Criminal Code of 1961, relating to the offense of
17reckless homicide, or a similar provision of a law of another
18state.
19    (d) The provisions of paragraph (c) shall not apply to a
20defendant charged with violating Section 11-501 of the Illinois
21Vehicle Code or a similar provision of a local ordinance when
22the defendant has previously been:
23        (1) convicted for a violation of Section 11-501 of the
24    Illinois Vehicle Code or a similar provision of a local
25    ordinance or any similar law or ordinance of another state;
26    or

 

 

09700HB2582sam002- 353 -LRB097 07362 MRW 69385 a

1        (2) assigned supervision for a violation of Section
2    11-501 of the Illinois Vehicle Code or a similar provision
3    of a local ordinance or any similar law or ordinance of
4    another state; or
5        (3) pleaded guilty to or stipulated to the facts
6    supporting a charge or a finding of guilty to a violation
7    of Section 11-503 of the Illinois Vehicle Code or a similar
8    provision of a local ordinance or any similar law or
9    ordinance of another state, and the plea or stipulation was
10    the result of a plea agreement.
11    The court shall consider the statement of the prosecuting
12authority with regard to the standards set forth in this
13Section.
14    (e) The provisions of paragraph (c) shall not apply to a
15defendant charged with violating Section 16-25 or 16A-3 of the
16Criminal Code of 1961 if said defendant has within the last 5
17years been:
18        (1) convicted for a violation of Section 16-25 or 16A-3
19    of the Criminal Code of 1961; or
20        (2) assigned supervision for a violation of Section
21    16-25 or 16A-3 of the Criminal Code of 1961.
22    The court shall consider the statement of the prosecuting
23authority with regard to the standards set forth in this
24Section.
25    (f) The provisions of paragraph (c) shall not apply to a
26defendant charged with violating Sections 15-111, 15-112,

 

 

09700HB2582sam002- 354 -LRB097 07362 MRW 69385 a

115-301, paragraph (b) of Section 6-104, Section 11-605, Section
211-1002.5, or Section 11-1414 of the Illinois Vehicle Code or a
3similar provision of a local ordinance.
4    (g) Except as otherwise provided in paragraph (i) of this
5Section, the provisions of paragraph (c) shall not apply to a
6defendant charged with violating Section 3-707, 3-708, 3-710,
7or 5-401.3 of the Illinois Vehicle Code or a similar provision
8of a local ordinance if the defendant has within the last 5
9years been:
10        (1) convicted for a violation of Section 3-707, 3-708,
11    3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
12    provision of a local ordinance; or
13        (2) assigned supervision for a violation of Section
14    3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
15    Code or a similar provision of a local ordinance.
16    The court shall consider the statement of the prosecuting
17authority with regard to the standards set forth in this
18Section.
19    (h) The provisions of paragraph (c) shall not apply to a
20defendant under the age of 21 years charged with violating a
21serious traffic offense as defined in Section 1-187.001 of the
22Illinois Vehicle Code:
23        (1) unless the defendant, upon payment of the fines,
24    penalties, and costs provided by law, agrees to attend and
25    successfully complete a traffic safety program approved by
26    the court under standards set by the Conference of Chief

 

 

09700HB2582sam002- 355 -LRB097 07362 MRW 69385 a

1    Circuit Judges. The accused shall be responsible for
2    payment of any traffic safety program fees. If the accused
3    fails to file a certificate of successful completion on or
4    before the termination date of the supervision order, the
5    supervision shall be summarily revoked and conviction
6    entered. The provisions of Supreme Court Rule 402 relating
7    to pleas of guilty do not apply in cases when a defendant
8    enters a guilty plea under this provision; or
9        (2) if the defendant has previously been sentenced
10    under the provisions of paragraph (c) on or after January
11    1, 1998 for any serious traffic offense as defined in
12    Section 1-187.001 of the Illinois Vehicle Code.
13    (h-1) The provisions of paragraph (c) shall not apply to a
14defendant under the age of 21 years charged with an offense
15against traffic regulations governing the movement of vehicles
16or any violation of Section 6-107 or Section 12-603.1 of the
17Illinois Vehicle Code, unless the defendant, upon payment of
18the fines, penalties, and costs provided by law, agrees to
19attend and successfully complete a traffic safety program
20approved by the court under standards set by the Conference of
21Chief Circuit Judges. The accused shall be responsible for
22payment of any traffic safety program fees. If the accused
23fails to file a certificate of successful completion on or
24before the termination date of the supervision order, the
25supervision shall be summarily revoked and conviction entered.
26The provisions of Supreme Court Rule 402 relating to pleas of

 

 

09700HB2582sam002- 356 -LRB097 07362 MRW 69385 a

1guilty do not apply in cases when a defendant enters a guilty
2plea under this provision.
3    (i) The provisions of paragraph (c) shall not apply to a
4defendant charged with violating Section 3-707 of the Illinois
5Vehicle Code or a similar provision of a local ordinance if the
6defendant has been assigned supervision for a violation of
7Section 3-707 of the Illinois Vehicle Code or a similar
8provision of a local ordinance.
9    (j) The provisions of paragraph (c) shall not apply to a
10defendant charged with violating Section 6-303 of the Illinois
11Vehicle Code or a similar provision of a local ordinance when
12the revocation or suspension was for a violation of Section
1311-501 or a similar provision of a local ordinance or a
14violation of Section 11-501.1 or paragraph (b) of Section
1511-401 of the Illinois Vehicle Code if the defendant has within
16the last 10 years been:
17        (1) convicted for a violation of Section 6-303 of the
18    Illinois Vehicle Code or a similar provision of a local
19    ordinance; or
20        (2) assigned supervision for a violation of Section
21    6-303 of the Illinois Vehicle Code or a similar provision
22    of a local ordinance.
23    (k) The provisions of paragraph (c) shall not apply to a
24defendant charged with violating any provision of the Illinois
25Vehicle Code or a similar provision of a local ordinance that
26governs the movement of vehicles if, within the 12 months

