Rep. Elgie R. Sims, Jr.

Filed: 5/30/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1747

2    AMENDMENT NO. ______. Amend Senate Bill 1747 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the Gun
5Violence Intervention Court Act.
 
6    Section 5. Purpose. The General Assembly recognizes the
7effectiveness of nationally-recognized gun violence
8intervention programs targeting and identifying high-risk,
9potentially violent offenders, and more importantly, those who
10play a leadership role in collective groups of high-risk,
11potentially violent offenders in reducing violent crime and
12creating a positive impact upon recidivism. Collaboration
13between local, State and federal law enforcement and
14prosecutorial agencies, as well as social service groups,
15community organizations, job training agencies, and
16educational partnerships to communicate to certain instigators

 

 

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1of violence that the behavior will not be tolerated, and
2evoking an immediate and intense response in which those
3admonishments are not adhered to. In addition, and most
4importantly, offering clear alternatives to promote and
5incentivize job training and education programming to diminish
6violence in communities across Illinois. To monitor the
7progress of the offenders, this Act hereby creates a
8specialized gun violence intervention court model for local
9jurisdictions in this State to identify and communicate a zero
10tolerance policy for violent gun crime, while offering social
11service and community outreach to promote education and job
12training, positively affecting recidivism rates, and long-term
13anti-violence goals.
 
14    Section 10. Definitions. As used in this Act:
15    "Call-in" means targeted communication on behalf of a law
16enforcement agency participating in gun violence intervention
17court with a high-risk, potentially violent offender or group
18of offenders, advising the persons of the consequences of
19continued illegal behavior while offering alternatives to
20promote non-criminal behavior.
21    "Combination gun court program" means a gun court program
22that involves a pre-adjudicatory gun court program and a
23post-adjudicatory gun court program.
24    "Department" means the Department of Corrections.
25    "Gun violence intervention court", "gun court", or

 

 

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1"program" means an immediate and highly structured criminal
2justice process by which law enforcement agencies collaborate
3with local community organizations to identify particularly
4high-risk violent offenders, and high-risk violent offenders
5within groups of violent offenders, and communicate potential
6sanctions for the continuance of certain illegal behaviors. As
7part of the intervention, alternatives to violent behavior are
8presented, such as job training, education, and counseling
9services. If violent behaviors continue resulting in violation
10of gun court program conditions, the offender is entered into
11an intensive and specialized prosecution and court call, in
12which prior warnings of criminal sanction are carried out. If
13incarceration is entered as part of the disposition, social
14service and educational programs are offered in order to
15promote positive behavioral change, along with continued
16monitoring and services during periods of mandatory supervised
17release.
18    "Gun violence intervention professional" means a member of
19the gun court team, including, but not limited to, a judge,
20prosecutor, defense attorney, probation officer, coordinator,
21treatment provider, educator, or behavioral or mental health
22counselor.
23    "Post-adjudicatory gun court program" means a program in
24which the defendant has admitted guilt, or has been found
25guilty, and the court agrees to permit the defendant to receive
26specialized programming while serving his or her sentence.

 

 

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1    "Pre-adjudicatory gun court program" means a program that
2allows the defendant, with the consent of the prosecution, to
3expedite the defendant's criminal case before conviction or
4before filing of a criminal case and requires successful
5completion of individualized programming as part of the
6agreement.
 
7    Section 15. Authorization. The Chief Judge of each judicial
8circuit may establish a gun violence intervention court, and if
9the gun court is established, shall implement the gun court and
10enter dispositions under this Act.
 
11    Section 20. Eligibility.
12    (a) A defendant may be admitted into a pre-adjudicatory gun
13court program at the recommendation of a local, State, or
14federal law enforcement agency which has participated in a
15call-in with the defendant, with the agreement of the
16prosecutor and with the approval of the court, for any
17violation under Article 24 of the Criminal Code of 2012, upon
18agreement of the defendant to enter into a pre-adjudicatory gun
19court program.
20    (b) A defendant may be admitted into a post-adjudicatory
21gun court program at the recommendation of a local, State, or
22federal law enforcement agency which has participated in a
23call-in with the defendant, with the agreement of the
24prosecutor and with the approval of the court, for a violation

 

 

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1under Section 24-1.8, subsection (a) of Section 24-1.1,
2paragraph (2), (3), (4), (5), or (6) of subsection (a) of
3Section 24-1.2, or a Class 2 or greater felony under Section
424-1.6 of the Criminal Code of 2012, whether or not the
5defendant agrees to be entered into a post-adjudicatory gun
6court program.
7    (c) A defendant may be admitted into a combination gun
8court program if during a pre-adjudicatory gun court program
9under subsection (a) of this Section, he or she commits an
10offense under subsection (b) of this Section.
 
11    Section 25. Pre-adjudicatory gun court program procedure.
12    (a) The court shall order an eligibility screening and an
13assessment of the defendant by a team of gun court
14professionals. The assessment shall include an individualized
15risk assessment of the offender. The assessment shall also
16identify community cooperatives that can assist with job
17training, job placement, educational opportunities, or mental
18health and behavioral counseling, if appropriate. The gun court
19professionals shall submit a series of recommendations for
20programming, and individualized monitoring and court
21scheduling to ensure compliance with the recommended
22programming.
23    (b) The court shall inform the defendant that if he or she
24fails to meet the conditions of the gun court program,
25eligibility to participate in the program may be revoked and

 

 

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1the prosecution shall continue for the underlying violation.
2    (c) The defendant shall execute a written and oral
3agreement as to his or her participation in the program and
4shall agree to all conditions of the program, including, but
5not limited to, compliance with monitoring, court appearances,
6job training, education training, or substance abuse,
7behavioral health or mental health counseling as an outpatient,
8inpatient, residential, or jail-based custodial treatment
9program, and including, but not limited to, sanctions or
10incarceration for failing to abide or comply with the terms of
11the program.
12    (d) The gun court program shall include a regimen of
13graduated requirements and rewards and sanctions, including,
14but not limited to: fines, fees, costs, restitution,
15incarceration of up to 180 days, individual and group therapy,
16drug analysis testing, close monitoring by the court at a
17minimum of once every 30 days and supervision of progress,
18educational or vocational counseling as appropriate, and other
19requirements necessary to fulfill the gun court program at the
20recommendation of the gun court professionals.
21    (e) If the court finds from the evidence presented
22including, but not limited, to the reports or proffers of proof
23from the gun court professionals that:
24        (1) the defendant is not performing satisfactorily in
25    the assigned program;
26        (2) the defendant is not benefitting from education,

 

 

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1    treatment, or rehabilitation;
2        (3) the defendant has engaged in criminal conduct
3    rendering him or her unsuitable for the program; or
4        (4) the defendant has otherwise violated the terms and
5    conditions of the program or his or her sentence or is for
6    any reason unable to participate; the court may impose
7    reasonable sanctions under prior written agreement of the
8    defendant, including, but not limited to, imprisonment or
9    dismissal of the defendant from the program and the court
10    may conduct criminal proceedings against him or her or
11    proceed under Section 5-6-4 of the Unified Code of
12    Corrections for a violation of probation, conditional
13    discharge, or supervision hearing.
14    (f) If the defendant successfully completes the
15pre-adjudicatory gun court program, the court may consider this
16at sentencing.
 
17    Section 30. Post-adjudicatory gun court program.
18    (a) The gun court may permit the prosecution for any
19violation under subsection (b) of Section 20 of this Act to
20proceed under this Act.
21    (b) If a person is found guilty of a violation under
22subsection (b) of Section 20 of this Act, the court may order
23an eligibility screening and assessment of the defendant. The
24assessment shall include an individualized risk assessment of
25the offender. The assessment shall also identify community

 

 

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1cooperatives that can assist with job training, job placement,
2educational opportunities, or mental health and behavioral
3counseling, when appropriate. The gun court professionals
4shall submit a series of recommendations for programming, and
5individualized monitoring and court scheduling to ensure
6compliance with the recommended programming. The assessment
7shall include programming recommendations for the defendant
8while incarcerated, and upon release and reentry into society.
 
9    Section 35. Education seminars for judges. The
10Administrative Office of the Illinois Courts may conduct
11education seminars throughout this State on how to operate gun
12court programs under this Act.
 
13    Section 105. The Department of State Police Law of the
14Civil Administrative Code of Illinois is amended by adding
15Section 2605-51 as follows:
 
16    (20 ILCS 2605/2605-51 new)
17    Sec. 2605-51. Sex Offenses and Sex Offender Registration
18Task Force.
19    (a) The General Assembly acknowledges that numerous
20criminal offenses that are categorized as sex offenses are
21serious crimes that affect some of the most vulnerable victims.
22        (1) The Sex Offender Database was created as a
23    statewide database for the purpose of making information

 

 

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1    regarding sex offenders publicly available so that victims
2    may be aware of released offenders and law enforcement may
3    have a tool to identify potential perpetrators of current
4    offenses. In addition to the Registry, sex offenders may be
5    subject to specific conditions and prohibitions for a
6    period after the person's release from imprisonment that
7    restricts where the person may reside, travel, and work.
8        (2) The General Assembly recognizes that the current
9    Sex Offender Database and sex offender restrictions do not
10    assess or differentiate based upon the specific risks of
11    each offender, potential threat to public safety, or an
12    offender's likelihood of reoffending.
13        (3) The General Assembly believes that a Task Force
14    should be created to ensure that law enforcement and
15    communities are able to identify the high-risk sex
16    offenders and focus on monitoring those offenders to
17    protect victims, improve public safety, and maintain the
18    seriousness of each offense.
19    (b) Sex Offenses and Sex Offender Registration Task Force.
20        (1) The Sex Offenses and Sex Offender Registration Task
21    Force is created to examine current offenses that require
22    offenders to register as sex offenders, conditions and
23    restrictions for registered sex offenders, and the
24    registration process.
25        (2) The Task Force shall hold public hearings at the
26    call of the co-chairpersons to receive testimony from the

 

 

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1    public and make recommendations to the General Assembly
2    regarding legislative changes to more effectively classify
3    sex offenders based on their level of risk of re-offending,
4    better direct resources to monitor the most violent and
5    high risk offenders, and to ensure public safety.
6        (3) The Task Force shall be an independent Task Force
7    under the Department of State Police for administrative
8    purposes, and shall consist of the following members:
9            (A) the Director of Corrections, or his or her
10        designee;
11            (B) 2 members of the House of Representatives
12        appointed by the Speaker of the House of
13        Representatives, one of whom shall serve as
14        co-chairperson;
15            (C) 2 members of the Senate appointed by the
16        President of the Senate, one of whom shall serve as a
17        co-chairperson;
18            (D) a member of the Senate appointed by the
19        Minority Leader of the Senate;
20            (E) a member of the House of Representatives
21        appointed by the Minority Leader of the House of
22        Representatives;
23            (F) the Director of State Police, or his or her
24        designee;
25            (G) the Superintendent of the Chicago Police
26        Department, or his or her designee;

 

 

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1            (H) the Chairperson of the Juvenile Justice
2        Commission, or his or her designee;
3            (I) a representative of a statewide organization
4        against sexual assault, appointed by the Director of
5        State Police;
6            (J) a representative of a statewide organization
7        representing probation and court services agencies in
8        Illinois, appointed by the Director of State Police;
9        and
10            (K) a representative of a statewide organization
11        representing Illinois sheriffs, appointed by the
12        Director of State Police;
13            (L) a representative of a statewide organization
14        representing Illinois police chiefs, appointed by the
15        Director of State Police;
16            (M) 2 State's Attorneys to be appointed by the
17        members of the Task Force; and
18            (N) 2 sex offender treatment providers, appointed
19        by the Director of State Police.
20    (c) The Task Force shall submit a written report of its
21findings and recommendations to the General Assembly on or
22before January 1, 2017.
23    (d) This Section is repealed on January 1, 2018.
 
