State of Illinois
91st General Assembly
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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]
[ Senate Amendment 002 ]

91_HB1285sam003











                                           LRB9103243EGfgam02

 1                    AMENDMENT TO HOUSE BILL 1285

 2        AMENDMENT NO.     .  Amend House Bill 1285  by  replacing
 3    everything above the enacting clause with the following:
 4        "AN ACT to re-enact various criminal provisions of Public
 5    Act 88-680 and amend the Criminal Code of 1961."; and

 6    by  replacing  everything  below the enacting clause with the
 7    following:

 8        "Section 1. Purpose.
 9        (1)  The General Assembly finds and declares that:
10             (i)  Public Act 88-680, effective January  1,  1995,
11        contained  provisions amending various criminal statutes.
12        Public Act 88-680 also contained other provisions.
13             (ii)  In addition, Public Act  88-680  was  entitled
14        "AN  ACT to create a Safe Neighborhoods Law". (A) Article
15        5 was entitled JUVENILE JUSTICE and amended the  Juvenile
16        Court  Act of 1987. (B) Article 15 was entitled GANGS and
17        amended various provisions of the Criminal Code  of  1961
18        and  the Unified Code of Corrections.  (C) Article 20 was
19        entitled ALCOHOL ABUSE and amended various provisions  of
20        the  Illinois  Vehicle  Code. (D) Article 25 was entitled
21        DRUG ABUSE and amended the Cannabis Control Act  and  the
22        Illinois  Controlled  Substances  Act. (E) Article 30 was
 
                            -2-            LRB9103243EGfgam02
 1        entitled FIREARMS and amended the Criminal Code  of  1961
 2        and  the  Code of Criminal Procedure of 1963. (F) Article
 3        35 amended the Criminal Code of 1961, the Rights of Crime
 4        Victims and  Witnesses  Act,  and  the  Unified  Code  of
 5        Corrections.  (G) Article 40 amended the Criminal Code of
 6        1961 to increase the penalty for compelling  organization
 7        membership  of persons. (H) Article 45 created the Secure
 8        Residential Youth Care Facility Licensing Act and amended
 9        the State Finance Act, the Juvenile Court  Act  of  1987,
10        the   Unified   Code  of  Corrections,  and  the  Private
11        Correctional Facility  Moratorium  Act.  (I)  Article  50
12        amended the WIC Vendor Management Act, the Firearm Owners
13        Identification  Card Act, the Juvenile Court Act of 1987,
14        the Criminal Code of 1961, the Wrongs  to  Children  Act,
15        and the Unified Code of Corrections.
16             (iii)  On  December  2,  1999,  the Illinois Supreme
17        Court, in People v. Cervantes, Docket  No.  87229,  ruled
18        that Public Act 88-680 violates the single subject clause
19        of  the Illinois Constitution (Article IV, Section 8 (d))
20        and was unconstitutional in its entirety.
21             (iv)  The criminal provisions of Public  Act  88-680
22        are  of  vital  concern  to  the people of this State and
23        legislative action concerning various criminal provisions
24        of Public Act 88-680 is necessary.
25        (2)  It is the purpose of this Act  to  re-enact  various
26    criminal  provisions (other than provisions relating to child
27    pornography and WIC Fraud that have been re-enacted by Public
28    Acts 91-54 and 91-155 and provisions amending  Section  6  of
29    the  Firearm  Owners  Identification Act) contained in Public
30    Act   88-680,   including   subsequent    amendments.    This
31    re-enactment  is  intended  to  remove any question as to the
32    validity or  content of those provisions.
33        (3)  This  Act  re-enacts  various  criminal   provisions
34    (other  than provisions relating to child pornography and WIC
 
                            -3-            LRB9103243EGfgam02
 1    Fraud that have been re-enacted  by  Public  Acts  91-54  and
 2    91-155  and  provisions  amending  Section  6  of the Firearm
 3    Owners Identification Act) contained in  Public  Act  88-680,
 4    including subsequent amendments, to remove any question as to
 5    the  validity  or  content  of  those  provisions;  it is not
 6    intended to supersede any other Public Act  that  amends  the
 7    text  of  the Sections as set forth in this Act. The material
 8    is shown  as  existing  text  (i.e.,  without  underscoring),
 9    except  (i)  for technical changes having a revisory function
10    and (ii) as provided in subsection (4) of this Section.
11        (4)  In addition  to  re-enacting  Section  24-1  of  the
12    Criminal  Code  of  1961,  this Act amends that Section.  The
13    amendments are shown by underscoring and striking text.

14                          ARTICLE 15. GANGS

15        Section 15-5.  The Criminal Code of 1961  is  amended  by
16    re-enacting Sections 12-6, 32-4, and 32-4a as follows:

17        (720 ILCS 5/12-6) (from Ch. 38, par. 12-6)
18        Sec. 12-6. Intimidation.
19        (a)  A  person  commits intimidation when, with intent to
20    cause another to perform or to omit the  performance  of  any
21    act,  he  communicates  to  another,  whether  in  person, by
22    telephone or by mail, a  threat  to  perform  without  lawful
23    authority any of the following acts:
24             (1)  Inflict  physical harm on the person threatened
25    or any other person or on property; or
26             (2)  Subject any person to physical  confinement  or
27    restraint; or
28             (3)  Commit any criminal offense; or
29             (4)  Accuse any person of an offense; or
30             (5)  Expose   any  person  to  hatred,  contempt  or
31    ridicule; or
 
                            -4-            LRB9103243EGfgam02
 1             (6)  Take action as a public official against anyone
 2    or anything, or  withhold  official  action,  or  cause  such
 3    action or withholding; or
 4             (7)  Bring  about  or  continue a strike, boycott or
 5    other collective action.
 6        (b)  Sentence.
 7        Intimidation is a Class 3 felony for  which  an  offender
 8    may be sentenced to a term of imprisonment of not less than 2
 9    years and not more than 10 years.
10    (Source: P.A. 88-680, eff. 1-1-95.)

11        (720 ILCS 5/32-4) (from Ch. 38, par. 32-4)
12        Sec. 32-4.  Communicating with jurors and witnesses.
13        (a)  A  person  who,  with intent to influence any person
14    whom he believes has been summoned as a juror, regarding  any
15    matter  which  is  or  may  be  brought  before  such  juror,
16    communicates,   directly   or  indirectly,  with  such  juror
17    otherwise than as authorized by law commits a Class 4 felony.
18        (b)  A person who, with intent  to  deter  any  party  or
19    witness  from  testifying freely, fully and truthfully to any
20    matter  pending  in  any  court,  or  before  a  Grand  Jury,
21    Administrative  agency  or   any   other   State   or   local
22    governmental unit, forcibly detains such party or witness, or
23    communicates,  directly  or  indirectly,  to  such  party  or
24    witness any knowingly false information or a threat of injury
25    or  damage  to  the  property  or person of any individual or
26    offers or delivers or threatens to withhold money or  another
27    thing of value to any individual commits a Class 3 felony.
28    (Source: P.A. 88-680, eff. 1-1-95; 89-377, eff. 8-18-95.)

29        (720 ILCS 5/32-4a) (from Ch. 38, par. 32-4a)
30        Sec. 32-4a.  Harassment of representatives for the child,
31    jurors,  witnesses  and family members of representatives for
32    the child, jurors, and witnesses.
 
                            -5-            LRB9103243EGfgam02
 1        (a)  A person who, with intent to harass or annoy one who
 2    has served or is serving or who  is  a  family  member  of  a
 3    person who has served or is serving (1) as a juror because of
 4    the   verdict  returned  by  the  jury  in  a  pending  legal
 5    proceeding or the participation of the juror in  the  verdict
 6    or  (2)  as  a  witness, or who may be expected to serve as a
 7    witness  in  a  pending  legal  proceeding,  because  of  the
 8    testimony or potential testimony of the witness, communicates
 9    directly or indirectly with the  juror,  witness,  or  family
10    member  of  a  juror  or witness in such manner as to produce
11    mental anguish or emotional distress or who conveys a  threat
12    of  injury  or damage to the property or person of any juror,
13    witness, or family member of the juror or witness  commits  a
14    Class 2 felony.
15        (b)  A person who, with intent to harass or annoy one who
16    has  served  or  is  serving  or  who is a family member of a
17    person who has served or is serving as a  representative  for
18    the  child,  appointed  under  Section  506  of  the Illinois
19    Marriage and Dissolution of Marriage Act, Section 12  of  the
20    Uniform  Child  Custody Jurisdiction Act, or Section 2-502 of
21    the Code of Civil Procedure, because  of  the  representative
22    service of that capacity, communicates directly or indirectly
23    with   the   representative   or   a  family  member  of  the
24    representative in such manner as to produce mental anguish or
25    emotional distress or who  conveys  a  threat  of  injury  or
26    damage  to  the property or person of any representative or a
27    family  member  of  the  representative  commits  a  Class  A
28    misdemeanor.
29        (c)  For purposes of this Section, "family member"  means
30    a spouse, parent, child, stepchild or other person related by
31    blood  or by present marriage, a person who has, or allegedly
32    has a child in common, and a person who shares  or  allegedly
33    shares a blood relationship through a child.
34    (Source: P.A. 89-686, eff. 6-1-97; 90-126, eff. 1-1-98.)
 
                            -6-            LRB9103243EGfgam02
 1        Section  15-15.   The  Unified  Code  of  Corrections  is
 2    amended  by  re-enacting Sections 5-5-3.2, 5-6-3, and 5-6-3.1
 3    as follows:

 4        (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
 5        Sec. 5-5-3.2.  Factors in Aggravation.
 6        (a)  The following factors shall be  accorded  weight  in
 7    favor of imposing a term of imprisonment or may be considered
 8    by  the  court  as  reasons  to impose a more severe sentence
 9    under Section 5-8-1:
10             (1)  the defendant's conduct  caused  or  threatened
11        serious harm;
12             (2)  the   defendant   received   compensation   for
13        committing the offense;
14             (3)  the   defendant   has   a   history   of  prior
15        delinquency or criminal activity;
16             (4)  the defendant, by the duties of his  office  or
17        by  his  position,  was obliged to prevent the particular
18        offense committed or to bring the offenders committing it
19        to justice;
20             (5)  the defendant held public office at the time of
21        the offense, and the offense related to  the  conduct  of
22        that office;
23             (6)  the   defendant   utilized   his   professional
24        reputation  or  position  in  the community to commit the
25        offense, or to afford him an easier means  of  committing
26        it;
27             (7)  the  sentence is necessary to deter others from
28        committing the same crime;
29             (8)  the defendant committed the offense  against  a
30        person  60  years  of  age  or  older  or  such  person's
31        property;
32             (9)  the  defendant  committed the offense against a
33        person who is physically  handicapped  or  such  person's
 
                            -7-            LRB9103243EGfgam02
 1        property;
 2             (10)  by  reason  of  another individual's actual or
 3        perceived race, color, creed, religion, ancestry, gender,
 4        sexual orientation, physical  or  mental  disability,  or
 5        national  origin,  the  defendant  committed  the offense
 6        against (i) the person or property  of  that  individual;
 7        (ii)  the  person  or  property  of  a  person who has an
 8        association with, is married to, or has a friendship with
 9        the other individual; or (iii) the person or property  of
10        a  relative  (by blood or marriage) of a person described
11        in clause (i) or (ii).  For the purposes of this Section,
12        "sexual     orientation"      means      heterosexuality,
13        homosexuality, or bisexuality;
14             (11)  the  offense  took place in a place of worship
15        or on the grounds of  a  place  of  worship,  immediately
16        prior   to,   during  or  immediately  following  worship
17        services.  For purposes of this subparagraph,  "place  of
18        worship"  shall  mean  any  church,  synagogue  or  other
19        building, structure or place used primarily for religious
20        worship;
21             (12)  the   defendant  was  convicted  of  a  felony
22        committed while he  was  released  on  bail  or  his  own
23        recognizance  pending  trial  for  a prior felony and was
24        convicted of such prior  felony,  or  the  defendant  was
25        convicted  of  a  felony committed while he was serving a
26        period of probation, conditional discharge, or  mandatory
27        supervised  release under subsection (d) of Section 5-8-1
28        for a prior felony;
29             (13)  the defendant committed or attempted to commit
30        a felony while he was wearing a  bulletproof  vest.   For
31        the  purposes  of this paragraph (13), a bulletproof vest
32        is any device  which  is  designed  for  the  purpose  of
33        protecting  the wearer from bullets, shot or other lethal
34        projectiles;
 
                            -8-            LRB9103243EGfgam02
 1             (14)  the defendant held  a  position  of  trust  or
 2        supervision such as, but not limited to, family member as
 3        defined  in  Section  12-12 of the Criminal Code of 1961,
 4        teacher, scout leader, baby sitter, or day  care  worker,
 5        in  relation  to  a victim under 18 years of age, and the
 6        defendant committed an offense in  violation  of  Section
 7        11-6,  11-11,  11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
 8        12-14, 12-14.1, 12-15 or 12-16 of the  Criminal  Code  of
 9        1961 against that victim;
10             (15)  the  defendant committed an offense related to
11        the activities of an organized gang.  For the purposes of
12        this factor, "organized gang" has the meaning ascribed to
13        it in Section 10  of  the  Streetgang  Terrorism  Omnibus
14        Prevention Act;
15             (16)  the   defendant   committed   an   offense  in
16        violation of one of the following  Sections  while  in  a
17        school, regardless of the time of day or time of year; on
18        any  conveyance  owned, leased, or contracted by a school
19        to transport students to  or  from  school  or  a  school
20        related activity; on the real property of a school; or on
21        a  public  way  within  1,000  feet  of the real property
22        comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
23        11-17.1, 11-18.1, 11-19.1, 11-19.2,  12-2, 12-4,  12-4.1,
24        12-4.2,  12-4.3,  12-6,  12-6.1,   12-13, 12-14, 12-14.1,
25        12-15, 12-16,  18-2, or 33A-2 of  the  Criminal  Code  of
26        1961;
27             (16.5)  the   defendant   committed  an  offense  in
28        violation of one of the following Sections while in a day
29        care center, regardless of the time of  day  or  time  of
30        year;  on  the  real  property  of  a  day  care  center,
31        regardless  of  the  time of day or time of year; or on a
32        public  way  within  1,000  feet  of  the  real  property
33        comprising any day care center, regardless of the time of
34        day or time of year:  Section 10-1, 10-2, 10-5,  11-15.1,
 
                            -9-            LRB9103243EGfgam02
 1        11-17.1,  11-18.1,  11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
 2        12-4.2, 12-4.3,  12-6,  12-6.1,  12-13,  12-14,  12-14.1,
 3        12-15,  12-16,  18-2,  or  33A-2  of the Criminal Code of
 4        1961;
 5             (17)  the defendant committed the offense by  reason
 6        of   any   person's  activity  as  a  community  policing
 7        volunteer or to  prevent  any  person  from  engaging  in
 8        activity  as  a  community  policing  volunteer.  For the
 9        purpose of this Section, "community  policing  volunteer"
10        has  the  meaning  ascribed to it in Section 2-3.5 of the
11        Criminal Code of 1961; or
12             (18)  the  defendant  committed  the  offense  in  a
13        nursing home or on the real property comprising a nursing
14        home.  For the purposes of this paragraph (18),  "nursing
15        home"  means  a skilled nursing or intermediate long term
16        care facility that is subject to license by the  Illinois
17        Department  of  Public Health under the Nursing Home Care
18        Act; or.
19             (19) (18)  the defendant was  a  federally  licensed
20        firearm   dealer   and  was  previously  convicted  of  a
21        violation of subsection (a) of Section 3 of  the  Firearm
22        Owners  Identification  Card  Act  and  has now committed
23        either  a  felony  violation  of   the   Firearm   Owners
24        Identification Card Act or an act of armed violence while
25        armed with a firearm.
26        For the purposes of this Section:
27        "School"  is defined as a public or private elementary or
28    secondary school, community college, college, or university.
29        "Day  care  center"  means  a  public  or  private  State
30    certified and licensed day care center as defined in  Section
31    2.09  of  the  Child Care Act of 1969 that displays a sign in
32    plain view stating that the property is a day care center.
33        (b)  The following factors may be considered by the court
34    as reasons to impose an extended term sentence under  Section
 
                            -10-           LRB9103243EGfgam02
 1    5-8-2 upon any offender:
 2             (1)  When  a  defendant  is convicted of any felony,
 3        after having been previously convicted in Illinois or any
 4        other jurisdiction of the same or similar class felony or
 5        greater class felony, when such conviction  has  occurred
 6        within  10 years after the previous conviction, excluding
 7        time spent in custody, and such  charges  are  separately
 8        brought  and  tried  and arise out of different series of
 9        acts; or
10             (2)  When a defendant is convicted of any felony and
11        the court finds  that  the  offense  was  accompanied  by
12        exceptionally  brutal  or  heinous behavior indicative of
13        wanton cruelty; or
14             (3)  When a  defendant  is  convicted  of  voluntary
15        manslaughter,    second    degree   murder,   involuntary
16        manslaughter or reckless homicide in which the  defendant
17        has  been convicted of causing the death of more than one
18        individual; or
19             (4)  When a defendant is  convicted  of  any  felony
20        committed against:
21                  (i)  a person under 12 years of age at the time
22             of the offense or such person's property;
23                  (ii)  a  person 60 years of age or older at the
24             time of the offense or such person's property; or
25                  (iii)  a person physically handicapped  at  the
26             time of the offense or such person's property; or
27             (5)  In   the  case  of  a  defendant  convicted  of
28        aggravated criminal sexual  assault  or  criminal  sexual
29        assault,  when  the  court finds that aggravated criminal
30        sexual  assault  or  criminal  sexual  assault  was  also
31        committed on  the  same  victim  by  one  or  more  other
32        individuals,  and  the defendant voluntarily participated
33        in the crime with the knowledge of the  participation  of
34        the  others in the crime, and the commission of the crime
 
                            -11-           LRB9103243EGfgam02
 1        was part of a single course of conduct during which there
 2        was no substantial change in the nature of  the  criminal
 3        objective; or
 4             (6)  When a defendant is convicted of any felony and
 5        the  offense  involved  any  of  the  following  types of
 6        specific misconduct committed  as  part  of  a  ceremony,
 7        rite,  initiation,  observance,  performance, practice or
 8        activity  of  any   actual   or   ostensible   religious,
 9        fraternal, or social group:
10                  (i)  the  brutalizing or torturing of humans or
11             animals;
12                  (ii)  the theft of human corpses;
13                  (iii)  the kidnapping of humans;
14                  (iv)  the   desecration   of   any    cemetery,
15             religious,    fraternal,   business,   governmental,
16             educational, or other building or property; or
17                  (v)  ritualized abuse of a child; or
18             (7)  When a defendant is convicted of  first  degree
19        murder,   after   having  been  previously  convicted  in
20        Illinois of any offense listed under paragraph (c)(2)  of
21        Section  5-5-3,  when such conviction has occurred within
22        10 years after the previous  conviction,  excluding  time
23        spent in custody, and such charges are separately brought
24        and tried and arise out of different series of acts; or
25             (8)  When a defendant is convicted of a felony other
26        than  conspiracy  and the court finds that the felony was
27        committed under an agreement with 2 or more other persons
28        to commit that offense and the defendant, with respect to
29        the other individuals, occupied a position of  organizer,
30        supervisor,   financier,   or   any   other  position  of
31        management or leadership, and  the  court  further  finds
32        that   the   felony   committed  was  related  to  or  in
33        furtherance of the criminal activities  of  an  organized
34        gang or was motivated by the defendant's leadership in an
 
                            -12-           LRB9103243EGfgam02
 1        organized gang; or
 2             (9)  When  a  defendant  is  convicted  of  a felony
 3        violation of Section 24-1 of the Criminal  Code  of  1961
 4        and  the court finds that the defendant is a member of an
 5        organized gang; or
 6             (10)  When a defendant committed the offense using a
 7        firearm with a laser sight attached to it.  For  purposes
 8        of  this  paragraph  (10),  "laser sight" has the meaning
 9        ascribed to it in Section 24.6-5 of the Criminal Code  of
10        1961; or.
11             (11)  (10)  When  a  defendant  who  was at least 17
12        years of age at the time of the commission of the offense
13        is  convicted  of  a  felony  and  has  been   previously
14        adjudicated  a  delinquent minor under the Juvenile Court
15        Act of 1987 for an act that  if  committed  by  an  adult
16        would  be a Class X or Class 1 felony when the conviction
17        has  occurred  within  10  years   after   the   previous
18        adjudication, excluding time spent in custody.
19        (b-1)  For the purposes of this Section, "organized gang"
20    has  the meaning ascribed to it in Section 10 of the Illinois
21    Streetgang Terrorism Omnibus Prevention Act.
22        (c)  The court may impose an extended term sentence under
23    Section  5-8-2  upon  any  offender  who  was  convicted   of
24    aggravated  criminal  sexual  assault  or  predatory criminal
25    sexual assault of a child under subsection (a)(1) of  Section
26    12-14.1  of  the  Criminal  Code of 1961 where the victim was
27    under 18 years of age at the time of the  commission  of  the
28    offense.
29        (d)  The court may impose an extended term sentence under
30    Section 5-8-2 upon any offender who was convicted of unlawful
31    use  of  weapons  under  Section 24-1 of the Criminal Code of
32    1961  for  possessing  a   weapon   that   is   not   readily
33    distinguishable  as  one of the weapons enumerated in Section
34    24-1 of the Criminal Code of 1961.
 
                            -13-           LRB9103243EGfgam02
 1    (Source:  P.A.  90-14,  eff.  7-1-97;  90-651,  eff.  1-1-99;
 2    90-686,  eff.  1-1-99;  91-119,  eff.  1-1-00;  91-120,  eff.
 3    7-15-99; 91-252, eff. 1-1-00; 91-267,  eff.  1-1-00;  91-268,
 4    eff.  1-1-00;  91-357,  eff.  7-29-99;  91-437,  eff. 1-1-00;
 5    revised 8-30-99.)

 6        (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
 7        Sec. 5-6-3.  Conditions of Probation and  of  Conditional
 8    Discharge.
 9        (a)  The  conditions  of  probation  and  of  conditional
10    discharge shall be that the person:
11             (1)  not   violate   any  criminal  statute  of  any
12        jurisdiction;
13             (2)  report to  or  appear  in  person  before  such
14        person or agency as directed by the court;
15             (3)  refrain  from  possessing  a  firearm  or other
16        dangerous weapon;
17             (4)  not leave the State without the consent of  the
18        court  or,  in  circumstances in which the reason for the
19        absence is of such an emergency nature that prior consent
20        by  the  court  is  not  possible,  without   the   prior
21        notification  and  approval  of  the  person's  probation
22        officer;
23             (5)  permit  the  probation  officer to visit him at
24        his  home  or  elsewhere  to  the  extent  necessary   to
25        discharge his duties;
26             (6)  perform  no  less  than  30  hours of community
27        service and not more than 120 hours of community service,
28        if community service is available in the jurisdiction and
29        is funded and approved by  the  county  board  where  the
30        offense  was  committed, where the offense was related to
31        or in  furtherance  of  the  criminal  activities  of  an
32        organized  gang  and  was  motivated  by  the  offender's
33        membership  in  or  allegiance to an organized gang.  The
 
                            -14-           LRB9103243EGfgam02
 1        community service shall include, but not be  limited  to,
 2        the  cleanup  and  repair  of  any  damage  caused  by  a
 3        violation  of Section 21-1.3 of the Criminal Code of 1961
 4        and  similar  damage  to  property  located  within   the
 5        municipality  or  county in which the violation occurred.
 6        When  possible  and  reasonable,  the  community  service
 7        should be performed in the offender's neighborhood.   For
 8        purposes  of  this  Section,  "organized  gang"  has  the
 9        meaning  ascribed  to  it  in  Section 10 of the Illinois
10        Streetgang Terrorism Omnibus Prevention Act;
11             (7)  if he or she is at least 17 years  of  age  and
12        has  been sentenced to probation or conditional discharge
13        for a misdemeanor or felony in a county of  3,000,000  or
14        more inhabitants and has not been previously convicted of
15        a   misdemeanor   or  felony,  may  be  required  by  the
16        sentencing court to attend educational  courses  designed
17        to prepare the defendant for a high school diploma and to
18        work  toward  a  high  school  diploma  or to work toward
19        passing the high school level Test of General Educational
20        Development  (GED)  or  to  work  toward   completing   a
21        vocational  training  program approved by the court.  The
22        person on probation or conditional discharge must  attend
23        a   public   institution   of  education  to  obtain  the
24        educational  or  vocational  training  required  by  this
25        clause (7).  The court  shall  revoke  the  probation  or
26        conditional  discharge  of a person who wilfully fails to
27        comply with this clause (7).  The person on probation  or
28        conditional  discharge  shall  be required to pay for the
29        cost of the educational courses or GED test, if a fee  is
30        charged  for  those  courses  or  test.   The court shall
31        resentence the offender whose  probation  or  conditional
32        discharge  has been revoked as provided in Section 5-6-4.
33        This clause (7) does not apply to a person who has a high
34        school diploma or has successfully passed the  GED  test.
 