 

 

09700HB2582sam002- 357 -LRB097 07362 MRW 69385 a

1preceding the date of the defendant's arrest, the defendant has
2been assigned court supervision on 2 occasions for a violation
3that governs the movement of vehicles under the Illinois
4Vehicle Code or a similar provision of a local ordinance. The
5provisions of this paragraph (k) do not apply to a defendant
6charged with violating Section 11-501 of the Illinois Vehicle
7Code or a similar provision of a local ordinance.
8    (l) A defendant charged with violating any provision of the
9Illinois Vehicle Code or a similar provision of a local
10ordinance who receives a disposition of supervision under
11subsection (c) shall pay an additional fee of $29, to be
12collected as provided in Sections 27.5 and 27.6 of the Clerks
13of Courts Act. In addition to the $29 fee, the person shall
14also pay a fee of $6, which, if not waived by the court, shall
15be collected as provided in Sections 27.5 and 27.6 of the
16Clerks of Courts Act. The $29 fee shall be disbursed as
17provided in Section 16-104c of the Illinois Vehicle Code. If
18the $6 fee is collected, $5.50 of the fee shall be deposited
19into the Circuit Court Clerk Operation and Administrative Fund
20created by the Clerk of the Circuit Court and 50 cents of the
21fee shall be deposited into the Prisoner Review Board Vehicle
22and Equipment Fund in the State treasury.
23    (m) Any person convicted of, pleading guilty to, or placed
24on supervision for a serious traffic violation, as defined in
25Section 1-187.001 of the Illinois Vehicle Code, a violation of
26Section 11-501 of the Illinois Vehicle Code, or a violation of

 

 

09700HB2582sam002- 358 -LRB097 07362 MRW 69385 a

1a similar provision of a local ordinance shall pay an
2additional fee of $35, to be disbursed as provided in Section
316-104d of that Code.
4    This subsection (m) becomes inoperative 7 years after
5October 13, 2007 (the effective date of Public Act 95-154).
6    (n) The provisions of paragraph (c) shall not apply to any
7person under the age of 18 who commits an offense against
8traffic regulations governing the movement of vehicles or any
9violation of Section 6-107 or Section 12-603.1 of the Illinois
10Vehicle Code, except upon personal appearance of the defendant
11in court and upon the written consent of the defendant's parent
12or legal guardian, executed before the presiding judge. The
13presiding judge shall have the authority to waive this
14requirement upon the showing of good cause by the defendant.
15    (o) The provisions of paragraph (c) shall not apply to a
16defendant charged with violating Section 6-303 of the Illinois
17Vehicle Code or a similar provision of a local ordinance when
18the suspension was for a violation of Section 11-501.1 of the
19Illinois Vehicle Code and when:
20        (1) at the time of the violation of Section 11-501.1 of
21    the Illinois Vehicle Code, the defendant was a first
22    offender pursuant to Section 11-500 of the Illinois Vehicle
23    Code and the defendant failed to obtain a monitoring device
24    driving permit; or
25        (2) at the time of the violation of Section 11-501.1 of
26    the Illinois Vehicle Code, the defendant was a first

 

 

09700HB2582sam002- 359 -LRB097 07362 MRW 69385 a

1    offender pursuant to Section 11-500 of the Illinois Vehicle
2    Code, had subsequently obtained a monitoring device
3    driving permit, but was driving a vehicle not equipped with
4    a breath alcohol ignition interlock device as defined in
5    Section 1-129.1 of the Illinois Vehicle Code.
6    (p) The provisions of paragraph (c) shall not apply to a
7defendant charged with violating subsection (b) of Section
811-601.5 of the Illinois Vehicle Code or a similar provision of
9a local ordinance.
10(Source: P.A. 96-253, eff. 8-11-09; 96-286, eff. 8-11-09;
1196-328, eff. 8-11-09; 96-625, eff. 1-1-10; 96-1000, eff.
127-2-10; 96-1002, eff. 1-1-11; 96-1175, eff. 9-20-10; 96-1551,
13eff. 7-1-11; 97-333, eff. 8-12-11; 97-597, eff. 1-1-12.)
 
14    (730 ILCS 5/5-8-4)  (from Ch. 38, par. 1005-8-4)
15    Sec. 5-8-4. Concurrent and consecutive terms of
16imprisonment.
17    (a) Concurrent terms; multiple or additional sentences.
18When an Illinois court (i) imposes multiple sentences of
19imprisonment on a defendant at the same time or (ii) imposes a
20sentence of imprisonment on a defendant who is already subject
21to a sentence of imprisonment imposed by an Illinois court, a
22court of another state, or a federal court, then the sentences
23shall run concurrently unless otherwise determined by the
24Illinois court under this Section.
25    (b) Concurrent terms; misdemeanor and felony. A defendant

 

 