24    Section 110. The Criminal Identification Act is amended by
25changing Sections 3.1 and 5.2 as follows:
 

 

 

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1    (20 ILCS 2630/3.1)  (from Ch. 38, par. 206-3.1)
2    Sec. 3.1. (a) The Department may furnish, pursuant to
3positive identification, records of convictions to the
4Department of Financial and Professional Regulation for the
5purpose of meeting registration or licensure requirements
6under the Private Detective, Private Alarm, Private Security,
7Fingerprint Vendor, and Locksmith Act of 2004 or the Pharmacy
8Practice Act.
9    (b) The Department may furnish, pursuant to positive
10identification, records of convictions to policing bodies of
11this State for the purpose of assisting local liquor control
12commissioners in carrying out their duty to refuse to issue
13licenses to persons specified in paragraphs (4), (5) and (6) of
14Section 6-2 of the Liquor Control Act of 1934.
15    (c) The Department shall charge an application fee, based
16on actual costs, for the dissemination of records pursuant to
17this Section. Fees received for the dissemination of records
18pursuant to this Section shall be deposited in the State Police
19Services Fund. The Department is empowered to establish this
20fee and to prescribe the form and manner for requesting and
21furnishing conviction information pursuant to this Section.
22    (d) Any dissemination of any information obtained pursuant
23to this Section to any person not specifically authorized
24hereby to receive or use it for the purpose for which it was
25disseminated shall constitute a violation of Section 7.

 

 

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1(Source: P.A. 95-613, eff. 9-11-07.)
 
2    (20 ILCS 2630/5.2)
3    Sec. 5.2. Expungement and sealing.
4    (a) General Provisions.
5        (1) Definitions. In this Act, words and phrases have
6    the meanings set forth in this subsection, except when a
7    particular context clearly requires a different meaning.
8            (A) The following terms shall have the meanings
9        ascribed to them in the Unified Code of Corrections,
10        730 ILCS 5/5-1-2 through 5/5-1-22:
11                (i) Business Offense (730 ILCS 5/5-1-2),
12                (ii) Charge (730 ILCS 5/5-1-3),
13                (iii) Court (730 ILCS 5/5-1-6),
14                (iv) Defendant (730 ILCS 5/5-1-7),
15                (v) Felony (730 ILCS 5/5-1-9),
16                (vi) Imprisonment (730 ILCS 5/5-1-10),
17                (vii) Judgment (730 ILCS 5/5-1-12),
18                (viii) Misdemeanor (730 ILCS 5/5-1-14),
19                (ix) Offense (730 ILCS 5/5-1-15),
20                (x) Parole (730 ILCS 5/5-1-16),
21                (xi) Petty Offense (730 ILCS 5/5-1-17),
22                (xii) Probation (730 ILCS 5/5-1-18),
23                (xiii) Sentence (730 ILCS 5/5-1-19),
24                (xiv) Supervision (730 ILCS 5/5-1-21), and
25                (xv) Victim (730 ILCS 5/5-1-22).

 

 

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

 

 

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

 

 

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1        municipal or local ordinance.
2            (H) "Municipal ordinance violation" means an
3        offense defined by a municipal or local ordinance that
4        is criminal in nature and with which the petitioner was
5        charged or for which the petitioner was arrested and
6        released without charging.
7            (I) "Petitioner" means an adult or a minor
8        prosecuted as an adult who has applied for relief under
9        this Section.
10            (J) "Qualified probation" means an order of
11        probation under Section 10 of the Cannabis Control Act,
12        Section 410 of the Illinois Controlled Substances Act,
13        Section 70 of the Methamphetamine Control and
14        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
15        of the Unified Code of Corrections, Section
16        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
17        those provisions existed before their deletion by
18        Public Act 89-313), Section 10-102 of the Illinois
19        Alcoholism and Other Drug Dependency Act, Section
20        40-10 of the Alcoholism and Other Drug Abuse and
21        Dependency Act, or Section 10 of the Steroid Control
22        Act. For the purpose of this Section, "successful
23        completion" of an order of qualified probation under
24        Section 10-102 of the Illinois Alcoholism and Other
25        Drug Dependency Act and Section 40-10 of the Alcoholism
26        and Other Drug Abuse and Dependency Act means that the

 

 

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1        probation was terminated satisfactorily and the
2        judgment of 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

 

 

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1    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
2    of this Section, the 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, unless the
11        arrest or charge is for a misdemeanor violation of
12        subsection (a) of Section 11-503 or a similar provision
13        of a local ordinance, that occurred prior to the
14        offender reaching the age of 25 years and the offender
15        has no other conviction for violating Section 11-501 or
16        11-503 of the Illinois Vehicle Code or a similar
17        provision of a local ordinance.
18            (B) the sealing or expungement of records of minor
19        traffic offenses (as defined in subsection (a)(1)(G)),
20        unless the petitioner was arrested and released
21        without charging.
22            (C) the sealing of the records of arrests or
23        charges not initiated by arrest which result in an
24        order of supervision or a conviction for the following
25        offenses:
26                (i) offenses included in Article 11 of the

 

 

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1            Criminal Code of 1961 or the Criminal Code of 2012
2            or a similar provision of a local ordinance, except
3            Section 11-14 of the Criminal Code of 1961 or the
4            Criminal Code of 2012, or a similar provision of a
5            local ordinance;
6                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
7            26-5, or 48-1 of the Criminal Code of 1961 or the
8            Criminal Code of 2012, or a similar provision of a
9            local ordinance;
10                (iii) Sections 12-3.1 or 12-3.2 of the
11            Criminal Code of 1961 or the Criminal Code of 2012,
12            or Section 125 of the Stalking No Contact Order
13            Act, or Section 219 of the Civil No Contact Order
14            Act, or a similar provision of a local ordinance;
15                (iv) offenses which are Class A misdemeanors
16            under the Humane Care for Animals Act; or
17                (v) any offense or attempted offense that
18            would subject a person to registration under the
19            Sex Offender Registration Act.
20            (D) the sealing of the records of an arrest which
21        results in the petitioner being charged with a felony
22        offense or records of a charge not initiated by arrest
23        for a felony offense unless:
24                (i) the charge is amended to a misdemeanor and
25            is otherwise eligible to be sealed pursuant to
26            subsection (c);

 

 

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1                (ii) the charge is brought along with another
2            charge as a part of one case and the charge results
3            in acquittal, dismissal, or conviction when the
4            conviction was reversed or vacated, and another
5            charge brought in the same case results in a
6            disposition for a misdemeanor offense that is
7            eligible to be sealed pursuant to subsection (c) or
8            a disposition listed in paragraph (i), (iii), or
9            (iv) of this subsection;
10                (iii) the charge results in first offender
11            probation as set forth in subsection (c)(2)(E);
12                (iv) the charge is for a felony offense listed
13            in subsection (c)(2)(F) or the charge is amended to
14            a felony offense listed in subsection (c)(2)(F);
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

 

 

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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

 

 

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1            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
2            Code of 1961 or the Criminal Code of 2012, or a
3            similar provision of a local ordinance, shall not
4            be eligible for expungement until 5 years have
5            passed following the satisfactory termination of
6            the supervision.
7                (i-5) Those arrests or charges that resulted
8            in orders of supervision for a misdemeanor
9            violation of subsection (a) of Section 11-503 of
10            the Illinois Vehicle Code or a similar provision of
11            a local ordinance, that occurred prior to the
12            offender reaching the age of 25 years and the
13            offender has no other conviction for violating
14            Section 11-501 or 11-503 of the Illinois Vehicle
15            Code or a similar provision of a local ordinance
16            shall not be eligible for expungement until the
17            petitioner has reached the age of 25 years.
18                (ii) Those arrests or charges that resulted in
19            orders of supervision for any other offenses shall
20            not be eligible for expungement until 2 years have
21            passed following the satisfactory termination of
22            the supervision.
23            (C) When the arrest or charge not initiated by
24        arrest sought to be expunged resulted in an order of
25        qualified probation, successfully completed by the
26        petitioner, such records shall not be eligible for

 

 

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1        expungement until 5 years have passed following the
2        satisfactory termination of the probation.
3        (3) Those records maintained by the Department for
4    persons arrested prior to their 17th birthday shall be
5    expunged as provided in Section 5-915 of the Juvenile Court
6    Act of 1987.
7        (4) Whenever a person has been arrested for or
8    convicted of any offense, in the name of a person whose
9    identity he or she has stolen or otherwise come into
10    possession of, the aggrieved person from whom the identity
11    was stolen or otherwise obtained without authorization,
12    upon learning of the person having been arrested using his
13    or her identity, may, upon verified petition to the chief
14    judge of the circuit wherein the arrest was made, have a
15    court order entered nunc pro tunc by the Chief Judge to
16    correct the arrest record, conviction record, if any, and
17    all official records of the arresting authority, the
18    Department, other criminal justice agencies, the
19    prosecutor, and the trial court concerning such arrest, if
20    any, by removing his or her name from all such records in
21    connection with the arrest and conviction, if any, and by
22    inserting in the records the name of the offender, if known
23    or ascertainable, in lieu of the aggrieved's name. The
24    records of the circuit court clerk shall be sealed until
25    further order of the court upon good cause shown and the
26    name of the aggrieved person obliterated on the official

 

 

09900SB1747ham005- 24 -LRB099 07934 MRW 36445 a

1    index required to be kept by the circuit court clerk under
2    Section 16 of the Clerks of Courts Act, but the order shall
3    not affect any index issued by the circuit court clerk
4    before the entry of the order. Nothing in this Section
5    shall limit the Department of State Police or other
6    criminal justice agencies or prosecutors from listing
7    under an offender's name the false names he or she has
8    used.
9        (5) Whenever a person has been convicted of criminal
10    sexual assault, aggravated criminal sexual assault,
11    predatory criminal sexual assault of a child, criminal
12    sexual abuse, or aggravated criminal sexual abuse, the
13    victim of that offense may request that the State's
14    Attorney of the county in which the conviction occurred
15    file a verified petition with the presiding trial judge at
16    the petitioner's trial to have a court order entered to
17    seal the records of the circuit court clerk in connection
18    with the proceedings of the trial court concerning that
19    offense. However, the records of the arresting authority
20    and the Department of State Police concerning the offense
21    shall not be sealed. The court, upon good cause shown,
22    shall make the records of the circuit court clerk in
23    connection with the proceedings of the trial court
24    concerning the offense available for public inspection.
25        (6) If a conviction has been set aside on direct review
26    or on collateral attack and the court determines by clear

 

 