                            -15-           LRB9103243EGfgam02
 1        This  clause  (7)  does  not  apply  to  a  person who is
 2        determined by the court to be developmentally disabled or
 3        otherwise   mentally   incapable   of   completing    the
 4        educational or vocational program; and
 5             (8)   if  convicted  of  possession  of  a substance
 6        prohibited  by  the  Cannabis  Control  Act  or  Illinois
 7        Controlled Substances Act after a previous conviction  or
 8        disposition  of supervision for possession of a substance
 9        prohibited  by  the  Cannabis  Control  Act  or  Illinois
10        Controlled  Substances  Act  or  after  a   sentence   of
11        probation under Section 10 of the Cannabis Control Act or
12        Section 410 of the Illinois Controlled Substances Act and
13        upon  a finding by the court that the person is addicted,
14        undergo treatment at a substance abuse  program  approved
15        by the court.
16        (b)  The  Court  may  in  addition  to  other  reasonable
17    conditions  relating  to  the  nature  of  the offense or the
18    rehabilitation  of  the  defendant  as  determined  for  each
19    defendant in the proper discretion of the Court require  that
20    the person:
21             (1)  serve  a  term  of  periodic imprisonment under
22        Article 7 for a period not to exceed  that  specified  in
23        paragraph (d) of Section 5-7-1;
24             (2)  pay a fine and costs;
25             (3)  work  or pursue a course of study or vocational
26        training;
27             (4)  undergo medical, psychological  or  psychiatric
28        treatment; or treatment for drug addiction or alcoholism;
29             (5)  attend  or reside in a facility established for
30        the instruction or residence of defendants on probation;
31             (6)  support his dependents;
32             (7)  and in addition, if a minor:
33                  (i)  reside with his parents  or  in  a  foster
34             home;
 
                            -16-           LRB9103243EGfgam02
 1                  (ii)  attend school;
 2                  (iii)  attend  a  non-residential  program  for
 3             youth;
 4                  (iv)  contribute  to his own support at home or
 5             in a foster home;
 6             (8)  make restitution as provided in  Section  5-5-6
 7        of this Code;
 8             (9)  perform  some  reasonable  public  or community
 9        service;
10             (10)  serve a term of home confinement.  In addition
11        to  any  other  applicable  condition  of  probation   or
12        conditional discharge, the conditions of home confinement
13        shall be that the offender:
14                  (i)  remain within the interior premises of the
15             place  designated  for  his  confinement  during the
16             hours designated by the court;
17                  (ii)  admit any person or agent  designated  by
18             the  court  into the offender's place of confinement
19             at any time for purposes of verifying the offender's
20             compliance with the conditions of  his  confinement;
21             and
22                  (iii)  if further deemed necessary by the court
23             or  the  Probation  or Court Services Department, be
24             placed on an approved electronic monitoring  device,
25             subject to Article 8A of Chapter V;
26                  (iv)  for  persons  convicted  of  any alcohol,
27             cannabis or controlled substance violation  who  are
28             placed   on  an  approved  monitoring  device  as  a
29             condition of probation or conditional discharge, the
30             court shall impose a reasonable fee for each day  of
31             the  use of the device, as established by the county
32             board in subsection  (g)  of  this  Section,  unless
33             after  determining  the inability of the offender to
34             pay the fee, the court assesses a lesser fee  or  no
 
                            -17-           LRB9103243EGfgam02
 1             fee as the case may be. This fee shall be imposed in
 2             addition  to  the fees imposed under subsections (g)
 3             and (i) of this Section. The fee shall be  collected
 4             by the clerk of the circuit court.  The clerk of the
 5             circuit  court  shall  pay all monies collected from
 6             this fee to the county treasurer for deposit in  the
 7             substance abuse services fund under Section 5-1086.1
 8             of the Counties Code; and
 9                  (v)  for  persons  convicted  of offenses other
10             than those referenced in clause (iv) above  and  who
11             are  placed  on  an  approved monitoring device as a
12             condition of probation or conditional discharge, the
13             court shall impose a reasonable fee for each day  of
14             the  use of the device, as established by the county
15             board in subsection  (g)  of  this  Section,  unless
16             after  determining the inability of the defendant to
17             pay the fee, the court assesses a lesser fee  or  no
18             fee  as  the case may be.  This fee shall be imposed
19             in addition to the fees  imposed  under  subsections
20             (g)  and  (i)  of  this  Section.   The fee shall be
21             collected by the clerk of the  circuit  court.   The
22             clerk  of  the  circuit  court  shall pay all monies
23             collected from this fee to the county treasurer  who
24             shall  use  the monies collected to defray the costs
25             of corrections.  The county treasurer shall  deposit
26             the  fee  collected  in the county working cash fund
27             under Section 6-27001  or  Section  6-29002  of  the
28             Counties Code, as the case may be.
29             (11)  comply  with  the  terms  and conditions of an
30        order of protection issued by the court pursuant  to  the
31        Illinois  Domestic  Violence  Act  of  1986,  as  now  or
32        hereafter  amended.  A  copy  of  the order of protection
33        shall be transmitted to the probation officer  or  agency
34        having responsibility for the case;
 
                            -18-           LRB9103243EGfgam02
 1             (12)  reimburse  any  "local  anti-crime program" as
 2        defined in Section 7 of the Anti-Crime  Advisory  Council
 3        Act  for  any reasonable expenses incurred by the program
 4        on the offender's case, not to exceed the maximum  amount
 5        of  the  fine  authorized  for  the offense for which the
 6        defendant was sentenced;
 7             (13)  contribute a reasonable sum of money,  not  to
 8        exceed  the maximum amount of the fine authorized for the
 9        offense for which  the  defendant  was  sentenced,  to  a
10        "local  anti-crime  program",  as defined in Section 7 of
11        the Anti-Crime Advisory Council Act;
12             (14)  refrain  from  entering  into   a   designated
13        geographic area except upon such terms as the court finds
14        appropriate.  Such terms may include consideration of the
15        purpose of the entry, the  time  of  day,  other  persons
16        accompanying  the  defendant,  and  advance approval by a
17        probation officer, if the defendant has  been  placed  on
18        probation  or  advance  approval  by  the  court,  if the
19        defendant was placed on conditional discharge;
20             (15)  refrain from having any contact,  directly  or
21        indirectly,  with certain specified persons or particular
22        types of persons, including but not limited to members of
23        street gangs and drug users or dealers;
24             (16)  refrain from having in his  or  her  body  the
25        presence  of  any illicit drug prohibited by the Cannabis
26        Control Act or the Illinois  Controlled  Substances  Act,
27        unless  prescribed  by a physician, and submit samples of
28        his or her blood or urine or both for tests to  determine
29        the presence of any illicit drug.
30        (c)  The  court  may  as  a  condition of probation or of
31    conditional discharge require that a person under 18 years of
32    age found guilty  of  any  alcohol,  cannabis  or  controlled
33    substance   violation,  refrain  from  acquiring  a  driver's
34    license  during  the  period  of  probation  or   conditional
 
                            -19-           LRB9103243EGfgam02
 1    discharge.   If  such  person is in possession of a permit or
 2    license, the court may require that the  minor  refrain  from
 3    driving  or  operating any motor vehicle during the period of
 4    probation  or  conditional  discharge,  except  as   may   be
 5    necessary in the course of the minor's lawful employment.
 6        (d)  An offender sentenced to probation or to conditional
 7    discharge  shall  be  given  a  certificate setting forth the
 8    conditions thereof.
 9        (e)  The court shall not require as a  condition  of  the
10    sentence  of  probation  or  conditional  discharge  that the
11    offender be committed to a period of imprisonment  in  excess
12    of 6 months.  This 6 month limit shall not include periods of
13    confinement  given  pursuant  to  a sentence of county impact
14    incarceration under Section 5-8-1.2.
15        Persons committed  to  imprisonment  as  a  condition  of
16    probation  or conditional discharge shall not be committed to
17    the Department of Corrections.
18        (f)  The  court  may  combine  a  sentence  of   periodic
19    imprisonment under Article 7 or a sentence to a county impact
20    incarceration  program  under  Article  8  with a sentence of
21    probation or conditional discharge.
22        (g)  An offender sentenced to probation or to conditional
23    discharge  and  who  during  the  term  of  either  undergoes
24    mandatory drug or alcohol testing, or both, or is assigned to
25    be placed on an approved electronic monitoring device,  shall
26    be ordered to pay all costs incidental to such mandatory drug
27    or alcohol testing, or both, and all costs incidental to such
28    approved   electronic   monitoring  in  accordance  with  the
29    defendant's ability to pay those  costs.   The  county  board
30    with  the  concurrence  of  the  Chief  Judge of the judicial
31    circuit in  which  the  county  is  located  shall  establish
32    reasonable  fees  for  the  cost of maintenance, testing, and
33    incidental expenses related to the mandatory drug or  alcohol
34    testing,  or  both,  and  all  costs  incidental  to approved
 
                            -20-           LRB9103243EGfgam02
 1    electronic monitoring, involved  in  a  successful  probation
 2    program  for  the county.  The concurrence of the Chief Judge
 3    shall be in the form of an  administrative  order.  The  fees
 4    shall  be  collected  by the clerk of the circuit court.  The
 5    clerk of the circuit court shall  pay  all  moneys  collected
 6    from  these  fees  to  the county treasurer who shall use the
 7    moneys collected to defray the costs of drug testing, alcohol
 8    testing, and  electronic  monitoring.  The  county  treasurer
 9    shall  deposit  the fees collected in the county working cash
10    fund under Section 6-27001 or Section 6-29002 of the Counties
11    Code, as the case may be.
12        (h)  Jurisdiction over an  offender  may  be  transferred
13    from  the  sentencing  court  to the court of another circuit
14    with the concurrence of both  courts,  or  to  another  state
15    under   an   Interstate  Probation  Reciprocal  Agreement  as
16    provided in Section 3-3-11.  Further transfers or retransfers
17    of jurisdiction are also authorized in the same manner.   The
18    court  to  which jurisdiction has been transferred shall have
19    the same powers as the sentencing court.
20        (i)  The court shall impose upon an offender sentenced to
21    probation after January 1, 1989 or to  conditional  discharge
22    after  January  1,  1992, as a condition of such probation or
23    conditional discharge,  a  fee  of  $25  for  each  month  of
24    probation or conditional discharge supervision ordered by the
25    court,  unless  after determining the inability of the person
26    sentenced to probation or conditional discharge  to  pay  the
27    fee,  the  court  assesses  a  lesser  fee. The court may not
28    impose the fee on a minor who is made a  ward  of  the  State
29    under  the  Juvenile  Court Act of 1987 while the minor is in
30    placement. The fee shall be imposed only upon an offender who
31    is actively supervised by the probation  and  court  services
32    department.   The  fee shall be collected by the clerk of the
33    circuit court.  The clerk of the circuit court shall pay  all
34    monies  collected  from  this fee to the county treasurer for
 
                            -21-           LRB9103243EGfgam02
 1    deposit in  the  probation  and  court  services  fund  under
 2    Section 15.1 of the Probation and Probation Officers Act.
 3        (j)  All  fines  and costs imposed under this Section for
 4    any violation of Chapters 3, 4, 6, and  11  of  the  Illinois
 5    Vehicle  Code,  or  a similar provision of a local ordinance,
 6    and any violation of the Child Passenger Protection Act, or a
 7    similar provision of a local ordinance,  shall  be  collected
 8    and  disbursed by the circuit clerk as provided under Section
 9    27.5 of the Clerks of Courts Act.
10    (Source: P.A.  90-14,  eff.  7-1-97;  90-399,  eff.   1-1-98;
11    90-504,  eff.  1-1-98;  90-655,  eff.  7-30-98;  91-325, eff.
12    7-29-99.)

13        (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
14        Sec. 5-6-3.1.  Incidents and Conditions of Supervision.
15        (a)  When a defendant is placed on supervision, the court
16    shall enter an order for supervision specifying the period of
17    such supervision, and shall defer further proceedings in  the
18    case until the conclusion of the period.
19        (b)  The  period of supervision shall be reasonable under
20    all of the circumstances of the case, but may not  be  longer
21    than  2  years,  unless  the  defendant has failed to pay the
22    assessment required by Section 10.3 of the  Cannabis  Control
23    Act  or  Section  411.2 of the Illinois Controlled Substances
24    Act, in which case the court may extend supervision beyond  2
25    years.  Additionally,  the court shall order the defendant to
26    perform no less than 30 hours of community  service  and  not
27    more  than  120  hours  of  community  service,  if community
28    service is available in the jurisdiction and  is  funded  and
29    approved by the county board where the offense was committed,
30    when  the offense (1) was related to or in furtherance of the
31    criminal activities of an organized gang or was motivated  by
32    the  defendant's  membership in or allegiance to an organized
33    gang; or (2) is a violation of any Section of Article  24  of
 
                            -22-           LRB9103243EGfgam02
 1    the  Criminal Code of 1961 where a disposition of supervision
 2    is not prohibited  by  Section  5-6-1  of  this  Code.    The
 3    community  service  shall include, but not be limited to, the
 4    cleanup and repair of  any  damage  caused  by  violation  of
 5    Section  21-1.3  of  the  Criminal  Code  of 1961 and similar
 6    damages to property located within the municipality or county
 7    in  which  the  violation  occurred.   Where   possible   and
 8    reasonable,  the community service should be performed in the
 9    offender's neighborhood.
10        For the purposes of this Section,  "organized  gang"  has
11    the  meaning  ascribed  to  it  in Section 10 of the Illinois
12    Streetgang Terrorism Omnibus Prevention Act.
13        (c)  The  court  may  in  addition  to  other  reasonable
14    conditions relating to the  nature  of  the  offense  or  the
15    rehabilitation  of  the  defendant  as  determined  for  each
16    defendant  in the proper discretion of the court require that
17    the person:
18             (1)  make a report to and appear in person before or
19        participate with the court or  such  courts,  person,  or
20        social  service  agency  as  directed by the court in the
21        order of supervision;
22             (2)  pay a fine and costs;
23             (3)  work or pursue a course of study or  vocational
24        training;
25             (4)  undergo  medical,  psychological or psychiatric
26        treatment; or treatment for drug addiction or alcoholism;
27             (5)  attend or reside in a facility established  for
28        the instruction or residence of defendants on probation;
29             (6)  support his dependents;
30             (7)  refrain  from  possessing  a  firearm  or other
31        dangerous weapon;
32             (8)  and in addition, if a minor:
33                  (i)  reside with his parents  or  in  a  foster
34             home;
 
                            -23-           LRB9103243EGfgam02
 1                  (ii)  attend school;
 2                  (iii)  attend  a  non-residential  program  for
 3             youth;
 4                  (iv)  contribute  to his own support at home or
 5             in a foster home; and
 6             (9)  make restitution or reparation in an amount not
 7        to exceed actual loss or damage to property and pecuniary
 8        loss  or  make  restitution  under  Section  5-5-6  to  a
 9        domestic violence shelter.  The court shall determine the
10        amount and conditions of payment;
11             (10)  perform some reasonable  public  or  community
12        service;
13             (11)  comply  with  the  terms  and conditions of an
14        order of protection issued by the court pursuant  to  the
15        Illinois  Domestic Violence Act of 1986. If the court has
16        ordered the defendant to make  a  report  and  appear  in
17        person  under paragraph (1) of this subsection, a copy of
18        the order of  protection  shall  be  transmitted  to  the
19        person or agency so designated by the court;
20             (12)  reimburse  any  "local  anti-crime program" as
21        defined in Section 7 of the Anti-Crime  Advisory  Council
22        Act  for  any reasonable expenses incurred by the program
23        on the offender's case, not to exceed the maximum  amount
24        of  the  fine  authorized  for  the offense for which the
25        defendant was sentenced;
26             (13)  contribute a reasonable sum of money,  not  to
27        exceed  the maximum amount of the fine authorized for the
28        offense for which  the  defendant  was  sentenced,  to  a
29        "local  anti-crime  program",  as defined in Section 7 of
30        the Anti-Crime Advisory Council Act;
31             (14)  refrain  from  entering  into   a   designated
32        geographic area except upon such terms as the court finds
33        appropriate.  Such terms may include consideration of the
34        purpose  of  the  entry,  the  time of day, other persons
 
                            -24-           LRB9103243EGfgam02
 1        accompanying the defendant, and  advance  approval  by  a
 2        probation officer;
 3             (15)  refrain  from  having any contact, directly or
 4        indirectly, with certain specified persons or  particular
 5        types  of person, including but not limited to members of
 6        street gangs and drug users or dealers;
 7             (16)  refrain from having in his  or  her  body  the
 8        presence  of  any illicit drug prohibited by the Cannabis
 9        Control Act or the Illinois  Controlled  Substances  Act,
10        unless  prescribed  by a physician, and submit samples of
11        his or her blood or urine or both for tests to  determine
12        the presence of any illicit drug;
13             (17)  refrain  from  operating any motor vehicle not
14        equipped with an ignition interlock device as defined  in
15        Section 1-129.1 of the Illinois Vehicle Code.  Under this
16        condition  the  court  may  allow  a defendant who is not
17        self-employed  to  operate  a  vehicle   owned   by   the
18        defendant's   employer  that  is  not  equipped  with  an
19        ignition interlock device in the course and scope of  the
20        defendant's employment.
21        (d)  The  court  shall defer entering any judgment on the
22    charges until the conclusion of the supervision.
23        (e)  At the conclusion of the period of  supervision,  if
24    the  court  determines  that  the  defendant has successfully
25    complied with all of the conditions of supervision, the court
26    shall discharge the defendant and enter a judgment dismissing
27    the charges.
28        (f)  Discharge and dismissal upon a successful conclusion
29    of a disposition  of  supervision  shall  be  deemed  without
30    adjudication  of  guilt  and shall not be termed a conviction
31    for purposes of disqualification or disabilities  imposed  by
32    law  upon  conviction  of  a  crime.   Two  years  after  the
33    discharge  and  dismissal  under  this  Section,  unless  the
34    disposition  of  supervision  was for a violation of Sections
 
                            -25-           LRB9103243EGfgam02
 1    3-707, 3-708, 3-710,  5-401.3,  or  11-503  of  the  Illinois
 2    Vehicle  Code or a similar provision of a local ordinance, or
 3    for a violation of Sections 12-3.2 or 16A-3 of  the  Criminal
 4    Code  of  1961,  in  which  case  it  shall  be 5 years after
 5    discharge and dismissal, a person  may  have  his  record  of
 6    arrest  sealed  or  expunged  as  may  be  provided  by  law.
 7    However,  any  defendant placed on supervision before January
 8    1, 1980, may move for sealing or expungement  of  his  arrest
 9    record,  as  provided by law, at any time after discharge and
10    dismissal under this Section. A person placed on  supervision
11    for  a sexual offense committed against a minor as defined in
12    subsection (g) of Section 5 of  the  Criminal  Identification
13    Act  or  for  a  violation  of Section 11-501 of the Illinois
14    Vehicle Code or a similar  provision  of  a  local  ordinance
15    shall  not  have  his  or  her  record  of  arrest  sealed or
16    expunged.
17        (g)  A defendant placed on supervision and who during the
18    period of supervision undergoes  mandatory  drug  or  alcohol
19    testing,  or both, or is assigned to be placed on an approved
20    electronic monitoring device, shall be  ordered  to  pay  the
21    costs  incidental  to such mandatory drug or alcohol testing,
22    or both, and costs incidental  to  such  approved  electronic
23    monitoring  in accordance with the defendant's ability to pay
24    those costs. The county board with  the  concurrence  of  the
25    Chief  Judge  of  the judicial circuit in which the county is
26    located shall establish  reasonable  fees  for  the  cost  of
27    maintenance,  testing, and incidental expenses related to the
28    mandatory drug or alcohol testing, or  both,  and  all  costs
29    incidental   to   approved   electronic  monitoring,  of  all
30    defendants placed on supervision.   The  concurrence  of  the
31    Chief  Judge shall be in the form of an administrative order.
32    The fees shall be collected  by  the  clerk  of  the  circuit
33    court.   The  clerk of the circuit court shall pay all moneys
34    collected from these fees to the county treasurer  who  shall
 
                            -26-           LRB9103243EGfgam02
 1    use the moneys collected to defray the costs of drug testing,
 2    alcohol   testing,  and  electronic  monitoring.  The  county
 3    treasurer shall deposit the  fees  collected  in  the  county
 4    working cash fund under Section 6-27001 or Section 6-29002 of
 5    the Counties Code, as the case may be.
 6        (h)  A  disposition  of  supervision is a final order for
 7    the purposes of appeal.
 8        (i)  The court shall impose upon a  defendant  placed  on
 9    supervision   after  January  1,  1992,  as  a  condition  of
10    supervision, a fee of  $25  for  each  month  of  supervision
11    ordered  by the court, unless after determining the inability
12    of the person placed on supervision to pay the fee, the court
13    assesses a lesser fee. The court may not impose the fee on  a
14    minor  who  is  made  a  ward of the State under the Juvenile
15    Court Act of 1987 while the minor is in placement.   The  fee
16    shall  be  imposed  only  upon  a  defendant  who is actively
17    supervised by the probation and  court  services  department.
18    The fee shall be collected by the clerk of the circuit court.
19    The clerk of the circuit court shall pay all monies collected
20    from  this  fee  to  the  county treasurer for deposit in the
21    probation and court services fund pursuant to Section 15.1 of
22    the Probation and Probation Officers Act.
23        (j)  All fines and costs imposed under this  Section  for
24    any  violation  of  Chapters  3, 4, 6, and 11 of the Illinois
25    Vehicle Code, or a similar provision of  a  local  ordinance,
26    and any violation of the Child Passenger Protection Act, or a
27    similar  provision  of  a local ordinance, shall be collected
28    and disbursed by the circuit clerk as provided under  Section
29    27.5 of the Clerks of Courts Act.
30        (k)  A  defendant  at least 17 years of age who is placed
31    on supervision for a misdemeanor in a county of 3,000,000  or
32    more inhabitants and who has not been previously convicted of
33    a  misdemeanor  or  felony  may  as a condition of his or her
34    supervision be required by the court  to  attend  educational
 
                            -27-           LRB9103243EGfgam02
 1    courses  designed  to prepare the defendant for a high school
 2    diploma and to work toward a high school diploma or  to  work
 3    toward   passing  the  high  school  level  Test  of  General
 4    Educational Development (GED) or to work toward completing  a
 5    vocational  training  program  approved  by  the  court.  The
 6    defendant  placed  on  supervision  must  attend   a   public
 7    institution   of  education  to  obtain  the  educational  or
 8    vocational training required by  this  subsection  (k).   The
 9    defendant  placed on supervision shall be required to pay for
10    the cost of the educational courses or GED test, if a fee  is
11    charged  for  those  courses or test.  The court shall revoke
12    the supervision of a person who wilfully fails to comply with
13    this  subsection  (k).   The  court  shall   resentence   the
14    defendant  upon  revocation  of  supervision  as  provided in
15    Section 5-6-4.  This subsection  (k)  does  not  apply  to  a
16    defendant  who  has a high school diploma or has successfully
17    passed the GED test. This subsection (k) does not apply to  a
18    defendant   who   is   determined   by   the   court   to  be
19    developmentally disabled or otherwise mentally  incapable  of
20    completing the educational or vocational program.
21        (l)   The  court  shall  require  a  defendant  placed on
22    supervision for possession of a substance prohibited  by  the
23    Cannabis  Control  Act  or Illinois Controlled Substances Act
24    after a previous conviction or disposition of supervision for
25    possession of a substance prohibited by the Cannabis  Control
26    Act  or  Illinois  Controlled Substances Act or a sentence of
27    probation under Section 10 of the  Cannabis  Control  Act  or
28    Section  410  of  the  Illinois Controlled Substances Act and
29    after a finding by the court that the person is addicted,  to
30    undergo  treatment  at  a substance abuse program approved by
31    the court.
32        (m)  The  court  shall  require  a  defendant  placed  on
33    supervision for a violation of Section 3-707 of the  Illinois
34    Vehicle  Code or a similar provision of a local ordinance, as
 
                            -28-           LRB9103243EGfgam02
 1    a condition of supervision, to  give  proof  of  his  or  her
 2    financial  responsibility  as defined in Section 7-315 of the
 3    Illinois Vehicle Code.  The proof shall be maintained by  the
 4    defendant  in a manner satisfactory to the Secretary of State
 5    for a minimum period of one year after the date the proof  is
 6    first  filed.   The  Secretary  of  State  shall  suspend the
 7    driver's license of any person determined by the Secretary to
 8    be in violation of this subsection.
 9    (Source:  P.A.  90-14,  eff.  7-1-97;  90-399,  eff.  1-1-98;
10    90-504, eff.  1-1-98;  90-655,  eff.  7-30-98;  90-784,  eff.
11    1-1-99; 91-127, eff. 1-1-00.)