09700HB2582sam002- 360 -LRB097 07362 MRW 69385 a

1serving a sentence for a misdemeanor who is convicted of a
2felony and sentenced to imprisonment shall be transferred to
3the Department of Corrections, and the misdemeanor sentence
4shall be merged in and run concurrently with the felony
5sentence.
6    (c) Consecutive terms; permissive. The court may impose
7consecutive sentences in any of the following circumstances:
8        (1) If, having regard to the nature and circumstances
9    of the offense and the history and character of the
10    defendant, it is the opinion of the court that consecutive
11    sentences are required to protect the public from further
12    criminal conduct by the defendant, the basis for which the
13    court shall set forth in the record.
14        (2) If one of the offenses for which a defendant was
15    convicted was a violation of Section 32-5.2 (aggravated
16    false personation of a peace officer) of the Criminal Code
17    of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
18    (b)(5) or (b)(6) of Section 17-2 of that Code (720 ILCS
19    5/17-2) and the offense was committed in attempting or
20    committing a forcible felony.
21    (d) Consecutive terms; mandatory. The court shall impose
22consecutive sentences in each of the following circumstances:
23        (1) One of the offenses for which the defendant was
24    convicted was first degree murder or a Class X or Class 1
25    felony and the defendant inflicted severe bodily injury.
26        (2) The defendant was convicted of a violation of

 

 

09700HB2582sam002- 361 -LRB097 07362 MRW 69385 a

1    Section 11-20.1 (child pornography), 11-20.1B or 11-20.3
2    (aggravated child pornography), 11-1.20 or 12-13 (criminal
3    sexual assault), 11-1.30 or 12-14 (aggravated criminal
4    sexual assault), or 11-1.40 or 12-14.1 (predatory criminal
5    sexual assault of a child) of the Criminal Code of 1961
6    (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3, 5/11-1.20,
7    5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or 5/12-14.1).
8        (3) The defendant was convicted of armed violence based
9    upon the predicate offense of any of the following:
10    solicitation of murder, solicitation of murder for hire,
11    heinous battery as described in Section 12-4.1 or
12    subdivision (a)(2) of Section 12-3.05, aggravated battery
13    of a senior citizen as described in Section 12-4.6 or
14    subdivision (a)(4) of Section 12-3.05, criminal sexual
15    assault, a violation of subsection (g) of Section 5 of the
16    Cannabis Control Act (720 ILCS 550/5), cannabis
17    trafficking, a violation of subsection (a) of Section 401
18    of the Illinois Controlled Substances Act (720 ILCS
19    570/401), controlled substance trafficking involving a
20    Class X felony amount of controlled substance under Section
21    401 of the Illinois Controlled Substances Act (720 ILCS
22    570/401), a violation of the Methamphetamine Control and
23    Community Protection Act (720 ILCS 646/), calculated
24    criminal drug conspiracy, or streetgang criminal drug
25    conspiracy.
26        (4) The defendant was convicted of the offense of

 

 

09700HB2582sam002- 362 -LRB097 07362 MRW 69385 a

1    leaving the scene of a motor vehicle accident involving
2    death or personal injuries under Section 11-401 of the
3    Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
4    aggravated driving under the influence of alcohol, other
5    drug or drugs, or intoxicating compound or compounds, or
6    any combination thereof under Section 11-501 of the
7    Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
8    homicide under Section 9-3 of the Criminal Code of 1961
9    (720 ILCS 5/9-3), or (C) both an offense described in item
10    (A) and an offense described in item (B).
11        (5) The defendant was convicted of a violation of
12    Section 9-3.1 (concealment of homicidal death) or Section
13    12-20.5 (dismembering a human body) of the Criminal Code of
14    1961 (720 ILCS 5/9-3.1 or 5/12-20.5).
15        (5.5) The defendant was convicted of a violation of
16    Section 24-3.7 (use of a stolen firearm in the commission
17    of an offense) of the Criminal Code of 1961.
18        (6) If the defendant was in the custody of the
19    Department of Corrections at the time of the commission of
20    the offense, the sentence shall be served consecutive to
21    the sentence under which the defendant is held by the
22    Department of Corrections. If, however, the defendant is
23    sentenced to punishment by death, the sentence shall be
24    executed at such time as the court may fix without regard
25    to the sentence under which the defendant may be held by
26    the Department.

 

 

09700HB2582sam002- 363 -LRB097 07362 MRW 69385 a

1        (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
2    for escape or attempted escape shall be served consecutive
3    to the terms under which the offender is held by the
4    Department of Corrections.
5        (8) If a person charged with a felony commits a
6    separate felony while on pretrial release or in pretrial
7    detention in a county jail facility or county detention
8    facility, then the sentences imposed upon conviction of
9    these felonies shall be served consecutively regardless of
10    the order in which the judgments of conviction are entered.
11        (8.5) If a person commits a battery against a county
12    correctional officer or sheriff's employee while serving a
13    sentence or in pretrial detention in a county jail
14    facility, then the sentence imposed upon conviction of the
15    battery shall be served consecutively with the sentence
16    imposed upon conviction of the earlier misdemeanor or
17    felony, regardless of the order in which the judgments of
18    conviction are entered.
19        (9) If a person admitted to bail following conviction
20    of a felony commits a separate felony while free on bond or
21    if a person detained in a county jail facility or county
22    detention facility following conviction of a felony
23    commits a separate felony while in detention, then any
24    sentence following conviction of the separate felony shall
25    be consecutive to that of the original sentence for which
26    the defendant was on bond or detained.