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1    and convincing evidence that the petitioner was factually
2    innocent of the charge, the court that finds the petitioner
3    factually innocent of the charge shall enter an expungement
4    order for the conviction for which the petitioner has been
5    determined to be innocent as provided in subsection (b) of
6    Section 5-5-4 of the Unified Code of Corrections.
7        (7) Nothing in this Section shall prevent the
8    Department of State Police from maintaining all records of
9    any person who is admitted to probation upon terms and
10    conditions and who fulfills those terms and conditions
11    pursuant to Section 10 of the Cannabis Control Act, Section
12    410 of the Illinois Controlled Substances Act, Section 70
13    of the Methamphetamine Control and Community Protection
14    Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
15    Corrections, Section 12-4.3 or subdivision (b)(1) of
16    Section 12-3.05 of the Criminal Code of 1961 or the
17    Criminal Code of 2012, Section 10-102 of the Illinois
18    Alcoholism and Other Drug Dependency Act, Section 40-10 of
19    the Alcoholism and Other Drug Abuse and Dependency Act, or
20    Section 10 of the Steroid Control Act.
21        (8) If the petitioner has been granted a certificate of
22    innocence under Section 2-702 of the Code of Civil
23    Procedure, the court that grants the certificate of
24    innocence shall also enter an order expunging the
25    conviction for which the petitioner has been determined to
26    be innocent as provided in subsection (h) of Section 2-702

 

 

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1    of the Code of Civil Procedure.
2    (c) Sealing.
3        (1) Applicability. Notwithstanding any other provision
4    of this Act to the contrary, and cumulative with any rights
5    to expungement of criminal records, this subsection
6    authorizes the sealing of criminal records of adults and of
7    minors prosecuted as adults.
8        (2) Eligible Records. The following records may be
9    sealed:
10            (A) All arrests resulting in release without
11        charging;
12            (B) Arrests or charges not initiated by arrest
13        resulting in acquittal, dismissal, or conviction when
14        the conviction was reversed or vacated, except as
15        excluded by subsection (a)(3)(B);
16            (C) Arrests or charges not initiated by arrest
17        resulting in orders of supervision, including orders
18        of supervision for municipal ordinance violations,
19        successfully completed by the petitioner, unless
20        excluded by subsection (a)(3);
21            (D) Arrests or charges not initiated by arrest
22        resulting in convictions, including convictions on
23        municipal ordinance violations, unless excluded by
24        subsection (a)(3);
25            (E) Arrests or charges not initiated by arrest
26        resulting in orders of first offender probation under

 

 

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1        Section 10 of the Cannabis Control Act, Section 410 of
2        the Illinois Controlled Substances Act, Section 70 of
3        the Methamphetamine Control and Community Protection
4        Act, or Section 5-6-3.3 of the Unified Code of
5        Corrections; and
6            (F) Arrests or charges not initiated by arrest
7        resulting in felony convictions for the following
8        offenses:
9                (i) Class 4 felony convictions for:
10                    Prostitution under Section 11-14 of the
11                Criminal Code of 1961 or the Criminal Code of
12                2012.
13                    Possession of cannabis under Section 4 of
14                the Cannabis Control Act.
15                    Possession with intent to manufacture or
16                deliver cannabis under Section 5 of the
17                Cannabis Control Act.
18                    Possession of a controlled substance under
19                Section 402 of the Illinois Controlled
20                Substances Act.
21                    Offenses under the Methamphetamine
22                Precursor Control Act.
23                    Offenses under the Steroid Control Act.
24                    Theft under Section 16-1 of the Criminal
25                Code of 1961 or the Criminal Code of 2012.
26                    Retail theft under Section 16A-3 or

 

 

09900SB1747ham005- 28 -LRB099 07934 MRW 36445 a

1                paragraph (a) of 16-25 of the Criminal Code of
2                1961 or the Criminal Code of 2012.
3                    Deceptive practices under Section 17-1 of
4                the Criminal Code of 1961 or the Criminal Code
5                of 2012.
6                    Forgery under Section 17-3 of the Criminal
7                Code of 1961 or the Criminal Code of 2012.
8                    Possession of burglary tools under Section
9                19-2 of the Criminal Code of 1961 or the
10                Criminal Code of 2012.
11            (ii) Class 3 felony convictions for:
12                    Theft under Section 16-1 of the Criminal
13                Code of 1961 or the Criminal Code of 2012.
14                    Retail theft under Section 16A-3 or
15                paragraph (a) of 16-25 of the Criminal Code of
16                1961 or the Criminal Code of 2012.
17                    Deceptive practices under Section 17-1 of
18                the Criminal Code of 1961 or the Criminal Code
19                of 2012.
20                    Forgery under Section 17-3 of the Criminal
21                Code of 1961 or the Criminal Code of 2012.
22                    Possession with intent to manufacture or
23                deliver a controlled substance under Section
24                401 of the Illinois Controlled Substances Act.
25        (3) When Records Are Eligible to Be Sealed. Records
26    identified as eligible under subsection (c)(2) may be

 

 

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1    sealed as follows:
2            (A) Records identified as eligible under
3        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
4        time.
5            (B) Records identified as eligible under
6        subsection (c)(2)(C) may be sealed (i) 3 years after
7        the termination of petitioner's last sentence (as
8        defined in subsection (a)(1)(F)) if the petitioner has
9        never been convicted of a criminal offense (as defined
10        in subsection (a)(1)(D)); or (ii) 4 years after the
11        termination of the petitioner's last sentence (as
12        defined in subsection (a)(1)(F)) if the petitioner has
13        ever been convicted of a criminal offense (as defined
14        in subsection (a)(1)(D)).
15            (C) Records identified as eligible under
16        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
17        sealed 4 years after the termination of the
18        petitioner's last sentence (as defined in subsection
19        (a)(1)(F)).
20            (D) Records identified in subsection
21        (a)(3)(A)(iii) may be sealed after the petitioner has
22        reached the age of 25 years.
23        (4) Subsequent felony convictions. A person may not
24    have subsequent felony conviction records sealed as
25    provided in this subsection (c) if he or she is convicted
26    of any felony offense after the date of the sealing of

 

 

09900SB1747ham005- 30 -LRB099 07934 MRW 36445 a

1    prior felony convictions as provided in this subsection
2    (c). The court may, upon conviction for a subsequent felony
3    offense, order the unsealing of prior felony conviction
4    records previously ordered sealed by the court.
5        (5) Notice of eligibility for sealing. Upon entry of a
6    disposition for an eligible record under this subsection
7    (c), the petitioner shall be informed by the court of the
8    right to have the records sealed and the procedures for the
9    sealing of the records.
10    (d) Procedure. The following procedures apply to
11expungement under subsections (b), (e), and (e-6) and sealing
12under subsections (c) and (e-5):
13        (1) Filing the petition. Upon becoming eligible to
14    petition for the expungement or sealing of records under
15    this Section, the petitioner shall file a petition
16    requesting the expungement or sealing of records with the
17    clerk of the court where the arrests occurred or the
18    charges were brought, or both. If arrests occurred or
19    charges were brought in multiple jurisdictions, a petition
20    must be filed in each such jurisdiction. The petitioner
21    shall pay the applicable fee, if not waived.
22        (2) Contents of petition. The petition shall be
23    verified and shall contain the petitioner's name, date of
24    birth, current address and, for each arrest or charge not
25    initiated by arrest sought to be sealed or expunged, the
26    case number, the date of arrest (if any), the identity of

 

 

09900SB1747ham005- 31 -LRB099 07934 MRW 36445 a

1    the arresting authority, and such other information as the
2    court may require. During the pendency of the proceeding,
3    the petitioner shall promptly notify the circuit court
4    clerk of any change of his or her address. If the
5    petitioner has received a certificate of eligibility for
6    sealing from the Prisoner Review Board under paragraph (10)
7    of subsection (a) of Section 3-3-2 of the Unified Code of
8    Corrections, the certificate shall be attached to the
9    petition.
10        (3) Drug test. The petitioner must attach to the
11    petition proof that the petitioner has passed a test taken
12    within 30 days before the filing of the petition showing
13    the absence within his or her body of all illegal
14    substances as defined by the Illinois Controlled
15    Substances Act, the Methamphetamine Control and Community
16    Protection Act, and the Cannabis Control Act if he or she
17    is petitioning to:
18            (A) seal felony records under clause (c)(2)(E);
19            (B) seal felony records for a violation of the
20        Illinois Controlled Substances Act, the
21        Methamphetamine Control and Community Protection Act,
22        or the Cannabis Control Act under clause (c)(2)(F);
23            (C) seal felony records under subsection (e-5); or
24            (D) expunge felony records of a qualified
25        probation under clause (b)(1)(B)(iv).
26        (4) Service of petition. The circuit court clerk shall

 

 

09900SB1747ham005- 32 -LRB099 07934 MRW 36445 a

1    promptly serve a copy of the petition and documentation to
2    support the petition under subsection (e-5) or (e-6) on the
3    State's Attorney or prosecutor charged with the duty of
4    prosecuting the offense, the Department of State Police,
5    the arresting agency and the chief legal officer of the
6    unit of local government effecting the arrest.
7        (5) Objections.
8            (A) Any party entitled to notice of the petition
9        may file an objection to the petition. All objections
10        shall be in writing, shall be filed with the circuit
11        court clerk, and shall state with specificity the basis
12        of the objection. Whenever a person who has been
13        convicted of an offense is granted a pardon by the
14        Governor which specifically authorizes expungement, an
15        objection to the petition may not be filed.
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).

 

 

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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. Prior to the
11    hearing, the State's Attorney shall consult with the
12    Department as to the appropriateness of the relief sought
13    in the petition to expunge or seal. At the hearing, the
14    court shall hear evidence on whether the petition should or
15    should not be granted, and shall grant or deny the petition
16    to expunge or seal the records based on the evidence
17    presented at the hearing. The court may consider the
18    following:
19            (A) the strength of the evidence supporting the
20        defendant's conviction;
21            (B) the reasons for retention of the conviction
22        records by the State;
23            (C) the petitioner's age, criminal record history,
24        and employment history;
25            (D) the period of time between the petitioner's
26        arrest on the charge resulting in the conviction and

 

 

09900SB1747ham005- 34 -LRB099 07934 MRW 36445 a

1        the filing of the petition under this Section; and
2            (E) the specific adverse consequences the
3        petitioner may be subject to if the petition is denied.
4        (8) Service of order. After entering an order to
5    expunge or seal records, the court must provide copies of
6    the order to the Department, in a form and manner
7    prescribed by the Department, to the petitioner, to the
8    State's Attorney or prosecutor charged with the duty of
9    prosecuting the offense, to the arresting agency, to the
10    chief legal officer of the unit of local government
11    effecting the arrest, and to such other criminal justice
12    agencies as may be ordered by the court.
13        (9) Implementation of order.
14            (A) Upon entry of an order to expunge records
15        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
16                (i) the records shall be expunged (as defined
17            in subsection (a)(1)(E)) by the arresting agency,
18            the Department, and any other agency as ordered by
19            the court, within 60 days of the date of service of
20            the order, unless a motion to vacate, modify, or
21            reconsider the order is filed pursuant to
22            paragraph (12) of subsection (d) of this Section;
23                (ii) the records of the circuit court clerk
24            shall be impounded until further order of the court
25            upon good cause shown and the name of the
26            petitioner obliterated on the official index

 

 

09900SB1747ham005- 35 -LRB099 07934 MRW 36445 a

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

 

 