12                      ARTICLE 20. ALCOHOL ABUSE

13        Section  20-900.  The Illinois Vehicle Code is amended by
14    re-enacting Sections 6-303 and 11-501 as follows:

15        (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
16        Sec. 6-303.  Driving while driver's  license,  permit  or
17    privilege to operate a motor vehicle is suspended or revoked.
18        (a)  Any  person  who  drives  or  is  in actual physical
19    control of a motor vehicle on any highway of this State at  a
20    time when such person's driver's license, permit or privilege
21    to  do  so  or  the privilege to obtain a driver's license or
22    permit is revoked or suspended as provided by  this  Code  or
23    the  law  of  another  state,  except  as may be specifically
24    allowed  by  a  judicial  driving  permit,  family  financial
25    responsibility driving permit, probationary license to drive,
26    or a restricted driving permit issued pursuant to  this  Code
27    or under the law of another state, shall be guilty of a Class
28    A misdemeanor.
29        (b)  The  Secretary  of  State upon receiving a report of
30    the conviction of  any  violation  indicating  a  person  was
31    operating  a motor vehicle during the time when said person's
 
                            -29-           LRB9103243EGfgam02
 1    driver's license, permit or privilege was  suspended  by  the
 2    Secretary,  by the appropriate authority of another state, or
 3    pursuant to Section 11-501.1; except as may  be  specifically
 4    allowed  by a probationary license to drive, judicial driving
 5    permit or restricted driving permit issued pursuant  to  this
 6    Code or the law of another state; shall extend the suspension
 7    for  the  same  period  of  time  as  the  originally imposed
 8    suspension; however, if the period  of  suspension  has  then
 9    expired,  the  Secretary  shall be authorized to suspend said
10    person's driving privileges for the same period  of  time  as
11    the  originally imposed suspension; and if the conviction was
12    upon a charge which indicated that  a  vehicle  was  operated
13    during the time when the person's driver's license, permit or
14    privilege  was  revoked;  except  as  may  be  allowed  by  a
15    restricted driving permit issued pursuant to this Code or the
16    law  of  another  state;  the  Secretary  shall  not  issue a
17    driver's license for an additional period of  one  year  from
18    the  date  of  such  conviction  indicating  such  person was
19    operating a vehicle during such period of revocation.
20        (c)  Any person convicted of violating this Section shall
21    serve a minimum term of imprisonment of 7 consecutive days or
22    30 days  of  community  service  when  the  person's  driving
23    privilege was revoked or suspended as a result of:
24             (1)  a violation of Section 11-501 of this Code or a
25        similar  provision  of  a local ordinance relating to the
26        offense of operating or being in physical  control  of  a
27        vehicle  while  under the influence of alcohol, any other
28        drug or any combination thereof; or
29             (2)  a violation of paragraph (b) of Section  11-401
30        of  this Code or a similar provision of a local ordinance
31        relating to the offense of leaving the scene of  a  motor
32        vehicle accident involving personal injury or death; or
33             (3)  a violation of Section 9-3 of the Criminal Code
34        of  1961, as amended, relating to the offense of reckless
 
                            -30-           LRB9103243EGfgam02
 1        homicide; or
 2             (4)  a statutory summary  suspension  under  Section
 3        11-501.1 of this Code.
 4        Such  sentence of imprisonment or community service shall
 5    not  be  subject  to  suspension  in  order  to  reduce  such
 6    sentence.
 7        (d)  Any person  convicted  of  a  second  or  subsequent
 8    violation of this Section shall be guilty of a Class 4 felony
 9    if  the original revocation or suspension was for a violation
10    of Section 11-401 or  11-501  of  this  Code,  or  a  similar
11    out-of-state  offense,  or  a  similar  provision  of a local
12    ordinance, a violation of Section 9-3 of the Criminal Code of
13    1961, relating to the offense  of  reckless  homicide,  or  a
14    similar   out-of-state   offense,   or  a  statutory  summary
15    suspension under Section 11-501.1 of this Code.
16        (e)  Any person in violation of this Section who is  also
17    in  violation  of  Section  7-601  of  this  Code relating to
18    mandatory  insurance  requirements,  in  addition  to   other
19    penalties  imposed  under this Section, shall have his or her
20    motor vehicle immediately  impounded  by  the  arresting  law
21    enforcement  officer.    The motor vehicle may be released to
22    any licensed driver upon a showing of proof of insurance  for
23    the  vehicle  that  was  impounded  and the notarized written
24    consent for the release by the vehicle owner.
25        (f)  For any prosecution under this Section, a  certified
26    copy  of  the  driving  abstract  of  the  defendant shall be
27    admitted as proof of any prior conviction.
28    (Source: P.A. 89-8, eff. 3-21-95; 89-92, eff. 7-1-96; 89-159,
29    eff. 1-1-96;  89-626,  eff.  8-9-96;  90-400,  eff.  8-15-97;
30    90-738, eff. 1-1-99.)

31        (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
32        Sec.  11-501.   Driving  while  under  the  influence  of
33    alcohol,  other  drug  or  drugs,  intoxicating  compound  or
 
                            -31-           LRB9103243EGfgam02
 1    compounds or any combination thereof.
 2        (a)  A  person  shall  not drive or be in actual physical
 3    control of any vehicle within this State while:
 4             (1)  the alcohol concentration in the person's blood
 5        or breath is 0.08 or more  based  on  the  definition  of
 6        blood and breath units in Section 11-501.2;
 7             (2)  under the influence of alcohol;
 8             (3)  under   the   influence   of  any  intoxicating
 9        compound or combination of intoxicating  compounds  to  a
10        degree  that  renders  the  person  incapable  of driving
11        safely;
12             (4)  under  the  influence  of  any  other  drug  or
13        combination of drugs to a degree that renders the  person
14        incapable of safely driving;
15             (5)  under  the combined influence of alcohol, other
16        drug or drugs, or intoxicating compound or compounds to a
17        degree  that  renders  the  person  incapable  of  safely
18        driving; or
19             (6)  there is any amount of a  drug,  substance,  or
20        compound   in   the  person's  breath,  blood,  or  urine
21        resulting  from  the  unlawful  use  or  consumption   of
22        cannabis listed in the Cannabis Control Act, a controlled
23        substance  listed  in  the Illinois Controlled Substances
24        Act, or an intoxicating compound listed  in  the  Use  of
25        Intoxicating Compounds Act.
26        (b)  The fact that any person charged with violating this
27    Section is or has been legally entitled to use alcohol, other
28    drug  or drugs, or intoxicating compound or compounds, or any
29    combination thereof,  shall not constitute a defense  against
30    any charge of violating this Section.
31        (c)  Except as provided under paragraphs (c-3) and (d) of
32    this  Section,  every  person  convicted  of  violating  this
33    Section or a similar provision of a local ordinance, shall be
34    guilty of a Class A misdemeanor and, in addition to any other
 
                            -32-           LRB9103243EGfgam02
 1    criminal  or administrative action, for any second conviction
 2    of violating this Section or a similar provision of a law  of
 3    another  state or local ordinance committed within 5 years of
 4    a previous violation of this Section or a  similar  provision
 5    of  a  local  ordinance  shall  be mandatorily sentenced to a
 6    minimum of 48 consecutive hours of imprisonment  or  assigned
 7    to  a  minimum  of  100  hours of community service as may be
 8    determined by the court.  Every person convicted of violating
 9    this Section or a similar  provision  of  a  local  ordinance
10    shall  be  subject  to a mandatory minimum fine of $500 and a
11    mandatory 5 days of community service in a program benefiting
12    children if the person committed a violation of paragraph (a)
13    or  a  similar  provision  of   a   local   ordinance   while
14    transporting a person under age 16.  Every person convicted a
15    second time for violating this Section or a similar provision
16    of  a  local ordinance within 5 years of a previous violation
17    of this Section or a similar provision of a  law  of  another
18    state  or  local  ordinance  shall  be subject to a mandatory
19    minimum fine of $500  and  10  days  of  mandatory  community
20    service  in  a  program  benefiting  children  if the current
21    offense was committed while transporting a person  under  age
22    16.   The  imprisonment  or  assignment under this subsection
23    shall not be subject to suspension nor shall  the  person  be
24    eligible  for  probation  in  order to reduce the sentence or
25    assignment.
26        (c-1) (1)  A person who violates this  Section  during  a
27        period in which his or her driving privileges are revoked
28        or  suspended, where the revocation or suspension was for
29        a violation of this Section, Section 11-501.1,  paragraph
30        (b)  of  Section  11-401,  or Section 9-3 of the Criminal
31        Code of 1961 is guilty of a Class 4 felony.
32             (2)  A person who violates this Section a third time
33        during a period in which his or  her  driving  privileges
34        are   revoked   or  suspended  where  the  revocation  or
 
                            -33-           LRB9103243EGfgam02
 1        suspension was for a violation of this  Section,  Section
 2        11-501.1, paragraph (b) of Section 11-401, or Section 9-3
 3        of  the  Criminal  Code  of  1961  is guilty of a Class 3
 4        felony.
 5             (3)  A person who violates this Section a fourth  or
 6        subsequent  time  during  a  period  in  which his or her
 7        driving privileges are revoked  or  suspended  where  the
 8        revocation  or  suspension  was  for  a violation of this
 9        Section,  Section  11-501.1,  paragraph  (b)  of  Section
10        11-401, or Section 9-3 of the Criminal Code  of  1961  is
11        guilty of a Class 2 felony.
12        (c-2)  (Blank).
13        (c-3)  Every  person  convicted of violating this Section
14    or a similar provision of a local ordinance who had  a  child
15    under  age 16 in the vehicle at the time of the offense shall
16    have his or her punishment under this Act enhanced by 2  days
17    of  imprisonment for a first offense, 10 days of imprisonment
18    for a second offense, 30 days of  imprisonment  for  a  third
19    offense,  and  90  days  of  imprisonment  for  a  fourth  or
20    subsequent  offense,  in  addition  to the fine and community
21    service  required  under  subsection  (c)  and  the  possible
22    imprisonment required under subsection (d).  The imprisonment
23    or assignment under this subsection shall not be  subject  to
24    suspension  nor shall the person be eligible for probation in
25    order to reduce the sentence or assignment.
26        (d) (1)  Every person convicted of committing a violation
27    of this Section shall be guilty of aggravated  driving  under
28    the   influence   of   alcohol,   other  drug  or  drugs,  or
29    intoxicating  compound  or  compounds,  or  any   combination
30    thereof if:
31             (A)  the   person  committed  a  violation  of  this
32        Section, or a similar provision of a law of another state
33        or a local ordinance when the cause of action is the same
34        as or substantially similar  to  this  Section,  for  the
 
                            -34-           LRB9103243EGfgam02
 1        third or subsequent time;
 2             (B)  the  person  committed a violation of paragraph
 3        (a) while driving a school bus with children on board;
 4             (C)  the  person  in  committing  a   violation   of
 5        paragraph  (a)  was  involved in a motor vehicle accident
 6        that  resulted  in  great  bodily   harm   or   permanent
 7        disability   or   disfigurement   to  another,  when  the
 8        violation was a proximate cause of the injuries; or
 9             (D)  the person committed a violation  of  paragraph
10        (a)  for  a second time and has been previously convicted
11        of violating Section 9-3 of the  Criminal  Code  of  1961
12        relating  to  reckless  homicide  in which the person was
13        determined to have been under the influence  of  alcohol,
14        other   drug   or  drugs,  or  intoxicating  compound  or
15        compounds as an element of the offense or the person  has
16        previously  been convicted under subparagraph (C) of this
17        paragraph (1).
18        (2)  Aggravated driving under the influence  of  alcohol,
19    other  drug  or drugs, or intoxicating compound or compounds,
20    or any combination thereof is a Class 4 felony  for  which  a
21    person,  if  sentenced  to  a  term of imprisonment, shall be
22    sentenced to not less than one year and not more than 3 years
23    for a violation of subparagraph (A), (B) or (D) of  paragraph
24    (1) of this subsection (d) and not less than one year and not
25    more  than  12  years  for a violation of subparagraph (C) of
26    paragraph (1) of this subsection  (d).  For  any  prosecution
27    under  this  subsection  (d), a certified copy of the driving
28    abstract of the defendant shall be admitted as proof  of  any
29    prior conviction.
30        (e)  After  a  finding  of  guilt  and prior to any final
31    sentencing, or an order for supervision, for an offense based
32    upon an arrest for a violation of this Section or  a  similar
33    provision of a local ordinance, individuals shall be required
34    to  undergo  a  professional  evaluation  to  determine if an
 
                            -35-           LRB9103243EGfgam02
 1    alcohol, drug, or intoxicating compound abuse problem  exists
 2    and  the  extent  of  the problem.  Programs conducting these
 3    evaluations shall be licensed  by  the  Department  of  Human
 4    Services.   The  cost of any professional evaluation shall be
 5    paid  for  by  the  individual  required   to   undergo   the
 6    professional evaluation.
 7        (f)  Every person found guilty of violating this Section,
 8    whose operation of a motor vehicle while in violation of this
 9    Section  proximately  caused  any  incident  resulting  in an
10    appropriate emergency  response,  shall  be  liable  for  the
11    expense  of  an  emergency response as provided under Section
12    5-5-3 of the Unified Code of Corrections.
13        (g)  The Secretary of  State  shall  revoke  the  driving
14    privileges  of  any  person convicted under this Section or a
15    similar provision of a local ordinance.
16        (h)  Every person sentenced under subsection (d) of  this
17    Section  and  who receives a term of probation or conditional
18    discharge shall be required to serve a minimum term of either
19    30 days community service or,  beginning  July  1,  1993,  48
20    consecutive  hours  of  imprisonment  as  a  condition of the
21    probation or conditional discharge.  This  mandatory  minimum
22    term of imprisonment or assignment of community service shall
23    not be suspended and shall not be subject to reduction by the
24    court.
25        (i)  The  Secretary  of  State may use ignition interlock
26    device  requirements  when   granting   driving   relief   to
27    individuals who have been arrested for a second or subsequent
28    offense  of  this  Section  or a similar provision of a local
29    ordinance.   The  Secretary  shall  establish  by  rule   and
30    regulation the procedures for use of the interlock system.
31        (j)  In  addition to any other penalties and liabilities,
32    a person who is found guilty of violating this Section  shall
33    be  fined  $100,  payable  to  the  circuit  clerk, who shall
34    distribute the money to the law enforcement agency that  made
 
                            -36-           LRB9103243EGfgam02
 1    the  arrest.   In  the  event  that  more  than one agency is
 2    responsible for the arrest, the $100 shall be shared equally.
 3    Any moneys received by a law enforcement  agency  under  this
 4    subsection  (j)  shall  be  used  to purchase law enforcement
 5    equipment that will  assist  in  the  prevention  of  alcohol
 6    related  criminal  violence throughout the State.  This shall
 7    include, but is not limited to, in-car video  cameras,  radar
 8    and   laser  speed  detection  devices,  and  alcohol  breath
 9    testers.
10    (Source: P.A.  90-43,  eff.  7-2-97;  90-400,  eff.  8-15-97;
11    90-611, eff.  1-1-99;  90-655,  eff.  7-30-98;  90-738,  eff.
12    1-1-99;  90-779,  eff.  1-1-99; 91-126, eff. 7-16-99; 91-357,
13    eff. 7-29-99.)

14                       ARTICLE 25. DRUG ABUSE

15        Section 25-10.  The Cannabis Control Act  is  amended  by
16    re-enacting Section 10 as follows:

17        (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
18        Sec.  10.  (a) Whenever any person who has not previously
19    been  convicted  of,  or  placed  on   probation   or   court
20    supervision for, any offense under this Act or any law of the
21    United  States  or  of  any  State  relating  to cannabis, or
22    controlled substances as defined in the  Illinois  Controlled
23    Substances  Act,  pleads  guilty  to  or  is  found guilty of
24    violating Sections 4 (a), 4 (b), 4 (c), 5 (a), 5 (b),  5  (c)
25    or  8 of this Act, the court may, without entering a judgment
26    and  with  the  consent  of  such  person,  sentence  him  to
27    probation.
28        (b)  When a person is  placed  on  probation,  the  court
29    shall  enter  an order specifying a period of probation of 24
30    months, and shall defer further proceedings in the case until
31    the conclusion of  the  period  or  until  the  filing  of  a
 
                            -37-           LRB9103243EGfgam02
 1    petition  alleging  violation  of  a  term  or  condition  of
 2    probation.
 3        (c)  The  conditions  of  probation  shall  be  that  the
 4    person:   (1)   not  violate  any  criminal  statute  of  any
 5    jurisdiction; (2) refrain from possession  of  a  firearm  or
 6    other  dangerous  weapon; (3) submit to periodic drug testing
 7    at a time and in a manner as ordered by  the  court,  but  no
 8    less  than  3  times during the period of the probation, with
 9    the cost of the testing to be paid by  the  probationer;  and
10    (4)  perform  no  less  than  30  hours of community service,
11    provided community service is available in  the  jurisdiction
12    and is funded and approved by the county board.
13        (d)  The  court  may,  in  addition  to other conditions,
14    require that the person:
15             (1)  make a report to and appear in person before or
16        participate with the court or  such  courts,  person,  or
17        social  service  agency  as  directed by the court in the
18        order of probation;
19             (2)  pay a fine and costs;
20             (3)  work or pursue a course of study or  vocational
21        training;
22             (4)  undergo  medical  or  psychiatric treatment; or
23        treatment for drug addiction or alcoholism;
24             (5)  attend or reside in a facility established  for
25        the instruction or residence of defendants on probation;
26             (6)  support his dependents;
27             (7)  refrain  from  possessing  a  firearm  or other
28        dangerous weapon;
29             (7-5)  refrain from having in his or  her  body  the
30        presence  of  any illicit drug prohibited by the Cannabis
31        Control Act or the Illinois  Controlled  Substances  Act,
32        unless  prescribed  by a physician, and submit samples of
33        his or her blood or urine or both for tests to  determine
34        the presence of any illicit drug;
 
                            -38-           LRB9103243EGfgam02
 1             (8)  and in addition, if a minor:
 2                  (i)  reside  with  his  parents  or in a foster
 3             home;
 4                  (ii)  attend school;
 5                  (iii)  attend  a  non-residential  program  for
 6             youth;
 7                  (iv)  contribute to his own support at home  or
 8             in a foster home.
 9        (e)  Upon  violation of a term or condition of probation,
10    the court may enter a judgment on  its  original  finding  of
11    guilt and proceed as otherwise provided.
12        (f)  Upon  fulfillment  of  the  terms  and conditions of
13    probation, the court shall discharge such person and  dismiss
14    the proceedings against him.
15        (g)  A  disposition  of  probation  is considered to be a
16    conviction for the purposes of  imposing  the  conditions  of
17    probation  and  for  appeal, however, discharge and dismissal
18    under this Section  is  not  a  conviction  for  purposes  of
19    disqualification   or   disabilities   imposed  by  law  upon
20    conviction of  a  crime  (including  the  additional  penalty
21    imposed for subsequent offenses under Section 4 (c), 4 (d), 5
22    (c) or 5 (d) of this Act).
23        (h)  Discharge  and dismissal under this Section or under
24    Section 410 of the Illinois  Controlled  Substances  Act  may
25    occur only once with respect to any person.
26        (i)  If  a  person  is convicted of an offense under this
27    Act or the Illinois Controlled Substances Act within 5  years
28    subsequent  to  a discharge and dismissal under this Section,
29    the discharge and  dismissal  under  this  Section  shall  be
30    admissible  in  the sentencing proceeding for that conviction
31    as a factor in aggravation.
32    (Source: P.A. 88-510; 88-680, eff. 1-1-95.)

33        Section 25-15.  The Illinois Controlled Substances Act is
 
                            -39-           LRB9103243EGfgam02
 1    amended by re-enacting Section 410 as follows:

 2        (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
 3        Sec. 410. (a) Whenever any person who has not  previously
 4    been   convicted   of,   or  placed  on  probation  or  court
 5    supervision for any offense under this Act or any law of  the
 6    United  States  or  of  any  State  relating  to  cannabis or
 7    controlled substances, pleads guilty to or is found guilty of
 8    possession of a controlled  or  counterfeit  substance  under
 9    subsection  (c) of Section 402, the court, without entering a
10    judgment and with the consent of such  person,  may  sentence
11    him to probation.
12        (b)  When  a  person  is  placed  on probation, the court
13    shall enter an order specifying a period of probation  of  24
14    months  and shall defer further proceedings in the case until
15    the conclusion of  the  period  or  until  the  filing  of  a
16    petition  alleging  violation  of  a  term  or  condition  of
17    probation.
18        (c)  The  conditions  of  probation  shall  be  that  the
19    person:   (1)   not  violate  any  criminal  statute  of  any
20    jurisdiction; (2) refrain from possessing a firearm or  other
21    dangerous  weapon;  (3)  submit to periodic drug testing at a
22    time and in a manner as ordered by the  court,  but  no  less
23    than  3  times  during  the period of the probation, with the
24    cost of the testing to be paid by the  probationer;  and  (4)
25    perform  no less than 30 hours of community service, provided
26    community service is available in  the  jurisdiction  and  is
27    funded and approved by the county board.
28        (d)  The  court  may,  in  addition  to other conditions,
29    require that the person:
30             (1)  make a report to and appear in person before or
31        participate with the court or  such  courts,  person,  or
32        social  service  agency  as  directed by the court in the
33        order of probation;
 
                            -40-           LRB9103243EGfgam02
 1             (2)  pay a fine and costs;
 2             (3)  work or pursue a course of study or  vocational
 3        training;
 4             (4)  undergo  medical  or  psychiatric treatment; or
 5        treatment or  rehabilitation  approved  by  the  Illinois
 6        Department of Human Services;
 7             (5)  attend  or reside in a facility established for
 8        the instruction or residence of defendants on probation;
 9             (6)  support his dependents;
10             (6-5)  refrain from having in his or  her  body  the
11        presence  of  any illicit drug prohibited by the Cannabis
12        Control Act or the Illinois  Controlled  Substances  Act,
13        unless  prescribed  by a physician, and submit samples of
14        his or her blood or urine or both for tests to  determine
15        the presence of any illicit drug;
16             (7)  and in addition, if a minor:
17                  (i)  reside  with  his  parents  or in a foster
18             home;
19                  (ii)  attend school;
20                  (iii)  attend  a  non-residential  program  for
21             youth;
22                  (iv)  contribute to his own support at home  or
23             in a foster home.
24        (e)  Upon  violation of a term or condition of probation,
25    the court may enter a judgment on  its  original  finding  of
26    guilt and proceed as otherwise provided.
27        (f)  Upon  fulfillment  of  the  terms  and conditions of
28    probation, the court shall discharge the person  and  dismiss
29    the proceedings against him.
30        (g)  A  disposition  of  probation  is considered to be a
31    conviction for the purposes of  imposing  the  conditions  of
32    probation  and  for  appeal, however, discharge and dismissal
33    under this Section is not a conviction for purposes  of  this
34    Act  or  for  purposes  of  disqualifications or disabilities
 
                            -41-           LRB9103243EGfgam02
 1    imposed by law upon conviction of a crime.
 2        (h)  There may be only one discharge and dismissal  under
 3    this  Section  or Section 10 of the Cannabis Control Act with
 4    respect to any person.
 5        (i)  If a person is convicted of an  offense  under  this
 6    Act  or the Cannabis Control Act within 5 years subsequent to
 7    a discharge and dismissal under this Section,  the  discharge
 8    and  dismissal  under this Section shall be admissible in the
 9    sentencing proceeding for  that  conviction  as  evidence  in
10    aggravation.
11    (Source:  P.A.  88-510;  88-680,  eff.  1-1-95;  89-507, eff.
12    7-1-97.)

13                        ARTICLE 30. FIREARMS

14        Section 30-905.  The Criminal Code of 1961 is amended  by
15    re-enacting Sections 24-3A, 24-5, 24-6, and 32-10 as follows:

16        (720 ILCS 5/24-3A)
17        Sec. 24-3A.  Gunrunning.
18        (a)  A person commits gunrunning when he or she transfers
19    3  or  more firearms in violation of any of the paragraphs of
20    Section 24-3 of this Code.
21        (b)  Sentence.  A person who commits gunrunning is guilty
22    of a Class 1 felony.  A  person  who  commits  gunrunning  by
23    transferring  firearms  to  a  person who, at the time of the
24    commission of the offense, is under 18 years of age is guilty
25    of a Class X felony.
26    (Source: P.A. 91-13, eff. 1-1-00.)

27        (720 ILCS 5/24-5) (from Ch. 38, par. 24-5)
28        Sec. 24-5. Defacing identification marks of firearms.
29        (a)  Any person  who  shall  knowingly  or  intentionally
30    change,  alter,  remove  or obliterate the name of the maker,
 
                            -42-           LRB9103243EGfgam02
 1    model, manufacturer's number or other mark of  identification
 2    of any firearm commits a Class 2 felony.
 3        (b)  Possession  of  any firearm upon which any such mark
 4    shall have been  changed,  altered,  removed  or  obliterated
 5    shall be prima facie evidence that the possessor has changed,
 6    altered, removed or obliterated the same.
 7    (Source: P.A. 88-680, eff. 1-1-95.)