 

 

09700HB2582sam002- 364 -LRB097 07362 MRW 69385 a

1        (10) If a person is found to be in possession of an
2    item of contraband, as defined in clause (c)(2) of Section
3    31A-0.1 31A-1.1 of the Criminal Code of 1961, while serving
4    a sentence in a county jail or while in pre-trial detention
5    in a county jail, the sentence imposed upon conviction for
6    the offense of possessing contraband in a penal institution
7    shall be served consecutively to the sentence imposed for
8    the offense in which the person is serving sentence in the
9    county jail or serving pretrial detention, regardless of
10    the order in which the judgments of conviction are entered.
11        (11) If a person is sentenced for a violation of bail
12    bond under Section 32-10 of the Criminal Code of 1961, any
13    sentence imposed for that violation shall be served
14    consecutive to the sentence imposed for the charge for
15    which bail had been granted and with respect to which the
16    defendant has been convicted.
17    (e) Consecutive terms; subsequent non-Illinois term. If an
18Illinois court has imposed a sentence of imprisonment on a
19defendant and the defendant is subsequently sentenced to a term
20of imprisonment by a court of another state or a federal court,
21then the Illinois sentence shall run consecutively to the
22sentence imposed by the court of the other state or the federal
23court. That same Illinois court, however, may order that the
24Illinois sentence run concurrently with the sentence imposed by
25the court of the other state or the federal court, but only if
26the defendant applies to that same Illinois court within 30

 

 

09700HB2582sam002- 365 -LRB097 07362 MRW 69385 a

1days after the sentence imposed by the court of the other state
2or the federal court is finalized.
3    (f) Consecutive terms; aggregate maximums and minimums.
4The aggregate maximum and aggregate minimum of consecutive
5sentences shall be determined as follows:
6        (1) For sentences imposed under law in effect prior to
7    February 1, 1978, the aggregate maximum of consecutive
8    sentences shall not exceed the maximum term authorized
9    under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
10    Chapter V for the 2 most serious felonies involved. The
11    aggregate minimum period of consecutive sentences shall
12    not exceed the highest minimum term authorized under
13    Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
14    V for the 2 most serious felonies involved. When sentenced
15    only for misdemeanors, a defendant shall not be
16    consecutively sentenced to more than the maximum for one
17    Class A misdemeanor.
18        (2) For sentences imposed under the law in effect on or
19    after February 1, 1978, the aggregate of consecutive
20    sentences for offenses that were committed as part of a
21    single course of conduct during which there was no
22    substantial change in the nature of the criminal objective
23    shall not exceed the sum of the maximum terms authorized
24    under Article 4.5 of Chapter V for the 2 most serious
25    felonies involved, but no such limitation shall apply for
26    offenses that were not committed as part of a single course

 

 

09700HB2582sam002- 366 -LRB097 07362 MRW 69385 a

1    of conduct during which there was no substantial change in
2    the nature of the criminal objective. When sentenced only
3    for misdemeanors, a defendant shall not be consecutively
4    sentenced to more than the maximum for one Class A
5    misdemeanor.
6    (g) Consecutive terms; manner served. In determining the
7manner in which consecutive sentences of imprisonment, one or
8more of which is for a felony, will be served, the Department
9of Corrections shall treat the defendant as though he or she
10had been committed for a single term subject to each of the
11following:
12        (1) The maximum period of a term of imprisonment shall
13    consist of the aggregate of the maximums of the imposed
14    indeterminate terms, if any, plus the aggregate of the
15    imposed determinate sentences for felonies, plus the
16    aggregate of the imposed determinate sentences for
17    misdemeanors, subject to subsection (f) of this Section.
18        (2) The parole or mandatory supervised release term
19    shall be as provided in paragraph (e) of Section 5-4.5-50
20    (730 ILCS 5/5-4.5-50) for the most serious of the offenses
21    involved.
22        (3) The minimum period of imprisonment shall be the
23    aggregate of the minimum and determinate periods of
24    imprisonment imposed by the court, subject to subsection
25    (f) of this Section.
26        (4) The defendant shall be awarded credit against the

 

 

09700HB2582sam002- 367 -LRB097 07362 MRW 69385 a

1    aggregate maximum term and the aggregate minimum term of
2    imprisonment for all time served in an institution since
3    the commission of the offense or offenses and as a
4    consequence thereof at the rate specified in Section 3-6-3
5    (730 ILCS 5/3-6-3).
6(Source: P.A. 96-190, eff. 1-1-10; 96-1000, eff. 7-2-10;
796-1200, eff. 7-22-10; 96-1551, Article 1, Section 970, eff.
87-1-11; 96-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551,
9Article 10, Section 10-150, eff. 7-1-11; 97-475, eff. 8-22-11;
10revised 9-14-11.)
 
11    Section 15-40. The Arsonist Registration Act is amended by
12changing Section 5 as follows:
 
13    (730 ILCS 148/5)
14    Sec. 5. Definitions. In this Act:
15    (a) "Arsonist" means any person who is:
16         (1) charged under Illinois law, or any substantially
17    similar federal, Uniform Code of Military Justice, sister
18    state, or foreign country law, with an arson offense, set
19    forth in subsection (b) of this Section or the attempt to
20    commit an included arson offense, and:
21            (i) is convicted of such offense or an attempt to
22        commit such offense; or
23            (ii) is found not guilty by reason of insanity of
24        such offense or an attempt to commit such offense; or

 

 