09900SB1747ham005- 36 -LRB099 07934 MRW 36445 a

1            circuit court clerk before the entry of the order;
2                (iii) the records shall be impounded by the
3            Department within 60 days of the date of service of
4            the order as ordered by the court, unless a motion
5            to vacate, modify, or reconsider the order is filed
6            pursuant to paragraph (12) of subsection (d) of
7            this Section;
8                (iv) records impounded by the Department may
9            be disseminated by the Department only as required
10            by law or to the arresting authority, the State's
11            Attorney, and the court upon a later arrest for the
12            same or a similar offense or for the purpose of
13            sentencing for any subsequent felony, and to the
14            Department of Corrections upon conviction for any
15            offense; and
16                (v) in response to an inquiry for such records
17            from anyone not authorized by law to access such
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-5) Upon entry of an order to expunge records
23        under subsection (e-6):
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,

 

 

09900SB1747ham005- 37 -LRB099 07934 MRW 36445 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 under 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            under paragraph (12) of subsection (d) of this
18            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

 

 

09900SB1747ham005- 38 -LRB099 07934 MRW 36445 a

1                (v) in response to an inquiry for these records
2            from anyone not authorized by law to access the
3            records, the court, the Department, or the agency
4            receiving the 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            (D) The Department shall send written notice to the
17        petitioner of its compliance with each order to expunge
18        or seal records within 60 days of the date of service
19        of that order or, if a motion to vacate, modify, or
20        reconsider is filed, within 60 days of service of the
21        order resolving the motion, if that order requires the
22        Department to expunge or seal records. In the event of
23        an appeal from the circuit court order, the Department
24        shall send written notice to the petitioner of its
25        compliance with an Appellate Court or Supreme Court
26        judgment to expunge or seal records within 60 days of

 

 

09900SB1747ham005- 39 -LRB099 07934 MRW 36445 a

1        the issuance of the court's mandate. The notice is not
2        required while any motion to vacate, modify, or
3        reconsider, or any appeal or petition for
4        discretionary appellate review, is pending.
5        (10) Fees. The Department may charge the petitioner a
6    fee equivalent to the cost of processing any order to
7    expunge or seal records. Notwithstanding any provision of
8    the Clerks of Courts Act to the contrary, the circuit court
9    clerk may charge a fee equivalent to the cost associated
10    with the sealing or expungement of records by the circuit
11    court clerk. From the total filing fee collected for the
12    petition to seal or expunge, the circuit court clerk shall
13    deposit $10 into the Circuit Court Clerk Operation and
14    Administrative Fund, to be used to offset the costs
15    incurred by the circuit court clerk in performing the
16    additional duties required to serve the petition to seal or
17    expunge on all parties. The circuit court clerk shall
18    collect and forward the Department of State Police portion
19    of the fee to the Department and it shall be deposited in
20    the State Police Services Fund.
21        (11) Final Order. No court order issued under the
22    expungement or sealing provisions of this Section shall
23    become final for purposes of appeal until 30 days after
24    service of the order on the petitioner and all parties
25    entitled to notice of the petition.
26        (12) Motion to Vacate, Modify, or Reconsider. Under

 

 

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1    Section 2-1203 of the Code of Civil Procedure, the
2    petitioner or any party entitled to notice may file a
3    motion to vacate, modify, or reconsider the order granting
4    or denying the petition to expunge or seal within 60 days
5    of service of the order. If filed more than 60 days after
6    service of the order, a petition to vacate, modify, or
7    reconsider shall comply with subsection (c) of Section
8    2-1401 of the Code of Civil Procedure. Upon filing of a
9    motion to vacate, modify, or reconsider, notice of the
10    motion shall be served upon the petitioner and all parties
11    entitled to notice of the petition.
12        (13) Effect of Order. An order granting a petition
13    under the expungement or sealing provisions of this Section
14    shall not be considered void because it fails to comply
15    with the provisions of this Section or because of any error
16    asserted in a motion to vacate, modify, or reconsider. The
17    circuit court retains jurisdiction to determine whether
18    the order is voidable and to vacate, modify, or reconsider
19    its terms based on a motion filed under paragraph (12) of
20    this subsection (d).
21        (14) Compliance with Order Granting Petition to Seal
22    Records. Unless a court has entered a stay of an order
23    granting a petition to seal, all parties entitled to notice
24    of the petition must fully comply with the terms of the
25    order within 60 days of service of the order even if a
26    party is seeking relief from the order through a motion

 

 

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1    filed under paragraph (12) of this subsection (d) or is
2    appealing the order.
3        (15) Compliance with Order Granting Petition to
4    Expunge Records. While a party is seeking relief from the
5    order granting the petition to expunge through a motion
6    filed under paragraph (12) of this subsection (d) or is
7    appealing the order, and unless a court has entered a stay
8    of that order, the parties entitled to notice of the
9    petition must seal, but need not expunge, the records until
10    there is a final order on the motion for relief or, in the
11    case of an appeal, the issuance of that court's mandate.
12        (16) The changes to this subsection (d) made by Public
13    Act 98-163 apply to all petitions pending on August 5, 2013
14    (the effective date of Public Act 98-163) and to all orders
15    ruling on a petition to expunge or seal on or after August
16    5, 2013 (the effective date of Public Act 98-163).
17    (e) Whenever a person who has been convicted of an offense
18is granted a pardon by the Governor which specifically
19authorizes expungement, he or she may, upon verified petition
20to the Chief Judge of the circuit where the person had been
21convicted, any judge of the circuit designated by the Chief
22Judge, or in counties of less than 3,000,000 inhabitants, the
23presiding trial judge at the defendant's trial, have a court
24order entered expunging the record of arrest from the official
25records of the arresting authority and order that the records
26of the circuit court clerk and the Department be sealed until

 

 

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1further order of the court upon good cause shown or as
2otherwise provided herein, and the name of the defendant
3obliterated from the official index requested to be kept by the
4circuit court clerk under Section 16 of the Clerks of Courts
5Act in connection with the arrest and conviction for the
6offense for which he or she had been pardoned but the order
7shall not affect any index issued by the circuit court clerk
8before the entry of the order. All records sealed by the
9Department may be disseminated by the Department only to the
10arresting authority, the State's Attorney, and the court upon a
11later arrest for the same or similar offense or for the purpose
12of sentencing for any subsequent felony. Upon conviction for
13any subsequent offense, the Department of Corrections shall
14have access to all sealed records of the Department pertaining
15to that individual. Upon entry of the order of expungement, the
16circuit court clerk shall promptly mail a copy of the order to
17the person who was pardoned.
18    (e-5) Whenever a person who has been convicted of an
19offense is granted a certificate of eligibility for sealing by
20the Prisoner Review Board which specifically authorizes
21sealing, he or she may, upon verified petition to the Chief
22Judge of the circuit where the person had been convicted, any
23judge of the circuit designated by the Chief Judge, or in
24counties of less than 3,000,000 inhabitants, the presiding
25trial judge at the petitioner's trial, have a court order
26entered sealing the record of arrest from the official records

 

 

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1of the arresting authority and order that the records of the
2circuit court clerk and the Department be sealed until further
3order of the court upon good cause shown or as otherwise
4provided herein, and the name of the petitioner obliterated
5from the official index requested to be kept by the circuit
6court clerk under Section 16 of the Clerks of Courts Act in
7connection with the arrest and conviction for the offense for
8which he or she had been granted the certificate but the order
9shall not affect any index issued by the circuit court clerk
10before the entry of the order. All records sealed by the
11Department may be disseminated by the Department only as
12required by this Act or to the arresting authority, a law
13enforcement agency, the State's Attorney, and the court upon a
14later arrest for the same or similar offense or for the purpose
15of sentencing for any subsequent felony. Upon conviction for
16any subsequent offense, the Department of Corrections shall
17have access to all sealed records of the Department pertaining
18to that individual. Upon entry of the order of sealing, the
19circuit court clerk shall promptly mail a copy of the order to
20the person who was granted the certificate of eligibility for
21sealing.
22    (e-6) Whenever a person who has been convicted of an
23offense is granted a certificate of eligibility for expungement
24by the Prisoner Review Board which specifically authorizes
25expungement, he or she may, upon verified petition to the Chief
26Judge of the circuit where the person had been convicted, any

 

 

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1judge of the circuit designated by the Chief Judge, or in
2counties of less than 3,000,000 inhabitants, the presiding
3trial judge at the petitioner's trial, have a court order
4entered expunging the record of arrest from the official
5records of the arresting authority and order that the records
6of the circuit court clerk and the Department be sealed until
7further order of the court upon good cause shown or as
8otherwise provided herein, and the name of the petitioner
9obliterated from the official index requested to be kept by the
10circuit court clerk under Section 16 of the Clerks of Courts
11Act in connection with the arrest and conviction for the
12offense for which he or she had been granted the certificate
13but the order shall not affect any index issued by the circuit
14court clerk before the entry of the order. All records sealed
15by the Department may be disseminated by the Department only as
16required by this Act or to the arresting authority, a law
17enforcement agency, the State's Attorney, and the court upon a
18later arrest for the same or similar offense or for the purpose
19of sentencing for any subsequent felony. Upon conviction for
20any subsequent offense, the Department of Corrections shall
21have access to all expunged records of the Department
22pertaining to that individual. Upon entry of the order of
23expungement, the circuit court clerk shall promptly mail a copy
24of the order to the person who was granted the certificate of
25eligibility for expungement.
26    (f) Subject to available funding, the Illinois Department

 

 

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1of Corrections shall conduct a study of the impact of sealing,
2especially on employment and recidivism rates, utilizing a
3random sample of those who apply for the sealing of their
4criminal records under Public Act 93-211. At the request of the
5Illinois Department of Corrections, records of the Illinois
6Department of Employment Security shall be utilized as
7appropriate to assist in the study. The study shall not
8disclose any data in a manner that would allow the
9identification of any particular individual or employing unit.
10The study shall be made available to the General Assembly no
11later than September 1, 2010.
12(Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13;
1397-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.
141-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150,
15eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
16eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635,
17eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14;
1898-1009, eff. 1-1-15; revised 9-30-14.)
 
19    Section 115. The Pharmacy Practice Act is amended by
20changing Sections 6, 9, and 9.5 as follows:
 
21    (225 ILCS 85/6)  (from Ch. 111, par. 4126)
22    (Section scheduled to be repealed on January 1, 2018)
23    Sec. 6. Each individual seeking licensure as a registered
24pharmacist shall make application to the Department and shall

 

 

09900SB1747ham005- 46 -LRB099 07934 MRW 36445 a

1provide evidence of the following:
2    1. that he or she is a United States citizen or legally
3admitted alien;
4    2. that he or she has not engaged in conduct or behavior
5determined to be grounds for discipline under this Act;
6    3. that he or she is a graduate of a first professional
7degree program in pharmacy of a university recognized and
8approved by the Department;
9    4. that he or she has successfully completed a program of
10practice experience under the direct supervision of a
11pharmacist in a pharmacy in this State, or in any other State;
12and
13    5. that he or she has passed an examination recommended by
14the Board of Pharmacy and authorized by the Department; and .
15    6. that he or she has submitted his or her fingerprints to
16the Department of State Police in the form and manner
17prescribed by the Department of State Police; these
18fingerprints shall be transmitted through a live scan
19fingerprint vendor licensed by the Department and shall be
20checked against the fingerprint records now and hereafter filed
21in the Department of State Police and Federal Bureau of
22Investigation criminal history records databases; the
23Department of State Police shall charge a fee for conducting
24the criminal history records check, which shall be deposited
25into the State Police Services Fund and shall not exceed the
26actual cost of the State and national criminal history records

 

 

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1check; the Department of State Police shall furnish, pursuant
2to positive identification, all Illinois conviction
3information and national criminal history records information
4to the Department; the Department may adopt any rules necessary
5to implement this subsection 6.
6    The Department shall issue a license as a registered
7pharmacist to any applicant who has qualified as aforesaid and
8who has filed the required applications and paid the required
9fees in connection therewith; and such registrant shall have
10the authority to practice the profession of pharmacy in this
11State.
12(Source: P.A. 95-689, eff. 10-29-07.)
 