 8        (720 ILCS 5/24-6) (from Ch. 38, par. 24-6)
 9        Sec. 24-6. Confiscation and disposition of weapons.
10        (a)  Upon  conviction of an offense in which a weapon was
11    used or possessed by the offender, any weapon seized shall be
12    confiscated by the trial court.
13        (b)  Any stolen weapon so  confiscated,  when  no  longer
14    needed  for  evidentiary  purposes,  shall be returned to the
15    person  entitled  to  possession,  if   known.    After   the
16    disposition  of a criminal case or in any criminal case where
17    a final judgment in the case was not entered due to the death
18    of the defendant, and when a confiscated weapon is no  longer
19    needed  for  evidentiary  purposes, and when in due course no
20    legitimate claim has been made for the weapon, the court  may
21    transfer  the  weapon  to  the  sheriff of the county who may
22    proceed to destroy it, or may in  its  discretion  order  the
23    weapon  preserved  as property of the governmental body whose
24    police agency seized the weapon, or  may  in  its  discretion
25    order the weapon to be transferred to the Department of State
26    Police  for  use by the crime laboratory system, for training
27    purposes, or for any other application as deemed  appropriate
28    by  the  Department.  If, after the disposition of a criminal
29    case, a need still exists for  the  use  of  the  confiscated
30    weapon  for  evidentiary purposes, the court may transfer the
31    weapon to the custody of the State Department of  Corrections
32    for  preservation.   The  court may not order the transfer of
33    the weapon to any private individual or private  organization
 
                            -43-           LRB9103243EGfgam02
 1    other than to return a stolen weapon to its rightful owner.
 2        The  provisions  of  this  Section  shall  not  apply  to
 3    violations  of the Fish and Aquatic Life Code or the Wildlife
 4    Code.  Confiscation of weapons for Fish and Aquatic Life Code
 5    and Wildlife Code violations shall be  only  as  provided  in
 6    those Codes.
 7        (c)  Any  mental  hospital  that  admits  a  person as an
 8    inpatient pursuant to any of the  provisions  of  the  Mental
 9    Health  and  Developmental Disabilities Code shall confiscate
10    any firearms in the possession of that person at the time  of
11    admission,  or at any time the firearms are discovered in the
12    person's possession during the course of hospitalization. The
13    hospital shall, as soon as possible  following  confiscation,
14    transfer  custody  of  the  firearms  to  the appropriate law
15    enforcement agency. The hospital shall give written notice to
16    the person from whom  the  firearm  was  confiscated  of  the
17    identity  and  address of the law enforcement agency to which
18    it has given the firearm.
19        The law enforcement agency shall maintain  possession  of
20    any  firearm  it  obtains  pursuant  to this subsection for a
21    minimum of 90 days.  Thereafter, the firearm may be  disposed
22    of  pursuant  to  the  provisions  of  subsection (b) of this
23    Section.
24    (Source: P.A. 87-464; 87-895; 88-352; 88-680, eff. 1-1-95.)

25        (720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
26        Sec. 32-10. Violation of bail bond.
27        (a)  Whoever, having been admitted to bail for appearance
28    before any court of this State, incurs a  forfeiture  of  the
29    bail  and willfully fails to surrender himself within 30 days
30    following the date of such forfeiture, commits, if  the  bail
31    was  given  in  connection with a charge of felony or pending
32    appeal or certiorari  after  conviction  of  any  offense,  a
33    felony  of  the  next lower Class or a Class A misdemeanor if
 
                            -44-           LRB9103243EGfgam02
 1    the underlying offense was a Class 4 felony; or, if the  bail
 2    was  given  in  connection  with  a  charge  of  committing a
 3    misdemeanor, or  for  appearance  as  a  witness,  commits  a
 4    misdemeanor  of  the  next  lower  Class, but not less than a
 5    Class C misdemeanor.
 6        (a-5)  Any person who violates a condition of  bail  bond
 7    by possessing a firearm in violation of his or her conditions
 8    of  bail commits a Class 4 felony for a first violation and a
 9    Class 3 felony for a second violation.
10        (b)  Whoever, having been admitted to bail for appearance
11    before any court of this State, while charged with a criminal
12    offense in which the victim is a family or  household  member
13    as  defined in Article 112A of the Code of Criminal Procedure
14    of 1963, knowingly violates a condition of  that  release  as
15    set  forth  in  Section 110-10, subsection (d) of the Code of
16    Criminal Procedure of 1963, commits a Class A misdemeanor.
17        (c)  Whoever, having been admitted to bail for appearance
18    before any  court  of  this  State  for  a  felony,  Class  A
19    misdemeanor  or  a  criminal offense in which the victim is a
20    family or household member as defined in Article 112A of  the
21    Code of Criminal Procedure of 1963, is charged with any other
22    felony,  Class  A misdemeanor, or a criminal offense in which
23    the victim is a family or  household  member  as  defined  in
24    Article  112A of the Code of Criminal Procedure of 1963 while
25    on such release, must appear before the court before bail  is
26    statutorily set.
27        (d)  Nothing  in  this  Section  shall  interfere with or
28    prevent the exercise by any court of its power to  punishment
29    for  contempt.  Any  sentence  imposed  for violation of this
30    Section shall be served consecutive to the  sentence  imposed
31    for  the  charge  for  which  bail  had been granted and with
32    respect to which the defendant has been convicted.
33    (Source: P.A.  88-430;  88-680,  eff.  1-1-95;  89-203,  eff.
34    7-21-95.)
 
                            -45-           LRB9103243EGfgam02
 1        Section   15-910.  The Code of Criminal Procedure of 1963
 2    is amended by re-enacting Section 110-10 as follows:

 3        (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
 4        Sec. 110-10.  Conditions of bail bond.
 5        (a)  If a person is released prior to conviction,  either
 6    upon   payment  of  bail  security  or  on  his  or  her  own
 7    recognizance, the conditions of the bail bond shall  be  that
 8    he or she will:
 9             (1)  Appear to answer the charge in the court having
10        jurisdiction  on  a day certain and thereafter as ordered
11        by the court until  discharged  or  final  order  of  the
12        court;
13             (2)  Submit  himself  or  herself  to the orders and
14        process of the court;
15             (3)  Not depart this  State  without  leave  of  the
16        court;
17             (4)  Not   violate   any  criminal  statute  of  any
18        jurisdiction;
19             (5)  At a time and place designated  by  the  court,
20        surrender  all firearms in his or her possession to a law
21        enforcement officer  designated  by  the  court  to  take
22        custody  of and impound the firearms when the offense the
23        person has  been  charged  with  is  a  forcible  felony,
24        stalking,  aggravated  stalking,  domestic  battery,  any
25        violation  of  either  the Illinois Controlled Substances
26        Act or the Cannabis Control Act that is classified  as  a
27        Class  2  or  greater  felony, or any felony violation of
28        Article 24 of the Criminal Code of 1961; the  court  may,
29        however,  forgo  forego  the imposition of this condition
30        when the circumstances of the case clearly do not warrant
31        it or when  its  imposition  would  be  impractical;  all
32        legally  possessed  firearms  shall  be  returned  to the
33        person upon that  person  completing  a  sentence  for  a
 
                            -46-           LRB9103243EGfgam02
 1        conviction  on  a  misdemeanor domestic battery, upon the
 2        charges being dismissed, or if the person  is  found  not
 3        guilty,  unless the finding of not guilty is by reason of
 4        insanity; and
 5             (6)  At a time and place designated  by  the  court,
 6        submit  to a psychological evaluation when the person has
 7        been charged with a violation of item (4)  of  subsection
 8        (a) of Section 24-1 of the Criminal Code of 1961 and that
 9        violation  occurred  in  a  school  or  in any conveyance
10        owned, leased, or contracted by  a  school  to  transport
11        students  to or from school or a school-related activity,
12        or on any public way within 1,000 feet of  real  property
13        comprising any school.
14        Psychological   evaluations   ordered  pursuant  to  this
15    Section shall be completed promptly and made available to the
16    State, the defendant, and the court.  As a further  condition
17    of  bail under these circumstances, the court shall order the
18    defendant to refrain from entering upon the property  of  the
19    school, including any conveyance owned, leased, or contracted
20    by  a  school  to  transport  students to or from school or a
21    school-related activity, or on any public  way  within  1,000
22    feet of real property comprising any school.  Upon receipt of
23    the   psychological  evaluation,  either  the  State  or  the
24    defendant may request a change in  the  conditions  of  bail,
25    pursuant to Section 110-6 of this Code.  The court may change
26    the  conditions  of  bail  to  include a requirement that the
27    defendant follow the  recommendations  of  the  psychological
28    evaluation,  including undergoing psychiatric treatment.  The
29    conclusions  of  the   psychological   evaluation   and   any
30    statements   elicited   from   the   defendant   during   its
31    administration are not admissible as evidence of guilt during
32    the  course  of  any trial on the charged offense, unless the
33    defendant places his or her mental competency in issue.
34        (b)  The court may impose other conditions, such  as  the
 
                            -47-           LRB9103243EGfgam02
 1    following,  if  the  court  finds  that  such  conditions are
 2    reasonably necessary to assure the defendant's appearance  in
 3    court,  protect the public from the defendant, or prevent the
 4    defendant's   unlawful   interference   with   the    orderly
 5    administration of justice:
 6             (1)  Report  to  or  appear  in  person  before such
 7        person or agency as the court may direct;
 8             (2)  Refrain from  possessing  a  firearm  or  other
 9        dangerous weapon;
10             (3)  Refrain  from approaching or communicating with
11        particular persons or classes of persons;
12             (4)  Refrain  from  going   to   certain   described
13        geographical areas or premises;
14             (5)  Refrain  from engaging in certain activities or
15        indulging in intoxicating liquors or in certain drugs;
16             (6)  Undergo  treatment  for   drug   addiction   or
17        alcoholism;
18             (7)  Undergo medical or psychiatric treatment;
19             (8)  Work  or pursue a course of study or vocational
20        training;
21             (9)  Attend or reside in a  facility  designated  by
22        the court;
23             (10)  Support his or her dependents;
24             (11)  If  a minor resides with his or her parents or
25        in a foster home, attend school, attend a non-residential
26        program for youths, and contribute  to  his  or  her  own
27        support at home or in a foster home;
28             (12)  Observe any curfew ordered by the court;
29             (13)  Remain  in  the  custody  of  such  designated
30        person or organization agreeing to supervise his release.
31        Such  third  party  custodian  shall  be  responsible for
32        notifying the court if the defendant fails to observe the
33        conditions of release which the custodian has  agreed  to
34        monitor,  and  shall  be subject to contempt of court for
 
                            -48-           LRB9103243EGfgam02
 1        failure so to notify the court;
 2             (14)  Be placed  under  direct  supervision  of  the
 3        Pretrial  Services  Agency, Probation Department or Court
 4        Services Department in a pretrial bond  home  supervision
 5        capacity   with   or  without  the  use  of  an  approved
 6        electronic monitoring device subject  to  Article  8A  of
 7        Chapter V of the Unified Code of Corrections; or
 8             (14.1)  The  court shall impose upon a defendant who
 9        is charged  with  any  alcohol,  cannabis  or  controlled
10        substance   violation   and   is   placed   under  direct
11        supervision of the Pretrial  Services  Agency,  Probation
12        Department  or  Court  Services  Department in a pretrial
13        bond  home  supervision  capacity  with  the  use  of  an
14        approved monitoring device, as a condition of  such  bail
15        bond,  a  fee  that  represents  costs  incidental to the
16        electronic  monitoring  for  each  day   of   such   bail
17        supervision   ordered   by   the   court,   unless  after
18        determining the inability of the  defendant  to  pay  the
19        fee,  the  court  assesses  a lesser fee or no fee as the
20        case may be.  The fee shall be collected by the clerk  of
21        the  circuit court.  The clerk of the circuit court shall
22        pay all monies collected from  this  fee  to  the  county
23        treasurer  for  deposit  in  the substance abuse services
24        fund under Section 5-1086.1 of the Counties Code;
25             (14.2)  The court shall impose upon all  defendants,
26        including  those  defendants  subject to paragraph (14.1)
27        above, placed under direct supervision  of  the  Pretrial
28        Services  Agency,  Probation Department or Court Services
29        Department in a pretrial bond home  supervision  capacity
30        with  the  use  of  an  approved  monitoring device, as a
31        condition of such bail bond, a fee which shall  represent
32        costs  incidental  to such electronic monitoring for each
33        day of such bail supervision ordered by the court, unless
34        after determining the inability of the defendant  to  pay
 
                            -49-           LRB9103243EGfgam02
 1        the fee, the court assesses a lesser fee or no fee as the
 2        case  may be.  The fee shall be collected by the clerk of
 3        the circuit court.  The clerk of the circuit court  shall
 4        pay  all  monies  collected  from  this fee to the county
 5        treasurer who shall use the monies  collected  to  defray
 6        the  costs  of  corrections.   The county treasurer shall
 7        deposit the fee collected in the county working cash fund
 8        under Section 6-27001 or Section  6-29002 of the Counties
 9        Code, as the case may be;
10             (15)  Comply with the terms  and  conditions  of  an
11        order  of  protection  issued  by  the  court  under  the
12        Illinois Domestic Violence Act of 1986;
13             (16)  Under   Section   110-6.5   comply   with  the
14        conditions of the drug testing program; and
15             (17)  Such other reasonable conditions as the  court
16        may impose.
17        (c)  When  a  person  is  charged  with  an offense under
18    Section  12-13,  12-14,  12-14.1,  12-15  or  12-16  of   the
19    "Criminal  Code  of  1961", involving a victim who is a minor
20    under 18 years of age living in the same household  with  the
21    defendant  at  the  time  of the offense, in granting bail or
22    releasing the defendant on his own  recognizance,  the  judge
23    shall impose conditions to restrict the defendant's access to
24    the  victim  which  may  include,  but  are  not  limited  to
25    conditions that he will:
26             1.  Vacate the Household.
27             2.  Make   payment   of  temporary  support  to  his
28        dependents.
29             3.  Refrain from contact or communication  with  the
30        child victim, except as ordered by the court.
31        (d)  When a person is charged with a criminal offense and
32    the  victim  is  a  family  or household member as defined in
33    Article 112A, conditions shall be imposed at the time of  the
34    defendant's  release  on  bond  that restrict the defendant's
 
                            -50-           LRB9103243EGfgam02
 1    access to the victim. Unless provided otherwise by the court,
 2    the  restrictions  shall  include   requirements   that   the
 3    defendant do the following:
 4             (1)  refrain  from contact or communication with the
 5        victim for a minimum period of  72  hours  following  the
 6        defendant's release; and
 7             (2)  refrain  from  entering  or  remaining  at  the
 8        victim's  residence  for  a  minimum  period  of 72 hours
 9        following the defendant's release.
10        (e)  Local  law  enforcement   agencies   shall   develop
11    standardized  bond forms for use in cases involving family or
12    household members  as  defined  in  Article  112A,  including
13    specific  conditions  of  bond as provided in subsection (d).
14    Failure of any law enforcement department to develop  or  use
15    those  forms  shall  in  no  way  limit the applicability and
16    enforcement of subsections (d) and (f).
17        (f)  If  the  defendant  is  admitted   to   bail   after
18    conviction  the  conditions of the bail bond shall be that he
19    will, in addition to the conditions set forth in  subsections
20    (a) and (b) hereof:
21             (1)  Duly prosecute his appeal;
22             (2)  Appear  at such time and place as the court may
23        direct;
24             (3)  Not depart this  State  without  leave  of  the
25        court;
26             (4)  Comply with such other reasonable conditions as
27        the court may impose; and,
28             (5)  If  the  judgment  is  affirmed  or  the  cause
29        reversed   and   remanded  for  a  new  trial,  forthwith
30        surrender to  the  officer  from  whose  custody  he  was
31        bailed.
32    (Source: P.A.   90-399,  eff.  1-1-98;  91-11,  eff.  6-4-99;
33    91-312, eff. 1-1-00; revised 10-15-99.)
 
                            -51-           LRB9103243EGfgam02
 1                             ARTICLE 35

 2        Section 35-5.  The Criminal Code of 1961  is  amended  by
 3    re-enacting Sections 8-4, 12-4.2, and 24-1.2 as follows:

 4        (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
 5        Sec. 8-4.  Attempt.
 6        (a)  Elements of the Offense.
 7        A person commits an attempt when, with intent to commit a
 8    specific  offense,  he  does  any  act  which  constitutes  a
 9    substantial step toward the commission of that offense.
10        (b)  Impossibility.
11        It  shall  not  be  a defense to a charge of attempt that
12    because of a misapprehension of the  circumstances  it  would
13    have  been  impossible  for the accused to commit the offense
14    attempted.
15        (c)  Sentence.
16        A  person  convicted  of  an  attempt  may  be  fined  or
17    imprisoned or both not to exceed the maximum provided for the
18    offense attempted but, except for an attempt  to  commit  the
19    offense defined in Section 33A-2 of this Act,
20             (1)  the sentence for attempt to commit first degree
21        murder is the sentence for a Class X felony, except that
22                  (A)  an  attempt  to commit first degree murder
23             when  at  least  one  of  the  aggravating   factors
24             specified   in  paragraphs  (1),  (2)  and  (12)  of
25             subsection (b) of Section 9-1 is present is a  Class
26             X  felony  for which the sentence shall be a term of
27             imprisonment of not less than 20 years and not  more
28             than 80 years;
29                  (B)  an  attempt  to commit first degree murder
30             while armed with a firearm is a Class X  felony  for
31             which  15  years  shall  be  added  to  the  term of
32             imprisonment imposed by the court;
 
                            -52-           LRB9103243EGfgam02
 1                  (C)  an attempt to commit first  degree  murder
 2             during  which  the  person  personally  discharged a
 3             firearm is a Class X felony for which 20 years shall
 4             be added to the term of imprisonment imposed by  the
 5             court;
 6                  (D)  an  attempt  to commit first degree murder
 7             during which  the  person  personally  discharged  a
 8             firearm  that  proximately caused great bodily harm,
 9             permanent disability,  permanent  disfigurement,  or
10             death  to  another  person,  is a Class X felony for
11             which 25 years or up to a term of natural life shall
12             be added to the term of imprisonment imposed by  the
13             court.
14             (2)  the  sentence  for  attempt to commit a Class X
15        felony is the sentence for a Class 1 felony;
16             (3)  the sentence for attempt to commit  a  Class  1
17        felony is the sentence for a Class 2 felony;
18             (4)  the  sentence  for  attempt to commit a Class 2
19        felony is the sentence for a Class 3 felony; and
20             (5)  the sentence for attempt to commit  any  felony
21        other  than  those specified in Subsections (1), (2), (3)
22        and (4) hereof is the sentence for a Class A misdemeanor.
23    (Source: P.A. 91-404, eff. 1-1-00.)

24        (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2)
25        Sec. 12-4.2.  Aggravated Battery with a firearm.
26        (a)  A person commits aggravated battery with  a  firearm
27    when  he, in committing a battery, knowingly or intentionally
28    by means of the discharging  of  a  firearm  (1)  causes  any
29    injury  to  another  person,  or  (2)  causes any injury to a
30    person he knows to be a peace officer, a  community  policing
31    volunteer,  a  correctional institution employee or a fireman
32    while the  officer, volunteer, employee or fireman is engaged
33    in the execution of any of his official duties, or to prevent
 
                            -53-           LRB9103243EGfgam02
 1    the officer, volunteer, employee or fireman  from  performing
 2    his  official  duties,  or  in  retaliation  for the officer,
 3    volunteer,  employee  or  fireman  performing  his   official
 4    duties,  or  (3) causes any injury to a person he knows to be
 5    an  emergency  medical  technician  -  ambulance,   emergency
 6    medical   technician   -   intermediate,   emergency  medical
 7    technician - paramedic, ambulance driver,  or  other  medical
 8    assistance or first aid personnel, employed by a municipality
 9    or  other  governmental  unit,  while  the  emergency medical
10    technician  -  ambulance,  emergency  medical  technician   -
11    intermediate,   emergency  medical  technician  -  paramedic,
12    ambulance driver, or other medical assistance  or  first  aid
13    personnel  is engaged in the execution of any of his official
14    duties, or to prevent  the  emergency  medical  technician  -
15    ambulance,   emergency  medical  technician  -  intermediate,
16    emergency medical technician - paramedic,  ambulance  driver,
17    or  other  medical  assistance  or  first  aid personnel from
18    performing his official duties, or  in  retaliation  for  the
19    emergency  medical  technician - ambulance, emergency medical
20    technician - intermediate,  emergency  medical  technician  -
21    paramedic,  ambulance  driver, or other medical assistance or
22    first aid personnel performing his official  duties,  or  (4)
23    causes any injury to a person he or she knows to be a teacher
24    or other person employed in a school and the teacher or other
25    employee is upon grounds of a school or grounds adjacent to a
26    school,  or  is  in  any  part  of a building used for school
27    purposes.
28        (b)  A violation of subsection (a) (1) of this Section is
29    a Class X  felony.    A  violation  of  subsection  (a)  (2),
30    subsection  (a) (3), or subsection (a)(4)  of this Section is
31    a Class X felony for which the sentence shall be  a  term  of
32    imprisonment  of  no  less  than 15 years and no more than 60
33    years.
34        (c)  For purposes of this Section, "firearm"  is  defined
 
                            -54-           LRB9103243EGfgam02
 1    as  in  "An  Act  relating to the acquisition, possession and
 2    transfer of firearms and firearm  ammunition,  to  provide  a
 3    penalty   for   the   violation   thereof   and  to  make  an
 4    appropriation in connection therewith",  approved  August  1,
 5    1967, as amended.
 6    (Source: P.A. 90-651, eff. 1-1-99; 91-434, eff. 1-1-00.)

 7        (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
 8        Sec. 24-1.2.  Aggravated discharge of a firearm.
 9        (a)  A  person  commits aggravated discharge of a firearm
10    when he or she knowingly or intentionally:
11             (1)  Discharges a firearm at or into a  building  he
12        or she knows or reasonably should know to be occupied and
13        the  firearm  is  discharged  from  a  place  or position
14        outside that building;
15             (2)  Discharges  a  firearm  in  the  direction   of
16        another person or in the direction of a vehicle he or she
17        knows  or  reasonably  should  know  to  be occupied by a
18        person;
19             (3)  Discharges a firearm  in  the  direction  of  a
20        person he or she knows to be a peace officer, a community
21        policing  volunteer, a correctional institution employee,
22        or a fireman while the officer,  volunteer,  employee  or
23        fireman  is engaged in the execution of any of his or her
24        official duties, or to prevent  the  officer,  volunteer,
25        employee  or  fireman from performing his or her official
26        duties, or in retaliation  for  the  officer,  volunteer,
27        employee  or  fireman  performing  his  or  her  official
28        duties;
29             (4)  Discharges  a  firearm  in  the  direction of a
30        vehicle he or  she  knows  to  be  occupied  by  a  peace
31        officer,  a  person  summoned  or  directed  by  a  peace
32        officer, a correctional institution employee or a fireman
33        while  the officer, employee or fireman is engaged in the
 
                            -55-           LRB9103243EGfgam02
 1        execution of any of his or her  official  duties,  or  to
 2        prevent  the officer, employee or fireman from performing
 3        his or her official duties, or  in  retaliation  for  the
 4        officer,  employee  or  fireman  performing  his  or  her
 5        official duties;
 6             (5)  Discharges  a  firearm  in  the  direction of a
 7        person he  or  she  knows  to  be  an  emergency  medical
 8        technician  -  ambulance,  emergency medical technician -
 9        intermediate, emergency medical technician  -  paramedic,
10        ambulance  driver,  or  other medical assistance or first
11        aid  personnel,  employed  by  a  municipality  or  other
12        governmental unit, while the emergency medical technician
13        - ambulance, emergency medical technician - intermediate,
14        emergency  medical  technician  -  paramedic,   ambulance
15        driver,   or   other  medical  assistance  or  first  aid
16        personnel is engaged in the execution of any  of  his  or
17        her  official duties, or to prevent the emergency medical
18        technician - ambulance, emergency  medical  technician  -
19        intermediate,  emergency  medical technician - paramedic,
20        ambulance driver, or other medical  assistance  or  first
21        aid personnel from performing his or her official duties,
22        or  in retaliation for the emergency medical technician -
23        ambulance, emergency medical technician  -  intermediate,
24        emergency   medical  technician  -  paramedic,  ambulance
25        driver,  or  other  medical  assistance  or   first   aid
26        personnel performing his or her official duties; or
27             (6)  Discharges  a  firearm  in  the  direction of a
28        vehicle he or she knows to be occupied  by  an  emergency
29        medical   technician   -   ambulance,  emergency  medical
30        technician - intermediate, emergency medical technician -
31        paramedic, ambulance driver, or other medical  assistance
32        or  first  aid  personnel,  employed by a municipality or
33        other governmental  unit,  while  the  emergency  medical
34        technician   -  ambulance, emergency medical technician -
 
                            -56-           LRB9103243EGfgam02
 1        intermediate, emergency medical technician  -  paramedic,
 2        ambulance  driver,  or  other medical assistance or first
 3        aid personnel is engaged in the execution of any  of  his
 4        or  her  official  duties,  or  to  prevent the emergency
 5        medical  technician  -   ambulance,   emergency   medical
 6        technician - intermediate, emergency medical technician -
 7        paramedic,  ambulance driver, or other medical assistance
 8        or  first  aid  personnel  from  performing  his  or  her
 9        official duties, or  in  retaliation  for  the  emergency
10        medical   technician   -   ambulance,  emergency  medical
11        technician - intermediate, emergency medical technician -
12        paramedic, ambulance driver, or other medical  assistance
13        or  first  aid  personnel  performing his or her official
14        duties; or
15             (7)  Discharges a firearm  in  the  direction  of  a
16        person  he  or  she knows to be a teacher or other person
17        employed in any school and the teacher or other  employee
18        is  upon the grounds of a school or grounds adjacent to a
19        school, or is in any part of a building used  for  school
20        purposes.
21        (b)  A  violation   of   subsection (a)(1) or  subsection
22    (a)(2) of this Section is a Class 1 felony.  A  violation  of
23    subsection  (a)(1)  or  (a)(2) of this Section committed in a
24    school, on the real  property  comprising  a  school,  within
25    1,000  feet  of  the  real property comprising a school, at a
26    school related activity or on or within  1,000  feet  of  any
27    conveyance  owned,  leased,  or  contracted  by  a  school to
28    transport students to or from  school  or  a  school  related
29    activity,  regardless of the time of day or time of year that
30    the offense was committed is a Class X felony. A violation of
31    subsection (a)(3), (a)(4), (a)(5), (a)(6), or (a)(7) of  this
32    Section is a Class X felony for which the sentence shall be a
33    term  of  imprisonment  of no less than 10 years and not more
34    than 45 years.
 