09700HB2582sam002- 368 -LRB097 07362 MRW 69385 a

1            (iii) is found not guilty by reason of insanity
2        under subsection (c) of Section 104-25 of the Code of
3        Criminal Procedure of 1963 of such offense or an
4        attempt to commit such offense; or
5            (iv) is the subject of a finding not resulting in
6        an acquittal at a hearing conducted under subsection
7        (a) of Section 104-25 of the Code of Criminal Procedure
8        of 1963 for the alleged commission or attempted
9        commission of such offense; or
10            (v) is found not guilty by reason of insanity
11        following a hearing conducted under a federal, Uniform
12        Code of Military Justice, sister state, or foreign
13        country law substantially similar to subsection (c) of
14        Section 104-25 of the Code of Criminal Procedure of
15        1963 of such offense or of the attempted commission of
16        such offense; or
17            (vi) is the subject of a finding not resulting in
18        an acquittal at a hearing conducted under a federal,
19        Uniform Code of Military Justice, sister state, or
20        foreign country law substantially similar to
21        subsection (a) of Section 104-25 of the Code of
22        Criminal Procedure of 1963 for the alleged violation or
23        attempted commission of such offense;
24        (2) is a minor who has been tried and convicted in an
25    adult criminal prosecution as the result of committing or
26    attempting to commit an offense specified in subsection (b)

 

 

09700HB2582sam002- 369 -LRB097 07362 MRW 69385 a

1    of this Section or a violation of any substantially similar
2    federal, Uniform Code of Military Justice, sister state, or
3    foreign country law. Convictions that result from or are
4    connected with the same act, or result from offenses
5    committed at the same time, shall be counted for the
6    purpose of this Act as one conviction. Any conviction set
7    aside under law is not a conviction for purposes of this
8    Act.
9    (b) "Arson offense" means:
10        (1) A violation of any of the following Sections of the
11    Criminal Code of 1961:
12            (i) 20-1 (arson),
13            (ii) 20-1.1 (aggravated arson),
14            (iii) 20-1(b) or 20-1.2 (residential arson),
15            (iv) 20-1(b-5) or 20-1.3 (place of worship arson),
16            (v) 20-2 (possession of explosives or explosive or
17        incendiary devices), or    
18            (vi) An attempt to commit any of the offenses
19        listed in clauses (i) through (v).
20        (2) A violation of any former law of this State
21    substantially equivalent to any offense listed in
22    subsection (b) of this Section.
23    (c) A conviction for an offense of federal law, Uniform
24Code of Military Justice, or the law of another state or a
25foreign country that is substantially equivalent to any offense
26listed in subsection (b) of this Section shall constitute a

 

 

09700HB2582sam002- 370 -LRB097 07362 MRW 69385 a

1conviction for the purpose of this Act.
2    (d) "Law enforcement agency having jurisdiction" means the
3Chief of Police in each of the municipalities in which the
4arsonist expects to reside, work, or attend school (1) upon his
5or her discharge, parole or release or (2) during the service
6of his or her sentence of probation or conditional discharge,
7or the Sheriff of the county, in the event no Police Chief
8exists or if the offender intends to reside, work, or attend
9school in an unincorporated area. "Law enforcement agency
10having jurisdiction" includes the location where out-of-state
11students attend school and where out-of-state employees are
12employed or are otherwise required to register.
13    (e) "Out-of-state student" means any arsonist, as defined
14in this Section, who is enrolled in Illinois, on a full-time or
15part-time basis, in any public or private educational
16institution, including, but not limited to, any secondary
17school, trade or professional institution, or institution of
18higher learning.
19    (f) "Out-of-state employee" means any arsonist, as defined
20in this Section, who works in Illinois, regardless of whether
21the individual receives payment for services performed, for a
22period of time of 10 or more days or for an aggregate period of
23time of 30 or more days during any calendar year. Persons who
24operate motor vehicles in the State accrue one day of
25employment time for any portion of a day spent in Illinois.
26    (g) "I-CLEAR" means the Illinois Citizens and Law

 

 

09700HB2582sam002- 371 -LRB097 07362 MRW 69385 a

1Enforcement Analysis and Reporting System.
2(Source: P.A. 93-949, eff. 1-1-05.)
 
3    Section 15-45. The Murderer and Violent Offender Against
4Youth Registration Act is amended by changing Section 5 as
5follows:
 
6    (730 ILCS 154/5)
7    Sec. 5. Definitions.
8    (a) As used in this Act, "violent offender against youth"
9means any person who is:
10        (1) charged pursuant to Illinois law, or any
11    substantially similar federal, Uniform Code of Military
12    Justice, sister state, or foreign country law, with a
13    violent offense against youth set forth in subsection (b)
14    of this Section or the attempt to commit an included
15    violent offense against youth, and:
16            (A) is convicted of such offense or an attempt to
17        commit such offense; or
18            (B) is found not guilty by reason of insanity of
19        such offense or an attempt to commit such offense; or
20            (C) is found not guilty by reason of insanity
21        pursuant to subsection (c) of Section 104-25 of the
22        Code of Criminal Procedure of 1963 of such offense or
23        an attempt to commit such offense; or
24            (D) is the subject of a finding not resulting in an

 

 