13    (225 ILCS 85/9)  (from Ch. 111, par. 4129)
14    (Section scheduled to be repealed on January 1, 2018)
15    Sec. 9. Registration as pharmacy technician. Any person
16shall be entitled to registration as a registered pharmacy
17technician who is of the age of 16 or over, has not engaged in
18conduct or behavior determined to be grounds for discipline
19under this Act, is attending or has graduated from an
20accredited high school or comparable school or educational
21institution or received a high school equivalency certificate,
22and has filed a written application for registration on a form
23to be prescribed and furnished by the Department for that
24purpose, and has submitted his or her fingerprints to the
25Department of State Police in the form and manner prescribed by

 

 

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1the Department of State Police. These fingerprints shall be
2transmitted through a live scan fingerprint vendor licensed by
3the Department and shall be checked against the fingerprint
4records now and hereafter filed in the Department of State
5Police and Federal Bureau of Investigation criminal history
6records databases. The Department of State Police shall charge
7a fee for conducting the criminal history records check, which
8shall be deposited into the State Police Services Fund and
9shall not exceed the actual cost of the State and national
10criminal history records check. The Department of State Police
11shall furnish, pursuant to positive identification, all
12Illinois conviction information and national criminal history
13records information to the Department. The Department may adopt
14any rules necessary to implement the background checks required
15under this Section. The Department shall issue a certificate of
16registration as a registered pharmacy technician to any
17applicant who has qualified as aforesaid, and such registration
18shall be the sole authority required to assist licensed
19pharmacists in the practice of pharmacy, under the supervision
20of a licensed pharmacist. A registered pharmacy technician may,
21under the supervision of a pharmacist, assist in the practice
22of pharmacy and perform such functions as assisting in the
23dispensing process, offering counseling, receiving new verbal
24prescription orders, and having prescriber contact concerning
25prescription drug order clarification. A registered pharmacy
26technician may not engage in patient counseling, drug regimen

 

 

09900SB1747ham005- 49 -LRB099 07934 MRW 36445 a

1review, or clinical conflict resolution.
2    Beginning on January 1, 2010, within 2 years after initial
3registration as a registered technician, a pharmacy technician
4must become certified by successfully passing the Pharmacy
5Technician Certification Board (PTCB) examination or another
6Board-approved pharmacy technician examination and register as
7a certified pharmacy technician with the Department in order to
8continue to perform pharmacy technician's duties. This
9requirement does not apply to pharmacy technicians registered
10prior to January 1, 2008.
11    Any person registered as a pharmacy technician who is also
12enrolled in a first professional degree program in pharmacy in
13a school or college of pharmacy or a department of pharmacy of
14a university approved by the Department or has graduated from
15such a program within the last 18 months, shall be considered a
16"student pharmacist" and entitled to use the title "student
17pharmacist". A student pharmacist must meet all of the
18requirements for registration as a pharmacy technician set
19forth in this Section excluding the requirement of
20certification prior to the second registration renewal and pay
21the required pharmacy technician registration fees. A student
22pharmacist may, under the supervision of a pharmacist, assist
23in the practice of pharmacy and perform any and all functions
24delegated to him or her by the pharmacist.
25    Any person seeking licensure as a pharmacist who has
26graduated from a pharmacy program outside the United States

 

 

09900SB1747ham005- 50 -LRB099 07934 MRW 36445 a

1must register as a pharmacy technician and shall be considered
2a "student pharmacist" and be entitled to use the title
3"student pharmacist" while completing the 1,200 clinical hours
4of training approved by the Board of Pharmacy described and for
5no more than 18 months after completion of these hours. These
6individuals are not required to become certified pharmacy
7technicians while completing their Board approved clinical
8training, but must become licensed as a pharmacist or become a
9certified pharmacy technician before the second pharmacy
10technician registration renewal following completion of the
11Board approved clinical training.
12    The Department shall not renew the pharmacy technician
13license of any person who has been registered as a "student
14pharmacist" and has dropped out of or been expelled from an
15ACPE accredited college of pharmacy, who has failed to complete
16his or her 1,200 hours of Board approved clinical training
17within 24 months or who has failed the pharmacist licensure
18examination 3 times and shall require these individuals to meet
19the requirements of and become registered a certified pharmacy
20technician.
21    The Department may take any action set forth in Section 30
22of this Act with regard to registrations pursuant to this
23Section.
24    Any person who is enrolled in a non-traditional Pharm.D.
25program at an ACPE accredited college of pharmacy and is a
26licensed pharmacist under the laws of another United States

 

 

09900SB1747ham005- 51 -LRB099 07934 MRW 36445 a

1jurisdiction shall be permitted to engage in the program of
2practice experience required in the academic program by virtue
3of such license. Such person shall be exempt from the
4requirement of registration as a registered pharmacy
5technician while engaged in the program of practice experience
6required in the academic program.
7    An applicant for registration as a pharmacy technician may
8assist a pharmacist in the practice of pharmacy for a period of
9up to 60 days prior to the issuance of a certificate of
10registration if the applicant has submitted the required fee
11and an application for registration to the Department. The
12applicant shall keep a copy of the submitted application on the
13premises where the applicant is assisting in the practice of
14pharmacy. The Department shall forward confirmation of receipt
15of the application with start and expiration dates of practice
16pending registration.
17(Source: P.A. 98-718, eff. 1-1-15.)
 
18    (225 ILCS 85/9.5)
19    (Section scheduled to be repealed on January 1, 2018)
20    Sec. 9.5. Certified pharmacy technician.
21    (a) An individual registered as a pharmacy technician under
22this Act may be registered as a certified pharmacy technician,
23if he or she meets all of the following requirements:
24        (1) He or she has submitted a written application in
25    the form and manner prescribed by the Department.

 

 

09900SB1747ham005- 52 -LRB099 07934 MRW 36445 a

1        (2) He or she has attained the age of 18.
2        (3) He or she is of good moral character, as determined
3    by the Department.
4        (4) He or she has (i) graduated from pharmacy
5    technician training meeting the requirements set forth in
6    subsection (a) of Section 17.1 of this Act or (ii) obtained
7    documentation from the pharmacist-in-charge of the
8    pharmacy where the applicant is employed verifying that he
9    or she has successfully completed a training program and
10    has successfully completed an objective assessment
11    mechanism prepared in accordance with rules established by
12    the Department.
13        (5) He or she has successfully passed an examination
14    accredited by the National Organization of Certifying
15    Agencies, as approved and required by the Board.
16        (6) He or she has paid the required certification fees.
17        (7) He or she has submitted his or her fingerprints to
18    the Department of State Police in the form and manner
19    prescribed by the Department of State Police. These
20    fingerprints shall be transmitted through a live scan
21    fingerprint vendor licensed by the Department and shall be
22    checked against the fingerprint records now and hereafter
23    filed in the Department of State Police and Federal Bureau
24    of Investigation criminal history records databases. The
25    Department of State Police shall charge a fee for
26    conducting the criminal history records check, which shall

 

 

09900SB1747ham005- 53 -LRB099 07934 MRW 36445 a

1    be deposited into the State Police Services Fund and shall
2    not exceed the actual cost of the State and national
3    criminal history records check. The Department of State
4    Police shall furnish, pursuant to positive identification,
5    all Illinois conviction information and national criminal
6    history records information to the Department. The
7    Department may adopt any rules necessary to implement this
8    paragraph (7).
9    (b) No pharmacist whose license has been denied, revoked,
10suspended, or restricted for disciplinary purposes may be
11eligible to be registered as a certified pharmacy technician.
12    (c) The Department may, by rule, establish any additional
13requirements for certification under this Section.
14    (d) A person who is not a registered pharmacy technician
15and meets the requirements of this Section may register as a
16certified pharmacy technician without first registering as a
17pharmacy technician.
18(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)
 
19    Section 120. The Cannabis Control Act is amended by
20changing Section 5.2 as follows:
 
21    (720 ILCS 550/5.2)  (from Ch. 56 1/2, par. 705.2)
22    Sec. 5.2. Delivery of cannabis on school grounds.
23    (a) Any person who violates subsection (e) of Section 5 in
24any school, on the real property comprising any school, or any

 

 

09900SB1747ham005- 54 -LRB099 07934 MRW 36445 a

1conveyance owned, leased or contracted by a school to transport
2students to or from school or a school related activity, or on
3any public way within 1,000 feet of the real property
4comprising any school, or any conveyance owned, leased or
5contracted by a school to transport students to or from school
6or a school related activity, and at the time of the violation
7persons under the age 18 are present, other than the person who
8committed the offense, the offense is committed during school
9hours, or the offense is committed at times when persons under
10the age of 18 are reasonably expected to be present in the
11school, in the conveyance, on the real property, or on the
12public way, such as when after-school activities are occurring,
13is guilty of a Class 1 felony, the fine for which shall not
14exceed $200,000;
15    (b) Any person who violates subsection (d) of Section 5 in
16any school, on the real property comprising any school, or any
17conveyance owned, leased or contracted by a school to transport
18students to or from school or a school related activity, or on
19any public way within 1,000 feet of the real property
20comprising any school, or any conveyance owned, leased or
21contracted by a school to transport students to or from school
22or a school related activity, and at the time of the violation
23persons under the age 18 are present, other than the person who
24committed the offense, the offense is committed during school
25hours, or the offense is committed at times when persons under
26the age of 18 are reasonably expected to be present in the

 

 

09900SB1747ham005- 55 -LRB099 07934 MRW 36445 a

1school, in the conveyance, on the real property, or on the
2public way, such as when after-school activities are occurring,
3is guilty of a Class 2 felony, the fine for which shall not
4exceed $100,000;
5    (c) Any person who violates subsection (c) of Section 5 in
6any school, on the real property comprising any school, or any
7conveyance owned, leased or contracted by a school to transport
8students to or from school or a school related activity, or on
9any public way within 1,000 feet of the real property
10comprising any school, or any conveyance owned, leased or
11contracted by a school to transport students to or from school
12or a school related activity, and at the time of the violation
13persons under the age 18 are present, other than the person who
14committed the offense, the offense is committed during school
15hours, or the offense is committed at times when persons under
16the age of 18 are reasonably expected to be present in the
17school, in the conveyance, on the real property, or on the
18public way, such as when after-school activities are occurring,
19is guilty of a Class 3 felony, the fine for which shall not
20exceed $50,000;
21    (d) Any person who violates subsection (b) of Section 5 in
22any school, on the real property comprising any school, or any
23conveyance owned, leased or contracted by a school to transport
24students to or from school or a school related activity, or on
25any public way within 1,000 feet of the real property
26comprising any school, or any conveyance owned, leased or

 

 

09900SB1747ham005- 56 -LRB099 07934 MRW 36445 a

1contracted by a school to transport students to or from school
2or a school related activity, and at the time of the violation
3persons under the age 18 are present, other than the person who
4committed the offense, the offense is committed during school
5hours, or the offense is committed at times when persons under
6the age of 18 are reasonably expected to be present in the
7school, in the conveyance, on the real property, or on the
8public way, such as when after-school activities are occurring,
9is guilty of a Class 4 felony, the fine for which shall not
10exceed $25,000;
11    (e) Any person who violates subsection (a) of Section 5 in
12any school, on the real property comprising any school, or any
13conveyance owned, leased or contracted by a school to transport
14students to or from school or a school related activity, on any
15public way within 1,000 feet of the real property comprising
16any school, or any conveyance owned, leased or contracted by a
17school to transport students to or from school or a school
18related activity, and at the time of the violation persons
19under the age 18 are present, other than the person who
20committed the offense, the offense is committed during school
21hours, or the offense is committed at times when persons under
22the age of 18 are reasonably expected to be present in the
23school, in the conveyance, on the real property, or on the
24public way, such as when after-school activities are occurring,
25is guilty of a Class A misdemeanor.
26(Source: P.A. 87-544.)
 