                            -57-           LRB9103243EGfgam02
 1        (c)  For purposes of this Section:
 2        "School"  means  a  public  or  private   elementary   or
 3    secondary school, community college, college, or university.
 4        "School  related  activity"  means  any sporting, social,
 5    academic, or other activity for which students' attendance or
 6    participation is sponsored, organized, or funded in whole  or
 7    in part by a school or school district.
 8    (Source: P.A.   90-651,  eff.  1-1-99;  91-12,  eff.  1-1-00;
 9    91-357, eff. 7-29-99; 91-434, eff. 1-1-00; revised 8-30-99.)

10        Section 35-15.  The Rights of Crime Victims and Witnesses
11    Act is amended by re-enacting Sections 4.5 and 6 as follows:

12        (725 ILCS 120/4.5)
13        Sec. 4.5.  Procedures to implement the  rights  of  crime
14    victims.    To   afford   crime  victims  their  rights,  law
15    enforcement, prosecutors, judges and corrections will provide
16    information, as appropriate of the following procedures:
17        (a)  At the request of the crime victim, law  enforcement
18    authorities  investigating  the  case shall provide notice of
19    the status of the investigation,  except  where  the  State's
20    Attorney determines that disclosure of such information would
21    unreasonably  interfere  with  the  investigation, until such
22    time  as  the  alleged  assailant  is  apprehended   or   the
23    investigation is closed.
24        (b)  The office of the State's Attorney:
25             (1)  shall   provide   notice   of   the  filing  of
26        information, the return  of  an  indictment  by  which  a
27        prosecution  for  any  violent crime is commenced, or the
28        filing  of  a  petition  to  adjudicate  a  minor  as   a
29        delinquent for a violent crime;
30             (2)  shall  provide  notice  of  the date, time, and
31        place of trial;
32             (3)  or  victim  advocate  personnel  shall  provide
 
                            -58-           LRB9103243EGfgam02
 1        information of social services and  financial  assistance
 2        available  for victims of crime, including information of
 3        how to apply for these services and assistance;
 4             (4)  shall assist in  having  any  stolen  or  other
 5        personal property held by law enforcement authorities for
 6        evidentiary  or  other purposes returned as expeditiously
 7        as possible,  pursuant  to  the  procedures  set  out  in
 8        Section 115-9 of the Code of Criminal Procedure of 1963;
 9             (5)  or  victim  advocate  personnel  shall  provide
10        appropriate employer intercession services to ensure that
11        employers  of  victims  will  cooperate with the criminal
12        justice system in order to minimize an employee's loss of
13        pay and other benefits resulting from court appearances;
14             (6)  shall provide information whenever possible, of
15        a secure waiting area during court proceedings that  does
16        not require victims to be in close proximity to defendant
17        or  juveniles  accused  of  a  violent  crime,  and their
18        families and friends;
19             (7)  shall provide notice to the crime victim of the
20        right  to  have  a  translator  present  at   all   court
21        proceedings;
22             (8)  in  the  case  of  the death of a person, which
23        death occurred in the same transaction or  occurrence  in
24        which acts occurred for which a defendant is charged with
25        an  offense,  shall  notify  the spouse, parent, child or
26        sibling of the decedent of the date of the trial  of  the
27        person or persons allegedly responsible for the death;
28             (9)  shall  inform  the  victim of the right to have
29        present at all court proceedings, subject to the rules of
30        evidence, an advocate or  other  support  person  of  the
31        victim's  choice, and the right to retain an attorney, at
32        the victim's own expense, who, upon written notice  filed
33        with  the  clerk of the court and State's Attorney, is to
34        receive copies of all notices, motions and  court  orders
 
                            -59-           LRB9103243EGfgam02
 1        filed  thereafter  in  the case, in the same manner as if
 2        the victim were a named party in the case; and
 3             (10)  at the sentencing hearing shall  make  a  good
 4        faith  attempt  to  explain  the  minimum  amount of time
 5        during which the defendant  may  actually  be  physically
 6        imprisoned.   The  Office  of  the State's Attorney shall
 7        further notify the crime victim of the right  to  request
 8        from the Prisoner Review Board information concerning the
 9        release  of  the  defendant  under subparagraph (d)(1) of
10        this Section; and
11             (11)  shall request restitution  at  sentencing  and
12        shall  consider  restitution  in any plea negotiation, as
13        provided by law.
14        (c)  At the written request  of  the  crime  victim,  the
15    office of the State's Attorney shall:
16             (1)  provide  notice a reasonable time in advance of
17        the following court proceedings: preliminary hearing, any
18        hearing the  effect  of  which  may  be  the  release  of
19        defendant  from  custody,  or  to alter the conditions of
20        bond and the sentencing hearing.  The crime victim  shall
21        also  be  notified  of  the  cancellation  of  the  court
22        proceeding  in  sufficient  time,  wherever  possible, to
23        prevent an unnecessary appearance in court;
24             (2)  provide notice within a reasonable  time  after
25        receipt  of  notice from the custodian, of the release of
26        the defendant on bail or  personal  recognizance  or  the
27        release  from  detention of a minor who has been detained
28        for a violent crime;
29             (3)  explain in nontechnical language the details of
30        any plea or verdict of a defendant, or  any  adjudication
31        of a juvenile as a delinquent for a violent crime;
32             (4)  where  practical, consult with the crime victim
33        before the Office of the State's Attorney makes an  offer
34        of  a  plea  bargain  to  the  defendant  or  enters into
 
                            -60-           LRB9103243EGfgam02
 1        negotiations with the  defendant  concerning  a  possible
 2        plea  agreement,  and  shall  consider the written victim
 3        impact statement, if prepared prior to  entering  into  a
 4        plea agreement;
 5             (5)  provide  notice  of the ultimate disposition of
 6        the cases arising from an indictment or  an  information,
 7        or  a  petition  to  have  a  juvenile  adjudicated  as a
 8        delinquent for a violent crime;
 9             (6)  provide notice  of  any  appeal  taken  by  the
10        defendant   and   information   on  how  to  contact  the
11        appropriate agency handling the appeal;
12             (7)  provide   notice    of    any    request    for
13        post-conviction  review  filed  by  the  defendant  under
14        Article  122  of  the Code of Criminal Procedure of 1963,
15        and of the date, time and place of any hearing concerning
16        the petition.  Whenever possible, notice of  the  hearing
17        shall be given in advance;
18             (8)  forward a copy of any statement presented under
19        Section  6  to the Prisoner Review Board to be considered
20        by the Board in making its determination under subsection
21        (b) of Section 3-3-8 of the Unified Code of Corrections.
22        (d) (1)  The Prisoner Review Board shall inform a  victim
23        or  any other concerned citizen, upon written request, of
24        the prisoner's release on  parole,  mandatory  supervised
25        release,  electronic  detention,  work  release or by the
26        custodian of the discharge  of  any  individual  who  was
27        adjudicated  a  delinquent for a violent crime from State
28        custody and by the sheriff of the appropriate  county  of
29        any  such  person's  final discharge from county custody.
30        The Prisoner Review Board, upon  written  request,  shall
31        provide  to  a  victim  or  any other concerned citizen a
32        recent photograph of any person convicted  of  a  felony,
33        upon his or her release from custody. The Prisoner Review
34        Board, upon written request, shall inform a victim or any
 
                            -61-           LRB9103243EGfgam02
 1        other  concerned  citizen  when  feasible at least 7 days
 2        prior to the prisoner's release on furlough of the  times
 3        and  dates of such furlough.  Upon written request by the
 4        victim  or  any  other  concerned  citizen,  the  State's
 5        Attorney shall notify the person once of  the  times  and
 6        dates  of  release  of  a  prisoner sentenced to periodic
 7        imprisonment.  Notification shall be based  on  the  most
 8        recent  information  as  to  victim's  or other concerned
 9        citizen's residence or other location  available  to  the
10        notifying  authority.  For purposes of this paragraph (1)
11        of subsection (d), "concerned citizen" includes relatives
12        of the victim, friends of the victim,  witnesses  to  the
13        crime,  or any other person associated with the victim or
14        prisoner.
15             (2)  When the defendant has been  committed  to  the
16        Department of Human Services pursuant to Section 5-2-4 or
17        any  other  provision of the Unified Code of Corrections,
18        the victim may request to be notified  by  the  releasing
19        authority   of   the  defendant's  discharge  from  State
20        custody.
21             (3)  In the event of an escape from  State  custody,
22        the  Department  of  Corrections immediately shall notify
23        the Prisoner Review Board of the escape and the  Prisoner
24        Review  Board  shall notify the victim.  The notification
25        shall be based upon the most recent information as to the
26        victim's residence or other  location  available  to  the
27        Board.   When no such information is available, the Board
28        shall  make  all  reasonable  efforts   to   obtain   the
29        information  and make the notification.  When the escapee
30        is apprehended, the Department of Corrections immediately
31        shall notify the Prisoner  Review  Board  and  the  Board
32        shall notify the victim.
33             (4)  The  victim of the crime for which the prisoner
34        has  been  sentenced  shall  receive  reasonable  written
 
                            -62-           LRB9103243EGfgam02
 1        notice not less than 15 days prior to the parole  hearing
 2        and  may  submit, in writing, on film, videotape or other
 3        electronic means or in the form  of  a  recording  or  in
 4        person   at   the   parole   hearing,   information   for
 5        consideration  by  the Prisoner Review Board.  The victim
 6        shall be notified within 7 days after  the  prisoner  has
 7        been granted parole and shall be informed of the right to
 8        inspect  the  registry  of  parole decisions, established
 9        under subsection (g) of Section 3-3-5 of the Unified Code
10        of Corrections.  The provisions of this paragraph (4) are
11        subject to the Open Parole Hearings Act.
12             (5)  If a statement is presented  under  Section  6,
13        the  Prisoner Review Board shall inform the victim of any
14        order of discharge  entered  by  the  Board  pursuant  to
15        Section 3-3-8 of the Unified Code of Corrections.
16             (6)  At  the  written  request  of the victim of the
17        crime for which the prisoner was sentenced, the  Prisoner
18        Review  Board shall notify the victim of the death of the
19        prisoner  if  the  prisoner  died  while  on  parole   or
20        mandatory supervised release.
21             (7)  When  a defendant who has been committed to the
22        Department of Corrections  or  the  Department  of  Human
23        Services  is  released  or  discharged  and  subsequently
24        committed  to  the  Department  of  Human  Services  as a
25        sexually violent person and the victim had  requested  to
26        be notified by the releasing authority of the defendant's
27        discharge  from  State  custody,  the releasing authority
28        shall provide to the Department of  Human  Services  such
29        information  that  would  allow  the  Department of Human
30        Services to contact the victim.
31        (e)  The officials named in this Section may satisfy some
32    or all of their obligations  to  provide  notices  and  other
33    information  through  participation in a statewide victim and
34    witness  notification  system  established  by  the  Attorney
 
                            -63-           LRB9103243EGfgam02
 1    General under Section 8.5 of this Act.
 2    (Source: P.A.  90-14,  eff.  7-1-97;  90-793,  eff.  8-14-98;
 3    91-237, 1-1-00.)

 4        (725 ILCS 120/6) (from Ch. 38, par. 1406)
 5        Sec. 6.  Rights to present victim impact statement.
 6        (a)  In  any case where a defendant has been convicted of
 7    a  violent  crime  or  a  juvenile  has  been  adjudicated  a
 8    delinquent for a violent crime except  those  in  which  both
 9    parties have agreed to the imposition of a specific sentence,
10    and a victim of the violent crime is present in the courtroom
11    at the time of the sentencing or the disposition hearing, the
12    victim  upon  his  or  her  request  shall  have the right to
13    address the court regarding the impact which the  defendant's
14    criminal conduct or the juvenile's delinquent conduct has had
15    upon  the  victim.  If  the  victim  chooses to exercise this
16    right, the  impact  statement  must  have  been  prepared  in
17    writing  in  conjunction  with  the  Office  of  the  State's
18    Attorney  prior  to the initial hearing or sentencing, before
19    it can be presented orally or in writing  at  the  sentencing
20    hearing.   In  conjunction  with  the  Office  of the State's
21    Attorney, a victim impact statement that is presented  orally
22    may  be  done  so by the victim or his or her representative.
23    The court shall consider any statements made by  the  victim,
24    along  with  all other appropriate factors in determining the
25    sentence of the defendant or disposition of such juvenile.
26        (b)  The crime victim has the right to prepare  a  victim
27    impact  statement and present it to the Office of the State's
28    Attorney at any time during the proceedings.
29        (c)  This Section shall apply to any victims of a violent
30    crime during any dispositional hearing under Section 5-705 of
31    the Juvenile Court Act of 1987 which takes place pursuant  to
32    an adjudication of delinquency for any such offense.
33    (Source: P.A. 89-546, eff. 1-1-97; 90-590, eff. 1-1-99.)
 
                            -64-           LRB9103243EGfgam02
 1        Section  35-20.   The  Unified  Code  of  Corrections  is
 2    amended  by  re-enacting Sections 3-6-4, 3-10-13, 3-14-1, and
 3    3-14-4 as follows:

 4        (730 ILCS 5/3-6-4) (from Ch. 38, par. 1003-6-4)
 5        Sec. 3-6-4.  Enforcement of Discipline - Escape.
 6        (a)  A committed person who escapes or attempts to escape
 7    from an institution or facility of  the  Adult  Division,  or
 8    escapes  or  attempts  to  escape  while in the custody of an
 9    employee of the Adult Division, or holds or  participates  in
10    the  holding  of  any person as a hostage by force, threat or
11    violence,  or  while  participating   in   any   disturbance,
12    demonstration or riot, causes, directs or participates in the
13    destruction  of any property is guilty of a Class 2 felony. A
14    committed person who fails to return from  furlough  or  from
15    work and day release is guilty of a Class 3 felony.
16        (b)  If one or more committed persons injures or attempts
17    to  injure  in a violent manner any employee, officer, guard,
18    other peace officer or any other committed person or  damages
19    or  attempts  to  damage  any  building  or  workshop, or any
20    appurtenances thereof, or attempts to escape, or disobeys  or
21    resists  any  lawful command, the employees, officers, guards
22    and other peace officers shall  use  all  suitable  means  to
23    defend  themselves,  to enforce the observance of discipline,
24    to secure the persons of  the  offenders,  and  prevent  such
25    attempted  violence  or escape; and said employees, officers,
26    guards, or other peace officers, or any of  them,  shall,  in
27    the  attempt  to prevent the escape of any such person, or in
28    attempting to retake any such person who has escaped,  or  in
29    attempting  to  prevent  or  suppress violence by a committed
30    person against another person,  a  riot,  revolt,  mutiny  or
31    insurrection,  be  justified  in  the use of force, including
32    force likely to  cause  death  or  great  bodily  harm  under
33    Section  7-8 of the Criminal Code of 1961 which he reasonably
 
                            -65-           LRB9103243EGfgam02
 1    believed necessary.
 2        As used in this Section, "committed  person"  includes  a
 3    person held in detention in a secure facility or committed as
 4    a sexually violent person and held in a secure facility under
 5    the  Sexually  Violent  Persons  Commitment  Act;  and "peace
 6    officer" means any officer or member of  any  duly  organized
 7    State, county or municipal police unit or police force.
 8        (c)  The Department shall establish procedures to provide
 9    immediate  notification  of  the  escape  of  any  person, as
10    defined in subsection (a) of this  Section,  to  the  persons
11    specified in subsection (c) of Section 3-14-1 of this Code.
12    (Source: P.A. 89-8, eff. 3-21-95; 90-793, eff. 8-14-98.)

13        (730 ILCS 5/3-10-13)
14        Sec. 3-10-13.  Notifications of Release or Escape.
15        (a)  The Department shall establish procedures to provide
16    written  notification  of  the release of any person from the
17    Juvenile Division to the persons and  agencies  specified  in
18    subsection (c) of Section 3-14-1 of this Code.
19        (b)  The Department shall establish procedures to provide
20    immediate  notification  of the escape of any person from the
21    Juvenile Division to the persons and  agencies  specified  in
22    subsection (c) of Section 3-14-1 of this Code.
23    (Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 3-21-95.)

24        (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
25        Sec. 3-14-1. Release from the Institution.
26        (a)  Upon  release  of  a  person  on  parole,  mandatory
27    release,  final  discharge  or  pardon  the  Department shall
28    return all property held for him, provide him  with  suitable
29    clothing  and procure necessary transportation for him to his
30    designated place of residence and employment. It may  provide
31    such  person  with  a  grant of money for travel and expenses
32    which may be paid in installments. The amount  of  the  money
 
                            -66-           LRB9103243EGfgam02
 1    grant shall be determined by the Department.
 2        The Department of Corrections may establish and maintain,
 3    in  any  institution  it  administers,  revolving funds to be
 4    known as "Travel  and  Allowances  Revolving  Funds".   These
 5    revolving  funds  shall  be  used  for  advancing  travel and
 6    expense allowances  to  committed,  paroled,  and  discharged
 7    prisoners.   The  moneys paid into such revolving funds shall
 8    be from  appropriations  to  the  Department  for  Committed,
 9    Paroled, and Discharged Prisoners.
10        (b)  (Blank).
11        (c)  Except  as  otherwise  provided  in  this  Code, the
12    Department shall  establish  procedures  to  provide  written
13    notification  of  any  release  of  any  person  who has been
14    convicted of a felony to the State's Attorney and sheriff  of
15    the  county  from  which  the offender was committed, and the
16    State's Attorney and sheriff of the  county  into  which  the
17    offender  is  to be paroled or released.  Except as otherwise
18    provided  in  this  Code,  the  Department  shall   establish
19    procedures  to provide written notification to the proper law
20    enforcement agency for any municipality of any release of any
21    person who has been convicted of a felony if  the  arrest  of
22    the  offender  or the commission of the offense took place in
23    the municipality,  if  the  offender  is  to  be  paroled  or
24    released into the municipality, or if the offender resided in
25    the  municipality  at  the  time  of  the  commission  of the
26    offense. If a person convicted of a  felony  who  is  in  the
27    custody  of  the  Department  of  Corrections or on parole or
28    mandatory supervised release informs the Department  that  he
29    or  she  has  resided,  resides, or will reside at an address
30    that is a  housing  facility  owned,  managed,  operated,  or
31    leased  by  a public housing agency, the Department must send
32    written  notification  of  that  information  to  the  public
33    housing agency that owns, manages, operates,  or  leases  the
34    housing  facility.   The  written  notification  shall,  when
 
                            -67-           LRB9103243EGfgam02
 1    possible,  be  given  at  least 14 days before release of the
 2    person from custody, or as soon thereafter as possible.
 3        (c-1)  (Blank).
 4        (d)  Upon the release of a committed  person  on  parole,
 5    mandatory  supervised release, final discharge or pardon, the
 6    Department  shall  provide  such  person   with   information
 7    concerning  programs  and services of the Illinois Department
 8    of Public Health to ascertain whether such  person  has  been
 9    exposed  to  the  human  immunodeficiency  virus (HIV) or any
10    identified  causative  agent  of  Acquired   Immunodeficiency
11    Syndrome (AIDS).
12    (Source: P.A. 91-506, eff. 8-13-99.)

13        (730 ILCS 5/3-14-4) (from Ch. 38, par. 1003-14-4)
14        Sec. 3-14-4. Half-way Houses.
15        (a)  The  Department  may establish and maintain half-way
16    houses for the residence of persons on  parole  or  mandatory
17    release.  Such half-way houses shall be maintained apart from
18    security  institutions,   except   that   the   Director   of
19    Corrections  is  authorized to designate that any work or day
20    release facility, or any portion thereof, may be  used  as  a
21    half-way  house  for  the  residence  of persons on parole or
22    mandatory supervised release.
23        (b)  For those persons to be placed in a  half-way  house
24    directly  upon  release  from  an  institution  on  parole or
25    mandatory supervised release status, not less  than  15  days
26    prior  to  the  placement of such a person in such a half-way
27    house, the  Department  of  Corrections  shall  give  written
28    notice  to the State's Attorney and the Sheriff of the county
29    and the proper law enforcement agency of the municipality  in
30    which  the  half-way  house is located of the identity of the
31    person to  be  placed  in  that  program.   Such  identifying
32    information shall include, but not be limited to, the name of
33    the  individual,  age,  physical description, photograph, the
 
                            -68-           LRB9103243EGfgam02
 1    crime for which the person was originally  sentenced  to  the
 2    Department  of Corrections, and like information.  The notice
 3    shall be given in all cases,  except  when  placement  of  an
 4    emergency nature is necessary.  In such emergency cases, oral
 5    notice  shall  be  given to the appropriate parties within 24
 6    hours with written notice to follow within 5 days.
 7        (c)  Persons on parole or  mandatory  supervised  release
 8    status  who  have  been previously released to the community,
 9    but who are not currently residing in a half-way  house,  may
10    be  placed  in a half-way house upon the oral notification of
11    the parties within 24 hours as indicated in subsection (b) of
12    this Section.  Such oral notification shall be followed  with
13    written notification within 5 days.
14    (Source: P.A. 88-680, eff. 1-1-95.)

15                             ARTICLE 40

16        Section  40-10.   The Criminal Code of 1961 is amended by
17    re-enacting Section 12-6.1 as follows:

18        (720 ILCS 5/12-6.1) (from Ch. 38, par. 12-6.1)
19        Sec.  12-6.1.  Compelling  organization   membership   of
20    persons.  A person who expressly or impliedly threatens to do
21    bodily harm or does bodily harm to an individual or  to  that
22    individual's  family  or  uses  any other criminally unlawful
23    means to solicit or cause any person to join,  or  deter  any
24    person   from   leaving,   any  organization  or  association
25    regardless of the nature of such organization or association,
26    is guilty of a Class 2 felony.
27        Any person of the age of 18 years or older who  expressly
28    or  impliedly threatens to do bodily harm or does bodily harm
29    to a  person  under  18  years  of  age  or  uses  any  other
30    criminally  unlawful  means  to  solicit  or cause any person
31    under 18 years of age to join, or deter any person  under  18
 
                            -69-           LRB9103243EGfgam02
 1    years  of  age  from leaving, any organization or association
 2    regardless of the nature of such organization or  association
 3    is guilty of a Class 1 felony.
 4        A person convicted of an offense under this Section shall
 5    not   be   eligible  to  receive  a  sentence  of  probation,
 6    conditional discharge, or periodic imprisonment.
 7    (Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 1-1-96; 89-314,
 8    eff. 1-1-96; 89-626, eff. 8-9-96.)