09700HB2582sam002- 372 -LRB097 07362 MRW 69385 a

1        acquittal at a hearing conducted pursuant to
2        subsection (a) of Section 104-25 of the Code of
3        Criminal Procedure of 1963 for the alleged commission
4        or attempted commission of such offense; or
5            (E) is found not guilty by reason of insanity
6        following a hearing conducted pursuant to a federal,
7        Uniform Code of Military Justice, sister state, or
8        foreign country law substantially similar to
9        subsection (c) of Section 104-25 of the Code of
10        Criminal Procedure of 1963 of such offense or of the
11        attempted commission of such offense; or
12            (F) is the subject of a finding not resulting in an
13        acquittal at a hearing conducted pursuant to a federal,
14        Uniform Code of Military Justice, sister state, or
15        foreign country law substantially similar to
16        subsection (c) of Section 104-25 of the Code of
17        Criminal Procedure of 1963 for the alleged violation or
18        attempted commission of such offense; or
19        (2) adjudicated a juvenile delinquent as the result of
20    committing or attempting to commit an act which, if
21    committed by an adult, would constitute any of the offenses
22    specified in subsection (b) or (c-5) of this Section or a
23    violation of any substantially similar federal, Uniform
24    Code of Military Justice, sister state, or foreign country
25    law, or found guilty under Article V of the Juvenile Court
26    Act of 1987 of committing or attempting to commit an act

 

 

09700HB2582sam002- 373 -LRB097 07362 MRW 69385 a

1    which, if committed by an adult, would constitute any of
2    the offenses specified in subsection (b) or (c-5) of this
3    Section or a violation of any substantially similar
4    federal, Uniform Code of Military Justice, sister state, or
5    foreign country law.
6    Convictions that result from or are connected with the same
7act, or result from offenses committed at the same time, shall
8be counted for the purpose of this Act as one conviction. Any
9conviction set aside pursuant to law is not a conviction for
10purposes of this Act.
11     For purposes of this Section, "convicted" shall have the
12same meaning as "adjudicated". For the purposes of this Act, a
13person who is defined as a violent offender against youth as a
14result of being adjudicated a juvenile delinquent under
15paragraph (2) of this subsection (a) upon attaining 17 years of
16age shall be considered as having committed the violent offense
17against youth on or after the 17th birthday of the violent
18offender against youth. Registration of juveniles upon
19attaining 17 years of age shall not extend the original
20registration of 10 years from the date of conviction.
21    (b) As used in this Act, "violent offense against youth"
22means:
23        (1) A violation of any of the following Sections of the
24    Criminal Code of 1961, when the victim is a person under 18
25    years of age and the offense was committed on or after
26    January 1, 1996:

 

 

09700HB2582sam002- 374 -LRB097 07362 MRW 69385 a

1            10-1 (kidnapping),
2            10-2 (aggravated kidnapping),
3            10-3 (unlawful restraint),
4            10-3.1 (aggravated unlawful restraint).
5            An attempt to commit any of these offenses.
6        (2) First degree murder under Section 9-1 of the
7    Criminal Code of 1961, when the victim was a person under
8    18 years of age and the defendant was at least 17 years of
9    age at the time of the commission of the offense.
10        (3) Child abduction under paragraph (10) of subsection
11    (b) of Section 10-5 of the Criminal Code of 1961 committed
12    by luring or attempting to lure a child under the age of 16
13    into a motor vehicle, building, house trailer, or dwelling
14    place without the consent of the parent or lawful custodian
15    of the child for other than a lawful purpose and the
16    offense was committed on or after January 1, 1998.
17        (4) A violation or attempted violation of the following
18    Section of the Criminal Code of 1961 when the offense was
19    committed on or after July 1, 1999:
20            10-4 (forcible detention, if the victim is under 18
21        years of age).
22        (4.1) Involuntary manslaughter under Section 9-3 of
23    the Criminal Code of 1961 where baby shaking was the
24    proximate cause of death of the victim of the offense.
25        (4.2) Endangering the life or health of a child under
26    Section 12-21.6 of the Criminal Code of 1961 that results

 

 

09700HB2582sam002- 375 -LRB097 07362 MRW 69385 a

1    in the death of the child where baby shaking was the
2    proximate cause of the death of the child.
3        (4.3) Domestic battery resulting in bodily harm under
4    Section 12-3.2 of the Criminal Code of 1961 when the
5    defendant was 18 years or older and the victim was under 18
6    years of age and the offense was committed on or after July
7    26, 2010.
8        (4.4) A violation or attempted violation of any of the
9    following Sections or clauses of the Criminal Code of 1961
10    when the victim was under 18 years of age and the offense
11    was committed on or after (1) July 26, 2000 if the
12    defendant was 18 years of age or older or (2) July 26, 2010
13    and the defendant was under the age of 18:
14            12-3.3 (aggravated domestic battery),
15            12-3.05(a)(1), 12-3.05(d)(2), 12-3.05(f)(1),
16        12-4(a), 12-4(b)(1) or 12-4(b)(14) (aggravated
17        battery),
18            12-3.05(a)(2) or 12-4.1 (heinous battery),
19            12-3.05(b) or 12-4.3 (aggravated battery of a
20        child),
21            12-3.1(a-5) or 12-4.4 (aggravated battery of an
22        unborn child),
23            12-33 (ritualized abuse of a child).
24        (4.5) A violation or attempted violation of any of the
25    following Sections of the Criminal Code of 1961 when the
26    victim was under 18 years of age and the offense was

 

 