 

 

09900SB1747ham005- 57 -LRB099 07934 MRW 36445 a

1    Section 125. The Illinois Controlled Substances Act is
2amended by changing Section 407 as follows:
 
3    (720 ILCS 570/407)  (from Ch. 56 1/2, par. 1407)
4    Sec. 407. (a) (1)(A) Any person 18 years of age or over who
5violates any subsection of Section 401 or subsection (b) of
6Section 404 by delivering a controlled, counterfeit or
7look-alike substance to a person under 18 years of age may be
8sentenced to imprisonment for a term up to twice the maximum
9term and fined an amount up to twice that amount otherwise
10authorized by the pertinent subsection of Section 401 and
11Subsection (b) of Section 404.
12    (B) (Blank).
13    (2) Except as provided in paragraph (3) of this subsection,
14any person who violates:
15        (A) subsection (c) of Section 401 by delivering or
16    possessing with intent to deliver a controlled,
17    counterfeit, or look-alike substance in or on, or within
18    1,000 feet of, a truck stop or safety rest area, is guilty
19    of a Class 1 felony, the fine for which shall not exceed
20    $250,000;
21        (B) subsection (d) of Section 401 by delivering or
22    possessing with intent to deliver a controlled,
23    counterfeit, or look-alike substance in or on, or within
24    1,000 feet of, a truck stop or safety rest area, is guilty

 

 

09900SB1747ham005- 58 -LRB099 07934 MRW 36445 a

1    of a Class 2 felony, the fine for which shall not exceed
2    $200,000;
3        (C) subsection (e) of Section 401 or subsection (b) of
4    Section 404 by delivering or possessing with intent to
5    deliver a controlled, counterfeit, or look-alike substance
6    in or on, or within 1,000 feet of, a truck stop or safety
7    rest area, is guilty of a Class 3 felony, the fine for
8    which shall not exceed $150,000;
9        (D) subsection (f) of Section 401 by delivering or
10    possessing with intent to deliver a controlled,
11    counterfeit, or look-alike substance in or on, or within
12    1,000 feet of, a truck stop or safety rest area, is guilty
13    of a Class 3 felony, the fine for which shall not exceed
14    $125,000;
15        (E) subsection (g) of Section 401 by delivering or
16    possessing with intent to deliver a controlled,
17    counterfeit, or look-alike substance in or on, or within
18    1,000 feet of, a truck stop or safety rest area, is guilty
19    of a Class 3 felony, the fine for which shall not exceed
20    $100,000;
21        (F) subsection (h) of Section 401 by delivering or
22    possessing with intent to deliver a controlled,
23    counterfeit, or look-alike substance in or on, or within
24    1,000 feet of, a truck stop or safety rest area, is guilty
25    of a Class 3 felony, the fine for which shall not exceed
26    $75,000;

 

 

09900SB1747ham005- 59 -LRB099 07934 MRW 36445 a

1    (3) Any person who violates paragraph (2) of this
2subsection (a) by delivering or possessing with intent to
3deliver a controlled, counterfeit, or look-alike substance in
4or on, or within 1,000 feet of a truck stop or a safety rest
5area, following a prior conviction or convictions of paragraph
6(2) of this subsection (a) may be sentenced to a term of
7imprisonment up to 2 times the maximum term and fined an amount
8up to 2 times the amount otherwise authorized by Section 401.
9    (4) For the purposes of this subsection (a):
10        (A) "Safety rest area" means a roadside facility
11    removed from the roadway with parking and facilities
12    designed for motorists' rest, comfort, and information
13    needs; and
14        (B) "Truck stop" means any facility (and its parking
15    areas) used to provide fuel or service, or both, to any
16    commercial motor vehicle as defined in Section 18b-101 of
17    the Illinois Vehicle Code.
18    (b) Any person who violates:
19        (1) subsection (c) of Section 401 is guilty of a Class
20    X felony the fine for which shall not exceed $500,000 if he
21    or she commits the violation:
22            (A) in any school, or any conveyance owned, leased
23        or contracted by a school to transport students to or
24        from school or a school related activity, or on the
25        real property comprising any school, or within 1,000
26        feet of the real property comprising any school, and at

 

 

09900SB1747ham005- 60 -LRB099 07934 MRW 36445 a

1        the time of the violation persons under the age 18 are
2        present, other than the person who committed the
3        offense, the offense is committed during school hours,
4        or the offense is committed at times when persons under
5        the age of 18 are reasonably expected to be present in
6        the school, in the conveyance, or on the real property,
7        such as when after-school activities are occurring,
8            (B) on residential property owned, operated or
9        managed by a public housing agency or leased by a
10        public housing agency as part of a scattered site or
11        mixed-income development, or public park, on the real
12        property comprising any school or residential property
13        owned, operated or managed by a public housing agency
14        or leased by a public housing agency as part of a
15        scattered site or mixed-income development, or public
16        park or within 1,000 feet of the real property
17        comprising any school or residential property owned,
18        operated or managed by a public housing agency or
19        leased by a public housing agency as part of a
20        scattered site or mixed-income development, or public
21        park,
22            (C) on the real property comprising any church,
23        synagogue, or other building, structure, or place used
24        primarily for religious worship, or within 1,000 feet
25        of the real property comprising any church, synagogue,
26        or other building, structure, or place used primarily

 

 

09900SB1747ham005- 61 -LRB099 07934 MRW 36445 a

1        for religious worship, or
2            (D) on the real property comprising any of the
3        following places, buildings, or structures used
4        primarily for housing or providing space for
5        activities for senior citizens: nursing homes,
6        assisted-living centers, senior citizen housing
7        complexes, or senior centers oriented toward daytime
8        activities, or within 1,000 feet of the real property
9        comprising any of the following places, buildings, or
10        structures used primarily for housing or providing
11        space for activities for senior citizens: nursing
12        homes, assisted-living centers, senior citizen housing
13        complexes, or senior centers oriented toward daytime
14        activities is guilty of a Class X felony, the fine for
15        which shall not exceed $500,000;
16        (2) subsection (d) of Section 401 is guilty of a Class
17    1 felony the fine for which shall not exceed $250,000 if he
18    or she commits the violation:
19            (A) in any school, or any conveyance owned, leased
20        or contracted by a school to transport students to or
21        from school or a school related activity, or on the
22        real property comprising any school, or within 1,000
23        feet of the real property comprising any school, and at
24        the time of the violation persons under the age 18 are
25        present, other than the person who committed the
26        offense, the offense is committed during school hours,

 

 

09900SB1747ham005- 62 -LRB099 07934 MRW 36445 a

1        or the offense is committed at times when persons under
2        the age of 18 are reasonably expected to be present in
3        the school, in the conveyance, or on the real property,
4        such as when after-school activities are occurring,
5            (B) on residential property owned, operated or
6        managed by a public housing agency or leased by a
7        public housing agency as part of a scattered site or
8        mixed-income development, or public park, on the real
9        property comprising any school or residential property
10        owned, operated or managed by a public housing agency
11        or leased by a public housing agency as part of a
12        scattered site or mixed-income development, or public
13        park or within 1,000 feet of the real property
14        comprising any school or residential property owned,
15        operated or managed by a public housing agency or
16        leased by a public housing agency as part of a
17        scattered site or mixed-income development, or public
18        park,
19            (C) on the real property comprising any church,
20        synagogue, or other building, structure, or place used
21        primarily for religious worship, or within 1,000 feet
22        of the real property comprising any church, synagogue,
23        or other building, structure, or place used primarily
24        for religious worship, or
25            (D) on the real property comprising any of the
26        following places, buildings, or structures used

 

 

09900SB1747ham005- 63 -LRB099 07934 MRW 36445 a

1        primarily for housing or providing space for
2        activities for senior citizens: nursing homes,
3        assisted-living centers, senior citizen housing
4        complexes, or senior centers oriented toward daytime
5        activities, or within 1,000 feet of the real property
6        comprising any of the following places, buildings, or
7        structures used primarily for housing or providing
8        space for activities for senior citizens: nursing
9        homes, assisted-living centers, senior citizen housing
10        complexes, or senior centers oriented toward daytime
11        activities is guilty of a Class 1 felony, the fine for
12        which shall not exceed $250,000;
13        (3) subsection (e) of Section 401 or Subsection (b) of
14    Section 404 is guilty of a Class 2 felony the fine for
15    which shall not exceed $200,000 if he or she commits the
16    violation:
17            (A) in any school, or any conveyance owned, leased
18        or contracted by a school to transport students to or
19        from school or a school related activity, or on the
20        real property comprising any school, or within 1,000
21        feet of the real property comprising any school, and at
22        the time of the violation persons under the age 18 are
23        present, other than the person who committed the
24        offense, the offense is committed during school hours,
25        or the offense is committed at times when persons under
26        the age of 18 are reasonably expected to be present in

 

 

09900SB1747ham005- 64 -LRB099 07934 MRW 36445 a

1        the school, in the conveyance, or on the real property,
2        such as when after-school activities are occurring,
3            (B) on residential property owned, operated or
4        managed by a public housing agency or leased by a
5        public housing agency as part of a scattered site or
6        mixed-income development, or public park, on the real
7        property comprising any school or residential property
8        owned, operated or managed by a public housing agency
9        or leased by a public housing agency as part of a
10        scattered site or mixed-income development, or public
11        park or within 1,000 feet of the real property
12        comprising any school or residential property owned,
13        operated or managed by a public housing agency or
14        leased by a public housing agency as part of a
15        scattered site or mixed-income development, or public
16        park,
17            (C) on the real property comprising any church,
18        synagogue, or other building, structure, or place used
19        primarily for religious worship, or within 1,000 feet
20        of the real property comprising any church, synagogue,
21        or other building, structure, or place used primarily
22        for religious worship, or
23            (D) on the real property comprising any of the
24        following places, buildings, or structures used
25        primarily for housing or providing space for
26        activities for senior citizens: nursing homes,

 

 