 9                             ARTICLE 50

10        Section 50-3.  The Firearm Owners Identification Card Act
11    is amended by  re-enacting  Sections  2,  4,  8,  and  14  as
12    follows:

13        (430 ILCS 65/2) (from Ch. 38, par. 83-2)
14        Sec.  2.   Firearm  Owner's Identification Card required;
15    exceptions.
16        (a) (1)  No person may acquire  or  possess  any  firearm
17    within  this  State without having in his or her possession a
18    Firearm Owner's Identification Card previously issued in  his
19    or  her  name  by  the  Department  of State Police under the
20    provisions of this Act.
21        (2)  No person may acquire or possess firearm  ammunition
22    within  this  State without having in his or her possession a
23    Firearm Owner's Identification Card previously issued in  his
24    or  her  name  by  the  Department  of State Police under the
25    provisions of this Act.
26        (b)  The  provisions  of  this  Section   regarding   the
27    possession  of  firearms  and firearm ammunition do not apply
28    to:
29             (1)  United States Marshals, while  engaged  in  the
30        operation of their official duties;
31             (2)  Members  of  the  Armed  Forces  of  the United
 
                            -70-           LRB9103243EGfgam02
 1        States or  the  National  Guard,  while  engaged  in  the
 2        operation of their official duties;
 3             (3)  Federal  officials  required to carry firearms,
 4        while engaged in the operation of their official duties;
 5             (4)  Members of  bona  fide  veterans  organizations
 6        which  receive firearms directly from the armed forces of
 7        the  United  States,  while  using   the   firearms   for
 8        ceremonial purposes with blank ammunition;
 9             (5)  Nonresident hunters during hunting season, with
10        valid  nonresident  hunting licenses and while in an area
11        where hunting is permitted; however, at all  other  times
12        and  in  all  other  places these persons must have their
13        firearms unloaded and enclosed in a case;
14             (6)  Those hunters exempt from obtaining  a  hunting
15        license  who are required to submit their Firearm Owner's
16        Identification Card when hunting on Department of Natural
17        Resources owned or managed sites;
18             (7)  Nonresidents while  on  a  firing  or  shooting
19        range  recognized  by  the  Department  of  State Police;
20        however, these persons must at all other times and in all
21        other places have their firearms unloaded and enclosed in
22        a case;
23             (8)  Nonresidents while  at  a  firearm  showing  or
24        display  recognized  by  the  Department of State Police;
25        however, at all other times and in all other places these
26        persons must have their firearms unloaded and enclosed in
27        a case;
28             (9)  Nonresidents whose firearms  are  unloaded  and
29        enclosed in a case;
30             (10)  Nonresidents  who  are  currently  licensed or
31        registered to possess a firearm in their resident state;
32             (11)  Unemancipated minors while in the custody  and
33        immediate  control  of  their parent or legal guardian or
34        other person in loco parentis to the minor if the  parent
 
                            -71-           LRB9103243EGfgam02
 1        or legal guardian or other person in loco parentis to the
 2        minor    has    a   currently   valid   Firearm   Owner's
 3        Identification Card;
 4             (12)  Color   guards   of   bona    fide    veterans
 5        organizations  or  members  of  bona fide American Legion
 6        bands while using firearms for ceremonial  purposes  with
 7        blank ammunition;
 8             (13)  Nonresident  hunters  whose state of residence
 9        does not require them to be  licensed  or  registered  to
10        possess  a  firearm  and only during hunting season, with
11        valid hunting licenses, while accompanied by, and using a
12        firearm owned by, a person who possesses a valid  Firearm
13        Owner's Identification Card and while in an area within a
14        commercial  club  licensed  under the Wildlife Code where
15        hunting is permitted and controlled, but in  no  instance
16        upon  sites owned or managed by the Department of Natural
17        Resources; and
18             (14)  Resident hunters who are  properly  authorized
19        to  hunt and, while accompanied by a person who possesses
20        a valid Firearm Owner's Identification Card, hunt  in  an
21        area within a commercial club licensed under the Wildlife
22        Code where hunting is permitted and controlled.
23        (c)  The   provisions   of  this  Section  regarding  the
24    acquisition and possession of firearms and firearm ammunition
25    do not apply to law enforcement  officials  of  this  or  any
26    other  jurisdiction,  while engaged in the operation of their
27    official duties.
28    (Source: P.A. 88-680, eff. 1-1-95; 89-445, eff. 2-7-96.)

29        (430 ILCS 65/4) (from Ch. 38, par. 83-4)
30        Sec.  4.  (a)  Each  applicant  for  a  Firearm   Owner's
31    Identification Card must:
32             (1)  Make  application  on  blank forms prepared and
33        furnished at convenient locations throughout the State by
 
                            -72-           LRB9103243EGfgam02
 1        the Department of State Police; and
 2             (2)  Submit evidence under penalty of perjury to the
 3        Department of State Police that:
 4                  (i)  He or she is 21 years of age or  over,  or
 5             if he or she is under 21 years of age that he or she
 6             has  the  written  consent  of  his or her parent or
 7             legal guardian to possess and acquire  firearms  and
 8             firearm ammunition and that he or she has never been
 9             convicted  of  a  misdemeanor  other  than a traffic
10             offense or adjudged delinquent,  provided,  however,
11             that  such  parent  or  legal  guardian  is  not  an
12             individual  prohibited from having a Firearm Owner's
13             Identification Card and files an affidavit with  the
14             Department  as  prescribed by the Department stating
15             that he or she is not an individual prohibited  from
16             having a Card;
17                  (ii)  He  or  she  has  not been convicted of a
18             felony  under  the  laws  of  this  or   any   other
19             jurisdiction;
20                  (iii)  He or she is not addicted to narcotics;
21                  (iv)  He  or  she  has  not been a patient in a
22             mental institution within the past 5 years;
23                  (v)  He or she is not mentally retarded;
24                  (vi)  He  or  she  is  not  an  alien  who   is
25             unlawfully  present  in  the United States under the
26             laws of the United States;
27                  (vii)  He or she is not subject to an  existing
28             order  of  protection  prohibiting  him  or her from
29             possessing a firearm;
30                  (viii) He or she has not been convicted  within
31             the  past  5  years  of battery, assault, aggravated
32             assault, violation of an order of protection,  or  a
33             substantially    similar    offense    in    another
34             jurisdiction,   in  which  a  firearm  was  used  or
 
                            -73-           LRB9103243EGfgam02
 1             possessed;
 2                  (ix)  He or  she  has  not  been  convicted  of
 3             domestic  battery or a substantially similar offense
 4             in another jurisdiction committed on  or  after  the
 5             effective date of this amendatory Act of 1997; and
 6                  (x)  He  or  she  has not been convicted within
 7             the  past  5  years  of  domestic   battery   or   a
 8             substantially    similar    offense    in    another
 9             jurisdiction  committed before the effective date of
10             this amendatory Act of 1997; and
11             (3)  Upon request by the Department of State Police,
12        sign a release on a form prescribed by the Department  of
13        State  Police  waiving  any  right to confidentiality and
14        requesting the disclosure  to  the  Department  of  State
15        Police  of  limited  mental  health institution admission
16        information from another state, the District of Columbia,
17        any other territory of the United States,  or  a  foreign
18        nation  concerning  the applicant for the sole purpose of
19        determining whether the applicant is or was a patient  in
20        a  mental  health institution and disqualified because of
21        that   status   from   receiving   a   Firearm    Owner's
22        Identification  Card.  No mental health care or treatment
23        records may be requested.  The information received shall
24        be destroyed within one year of receipt.
25        (b)  Each application form shall  include  the  following
26    statement  printed  in bold type:  "Warning: False statements
27    of the applicant shall result in prosecution for  perjury  in
28    accordance with Section 32-2 of the Criminal Code of 1961.".
29        (c)  Upon  such  written  consent, pursuant to Section 4,
30    paragraph (a) (2) (i), the parent or  legal  guardian  giving
31    the  consent  shall  be liable for any damages resulting from
32    the applicant's use of firearms or firearm ammunition.
33    (Source: P.A. 90-493, eff. 1-1-98; 91-514, eff. 1-1-00.)
 
                            -74-           LRB9103243EGfgam02
 1        (430 ILCS 65/8) (from Ch. 38, par. 83-8)
 2        Sec. 8.  The Department of State Police has authority  to
 3    deny  an  application  for  or  to revoke and seize a Firearm
 4    Owner's Identification Card previously issued under this  Act
 5    only if the Department finds that the applicant or the person
 6    to  whom  such  card  was  issued  is  or  was at the time of
 7    issuance:
 8        (a)  A  person  under  21  years  of  age  who  has  been
 9    convicted of a misdemeanor other than a  traffic  offense  or
10    adjudged delinquent;
11        (b)  A person under 21 years of age who does not have the
12    written  consent  of  his  parent  or guardian to acquire and
13    possess firearms and firearm ammunition, or whose  parent  or
14    guardian  has  revoked  such  written  consent, or where such
15    parent or guardian does not qualify to have a Firearm Owner's
16    Identification Card;
17        (c)  A person convicted of a felony  under  the  laws  of
18    this or any other jurisdiction;
19        (d)  A person addicted to narcotics;
20        (e)  A  person  who  has  been  a  patient  of  a  mental
21    institution within the past 5 years;
22        (f)  A  person whose mental condition is of such a nature
23    that it poses a clear and present danger  to  the  applicant,
24    any other person or persons or the community;
25        For  the  purposes  of  this  Section, "mental condition"
26    means a  state  of  mind  manifested  by  violent,  suicidal,
27    threatening or assaultive behavior.
28        (g)  A person who is mentally retarded;
29        (h)  A  person  who intentionally makes a false statement
30    in the Firearm Owner's Identification Card application;
31        (i)  An alien who is unlawfully  present  in  the  United
32    States under the laws of the United States;
33        (j)  A  person  who  is  subject  to an existing order of
34    protection prohibiting him or her from possessing a firearm;
 
                            -75-           LRB9103243EGfgam02
 1        (k)  A person who has been convicted within  the  past  5
 2    years  of  battery, assault, aggravated assault, violation of
 3    an order of protection, or a substantially similar offense in
 4    another  jurisdiction,  in  which  a  firearm  was  used   or
 5    possessed;
 6        (l)  A  person who has been convicted of domestic battery
 7    or a substantially similar offense  in  another  jurisdiction
 8    committed on or after January 1, 1998;
 9        (m)  A  person  who  has been convicted within the past 5
10    years of domestic battery or a substantially similar  offense
11    in another jurisdiction committed before January 1, 1998; or
12        (n)   A  person  who  is  prohibited  from  acquiring  or
13    possessing  firearms  or  firearm  ammunition by any Illinois
14    State statute or by federal law.
15    (Source: P.A.  89-367,  eff.  1-1-96;  90-130,  eff.  1-1-98;
16    90-493, eff. 1-1-98; 90-655, eff. 7-30-98.)

17        (430 ILCS 65/14) (from Ch. 38, par. 83-14)
18        Sec. 14.  Sentence.
19        (a)  A  violation  of  paragraph (1) of subsection (a) of
20    Section 2, when the person's Firearm  Owner's  Identification
21    Card  is expired but the person is not otherwise disqualified
22    from renewing the card, is a Class A misdemeanor.
23        (b)  Except as provided in subsection (a) with respect to
24    an expired card, a violation of paragraph (1)  of  subsection
25    (a)  of  Section  2  is a Class A misdemeanor when the person
26    does  not  possess  a   currently   valid   Firearm   Owner's
27    Identification  Card,  but  is  otherwise eligible under this
28    Act.  A second or subsequent violation is a Class 4 felony.
29        (c)  A violation of paragraph (1) of  subsection  (a)  of
30    Section 2 is a Class 3 felony when:
31             (1)  the  person's  Firearm  Owner's  Identification
32        Card is revoked or subject to revocation under Section 8;
33        or
 
                            -76-           LRB9103243EGfgam02
 1             (2)  the  person's  Firearm  Owner's  Identification
 2        Card  is  expired  and not otherwise eligible for renewal
 3        under this Act; or
 4             (3)  the person does not possess a  currently  valid
 5        Firearm  Owner's  Identification  Card, and the person is
 6        not otherwise eligible under this Act.
 7        (d)  A violation of subsection (a)  of  Section  3  is  a
 8    Class 4 felony.
 9        (e)  Any  other  violation  of  this  Act  is  a  Class A
10    misdemeanor.
11    (Source: P.A. 88-680, eff. 1-1-95; 89-377, eff. 8-18-95.)

12        Section 50-5.  The Criminal Code of 1961  is  amended  by
13    re-enacting  Sections  11-14, 11-14.1, 11-16, 11-19, 11-19.1,
14    11-19.2,  24-3,  24-3.1,  33A-1,  33A-3,  and  33F-1  and  by
15    re-enacting and amending Section 24-1 as follows:

16        (720 ILCS 5/11-14) (from Ch. 38, par. 11-14)
17        Sec. 11-14.  Prostitution.
18        (a)  Any person who performs, offers or agrees to perform
19    any act of sexual penetration as defined in Section 12-12  of
20    this  Code for any money, property, token, object, or article
21    or anything of value, or any touching or fondling of the  sex
22    organs  of  one  person  by  another  person,  for any money,
23    property, token, object, or article or anything of value, for
24    the purpose of sexual arousal or gratification commits an act
25    of prostitution.
26        (b)  Sentence.
27        Prostitution is a Class A misdemeanor. A person convicted
28    of a second or subsequent violation of this  Section,  or  of
29    any  combination  of  such  number  of convictions under this
30    Section and Sections 11-15 , 11-17, 11-18, 11-18.1 and  11-19
31    of this Code is guilty of a Class 4 felony. When a person has
32    one  or more prior convictions, the information or indictment
 
                            -77-           LRB9103243EGfgam02
 1    charging that person shall state such prior conviction so  as
 2    to  give  notice of the State's intention to treat the charge
 3    as a felony. The fact of such  prior  conviction  is  not  an
 4    element  of  the offense and may not be disclosed to the jury
 5    during trial unless otherwise permitted  by  issues  properly
 6    raised during such trial.
 7        (c)  A person who violates this Section within 1,000 feet
 8    of  real  property  comprising  a  school  commits  a Class 4
 9    felony.
10    (Source: P.A.  91-274,  eff.  1-1-00;  91-498,  eff.  1-1-00;
11    revised 10-20-99.)

12        (720 ILCS 5/11-14.1)
13        Sec. 11-14.1. Solicitation of a sexual act.
14        (a)  Any person who offers a person not his or her spouse
15    any money, property, token, object, or article or anything of
16    value  to perform any act of sexual penetration as defined in
17    Section 12-12 of this Code, or any touching  or  fondling  of
18    the  sex  organs  of  one  person  by  another person for the
19    purpose of  sexual  arousal  or  gratification,  commits  the
20    offense of solicitation of a sexual act.
21        (b)  Sentence.  Solicitation of a sexual act is a Class B
22    misdemeanor.
23    (Source: P.A. 88-325; 88-680, eff. 1-1-95.)

24        (720 ILCS 5/11-16) (from Ch. 38, par. 11-16)
25        Sec. 11-16. Pandering.
26        (a)  Any person who performs any of  the  following  acts
27    for  any  money,  property,  token,  object,  or  article  or
28    anything of value commits pandering:
29             (1)  Compels a person to become a prostitute; or
30             (2)  Arranges  or  offers  to arrange a situation in
31        which a person may practice prostitution.
32        (b)  Sentence.
 
                            -78-           LRB9103243EGfgam02
 1        Pandering by compulsion is a Class  4  felony.  Pandering
 2    other than by compulsion is a Class 4 felony.
 3        (c)  A person who violates this Section within 1,000 feet
 4    of  real  property  comprising  a  school  commits  a Class 3
 5    felony.
 6    (Source: P.A. 91-274, eff. 1-1-00.)

 7        (720 ILCS 5/11-19) (from Ch. 38, par. 11-19)
 8        Sec. 11-19.  Pimping.
 9        (a)  Any person who receives any money, property,  token,
10    object,  or  article  or anything of value from a prostitute,
11    not for a lawful consideration,  knowing  it  was  earned  in
12    whole  or  in part from the practice of prostitution, commits
13    pimping.
14        (b)  Sentence.
15        Pimping is a Class A misdemeanor. A person convicted of a
16    second or subsequent violation of this  Section,  or  of  any
17    combination  of such number of convictions under this Section
18    and Sections 11-14, 11-15, 11-17, 11-18 and 11-18.1  of  this
19    Code is guilty of a Class 4 felony.  When a person has one or
20    more   prior   convictions,  the  information  or  indictment
21    charging that person shall state such prior conviction so  as
22    to  give  notice of the State's intention to treat the charge
23    as a felony.  The fact of such conviction is not  an  element
24    of  the  offense  and may not be disclosed to the jury during
25    trial unless otherwise permitted by  issues  properly  raised
26    during such trial.
27        (c)  A person who violates this Section within 1,000 feet
28    of  real  property  comprising  a  school  commits  a Class 4
29    felony.
30    (Source: P.A.  91-274,  eff.  1-1-00;  91-498,  eff.  1-1-00;
31    revised 10-20-99.)

32        (720 ILCS 5/11-19.1) (from Ch. 38, par. 11-19.1)
 
                            -79-           LRB9103243EGfgam02
 1        Sec. 11-19.1.  Juvenile Pimping.
 2        (a)  Any  person who receives any money, property, token,
 3    object, or article or anything of  value  from  a  prostitute
 4    under  16  years  of  age  or  from  a  prostitute  who is an
 5    institutionalized severely or  profoundly  mentally  retarded
 6    person, not for a lawful consideration, knowing it was earned
 7    in  whole  or  in  part  from  the  practice of prostitution,
 8    commits juvenile pimping.
 9        (b)  It is an affirmative defense to a charge of juvenile
10    pimping that the accused reasonably believed the  person  was
11    of   the   age   of   16   years   or  over  or  was  not  an
12    institutionalized severely or  profoundly  mentally  retarded
13    person at the time of the act giving rise to the charge.
14        (c)  Sentence.
15        Juvenile pimping is a Class 1 felony.
16    (Source: P.A. 88-680, eff. 1-1-95.)

17        (720 ILCS 5/11-19.2) (from Ch. 38, par. 11-19.2)
18        Sec. 11-19.2.  Exploitation of a child.
19        (A)  A  person commits exploitation of a child when he or
20    she  confines  a  child  under  the   age   of   16   or   an
21    institutionalized  severely  or  profoundly mentally retarded
22    person against his or her will by the infliction or threat of
23    imminent  infliction  of   great   bodily   harm,   permanent
24    disability  or disfigurement or by administering to the child
25    or  an  institutionalized  severely  or  profoundly  mentally
26    retarded person without his or her consent or  by  threat  or
27    deception  and for other than medical purposes, any alcoholic
28    intoxicant or a drug as defined in  the  Illinois  Controlled
29    Substances Act or the Cannabis Control Act and:
30             (1)  compels   the  child  or  an  institutionalized
31        severely or profoundly mentally retarded person to become
32        a prostitute; or
33             (2)  arranges a situation in which the child  or  an
 
                            -80-           LRB9103243EGfgam02
 1        institutionalized   severely   or   profoundly   mentally
 2        retarded person may practice prostitution; or
 3             (3)  receives any money, property, token, object, or
 4        article  or  anything  of  value  from  the  child  or an
 5        institutionalized   severely   or   profoundly   mentally
 6        retarded person knowing it was obtained in  whole  or  in
 7        part from the practice of prostitution.
 8        (B)  For  purposes  of this Section, administering drugs,
 9    as defined in subsection (A), or an alcoholic intoxicant to a
10    child under the age of 13 or an institutionalized severely or
11    profoundly mentally retarded person shall  be  deemed  to  be
12    without  consent  if  such  administering is done without the
13    consent of the parents or legal guardian.
14        (C)  Exploitation of a child is a Class X felony.
15        (D)  Any person convicted under this Section  is  subject
16    to the forfeiture provisions of Section 11-20.1A of this Act.
17    (Source: P.A. 91-357, eff. 7-29-99.)

18        (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
19        Sec. 24-1. Unlawful Use of Weapons.
20        (a)  A  person  commits  the  offense  of unlawful use of
21    weapons when he knowingly:
22             (1)  Sells, manufactures,  purchases,  possesses  or
23        carries  any bludgeon, black-jack, slung-shot, sand-club,
24        sand-bag, metal knuckles, throwing star,  or  any  knife,
25        commonly  referred to as a switchblade knife, which has a
26        blade that opens automatically by hand  pressure  applied
27        to  a button, spring or other device in the handle of the
28        knife, or a ballistic  knife,  which  is  a  device  that
29        propels  a  knifelike blade as a projectile by means of a
30        coil spring, elastic material or compressed gas; or
31             (2)  Carries or possesses with  intent  to  use  the
32        same  unlawfully  against another, a dagger, dirk, billy,
33        dangerous knife, razor, stiletto, broken bottle or  other
 
                            -81-           LRB9103243EGfgam02
 1        piece  of glass, stun gun or taser or any other dangerous
 2        or deadly weapon or instrument of like character; or
 3             (3)  Carries on  or  about  his  person  or  in  any
 4        vehicle,  a  tear gas gun projector or bomb or any object
 5        containing noxious liquid gas or substance, other than an
 6        object containing a  non-lethal  noxious  liquid  gas  or
 7        substance designed solely for personal defense carried by
 8        a person 18 years of age or older; or
 9             (4)  Carries   or   possesses   in  any  vehicle  or
10        concealed on or about his person except when on his  land
11        or  in  his  own  abode  or  fixed  place of business any
12        pistol, revolver, stun gun or taser or other firearm; or
13             (5)  Sets a spring gun; or
14             (6)  Possesses any device or attachment of any  kind
15        designed,  used  or  intended  for  use  in silencing the
16        report of any firearm; or
17             (7)  Sells, manufactures,  purchases,  possesses  or
18        carries:
19                  (i)  a  machine gun, which shall be defined for
20             the purposes of this subsection as any weapon, which
21             shoots, is designed to  shoot,  or  can  be  readily
22             restored  to shoot, automatically more than one shot
23             without manually reloading by a single  function  of
24             the  trigger, including the frame or receiver of any
25             such  weapon,  or  sells,  manufactures,  purchases,
26             possesses,  or  carries  any  combination  of  parts
27             designed or  intended  for  use  in  converting  any
28             weapon  into  a  machine  gun, or any combination or
29             parts from which a machine gun can be  assembled  if
30             such  parts  are  in  the  possession  or  under the
31             control of a person;
32                  (ii)  any rifle having one or more barrels less
33             than 16 inches in length or a shotgun having one  or
34             more  barrels  less  than 18 inches in length or any
 
                            -82-           LRB9103243EGfgam02
 1             weapon made from a  rifle  or  shotgun,  whether  by
 2             alteration,  modification,  or  otherwise, if such a
 3             weapon as modified has an  overall  length  of  less
 4             than 26 inches; or
 5                  (iii)  any bomb, bomb-shell, grenade, bottle or
 6             other container containing an explosive substance of
 7             over  one-quarter  ounce for like purposes, such as,
 8             but not limited to, black powder bombs  and  Molotov
 9             cocktails or artillery projectiles; or
10             (8)  Carries  or  possesses any firearm, stun gun or
11        taser or other  deadly  weapon  in  any  place  which  is
12        licensed to sell intoxicating beverages, or at any public
13        gathering  held  pursuant  to  a  license  issued  by any
14        governmental body or any public  gathering  at  which  an
15        admission  is charged, excluding a place where a showing,
16        demonstration or  lecture  involving  the  exhibition  of
17        unloaded firearms is conducted; or
18             (9)  Carries  or  possesses  in  a  vehicle or on or
19        about his person any pistol, revolver, stun gun or  taser
20        or  firearm  or ballistic knife, when he is hooded, robed
21        or masked in such manner as to conceal his identity; or
22             (10)  Carries or possesses on or about  his  person,
23        upon  any  public  street,  alley,  or other public lands
24        within  the  corporate  limits  of  a  city,  village  or
25        incorporated town, except  when  an  invitee  thereon  or
26        therein, for the purpose of the display of such weapon or
27        the  lawful  commerce  in  weapons, or except when on his
28        land or in his own abode or fixed place of business,  any
29        pistol, revolver, stun gun or taser or other firearm.
30             A "stun gun or taser", as used in this paragraph (a)
31        means  (i)  any  device  which  is  powered by electrical
32        charging units, such as, batteries, and which  fires  one
33        or  several barbs attached to a length of wire and which,
34        upon hitting a human, can send out a current  capable  of
 
                            -83-           LRB9103243EGfgam02
 1        disrupting  the  person's nervous system in such a manner
 2        as to render him incapable of normal functioning or  (ii)
 3        any device which is powered by electrical charging units,
 4        such  as  batteries, and which, upon contact with a human
 5        or clothing worn by a human, can send out current capable
 6        of disrupting the  person's  nervous  system  in  such  a
 7        manner  as to render him incapable of normal functioning;
 8        or
 9             (11)  Sells, manufactures or purchases any explosive
10        bullet.  For purposes of this  paragraph  (a)  "explosive
11        bullet"  means  the  projectile  portion of an ammunition
12        cartridge which contains or carries an  explosive  charge
13        which will explode upon contact with the flesh of a human
14        or  an  animal.    "Cartridge" means a tubular metal case
15        having a projectile affixed at the front  thereof  and  a
16        cap   or  primer  at  the  rear  end  thereof,  with  the
17        propellant contained in such tube between the  projectile
18        and the cap; or
19             (12)  (Blank).
20        (b)  Sentence.   A  person  convicted  of  a violation of
21    subsection 24-1(a)(1)  through  (3),  subsection  24-1(a)(5),
22    subsection  24-1(a)(8),  or  subsection 24-1(a)(11) commits a
23    Class A misdemeanor.  A violation of subsection 24-1(a)(4) or
24    subsection 24-1(a)(10) is a Class 4 felony, except  that  the
25    State's   Attorney  may  charge  a  violation  of  subsection
26    24-1(a)(4) or subsection 24-1(a)(10) as a Class A misdemeanor
27    if he or she determines  that  the  interest  of  justice  so
28    requires.   In  making  such  a  determination,  the  State's
29    Attorney  may  take into consideration the following factors:
30    (1) the totality of the facts and  circumstances  surrounding
31    the  offense  and  arrest; (2) the prior criminal history and
32    age of the defendant; (3) the presence of  illegal  drugs  or
33    controlled  substances or other evidence of crime or criminal
34    activity in the vehicle; and (4) whether the defendant  is  a
 