09700HB2582sam002- 376 -LRB097 07362 MRW 69385 a

1    committed on or after (1) August 1, 2001 if the defendant
2    was 18 years of age or older or (2) August 1, 2011 and the
3    defendant was under the age of 18:
4            12-3.05(e)(1), (2), (3), or (4) or 12-4.2
5        (aggravated battery with a firearm),
6            12-3.05(e)(5), (6), (7), or (8) or 12-4.2-5
7        (aggravated battery with a machine gun),
8            12-11 or 19-6 (home invasion).
9        (5) A violation of any former law of this State
10    substantially equivalent to any offense listed in this
11    subsection (b).
12    (b-5) For the purposes of this Section, "first degree
13murder of an adult" means first degree murder under Section 9-1
14of the Criminal Code of 1961 when the victim was a person 18
15years of age or older at the time of the commission of the
16offense.
17    (c) A conviction for an offense of federal law, Uniform
18Code of Military Justice, or the law of another state or a
19foreign country that is substantially equivalent to any offense
20listed in subsections (b) and (c-5) of this Section shall
21constitute a conviction for the purpose of this Act.
22    (c-5) A person at least 17 years of age at the time of the
23commission of the offense who is convicted of first degree
24murder under Section 9-1 of the Criminal Code of 1961, against
25a person under 18 years of age, shall be required to register
26for natural life. A conviction for an offense of federal,

 

 

09700HB2582sam002- 377 -LRB097 07362 MRW 69385 a

1Uniform Code of Military Justice, sister state, or foreign
2country law that is substantially equivalent to any offense
3listed in this subsection (c-5) shall constitute a conviction
4for the purpose of this Act. This subsection (c-5) applies to a
5person who committed the offense before June 1, 1996 only if
6the person is incarcerated in an Illinois Department of
7Corrections facility on August 20, 2004.
8    (c-6) A person who is convicted or adjudicated delinquent
9of first degree murder of an adult shall be required to
10register for a period of 10 years after conviction or
11adjudication if not confined to a penal institution, hospital,
12or any other institution or facility, and if confined, for a
13period of 10 years after parole, discharge, or release from any
14such facility. A conviction for an offense of federal, Uniform
15Code of Military Justice, sister state, or foreign country law
16that is substantially equivalent to any offense listed in
17subsection (c-6) of this Section shall constitute a conviction
18for the purpose of this Act. This subsection (c-6) does not
19apply to those individuals released from incarceration more
20than 10 years prior to January 1, 2012 (the effective date of
21Public Act 97-154) this amendatory Act of the 97th General
22Assembly.
23    (d) As used in this Act, "law enforcement agency having
24jurisdiction" means the Chief of Police in each of the
25municipalities in which the violent offender against youth
26expects to reside, work, or attend school (1) upon his or her

 

 

09700HB2582sam002- 378 -LRB097 07362 MRW 69385 a

1discharge, parole or release or (2) during the service of his
2or her sentence of probation or conditional discharge, or the
3Sheriff of the county, in the event no Police Chief exists or
4if the offender intends to reside, work, or attend school in an
5unincorporated area. "Law enforcement agency having
6jurisdiction" includes the location where out-of-state
7students attend school and where out-of-state employees are
8employed or are otherwise required to register.
9    (e) As used in this Act, "supervising officer" means the
10assigned Illinois Department of Corrections parole agent or
11county probation officer.
12    (f) As used in this Act, "out-of-state student" means any
13violent offender against youth who is enrolled in Illinois, on
14a full-time or part-time basis, in any public or private
15educational institution, including, but not limited to, any
16secondary school, trade or professional institution, or
17institution of higher learning.
18    (g) As used in this Act, "out-of-state employee" means any
19violent offender against youth who works in Illinois,
20regardless of whether the individual receives payment for
21services performed, for a period of time of 10 or more days or
22for an aggregate period of time of 30 or more days during any
23calendar year. Persons who operate motor vehicles in the State
24accrue one day of employment time for any portion of a day
25spent in Illinois.
26    (h) As used in this Act, "school" means any public or

 

 

09700HB2582sam002- 379 -LRB097 07362 MRW 69385 a

1private educational institution, including, but not limited
2to, any elementary or secondary school, trade or professional
3institution, or institution of higher education.
4    (i) As used in this Act, "fixed residence" means any and
5all places that a violent offender against youth resides for an
6aggregate period of time of 5 or more days in a calendar year.
7    (j) As used in this Act, "baby shaking" means the vigorous
8shaking of an infant or a young child that may result in
9bleeding inside the head and cause one or more of the following
10conditions: irreversible brain damage; blindness, retinal
11hemorrhage, or eye damage; cerebral palsy; hearing loss; spinal
12cord injury, including paralysis; seizures; learning
13disability; central nervous system injury; closed head injury;
14rib fracture; subdural hematoma; or death.
15(Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10;
1697-154, eff. 1-1-12; 97-333, eff. 8-12-11; 97-432, eff.
178-16-11; revised 10-4-11.)
 
18
ARTICLE 20.

 
19    (720 ILCS 110/Act rep.)
20    Section 20-1. The Communications Consumer Privacy Act is
21repealed.
 
22    (720 ILCS 125/Act rep.)
23    Section 20-2. The Hunter and Fishermen Interference

 

 

09700HB2582sam002- 380 -LRB097 07362 MRW 69385 a

1Prohibition Act is repealed.
 
2    (720 ILCS 135/Act rep.)
3    Section 20-3. The Harassing and Obscene Communications Act
4is repealed.
 
5    (720 ILCS 210/Act rep.)
6    Section 20-6. The Animal Registration Under False
7Pretenses Act is repealed.
 
8    (720 ILCS 215/Act rep.)
9    Section 20-7. The Animal Research and Production
10Facilities Protection Act is repealed.
 
11    (720 ILCS 230/Act rep.)
12    Section 20-16. The Business Use of Military Terms Act is
13repealed.
 
14    (720 ILCS 310/Act rep.)
15    Section 20-21. The Governmental Uneconomic Practices Act
16is repealed.
 