09900SB1747ham005- 65 -LRB099 07934 MRW 36445 a

1        assisted-living centers, senior citizen housing
2        complexes, or senior centers oriented toward daytime
3        activities, or within 1,000 feet of the real property
4        comprising any of the following places, buildings, or
5        structures used primarily for housing or providing
6        space for activities for senior citizens: nursing
7        homes, assisted-living centers, senior citizen housing
8        complexes, or senior centers oriented toward daytime
9        activities is guilty of a Class 2 felony, the fine for
10        which shall not exceed $200,000;
11        (4) subsection (f) of Section 401 is guilty of a Class
12    2 felony the fine for which shall not exceed $150,000 if he
13    or she commits the violation:
14            (A) in any school, or any conveyance owned, leased
15        or contracted by a school to transport students to or
16        from school or a school related activity, or on the
17        real property comprising any school, or within 1,000
18        feet of the real property comprising any school, and at
19        the time of the violation persons under the age 18 are
20        present, other than the person who committed the
21        offense, the offense is committed during school hours,
22        or the offense is committed at times when persons under
23        the age of 18 are reasonably expected to be present in
24        the school, in the conveyance, or on the real property,
25        such as when after-school activities are occurring,
26            (B) on residential property owned, operated or

 

 

09900SB1747ham005- 66 -LRB099 07934 MRW 36445 a

1        managed by a public housing agency or leased by a
2        public housing agency as part of a scattered site or
3        mixed-income development, or public park, on the real
4        property comprising any school or residential property
5        owned, operated or managed by a public housing agency
6        or leased by a public housing agency as part of a
7        scattered site or mixed-income development, or public
8        park or within 1,000 feet of the real property
9        comprising any school or residential property owned,
10        operated or managed by a public housing agency or
11        leased by a public housing agency as part of a
12        scattered site or mixed-income development, or public
13        park,
14            (C) on the real property comprising any church,
15        synagogue, or other building, structure, or place used
16        primarily for religious worship, or within 1,000 feet
17        of the real property comprising any church, synagogue,
18        or other building, structure, or place used primarily
19        for religious worship, or
20            (D) on the real property comprising any of the
21        following places, buildings, or structures used
22        primarily for housing or providing space for
23        activities for senior citizens: nursing homes,
24        assisted-living centers, senior citizen housing
25        complexes, or senior centers oriented toward daytime
26        activities, or within 1,000 feet of the real property

 

 

09900SB1747ham005- 67 -LRB099 07934 MRW 36445 a

1        comprising any of the following places, buildings, or
2        structures used primarily for housing or providing
3        space for activities for senior citizens: nursing
4        homes, assisted-living centers, senior citizen housing
5        complexes, or senior centers oriented toward daytime
6        activities is guilty of a Class 2 felony, the fine for
7        which shall not exceed $150,000;
8        (5) subsection (g) of Section 401 is guilty of a Class
9    2 felony the fine for which shall not exceed $125,000 if he
10    or she commits the violation:
11            (A) in any school, or any conveyance owned, leased
12        or contracted by a school to transport students to or
13        from school or a school related activity, or on the
14        real property comprising any school, or within 1,000
15        feet of the real property comprising any school, and at
16        the time of the violation persons under the age 18 are
17        present, other than the person who committed the
18        offense, the offense is committed during school hours,
19        or the offense is committed at times when persons under
20        the age of 18 are reasonably expected to be present in
21        the school, in the conveyance, or on the real property,
22        such as when after-school activities are occurring,
23            (B) on residential property owned, operated or
24        managed by a public housing agency or leased by a
25        public housing agency as part of a scattered site or
26        mixed-income development, or public park, on the real

 

 

09900SB1747ham005- 68 -LRB099 07934 MRW 36445 a

1        property comprising any school or residential property
2        owned, operated or managed by a public housing agency
3        or leased by a public housing agency as part of a
4        scattered site or mixed-income development, or public
5        park or within 1,000 feet of the real property
6        comprising any school or residential property owned,
7        operated or managed by a public housing agency or
8        leased by a public housing agency as part of a
9        scattered site or mixed-income development, or public
10        park,
11            (C) on the real property comprising any church,
12        synagogue, or other building, structure, or place used
13        primarily for religious worship, or within 1,000 feet
14        of the real property comprising any church, synagogue,
15        or other building, structure, or place used primarily
16        for religious worship, or
17            (D) on the real property comprising any of the
18        following places, buildings, or structures used
19        primarily for housing or providing space for
20        activities for senior citizens: nursing homes,
21        assisted-living centers, senior citizen housing
22        complexes, or senior centers oriented toward daytime
23        activities, or within 1,000 feet of the real property
24        comprising any of the following places, buildings, or
25        structures used primarily for housing or providing
26        space for activities for senior citizens: nursing

 

 

09900SB1747ham005- 69 -LRB099 07934 MRW 36445 a

1        homes, assisted-living centers, senior citizen housing
2        complexes, or senior centers oriented toward daytime
3        activities is guilty of a Class 2 felony, the fine for
4        which shall not exceed $125,000; or
5        (6) subsection (h) of Section 401 is guilty of a Class
6    2 felony the fine for which shall not exceed $100,000 if he
7    or she commits the violation:
8            (A) in any school, or any conveyance owned, leased
9        or contracted by a school to transport students to or
10        from school or a school related activity, or on the
11        real property comprising any school, or within 1,000
12        feet of the real property comprising any school, and at
13        the time of the violation persons under the age 18 are
14        present, other than the person who committed the
15        offense, the offense is committed during school hours,
16        or the offense is committed at times when persons under
17        the age of 18 are reasonably expected to be present in
18        the school, in the conveyance, or on the real property,
19        such as when after-school activities are occurring,
20            (B) on residential property owned, operated or
21        managed by a public housing agency or leased by a
22        public housing agency as part of a scattered site or
23        mixed-income development, or public park, on the real
24        property comprising any school or residential property
25        owned, operated or managed by a public housing agency
26        or leased by a public housing agency as part of a

 

 

09900SB1747ham005- 70 -LRB099 07934 MRW 36445 a

1        scattered site or mixed-income development, or public
2        park or within 1,000 feet of the real property
3        comprising any school or residential property owned,
4        operated or managed by a public housing agency or
5        leased by a public housing agency as part of a
6        scattered site or mixed-income development, or public
7        park,
8            (C) on the real property comprising any church,
9        synagogue, or other building, structure, or place used
10        primarily for religious worship, or within 1,000 feet
11        of the real property comprising any church, synagogue,
12        or other building, structure, or place used primarily
13        for religious worship, or
14            (D) on the real property comprising any of the
15        following places, buildings, or structures used
16        primarily for housing or providing space for
17        activities for senior citizens: nursing homes,
18        assisted-living centers, senior citizen housing
19        complexes, or senior centers oriented toward daytime
20        activities, or within 1,000 feet of the real property
21        comprising any of the following places, buildings, or
22        structures used primarily for housing or providing
23        space for activities for senior citizens: nursing
24        homes, assisted-living centers, senior citizen housing
25        complexes, or senior centers oriented toward daytime
26        activities is guilty of a Class 2 felony, the fine for

 

 

09900SB1747ham005- 71 -LRB099 07934 MRW 36445 a

1        which shall not exceed $100,000.
2    (c) (Blank). Regarding penalties prescribed in subsection
3(b) for violations committed in a school or on or within 1,000
4feet of school property, the time of day, time of year and
5whether classes were currently in session at the time of the
6offense is irrelevant.
7(Source: P.A. 93-223, eff. 1-1-04; 94-556, eff. 9-11-05.)
 
8    Section 130. The Methamphetamine Control and Community
9Protection Act is amended by changing Section 55 as follows:
 
10    (720 ILCS 646/55)
11    Sec. 55. Methamphetamine delivery.
12    (a) Delivery or possession with intent to deliver
13methamphetamine or a substance containing methamphetamine.
14        (1) It is unlawful knowingly to engage in the delivery
15    or possession with intent to deliver methamphetamine or a
16    substance containing methamphetamine.
17        (2) A person who violates paragraph (1) of this
18    subsection (a) is subject to the following penalties:
19            (A) A person who delivers or possesses with intent
20        to deliver less than 5 grams of methamphetamine or a
21        substance containing methamphetamine is guilty of a
22        Class 2 felony.
23            (B) A person who delivers or possesses with intent
24        to deliver 5 or more grams but less than 15 grams of

 

 

09900SB1747ham005- 72 -LRB099 07934 MRW 36445 a

1        methamphetamine or a substance containing
2        methamphetamine is guilty of a Class 1 felony.
3            (C) A person who delivers or possesses with intent
4        to deliver 15 or more grams but less than 100 grams of
5        methamphetamine or a substance containing
6        methamphetamine is guilty of a Class X felony, subject
7        to a term of imprisonment of not less than 6 years and
8        not more than 30 years, and subject to a fine not to
9        exceed $100,000 or the street value of the
10        methamphetamine, whichever is greater.
11            (D) A person who delivers or possesses with intent
12        to deliver 100 or more grams but less than 400 grams of
13        methamphetamine or a substance containing
14        methamphetamine is guilty of a Class X felony, subject
15        to a term of imprisonment of not less than 9 years and
16        not more than 40 years, and subject to a fine not to
17        exceed $200,000 or the street value of the
18        methamphetamine, whichever is greater.
19            (E) A person who delivers or possesses with intent
20        to deliver 400 or more grams but less than 900 grams of
21        methamphetamine or a substance containing
22        methamphetamine is guilty of a Class X felony, subject
23        to a term of imprisonment of not less than 12 years and
24        not more than 50 years, and subject to a fine not to
25        exceed $300,000 or the street value of the
26        methamphetamine, whichever is greater.