                            -84-           LRB9103243EGfgam02
 1    member of or affiliated with a street gang, as defined in the
 2    Illinois  Streetgang  Terrorism  Omnibus  Prevention  Act, or
 3    whether there are indicia of street gang  activity  found  in
 4    the  vehicle.   The  State's  Attorney  may  also  take  into
 5    consideration  any other relevant factors that, in his or her
 6    opinion, mitigate the seriousness of the offense or  indicate
 7    that  the  accused  does  not  pose a threat to the safety or
 8    wellbeing of any person.  A person convicted of  a  violation
 9    of  subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits
10    a Class 4 felony;  a  person  convicted  of  a  violation  of
11    subsection  24-1(a)(6)  or  24-1(a)(7)(ii) or (iii) commits a
12    Class 3  felony.   A  person  convicted  of  a  violation  of
13    subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
14    weapon  is  possessed in the passenger compartment of a motor
15    vehicle as defined in Section 1-146 of the  Illinois  Vehicle
16    Code,  or on the person, while the weapon is loaded, in which
17    case it shall be a Class X felony.   A person convicted of  a
18    second  or  subsequent  violation  of  subsection 24-1(a)(4),
19    24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony.
20        (c)  Violations in specific places.
21             (1)  A person who violates subsection 24-1(a)(6)  or
22        24-1(a)(7)  in  any school, regardless of the time of day
23        or the time  of  year,  in  residential  property  owned,
24        operated  and  managed  by  a public housing agency, in a
25        public park,  in  a  courthouse,  on  the  real  property
26        comprising  any  school, regardless of the time of day or
27        the  time  of  year,  on  residential   property   owned,
28        operated  and  managed by a public housing agency, on the
29        real property comprising any public  park,  on  the  real
30        property  comprising  any  courthouse,  in any conveyance
31        owned, leased or contracted  by  a  school  to  transport
32        students  to or from school or a school related activity,
33        or on any public  way  within  1,000  feet  of  the  real
34        property  comprising any school, public park, courthouse,
 
                            -85-           LRB9103243EGfgam02
 1        or residential property owned, operated, and managed by a
 2        public housing agency commits a Class 2 felony.
 3             (1.5)  A person who violates subsection  24-1(a)(4),
 4        24-1(a)(9),  or  24-1(a)(10) in any school, regardless of
 5        the time of day or  the  time  of  year,  in  residential
 6        property owned, operated, and managed by a public housing
 7        agency,  in  a  public park, in a courthouse, on the real
 8        property comprising any school, regardless of the time of
 9        day or the time of year, on residential  property  owned,
10        operated,  and managed by a public housing agency, on the
11        real property comprising any public  park,  on  the  real
12        property  comprising  any  courthouse,  in any conveyance
13        owned, leased, or contracted by  a  school  to  transport
14        students  to or from school or a school related activity,
15        or on any public  way  within  1,000  feet  of  the  real
16        property  comprising any school, public park, courthouse,
17        or residential property owned, operated, and managed by a
18        public housing agency commits a Class 3 felony.
19             (2)  A person who  violates  subsection  24-1(a)(1),
20        24-1(a)(2),  or  24-1(a)(3)  in any school, regardless of
21        the time of day or  the  time  of  year,  in  residential
22        property  owned, operated and managed by a public housing
23        agency, in a public park, in a courthouse,  on  the  real
24        property comprising any school, regardless of the time of
25        day  or  the time of year, on residential property owned,
26        operated and managed by a public housing agency,  on  the
27        real  property  comprising  any  public park, on the real
28        property comprising any  courthouse,  in  any  conveyance
29        owned,  leased  or  contracted  by  a school to transport
30        students to or from school or a school related  activity,
31        or  on  any  public  way  within  1,000  feet of the real
32        property comprising any school, public park,  courthouse,
33        or residential property owned, operated, and managed by a
34        public   housing   agency   commits  a  Class  4  felony.
 
                            -86-           LRB9103243EGfgam02
 1        "Courthouse" means any  building  that  is  used  by  the
 2        Circuit,  Appellate,  or  Supreme Court of this State for
 3        the conduct of official business.
 4             (3)  Paragraphs  (1),  (1.5),  and   (2)   of   this
 5        subsection   (c)  shall  not  apply  to  law  enforcement
 6        officers or security officers of such school, college, or
 7        university or to students carrying or possessing firearms
 8        for use in training  courses,  parades,  hunting,  target
 9        shooting  on school ranges, or otherwise with the consent
10        of school authorities and which firearms are  transported
11        unloaded   enclosed   in   a   suitable   case,  box,  or
12        transportation package.
13             (4)  For  the  purposes  of  this  subsection   (c),
14        "school"  means  any  public  or  private  elementary  or
15        secondary   school,   community   college,   college,  or
16        university.
17        (d)  The presence in an automobile other  than  a  public
18    omnibus of any weapon, instrument or substance referred to in
19    subsection  (a)(7)  is prima facie evidence that it is in the
20    possession of, and is being carried by, all persons occupying
21    such automobile  at  the  time  such  weapon,  instrument  or
22    substance is found, except under the following circumstances:
23    (i)  if  such  weapon, instrument or instrumentality is found
24    upon the person of one of the occupants therein; or  (ii)  if
25    such   weapon,   instrument  or  substance  is  found  in  an
26    automobile operated for hire by a duly licensed driver in the
27    due, lawful and  proper  pursuit  of  his  trade,  then  such
28    presumption shall not apply to the driver.
29        (e)  Exemptions.   Crossbows, Common or Compound bows and
30    Underwater Spearguns are  exempted  from  the  definition  of
31    ballistic knife as defined in paragraph (1) of subsection (a)
32    of this Section.
33    (Source: P.A. 90-686, eff. 1-1-99.)
 
                            -87-           LRB9103243EGfgam02
 1        (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
 2        Sec. 24-3.  Unlawful Sale of Firearms.
 3        (A)  A  person  commits  the  offense of unlawful sale of
 4    firearms when he or she knowingly does any of the following:
 5             (a)  Sells or gives any firearm of a size which  may
 6        be concealed upon the person to any person under 18 years
 7        of age.; or
 8             (b)  Sells or gives any firearm to a person under 21
 9        years  of  age  who  has  been convicted of a misdemeanor
10        other than a traffic offense or adjudged delinquent.; or
11             (c)  Sells or gives  any  firearm  to  any  narcotic
12        addict.; or
13             (d)  Sells  or  gives  any firearm to any person who
14        has been convicted of a felony under the laws of this  or
15        any other jurisdiction.; or
16             (e)  Sells  or  gives  any firearm to any person who
17        has been a patient in a mental hospital within the past 5
18        years.; or
19             (f)  Sells or gives any firearms to any  person  who
20        is mentally retarded.; or
21             (g)  Delivers  any  firearm  of  a size which may be
22        concealed upon the person, incidental to a sale,  without
23        withholding  delivery  of  such  firearm  for at least 72
24        hours after application for its purchase has  been  made,
25        or  delivers  any  rifle,  shotgun  or  other  long  gun,
26        incidental  to  a  sale,  without withholding delivery of
27        such rifle, shotgun or other long gun  for  at  least  24
28        hours  after  application for its purchase has been made.
29        However, this paragraph (g) does shall not apply to:  (1)
30        the  sale  of a firearm to a law enforcement officer or a
31        person who desires to  purchase  a  firearm  for  use  in
32        promoting  the  public  interest  incident  to his or her
33        employment as a bank guard, armed truck guard,  or  other
34        similar employment; or (2) a mail order sale of a firearm
 
                            -88-           LRB9103243EGfgam02
 1        to  a  nonresident of Illinois under which the firearm is
 2        mailed to a point outside the boundaries of Illinois;  or
 3        (3)  the  sale  of a firearm to a nonresident of Illinois
 4        while at a firearm showing or display recognized  by  the
 5        Illinois Department of State Police; or (4) the sale of a
 6        firearm  to  a dealer licensed under the Federal Firearms
 7        Act of the United States.; or
 8             (h)  While holding any  license  under  the  federal
 9        "Gun  Control  Act  of  1968",  as  amended, as a dealer,
10        importer, manufacturer or pawnbroker  under  the  federal
11        Gun Control Act of 1968,; manufactures, sells or delivers
12        to  any  unlicensed  person  a  handgun  having a barrel,
13        slide, frame or receiver which is a die casting  of  zinc
14        alloy  or  any other nonhomogeneous metal which will melt
15        or deform at a  temperature  of  less  than  800  degrees
16        Fahrenheit.    For   purposes   of  this  paragraph,  (1)
17        "firearm"  is  defined   as   in   the   Firearm   Owners
18        Identification   Card   Act   "An  Act  relating  to  the
19        acquisition, possession  and  transfer  of  firearms  and
20        firearm   ammunition,   to  provide  a  penalty  for  the
21        violation  thereof  and  to  make  an  appropriation   in
22        connection   therewith",  approved  August  3,  1967,  as
23        amended; and  (2)  "handgun"  is  defined  as  a  firearm
24        designed  to  be  held  and  fired by the use of a single
25        hand, and includes a combination of parts from which such
26        a firearm can be assembled.; or
27             (i)  Sells or gives a firearm of  any  size  to  any
28        person under 18 years of age who does not possess a valid
29        Firearm Owner's Identification Card.
30        (B)  (j)  Paragraph  (h)  of  subsection  (A)  does  this
31    Section shall not include firearms sold within 6 months after
32    enactment  of  Public  Act  78-355 (approved August 21, 1973,
33    effective October 1, 1973) this amendatory Act of  1973,  nor
34    is  shall  any  firearm  legally  owned  or  possessed by any
 
                            -89-           LRB9103243EGfgam02
 1    citizen or purchased by any citizen within 6 months after the
 2    enactment of Public Act 78-355 this amendatory Act of 1973 be
 3    subject to confiscation or seizure under  the  provisions  of
 4    that  Public  this amendatory Act of 1973.  Nothing in Public
 5    Act 78-355 this amendatory Act of 1973 shall be construed  to
 6    prohibit the gift or trade of any firearm if that firearm was
 7    legally  held or acquired within 6 months after the enactment
 8    of that Public this amendatory Act of 1973.
 9        (C) (k)  Sentence.
10             (1)  Any  person  convicted  of  unlawful  sale   of
11        firearms  in  violation  of any of paragraphs (c) through
12        (h) of subsection (A) commits a Class 4 felony.
13             (2)  Any  person  convicted  of  unlawful  sale   of
14        firearms   in  violation  of  paragraph  (b)  or  (i)  of
15        subsection (A) commits a Class 3 felony.
16             (3)  Any  person  convicted  of  unlawful  sale   of
17        firearms  in violation of paragraph (a) of subsection (A)
18        commits a Class 2 felony.
19             (4)  Any  person  convicted  of  unlawful  sale   of
20        firearms  in  violation  of paragraph (a), (b), or (i) of
21        subsection (A)  in  any  school,  on  the  real  property
22        comprising  a  school,  within  1,000  feet  of  the real
23        property  comprising  a  school,  at  a  school   related
24        activity,  or  on  or within 1,000 feet of any conveyance
25        owned, leased,  or  contracted  by  a  school  or  school
26        district  to  transport  students  to or from school or a
27        school related activity, regardless of the time of day or
28        time of year at which that  the  offense  was  committed,
29        commits  a  Class  1  felony.   Any person convicted of a
30        second  or  subsequent  violation  of  unlawful  sale  of
31        firearms in violation of paragraph (a), (b),  or  (i)  of
32        subsection  (A)  in  any  school,  on  the  real property
33        comprising a  school,  within  1,000  feet  of  the  real
34        property   comprising  a  school,  at  a  school  related
 
                            -90-           LRB9103243EGfgam02
 1        activity, or on or within 1,000 feet  of  any  conveyance
 2        owned,  leased,  or  contracted  by  a  school  or school
 3        district to transport students to or  from  school  or  a
 4        school related activity, regardless of the time of day or
 5        time  of  year  at  which that the offense was committed,
 6        commits a Class 1 felony for which the sentence shall  be
 7        a  term  of  imprisonment  of no less than 5 years and no
 8        more than 15 years.
 9             (5)  Any  person  convicted  of  unlawful  sale   of
10        firearms   in  violation  of  paragraph  (a)  or  (i)  of
11        subsection (A) in residential property  owned,  operated,
12        or  managed by a public housing agency, in a public park,
13        in a courthouse, on residential property owned, operated,
14        or managed by  a  public  housing  agency,  on  the  real
15        property comprising any public park, on the real property
16        comprising  any  courthouse,  or on any public way within
17        1,000 feet of the real  property  comprising  any  public
18        park,   courthouse,   or   residential   property  owned,
19        operated, or managed by a public housing agency commits a
20        Class 2 felony.
21        (D) (6)  For purposes of this Section:
22        "School"  means  a  public  or  private   elementary   or
23    secondary school, community college, college, or university.
24        "School  related  activity"  means  any sporting, social,
25    academic, or other activity for which students' attendance or
26    participation is sponsored, organized, or funded in whole  or
27    in part by a school or school district.
28    (Source: P.A. 91-12, eff. 1-1-00; revised 8-18-99.)

29        (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
30        Sec. 24-3.1.  Unlawful possession of firearms and firearm
31    ammunition.
32        (a)  A  person commits the offense of unlawful possession
33    of firearms or firearm ammunition when:
 
                            -91-           LRB9103243EGfgam02
 1             (1)  He is under 18 years of  age  and  has  in  his
 2        possession  any  firearm of a size which may be concealed
 3        upon the person; or
 4             (2)  He is under 21 years of age, has been convicted
 5        of a misdemeanor other than a traffic offense or adjudged
 6        delinquent and has any firearms or firearm ammunition  in
 7        his possession; or
 8             (3)  He is a narcotic addict and has any firearms or
 9        firearm ammunition in his possession; or
10             (4)  He  has  been  a  patient  in a mental hospital
11        within the past 5 years and has any firearms  or  firearm
12        ammunition in his possession; or
13             (5)  He is mentally retarded and has any firearms or
14        firearm ammunition in his possession; or
15             (6)  He has in his possession any explosive bullet.
16        For  purposes  of this paragraph "explosive bullet" means
17    the projectile  portion  of  an  ammunition  cartridge  which
18    contains  or  carries  an explosive charge which will explode
19    upon contact  with  the  flesh  of  a  human  or  an  animal.
20    "Cartridge"  means  a  tubular metal case having a projectile
21    affixed at the front thereof and a cap or primer at the  rear
22    end  thereof,  with  the  propellant  contained  in such tube
23    between the projectile and the cap; or
24        (b)  Sentence.
25        Unlawful possession of firearms, other than handguns, and
26    firearm  ammunition  is  a  Class  A  misdemeanor.   Unlawful
27    possession of handguns is a Class 4 felony.
28    (Source: P.A. 88-680, eff. 1-1-95.)

29        (720 ILCS 5/33A-1) (from Ch. 38, par. 33A-1)
30        Sec. 33A-1. Legislative intent and definitions.
31        (a)  Legislative  findings.  The  legislature  finds  and
32    declares the following:
33             (1)  The use of a dangerous weapon in the commission
 
                            -92-           LRB9103243EGfgam02
 1        of a felony offense poses a much greater  threat  to  the
 2        public  health,  safety, and general welfare, than when a
 3        weapon is not used in the commission of the offense.
 4             (2)  Further,  the  use   of   a   firearm   greatly
 5        facilitates  the commission of a criminal offense because
 6        of the more lethal nature of a firearm  and  the  greater
 7        perceived threat produced in those confronted by a person
 8        wielding  a  firearm. Unlike other dangerous weapons such
 9        as knives  and  clubs,  the  use  of  a  firearm  in  the
10        commission  of  a  criminal  felony offense significantly
11        escalates the threat and the potential for  bodily  harm,
12        and  the  greater  range  of  the  firearm  increases the
13        potential for harm to more  persons.  Not  only  are  the
14        victims  and bystanders at greater risk when a firearm is
15        used, but also the law  enforcement officers  whose  duty
16        is to confront and apprehend the armed suspect.
17             (3)  Current law does contain offenses involving the
18        use  or  discharge  of  a gun toward or against a person,
19        such as aggravated battery  with  a  firearm,  aggravated
20        discharge  of  a  firearm,  and  reckless  discharge of a
21        firearm; however, the  General  Assembly  has  legislated
22        greater penalties for the commission of a felony while in
23        possession  of  a  firearm  because it deems such acts as
24        more serious.
25        (b)  Legislative intent.
26             (1)  In order to deter the use of  firearms  in  the
27        commission  of  a  felony  offense,  the General Assembly
28        deems it appropriate for a greater penalty to be  imposed
29        when a firearm is used or discharged in the commission of
30        an offense than the penalty imposed for using other types
31        of  weapons  and  for  the  penalty  to  increase on more
32        serious offenses.
33             (2)  With the additional elements of  the  discharge
34        of a firearm and great bodily harm inflicted by a firearm
 
                            -93-           LRB9103243EGfgam02
 1        being  added  to  armed violence and other serious felony
 2        offenses, it is the intent of  the  General  Assembly  to
 3        punish  those elements more severely during commission of
 4        a felony offense than when those elements stand alone  as
 5        the act of the offender.
 6             (3)  It  is  the intent of the 91st General Assembly
 7        that   should   Public    Act    88-680    be    declared
 8        unconstitutional  for a violation of Article 4, Section 8
 9        of the 1970 Constitution of the State  of  Illinois,  the
10        amendatory  changes  made by Public Act 88-680 to Article
11        33A of the Criminal Code of 1961 and which are set  forth
12        as  law  in  this  amendatory  Act  of  the  91st General
13        Assembly are hereby reenacted by this amendatory  Act  of
14        the 91st General Assembly.
15        (c)  Definitions.
16             (1)  "Armed  with  a  dangerous weapon". A person is
17        considered armed with a dangerous weapon for purposes  of
18        this  Article,  when he or she carries on or about his or
19        her person or is  otherwise  armed  with  a  Category  I,
20        Category II, or Category III weapon.
21             (2)  A  Category  I  weapon  is a handgun, sawed-off
22        shotgun, sawed-off rifle, any other firearm small  enough
23        to  be  concealed upon the person, semiautomatic firearm,
24        or machine gun.  A Category II weapon is any other rifle,
25        shotgun, spring gun, other firearm, stun gun or taser  as
26        defined  in  paragraph  (a) of Section 24-1 of this Code,
27        knife with a blade  of  at  least  3  inches  in  length,
28        dagger,  dirk, switchblade knife, stiletto, axe, hatchet,
29        or other deadly or dangerous weapon or instrument of like
30        character.  As used in this subsection (b) "semiautomatic
31        firearm"  means  a  repeating  firearm  that  utilizes  a
32        portion of the energy of a firing  cartridge  to  extract
33        the  fired  cartridge case and chamber the next round and
34        that requires a separate pull of the trigger to fire each
 
                            -94-           LRB9103243EGfgam02
 1        cartridge.
 2             (3)  A  Category   III   weapon   is   a   bludgeon,
 3        black-jack,   slungshot,   sand-bag,   sand-club,   metal
 4        knuckles,  billy,  or  other  dangerous  weapon  of  like
 5        character.
 6    (Source: P.A. 91-404, eff. 1-1-00.)

 7        (720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
 8        Sec. 33A-3. Sentence.
 9        (a)  Violation  of  Section  33A-2(a)  with  a Category I
10    weapon is a Class X felony for which the defendant  shall  be
11    sentenced to a minimum term of imprisonment of 15 years.
12        (a-5)  Violation  of  Section 33A-2(a) with a Category II
13    weapon is a Class X felony for which the defendant  shall  be
14    sentenced to a minimum term of imprisonment of 10 years.
15        (b)  Violation  of  Section  33A-2(a) with a Category III
16    weapon is a Class  2  felony  or  the  felony  classification
17    provided  for  the  same act while unarmed, whichever permits
18    the greater penalty.   A second or  subsequent  violation  of
19    Section  33A-2(a)  with  a  Category  III weapon is a Class 1
20    felony or the felony classification provided for the same act
21    while unarmed, whichever permits the greater penalty.
22        (b-5)  Violation of Section 33A-2(b) with a firearm  that
23    is a Category I or Category II weapon is a Class X felony for
24    which  the  defendant shall be sentenced to a minimum term of
25    imprisonment of 20 years.
26        (b-10)  Violation of Section 33A-2(c) with a firearm that
27    is a Category I or Category II weapon is a Class X felony for
28    which  the  defendant  shall  be  sentenced  to  a  term   of
29    imprisonment  of  not  less  than  25  years nor more than 40
30    years.
31        (c)  Unless sentencing under Section 33B-1 is applicable,
32    any person who violates subsection  (a)  or  (b)  of  Section
33    33A-2  with a firearm, when that person has been convicted in
 
                            -95-           LRB9103243EGfgam02
 1    any state or federal court of 3  or  more  of  the  following
 2    offenses: treason, first degree murder, second degree murder,
 3    predatory  criminal  sexual  assault  of  a child, aggravated
 4    criminal sexual assault, criminal  sexual  assault,  robbery,
 5    burglary,  arson,  kidnaping, aggravated battery resulting in
 6    great bodily harm or permanent disability  or  disfigurement,
 7    or  a  violation of Section 401(a) of the Illinois Controlled
 8    Substances Act, when the third offense  was  committed  after
 9    conviction  on  the  second, the second offense was committed
10    after conviction on the first, and the violation  of  Section
11    33A-2  was  committed after conviction on the third, shall be
12    sentenced to a term of imprisonment of not less than 25 years
13    nor more than 50 years.
14        (c-5)  Except as otherwise provided in  paragraph  (b-10)
15    or  (c)  of  this  Section,  a  person  who  violates Section
16    33A-2(a) with a firearm  that  is  a  Category  I  weapon  or
17    Section  33A-2(b)  in  any  school,  in any conveyance owned,
18    leased, or contracted by a school to transport students to or
19    from school or a school related  activity,  or  on  the  real
20    property  comprising any school or public park, and where the
21    offense was related to the activities of an  organized  gang,
22    shall be sentenced to a term of imprisonment of not less than
23    the  term  set  forth  in  subsection  (a)  or  (b-5) of this
24    Section, whichever is applicable, and not more than 30 years.
25    For the purposes of this subsection (c-5),  "organized  gang"
26    has  the meaning ascribed to it in Section 10 of the Illinois
27    Streetgang Terrorism Omnibus Prevention Act.
28        (d)  For armed violence based upon  a  predicate  offense
29    listed  in  this  subsection  (d)  the  court shall enter the
30    sentence for armed  violence  to  run  consecutively  to  the
31    sentence  imposed  for  the  predicate  offense. The offenses
32    covered by this provision are:
33             (i)  solicitation of murder,
34             (ii)  solicitation of murder for hire,
 
                            -96-           LRB9103243EGfgam02
 1             (iii)  heinous battery,
 2             (iv)  aggravated battery of a senior citizen,
 3             (v)  criminal sexual assault,
 4             (vi)  a violation of subsection (g) of  Section 5 of
 5        the Cannabis Control Act,
 6             (vii)  cannabis trafficking,
 7             (viii)  a violation of subsection (a) of Section 401
 8        of the Illinois Controlled Substances Act,
 9             (ix)  controlled substance trafficking  involving  a
10        Class  X  felony  amount  of  controlled  substance under
11        Section 401 of the Illinois Controlled Substances Act,
12             (x)  calculated criminal drug conspiracy, or
13             (xi)  streetgang criminal drug conspiracy.
14    (Source: P.A. 91-404, eff. 1-1-00.)