17    (720 ILCS 315/Act rep.)
18    Section 20-22. The Horse Mutilation Act is repealed.
 
19    (720 ILCS 320/Act rep.)

 

 

09700HB2582sam002- 381 -LRB097 07362 MRW 69385 a

1    Section 20-23. The Horse Racing False Entries Act is
2repealed.
 
3    (720 ILCS 340/Act rep.)
4    Section 20-26. The Sale of Maps Act is repealed.
 
5    (720 ILCS 355/Act rep.)
6    Section 20-36. The Stallion and Jack Pedigree Act is
7repealed.
 
8    (720 ILCS 395/Act rep.)
9    Section 20-46. The Video Movie Sales and Rentals Act is
10repealed.
 
11    (720 ILCS 535/Act rep.)
12    Section 20-56. The Air Rifle Act is repealed.
 
13    (720 ILCS 540/Act rep.)
14    Section 20-57. The Bail Bond False Statement Act is
15repealed.
 
16    (720 ILCS 565/Act rep.)
17    Section 20-61. The Container Label Obliteration Act is
18repealed.
 
19    (720 ILCS 585/Act rep.)

 

 

09700HB2582sam002- 382 -LRB097 07362 MRW 69385 a

1    Section 20-62. The Illinois Dangerous Animals Act is
2repealed.
 
3    (720 ILCS 595/Act rep.)
4    Section 20-63. The Draft Card Mutilation Act is repealed.
 
5    (720 ILCS 610/Act rep.)
6    Section 20-65. The Feeding Garbage to Animals Act is
7repealed.
 
8    (720 ILCS 620/Act rep.)
9    Section 20-67. The Flag Desecration Act is repealed.
 
10    (720 ILCS 630/Act rep.)
11    Section 20-71. The Guide Dog Access Act is repealed.
 
12    (720 ILCS 645/Act rep.)
13    Section 20-72. The Legislative Misconduct Act is repealed.
 
14
ARTICLE 99.

 
15    Section 99-5. Illinois Compiled Statutes reassignment.
16    The Legislative Reference Bureau shall reassign the
17following Acts to the specified locations in the Illinois
18Compiled Statutes and file appropriate documents with the Index
19Division of the Office of the Secretary of State in accordance

 

 

09700HB2582sam002- 383 -LRB097 07362 MRW 69385 a

1with subsection (c) of Section 5.04 of the Legislative
2Reference Bureau Act:
3        The Taxpreparer Disclosure of Information Act,
4    reassigned from 720 ILCS 140/ to 815 ILCS 535/.
5        The Aircraft Crash Parts Act, reassigned from 720 ILCS
6    205/ to 620 ILCS 70/.
7        The Appliance Tag Act, reassigned from 720 ILCS 220/ to
8    815 ILCS 302/.
9        The Auction Sales Sign Act, reassigned from 720 ILCS
10    225/ to 815 ILCS 303/.
11        The Loan Advertising to Bankrupts Act, reassigned from
12    720 ILCS 330/ to 815 ILCS 185/.
13        The Sale or Pledge of Goods by Minors Act, reassigned
14    from 720 ILCS 345/ to 815 ILCS 407/.
15        The Sale Price Ad Act, reassigned from 720 ILCS 350/ to
16    815 ILCS 408/.
17        The Ticket Sale and Resale Act, reassigned from 720
18    ILCS 375/ to 815 ILCS 414/.
19        The Title Page Act, reassigned from 720 ILCS 380/ to
20    815 ILCS 417/.
21        The Uneconomic Practices Act, reassigned from 720 ILCS
22    385/ to 815 ILCS 423/.
23        The Wild Plant Conservation Act, reassigned from 720
24    ILCS 400/ to 525 ILCS 47/.
25        The Abandoned Refrigerator Act, reassigned from 720
26    ILCS 505/ to 430 ILCS 150/.

 

 

09700HB2582sam002- 384 -LRB097 07362 MRW 69385 a

1        The Aerial Exhibitors Safety Act, reassigned from 720
2    ILCS 530/ to 820 ILCS 270/.
3        The Illinois Clean Public Elevator Air Act, reassigned
4    from 720 ILCS 560/ to 410 ILCS 83/.
5        The Excavation Fence Act, reassigned from 720 ILCS 605/
6    to 430 ILCS 165/.
7        The Fire Extinguisher Service Act, reassigned from 720
8    ILCS 615/ to 425 ILCS 17/.
9        The Grain Coloring Act, reassigned from 720 ILCS 625/
10    to 505 ILCS 86/.
11        The Nitroglycerin Transportation Act, reassigned from
12    720 ILCS 650/ to 430 ILCS 32/.
13        The Outdoor Lighting Installation Act, reassigned from
14    720 ILCS 655/ to 430/ ILCS 155.
15        The Party Line Emergency Act, reassigned from 720 ILCS
16    660/ to 220 ILCS 66/.
17        The Peephole Installation Act, reassigned from 720
18    ILCS 665/ to 430 ILCS 160/.
19        The Retail Sale and Distribution of Novelty Lighters
20    Prohibition Act, reassigned from 720 ILCS 668/ to 815 ILCS
21    406/.
 
22    Section 99-10. No acceleration or delay. Where this Act
23makes changes in a statute that is represented in this Act by
24text that is not yet or no longer in effect (for example, a
25Section represented by multiple versions), the use of that text

 

 

09700HB2582sam002- 385 -LRB097 07362 MRW 69385 a

1does not accelerate or delay the taking effect of (i) the
2changes made by this Act or (ii) provisions derived from any
3other Public Act.".