 

 

09900SB1747ham005- 73 -LRB099 07934 MRW 36445 a

1            (F) A person who delivers or possesses with intent
2        to deliver 900 or more grams of methamphetamine or a
3        substance containing methamphetamine is guilty of a
4        Class X felony, subject to a term of imprisonment of
5        not less than 15 years and not more than 60 years, and
6        subject to a fine not to exceed $400,000 or the street
7        value of the methamphetamine, whichever is greater.
8    (b) Aggravated delivery or possession with intent to
9deliver methamphetamine or a substance containing
10methamphetamine.
11        (1) It is unlawful to engage in the aggravated delivery
12    or possession with intent to deliver methamphetamine or a
13    substance containing methamphetamine. A person engages in
14    the aggravated delivery or possession with intent to
15    deliver methamphetamine or a substance containing
16    methamphetamine when the person violates paragraph (1) of
17    subsection (a) of this Section and:
18            (A) the person is at least 18 years of age and
19        knowingly delivers or possesses with intent to deliver
20        the methamphetamine or substance containing
21        methamphetamine to a person under 18 years of age;
22            (B) the person is at least 18 years of age and
23        knowingly uses, engages, employs, or causes another
24        person to use, engage, or employ a person under 18
25        years of age to deliver the methamphetamine or
26        substance containing methamphetamine;

 

 

09900SB1747ham005- 74 -LRB099 07934 MRW 36445 a

1            (C) the person knowingly delivers or possesses
2        with intent to deliver the methamphetamine or
3        substance containing methamphetamine in any structure
4        or vehicle protected by one or more firearms, explosive
5        devices, booby traps, alarm systems, surveillance
6        systems, guard dogs, or dangerous animals;
7            (D) the person knowingly delivers or possesses
8        with intent to deliver the methamphetamine or
9        substance containing methamphetamine in any school, on
10        any real property comprising any school, or in any
11        conveyance owned, leased, or contracted by a school to
12        transport students to or from school or a
13        school-related activity, and at the time of the
14        violation persons under the age 18 are present, other
15        than the person who committed the offense, the offense
16        is committed during school hours, or the offense is
17        committed at times when persons under the age of 18 are
18        reasonably expected to be present in the school, in the
19        conveyance, or on the real property, such as when
20        after-school activities are occurring;
21            (E) the person delivers or causes another person to
22        deliver the methamphetamine or substance containing
23        methamphetamine to a woman that the person knows to be
24        pregnant; or
25            (F) (blank).
26        (2) A person who violates paragraph (1) of this

 

 

09900SB1747ham005- 75 -LRB099 07934 MRW 36445 a

1    subsection (b) is subject to the following penalties:
2            (A) A person who delivers or possesses with intent
3        to deliver less than 5 grams of methamphetamine or a
4        substance containing methamphetamine is guilty of a
5        Class 1 felony.
6            (B) A person who delivers or possesses with intent
7        to deliver 5 or more grams but less than 15 grams of
8        methamphetamine or a substance containing
9        methamphetamine is guilty of a Class X felony, subject
10        to a term of imprisonment of not less than 6 years and
11        not more than 30 years, and subject to a fine not to
12        exceed $100,000 or the street value of the
13        methamphetamine, whichever is greater.
14            (C) A person who delivers or possesses with intent
15        to deliver 15 or more grams but less than 100 grams of
16        methamphetamine or a substance containing
17        methamphetamine is guilty of a Class X felony, subject
18        to a term of imprisonment of not less than 8 years and
19        not more than 40 years, and subject to a fine not to
20        exceed $200,000 or the street value of the
21        methamphetamine, whichever is greater.
22            (D) A person who delivers or possesses with intent
23        to deliver 100 or more grams of methamphetamine or a
24        substance containing methamphetamine is guilty of a
25        Class X felony, subject to a term of imprisonment of
26        not less than 10 years and not more than 50 years, and

 

 

09900SB1747ham005- 76 -LRB099 07934 MRW 36445 a

1        subject to a fine not to exceed $300,000 or the street
2        value of the methamphetamine, whichever is greater.
3(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
 
4    Section 135. The Code of Criminal Procedure of 1963 is
5amended by changing Section 124A-15 as follows:
 
6    (725 ILCS 5/124A-15)
7    Sec. 124A-15. Reversal of conviction; refund of fines,
8fees, and costs.
9    (a) A defendant convicted in a criminal prosecution whose
10conviction is reversed by a finding of factual innocence in a
11collateral proceeding such as habeas corpus or post-conviction
12relief under Article 122 of this Code is not liable for any
13costs or fees of the court or circuit clerk's office, or for
14any charge of subsistence while detained in custody. If the
15defendant has paid any costs, fine, or fees, in the case, a
16refund of those costs shall be determined by the judge and paid
17by the clerk of the court. The timing of the refund payment
18shall be determined by the clerk of the court based upon the
19availability of funds in the subject fund account the clerk or
20judge shall give him or her a certificate of the payment of
21those costs, fine, or fees with the items of those expenses,
22which, when audited and approved according to law, shall be
23refunded to the defendant.
24    (b) To receive a refund under this Section, a defendant

 

 

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1must submit a request for the refund to the clerk of the court
2on a form and in a manner prescribed by the clerk. The
3defendant must attach to the form an order from the court
4demonstrating the defendant's right to the refund and the
5amount of the refund.
6(Source: P.A. 98-943, eff. 1-1-15.)
 
7    Section 140. The Unified Code of Corrections is amended by
8changing Section 5-8-1.2 as follows:
 
9    (730 ILCS 5/5-8-1.2)
10    Sec. 5-8-1.2. County impact incarceration.
11    (a) Legislative intent. It is the finding of the General
12Assembly that certain non-violent offenders eligible for
13sentences of incarceration may benefit from the rehabilitative
14aspects of a county impact incarceration program. It is the
15intent of the General Assembly that such programs be
16implemented as provided by this Section. This Section shall not
17be construed to allow violent offenders to participate in a
18county impact incarceration program.
19    (b) Under the direction of the Sheriff and with the
20approval of the County Board of Commissioners, the Sheriff, in
21any county with more than 3,000,000 inhabitants, may establish
22and operate a county impact incarceration program for eligible
23offenders. If the court finds under Section 5-4-1 that an
24offender convicted of a felony meets the eligibility

 

 

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1requirements of the Sheriff's county impact incarceration
2program, the court may sentence the offender to the county
3impact incarceration program. If the court finds a person
4charged with a felony meets the eligibility requirements of the
5Sheriff's county impact incarceration program, the court may
6order the person's participation in the county impact
7incarceration program. The Sheriff shall be responsible for
8monitoring all offenders who are sentenced to or ordered to the
9county impact incarceration program, including the mandatory
10period of monitored release following the 120 to 180 days of
11impact incarceration. Offenders assigned to the county impact
12incarceration program under an intergovernmental agreement
13between the county and the Illinois Department of Corrections
14are exempt from the provisions of this mandatory period of
15monitored release. In the event the convicted offender is not
16accepted for placement in the county impact incarceration
17program, the court shall proceed to sentence the offender to
18any other disposition authorized by this Code. If the offender
19does not successfully complete the program, the offender's
20failure to do so shall constitute a violation of the sentence
21or order to the county impact incarceration program.
22    (c) In order to be eligible to be sentenced to or ordered
23to a county impact incarceration program by the court, the
24person shall meet all of the following requirements:
25        (1) the person must be not less than 17 years of age
26    nor more than 35 years of age;

 

 

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1        (2) The person has not previously participated in the
2    impact incarceration program and has not previously served
3    more than one prior sentence of imprisonment for a felony
4    in an adult correctional facility;
5        (3) The person has not been convicted of a Class X
6    felony, first or second degree murder, armed violence,
7    aggravated kidnapping, criminal sexual assault, aggravated
8    criminal sexual abuse or a subsequent conviction for
9    criminal sexual abuse, forcible detention, or arson and has
10    not been convicted previously of any of those offenses.
11        (4) The person has been found in violation of probation
12    for an offense that is a Class 2, 3, or 4 felony that is not
13    a forcible felony as defined in Section 2-8 of the Criminal
14    Code of 2012 or a violent crime as defined in subsection
15    (c) of Section 3 of the Rights of Crime Victims and
16    Witnesses Act who otherwise could be sentenced to a term of
17    incarceration; or the person is convicted of an offense
18    that is a Class 2, 3, or 4 felony that is not a forcible
19    felony as defined in Section 2-8 of the Criminal Code of
20    2012 or a violent crime as defined in subsection (c) of
21    Section 3 of the Rights of Crime Victims and Witnesses Act
22    who has previously served a sentence of probation for any
23    felony offense and who otherwise could be sentenced to a
24    term of incarceration.
25        (5) The person must be physically able to participate
26    in strenuous physical activities or labor.

 

 

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1        (6) The person must not have any mental disorder or
2    disability that would prevent participation in a county
3    impact incarceration program.
4        (7) The person was recommended and approved for
5    placement in the county impact incarceration program by the
6    Sheriff and consented in writing to participation in the
7    county impact incarceration program and to the terms and
8    conditions of the program. The Sheriff may consider, among
9    other matters, whether the person has any outstanding
10    detainers or warrants, whether the person has a history of
11    escaping or absconding, whether participation in the
12    county impact incarceration program may pose a risk to the
13    safety or security of any person and whether space is
14    available.
15    (c) The county impact incarceration program shall include,
16among other matters, mandatory physical training and labor,
17military formation and drills, regimented activities,
18uniformity of dress and appearance, education and counseling,
19including drug counseling where appropriate.
20    (d) Privileges including visitation, commissary, receipt
21and retention of property and publications and access to
22television, radio, and a library may be suspended or
23restricted, notwithstanding provisions to the contrary in this
24Code.
25    (e) The Sheriff shall issue written rules and requirements
26for the program. Persons shall be informed of rules of behavior

 

 

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1and conduct. Persons participating in the county impact
2incarceration program shall adhere to all rules and all
3requirements of the program.
4    (f) Participation in the county impact incarceration
5program shall be for a period of 120 to 180 days followed by a
6mandatory term of monitored release for at least 8 months and
7no more than 12 months supervised by the Sheriff. The period of
8time a person shall serve in the impact incarceration program
9shall not be reduced by the accumulation of good time. The
10court may also sentence the person to a period of probation to
11commence at the successful completion of the county impact
12incarceration program.
13    (f-1) Persons who are charged with eligible offenses may be
14ordered by the court to participate in the county impact
15incarceration program for the period of 120 to 180 days. If the
16offender is convicted of the eligible offense, the court may
17sentence the offender to the remaining days required to
18complete a total participation period of 120 to 180 days and
19the mandatory term of monitored release.
20    (g) If the person successfully completes the county impact
21incarceration program, the Sheriff shall certify the person's
22successful completion of the program to the court and to the
23county's State's Attorney. Upon successful completion of the
24county impact incarceration program and mandatory term of
25monitored release and if there is an additional period of
26probation given, the person shall at that time begin his or her

 

 

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1probationary sentence under the supervision of the Adult
2Probation Department.
3    (h) A person may be removed from the county impact
4incarceration program for a violation of the terms or
5conditions of the program or in the event he or she is for any
6reason unable to participate. The failure to complete the
7program for any reason, including the 8 to 12 month monitored
8release period, shall be deemed a violation of the county
9impact incarceration sentence. The Sheriff shall give notice to
10the State's Attorney of the person's failure to complete the
11program. The Sheriff shall file a petition for violation of the
12county impact incarceration sentence with the court and the
13State's Attorney may proceed on the petition under Section
145-6-4 of this Code. The Sheriff shall promulgate rules and
15regulations governing conduct which could result in removal
16from the program or in a determination that the person has not
17successfully completed the program.
18    The mandatory conditions of every county impact
19incarceration sentence shall include that the person either
20while in the program or during the period of monitored release:
21        (1) not violate any criminal statute of any
22    jurisdiction;
23        (2) report or appear in person before any such person
24    or agency as directed by the court or the Sheriff;
25        (3) refrain from possessing a firearm or other
26    dangerous weapon;

 

 

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1        (4) not leave the State without the consent of the
2    court or, in circumstances in which the reason for the
3    absence is of such an emergency nature that prior consent
4    by the court is not possible, without the prior
5    notification and approval of the Sheriff; and
6        (5) permit representatives of the Sheriff to visit at
7    the person's home or elsewhere to the extent necessary for
8    the Sheriff to monitor compliance with the program. Persons
9    shall have access to such rules, which shall provide that a
10    person shall receive notice of any such violation.
11    (i) The Sheriff may terminate the county impact
12incarceration program at any time.
13    (j) The Sheriff shall report to the county board on or
14before September 30th of each year on the county impact
15incarceration program, including the composition of the
16program by the offenders, by county of commitment, sentence,
17age, offense, and race.
18(Source: P.A. 97-1150, eff. 1-25-13.)
 
19    Section 999. Effective date. This Act takes effect upon
20becoming law.".