15        (720 ILCS 5/33F-1) (from Ch. 38, par. 33F-1)
16        Sec. 33F-1.  Definitions.  For purposes of this Article:
17        (a)  "Body Armor" means any one of the following:
18             (1)  A military style flak or tactical assault  vest
19        which  is made of Kevlar or any other similar material or
20        metal, fiberglass, plastic, and nylon plates and designed
21        to be worn over one's clothing for the  intended  purpose
22        of  stopping  not  only missile fragmentation from mines,
23        grenades, mortar shells and artillery fire but also  fire
24        from rifles, machine guns, and small arms.
25             (2)  Soft  body armor which is made of Kevlar or any
26        other similar material or metal  or  any  other  type  of
27        insert and which is lightweight and pliable and which can
28        be easily concealed under a shirt.
29             (3)  A  military style recon/surveillance vest which
30        is made of Kevlar or any other similar material and which
31        is  lightweight  and  designed  to  be  worn  over  one's
32        clothing.
33             (4)  Protective casual clothing  which  is  made  of
 
                            -97-           LRB9103243EGfgam02
 1        Kevlar  or  any  other  similar  material  and  which was
 2        originally  intended  to  be  used  by   undercover   law
 3        enforcement  officers  or  dignitaries and is designed to
 4        look like jackets, coats,  raincoats,  quilted  or  three
 5        piece suit vests.
 6        (b)  "Dangerous  weapon" means a Category I, Category II,
 7    or Category III weapon as defined in Section  33A-1  of  this
 8    Code.
 9    (Source: P.A. 87-521; 88-680, eff. 1-1-95.)

10        Section  50-10.  The Wrongs to Children Act is amended by
11    re-enacting Section 5.1 as follows:

12        (720 ILCS 150/5.1) (from Ch. 23, par. 2355.1)
13        Sec. 5.1.  A. A parent, step-parent, legal  guardian,  or
14    other  person  having custody of a child who knowingly allows
15    or permits an act of criminal sexual abuse or criminal sexual
16    assault as defined in Section 12-13, 12-14, 12-14.1, 12-15 or
17    12-16 of the Criminal Code of 1961, upon his or her child, or
18    knowingly permits, induces, promotes,  or  arranges  for  the
19    child  to  engage in prostitution as defined in Section 11-14
20    of the Criminal Code of 1961, and fails  to  take  reasonable
21    steps to prevent its commission or future occurrences of such
22    acts  commits the offense of permitting the sexual abuse of a
23    child.  For purposes of this Section, "child" means  a  minor
24    under the age of 17 years.
25        B.  Any  person  convicted of permitting the sexual abuse
26    of a child is guilty of a Class 1 felony.
27    (Source: P.A. 88-680, eff.  1-1-95;  89-428,  eff.  12-13-95;
28    89-462, eff. 5-29-96.)

29        Section  50-15.   The  Unified  Code  of  Corrections  is
30    amended by re-enacting Section 5-5-3 as follows:
 
                            -98-           LRB9103243EGfgam02
 1        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
 2        Sec. 5-5-3.  Disposition.
 3        (a)  Every  person  convicted  of  an  offense  shall  be
 4    sentenced as provided in this Section.
 5        (b)  The   following   options   shall   be   appropriate
 6    dispositions,  alone  or in combination, for all felonies and
 7    misdemeanors other than those identified in subsection (c) of
 8    this Section:
 9             (1)  A period of probation.
10             (2)  A term of periodic imprisonment.
11             (3)  A term of conditional discharge.
12             (4)  A term of imprisonment.
13             (5)  An order directing the offender to clean up and
14        repair the damage, if the offender  was  convicted  under
15        paragraph  (h)  of  Section  21-1 of the Criminal Code of
16        1961.
17             (6)  A fine.
18             (7)  An  order  directing  the  offender   to   make
19        restitution  to  the  victim  under Section 5-5-6 of this
20        Code.
21             (8)  A sentence of participation in a county  impact
22        incarceration program under Section 5-8-1.2 of this Code.
23        Whenever  an individual is sentenced for an offense based
24    upon an arrest for a  violation  of  Section  11-501  of  the
25    Illinois  Vehicle  Code,  or  a  similar provision of a local
26    ordinance,  and  the   professional   evaluation   recommends
27    remedial  or  rehabilitative  treatment or education, neither
28    the treatment nor the education shall be the sole disposition
29    and either or both may be imposed only  in  conjunction  with
30    another  disposition. The court shall monitor compliance with
31    any remedial education or treatment recommendations contained
32    in the professional evaluation.  Programs conducting  alcohol
33    or  other  drug  evaluation  or  remedial  education  must be
34    licensed by the Department of Human  Services.   However,  if
 
                            -99-           LRB9103243EGfgam02
 1    the  individual  is not a resident of Illinois, the court may
 2    accept an  alcohol  or  other  drug  evaluation  or  remedial
 3    education   program   in   the  state  of  such  individual's
 4    residence.  Programs providing  treatment  must  be  licensed
 5    under  existing  applicable  alcoholism  and  drug  treatment
 6    licensure standards.
 7        In addition to any other fine or penalty required by law,
 8    any  individual convicted of a violation of Section 11-501 of
 9    the Illinois Vehicle Code or a  similar  provision  of  local
10    ordinance,  whose  operation  of  a  motor  vehicle  while in
11    violation of Section 11-501  or  such  ordinance  proximately
12    caused  an  incident  resulting  in  an appropriate emergency
13    response, shall be required to make restitution to  a  public
14    agency  for  the  costs  of  that  emergency  response.  Such
15    restitution shall not exceed $500 per public agency for  each
16    such  emergency response.  For the purpose of this paragraph,
17    emergency  response  shall  mean  any  incident  requiring  a
18    response by: a police officer as defined under Section  1-162
19    of  the Illinois Vehicle Code; a fireman carried on the rolls
20    of a regularly constituted fire department; and an  ambulance
21    as  defined  under  Section  4.05  of  the  Emergency Medical
22    Services (EMS) Systems Act.
23        Neither  a  fine  nor  restitution  shall  be  the   sole
24    disposition  for  a  felony and either or both may be imposed
25    only in conjunction with another disposition.
26        (c) (1)  When a defendant is found guilty of first degree
27        murder  the  State  may  either  seek   a   sentence   of
28        imprisonment  under  Section 5-8-1 of this Code, or where
29        appropriate seek a sentence of death under Section 9-1 of
30        the Criminal Code of 1961.
31             (2)  A period  of  probation,  a  term  of  periodic
32        imprisonment   or  conditional  discharge  shall  not  be
33        imposed for  the  following  offenses.  The  court  shall
34        sentence  the  offender to not less than the minimum term
 
                            -100-          LRB9103243EGfgam02
 1        of imprisonment set forth in this Code for the  following
 2        offenses,  and may order a fine or restitution or both in
 3        conjunction with such term of imprisonment:
 4                  (A)  First  degree  murder  where   the   death
 5             penalty is not imposed.
 6                  (B)  Attempted first degree murder.
 7                  (C)  A Class X felony.
 8                  (D)  A violation of Section 401.1 or 407 of the
 9             Illinois  Controlled  Substances Act, or a violation
10             of subdivision (c)(2) of Section  401  of  that  Act
11             which  relates  to  more than 5 grams of a substance
12             containing cocaine or an analog thereof.
13                  (E)  A violation of Section 5.1  or  9  of  the
14             Cannabis Control Act.
15                  (F)  A   Class  2  or  greater  felony  if  the
16             offender had been convicted of a Class 2 or  greater
17             felony  within  10  years  of  the  date on which he
18             committed  the  offense  for  which  he   is   being
19             sentenced.
20                  (G)  Residential burglary.
21                  (H)  Criminal   sexual   assault,   except   as
22             otherwise   provided   in  subsection  (e)  of  this
23             Section.
24                  (I)  Aggravated battery of a senior citizen.
25                  (J)  A  forcible  felony  if  the  offense  was
26             related to the activities of an organized gang.
27                  Before July 1, 1994, for the purposes  of  this
28             paragraph,  "organized gang" means an association of
29             5 or more persons, with  an  established  hierarchy,
30             that   encourages  members  of  the  association  to
31             perpetrate crimes or provides support to the members
32             of the association who do commit crimes.
33                  Beginning July 1, 1994,  for  the  purposes  of
34             this  paragraph,  "organized  gang"  has the meaning
 
                            -101-          LRB9103243EGfgam02
 1             ascribed  to  it  in  Section  10  of  the  Illinois
 2             Streetgang Terrorism Omnibus Prevention Act.
 3                  (K)  Vehicular hijacking.
 4                  (L)  A second or subsequent conviction for  the
 5             offense  of  hate  crime when the underlying offense
 6             upon  which  the  hate  crime  is  based  is  felony
 7             aggravated assault or felony mob action.
 8                  (M)  A second or subsequent conviction for  the
 9             offense  of institutional vandalism if the damage to
10             the property exceeds $300.
11                  (N)  A Class 3 felony  violation  of  paragraph
12             (1)  of  subsection  (a) of Section 2 of the Firearm
13             Owners Identification Card Act.
14                  (O)  A  violation  of  Section  12-6.1  of  the
15             Criminal Code of 1961.
16                  (P)  A violation of paragraph  (1),  (2),  (3),
17             (4),  (5),  or  (7)  of  subsection  (a)  of Section
18             11-20.1 of the Criminal Code of 1961.
19                  (Q)  A  violation  of  Section  20-1.2  of  the
20             Criminal Code of 1961.
21                  (R)  A  violation  of  Section  24-3A  of   the
22             Criminal Code of 1961.
23             (3)  A minimum term of imprisonment of not less than
24        48 consecutive hours or 100 hours of community service as
25        may  be  determined  by  the court shall be imposed for a
26        second or subsequent violation committed within  5  years
27        of a previous violation of Section 11-501 of the Illinois
28        Vehicle Code or a similar provision of a local ordinance.
29             (4)  A minimum term of imprisonment of not less than
30        7  consecutive days or 30 days of community service shall
31        be imposed for a violation of paragraph  (c)  of  Section
32        6-303 of the Illinois Vehicle Code.
33             (4.1)  A  minimum  term  of  30  consecutive days of
34        imprisonment, 40 days of 24 hour periodic imprisonment or
 
                            -102-          LRB9103243EGfgam02
 1        720 hours of community service, as may be  determined  by
 2        the  court,  shall  be imposed for a violation of Section
 3        11-501 of the Illinois Vehicle Code during  a  period  in
 4        which  the  defendant's driving privileges are revoked or
 5        suspended, where the revocation or suspension was  for  a
 6        violation  of  Section 11-501 or Section 11-501.1 of that
 7        Code.
 8             (5)  The court may sentence an offender convicted of
 9        a business offense or a petty offense or a corporation or
10        unincorporated association convicted of any offense to:
11                  (A)  a period of conditional discharge;
12                  (B)  a fine;
13                  (C)  make  restitution  to  the  victim   under
14             Section 5-5-6 of this Code.
15             (6)  In  no case shall an offender be eligible for a
16        disposition of probation or conditional discharge  for  a
17        Class  1  felony committed while he was serving a term of
18        probation or conditional discharge for a felony.
19             (7)  When  a  defendant  is  adjudged   a   habitual
20        criminal  under Article 33B of the Criminal Code of 1961,
21        the court shall sentence  the  defendant  to  a  term  of
22        natural life imprisonment.
23             (8)  When  a defendant, over the age of 21 years, is
24        convicted of a Class 1 or Class 2  felony,  after  having
25        twice  been  convicted  of  any  Class 2 or greater Class
26        felonies in Illinois, and  such  charges  are  separately
27        brought  and  tried  and arise out of different series of
28        acts, such defendant shall be  sentenced  as  a  Class  X
29        offender.  This  paragraph shall not apply unless (1) the
30        first felony was committed after the  effective  date  of
31        this  amendatory  Act  of 1977; and (2) the second felony
32        was committed after conviction on the first; and (3)  the
33        third  felony  was  committed  after  conviction  on  the
34        second.
 
                            -103-          LRB9103243EGfgam02
 1             (9)  A defendant convicted of a second or subsequent
 2        offense  of  ritualized abuse of a child may be sentenced
 3        to a term of natural life imprisonment.
 4        (d)  In any case in which a sentence  originally  imposed
 5    is  vacated,  the  case shall be remanded to the trial court.
 6    The trial court shall hold a hearing under Section  5-4-1  of
 7    the Unified Code of Corrections which may include evidence of
 8    the  defendant's  life, moral character and occupation during
 9    the time since the original sentence was passed.   The  trial
10    court  shall  then  impose  sentence upon the defendant.  The
11    trial court may impose any sentence  which  could  have  been
12    imposed at the original trial subject to Section 5-5-4 of the
13    Unified Code of Corrections.
14        (e)  In  cases  where  prosecution  for  criminal  sexual
15    assault  or  aggravated  criminal  sexual abuse under Section
16    12-13 or 12-16 of  the  Criminal  Code  of  1961  results  in
17    conviction  of  a  defendant  who  was a family member of the
18    victim at the time of the  commission  of  the  offense,  the
19    court shall consider the safety and welfare of the victim and
20    may impose a sentence of probation only where:
21             (1)  the   court  finds  (A)  or  (B)  or  both  are
22        appropriate:
23                  (A)  the defendant  is  willing  to  undergo  a
24             court  approved  counseling  program  for  a minimum
25             duration of 2 years; or
26                  (B)  the defendant is willing to participate in
27             a court approved plan including but not  limited  to
28             the defendant's:
29                       (i)  removal from the household;
30                       (ii)  restricted contact with the victim;
31                       (iii)  continued  financial support of the
32                  family;
33                       (iv)  restitution for  harm  done  to  the
34                  victim; and
 
                            -104-          LRB9103243EGfgam02
 1                       (v)  compliance  with  any  other measures
 2                  that the court may deem appropriate; and
 3             (2)  the court orders the defendant to pay  for  the
 4        victim's  counseling  services,  to  the  extent that the
 5        court finds, after considering the defendant's income and
 6        assets, that the  defendant  is  financially  capable  of
 7        paying  for  such  services,  if  the victim was under 18
 8        years of age at the time the offense  was  committed  and
 9        requires counseling as a result of the offense.
10        Probation  may be revoked or modified pursuant to Section
11    5-6-4; except where the court determines at the hearing  that
12    the  defendant  violated  a condition of his or her probation
13    restricting contact with the victim or other  family  members
14    or  commits  another  offense with the victim or other family
15    members, the court shall revoke the defendant's probation and
16    impose a term of imprisonment.
17        For the purposes of this  Section,  "family  member"  and
18    "victim"  shall have the meanings ascribed to them in Section
19    12-12 of the Criminal Code of 1961.
20        (f)  This Article shall not  deprive  a  court  in  other
21    proceedings  to order a forfeiture of property, to suspend or
22    cancel a license, to remove  a  person  from  office,  or  to
23    impose any other civil penalty.
24        (g)  Whenever  a  defendant  is  convicted  of an offense
25    under Sections 11-14, 11-15, 11-15.1,  11-16,  11-17,  11-18,
26    11-18.1,  11-19,  11-19.1,  11-19.2,  12-13,  12-14, 12-14.1,
27    12-15 or 12-16 of the Criminal Code of  1961,  the  defendant
28    shall  undergo  medical  testing  to  determine  whether  the
29    defendant has any sexually transmissible disease, including a
30    test for infection with human immunodeficiency virus (HIV) or
31    any    other   identified   causative   agent   of   acquired
32    immunodeficiency syndrome  (AIDS).   Any  such  medical  test
33    shall  be  performed  only  by appropriately licensed medical
34    practitioners and may  include  an  analysis  of  any  bodily
 
                            -105-          LRB9103243EGfgam02
 1    fluids  as  well as an examination of the defendant's person.
 2    Except as otherwise provided by law, the results of such test
 3    shall be kept strictly confidential by all medical  personnel
 4    involved in the testing and must be personally delivered in a
 5    sealed  envelope  to  the  judge  of  the  court in which the
 6    conviction was entered for the judge's inspection in  camera.
 7    Acting  in  accordance  with the best interests of the victim
 8    and the public,  the  judge  shall  have  the  discretion  to
 9    determine  to whom, if anyone, the results of the testing may
10    be revealed. The court shall notify the defendant of the test
11    results.  The court shall also notify the victim if requested
12    by the victim, and if the victim is under the age of  15  and
13    if  requested  by the victim's parents or legal guardian, the
14    court shall notify the victim's parents or legal guardian  of
15    the test results.  The court shall provide information on the
16    availability  of  HIV testing and counseling at Department of
17    Public Health facilities to all parties to whom  the  results
18    of  the  testing  are  revealed  and shall direct the State's
19    Attorney to  provide  the  information  to  the  victim  when
20    possible. A State's Attorney may petition the court to obtain
21    the  results of any HIV test administered under this Section,
22    and the court shall  grant  the  disclosure  if  the  State's
23    Attorney  shows it is relevant in order to prosecute a charge
24    of criminal transmission of HIV under Section 12-16.2 of  the
25    Criminal Code of 1961 against the defendant.  The court shall
26    order  that  the  cost  of any such test shall be paid by the
27    county and may  be  taxed  as  costs  against  the  convicted
28    defendant.
29        (g-5)  When   an   inmate   is  tested  for  an  airborne
30    communicable  disease,  as   determined   by   the   Illinois
31    Department  of  Public  Health  including  but not limited to
32    tuberculosis, the results of the  test  shall  be  personally
33    delivered  by  the  warden or his or her designee in a sealed
34    envelope to the judge of the court in which the  inmate  must
 
                            -106-          LRB9103243EGfgam02
 1    appear  for  the judge's inspection in camera if requested by
 2    the judge.  Acting in accordance with the best  interests  of
 3    those  in  the courtroom, the judge shall have the discretion
 4    to determine what if any precautions  need  to  be  taken  to
 5    prevent transmission of the disease in the courtroom.
 6        (h)  Whenever  a  defendant  is  convicted  of an offense
 7    under Section 1 or 2 of the Hypodermic Syringes  and  Needles
 8    Act, the defendant shall undergo medical testing to determine
 9    whether   the   defendant   has   been   exposed   to   human
10    immunodeficiency   virus   (HIV)   or  any  other  identified
11    causative agent of acquired immunodeficiency syndrome (AIDS).
12    Except as otherwise provided by law, the results of such test
13    shall be kept strictly confidential by all medical  personnel
14    involved in the testing and must be personally delivered in a
15    sealed  envelope  to  the  judge  of  the  court in which the
16    conviction was entered for the judge's inspection in  camera.
17    Acting  in  accordance with the best interests of the public,
18    the judge shall have the discretion to determine to whom,  if
19    anyone, the results of the testing may be revealed. The court
20    shall  notify  the  defendant  of  a positive test showing an
21    infection with the human immunodeficiency  virus  (HIV).  The
22    court  shall  provide  information on the availability of HIV
23    testing  and  counseling  at  Department  of  Public   Health
24    facilities  to all parties to whom the results of the testing
25    are revealed and shall direct the State's Attorney to provide
26    the information  to  the  victim  when  possible.  A  State's
27    Attorney  may petition the court to obtain the results of any
28    HIV test administered under  this   Section,  and  the  court
29    shall  grant  the disclosure if the State's Attorney shows it
30    is relevant in  order  to  prosecute  a  charge  of  criminal
31    transmission  of  HIV  under  Section 12-16.2 of the Criminal
32    Code of 1961 against the defendant.  The  court  shall  order
33    that  the  cost  of any such test shall be paid by the county
34    and may be taxed as costs against the convicted defendant.
 
                            -107-          LRB9103243EGfgam02
 1        (i)  All fines and penalties imposed under  this  Section
 2    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
 3    Vehicle  Code,  or  a similar provision of a local ordinance,
 4    and any violation of the Child Passenger Protection Act, or a
 5    similar provision of a local ordinance,  shall  be  collected
 6    and  disbursed by the circuit clerk as provided under Section
 7    27.5 of the Clerks of Courts Act.
 8        (j)  In cases  when  prosecution  for  any  violation  of
 9    Section  11-6,  11-8,  11-9,  11-11,  11-14,  11-15, 11-15.1,
10    11-16,  11-17,  11-17.1,  11-18,  11-18.1,  11-19,   11-19.1,
11    11-19.2,  11-20.1,  11-21,  12-13,  12-14, 12-14.1, 12-15, or
12    12-16 of the Criminal Code of  1961,  any  violation  of  the
13    Illinois  Controlled  Substances Act, or any violation of the
14    Cannabis Control Act results in conviction, a disposition  of
15    court  supervision,  or  an  order of probation granted under
16    Section 10 of the Cannabis Control Act or Section 410 of  the
17    Illinois  Controlled  Substance Act of a defendant, the court
18    shall determine  whether  the  defendant  is  employed  by  a
19    facility  or  center  as  defined under the Child Care Act of
20    1969, a public or private elementary or secondary school,  or
21    otherwise  works  with  children  under  18 years of age on a
22    daily basis.  When a defendant  is  so  employed,  the  court
23    shall  order  the  Clerk  of  the Court to send a copy of the
24    judgment of conviction or order of supervision  or  probation
25    to  the  defendant's  employer  by  certified  mail.  If  the
26    employer of the defendant is a school, the Clerk of the Court
27    shall  direct  the  mailing  of  a  copy  of  the judgment of
28    conviction or  order  of  supervision  or  probation  to  the
29    appropriate regional superintendent of schools.  The regional
30    superintendent  of  schools  shall  notify the State Board of
31    Education of any notification under this subsection.
32        (j-5)  A defendant at  least  17  years  of  age  who  is
33    convicted  of  a  felony  and  who  has  not  been previously
34    convicted of a misdemeanor or felony and who is sentenced  to
 
                            -108-          LRB9103243EGfgam02
 1    a   term  of  imprisonment  in  the  Illinois  Department  of
 2    Corrections shall as a condition of his or  her  sentence  be
 3    required  by the court to attend educational courses designed
 4    to prepare the defendant for a high  school  diploma  and  to
 5    work  toward  a high school diploma or to work toward passing
 6    the high school level Test of General Educational Development
 7    (GED) or to work  toward  completing  a  vocational  training
 8    program  offered  by  the  Department  of  Corrections.  If a
 9    defendant fails to complete the educational training required
10    by his or her sentence during the term of incarceration,  the
11    Prisoner  Review  Board  shall,  as  a condition of mandatory
12    supervised release, require the defendant, at his or her  own
13    expense,  to  pursue  a  course of study toward a high school
14    diploma or passage of the  GED  test.   The  Prisoner  Review
15    Board  shall  revoke  the  mandatory  supervised release of a
16    defendant who wilfully fails to comply with  this  subsection
17    (j-5)  upon  his  or  her release from confinement in a penal
18    institution while  serving  a  mandatory  supervised  release
19    term;  however, the inability of the defendant after making a
20    good faith effort to obtain financial  aid  or  pay  for  the
21    educational  training shall not be deemed a wilful failure to
22    comply.   The  Prisoner  Review  Board  shall  recommit   the
23    defendant  whose  mandatory  supervised release term has been
24    revoked under this subsection (j-5) as  provided  in  Section
25    3-3-9.   This  subsection (j-5) does not apply to a defendant
26    who has a high school diploma or has successfully passed  the
27    GED test. This subsection (j-5) does not apply to a defendant
28    who is determined by the court to be developmentally disabled
29    or otherwise mentally incapable of completing the educational
30    or vocational program.
31        (k)  A court may not impose a sentence or disposition for
32    a  felony  or  misdemeanor  that requires the defendant to be
33    implanted or injected with  or  to  use  any  form  of  birth
34    control.
 
                            -109-          LRB9103243EGfgam02
 1        (l) (A)  Except   as   provided   in   paragraph  (C)  of
 2        subsection (l), whenever a defendant, who is an alien  as
 3        defined  by  the  Immigration  and  Nationality  Act,  is
 4        convicted of any felony or misdemeanor offense, the court
 5        after  sentencing  the  defendant may, upon motion of the
 6        State's Attorney, hold sentence in  abeyance  and  remand
 7        the  defendant  to the custody of the Attorney General of
 8        the United States or his or her designated  agent  to  be
 9        deported when:
10                  (1)  a  final  order  of  deportation  has been
11             issued against the defendant pursuant to proceedings
12             under the Immigration and Nationality Act, and
13                  (2)  the deportation of the defendant would not
14             deprecate the seriousness of the defendant's conduct
15             and would not  be  inconsistent  with  the  ends  of
16             justice.
17             Otherwise,  the  defendant  shall  be  sentenced  as
18        provided in this Chapter V.
19             (B)  If the defendant has already been sentenced for
20        a  felony  or  misdemeanor offense, or has been placed on
21        probation under Section 10 of the Cannabis Control Act or
22        Section 410 of the Illinois  Controlled  Substances  Act,
23        the  court  may,  upon  motion of the State's Attorney to
24        suspend the sentence imposed, commit the defendant to the
25        custody of the Attorney General of the United  States  or
26        his or her designated agent when:
27                  (1)  a  final  order  of  deportation  has been
28             issued against the defendant pursuant to proceedings
29             under the Immigration and Nationality Act, and
30                  (2)  the deportation of the defendant would not
31             deprecate the seriousness of the defendant's conduct
32             and would not  be  inconsistent  with  the  ends  of
33             justice.
34             (C)  This subsection (l) does not apply to offenders
 
                            -110-          LRB9103243EGfgam02
 1        who  are  subject  to  the provisions of paragraph (2) of
 2        subsection (a) of Section 3-6-3.
 3             (D)  Upon motion  of  the  State's  Attorney,  if  a
 4        defendant  sentenced  under  this  Section returns to the
 5        jurisdiction of the United States, the defendant shall be
 6        recommitted to the custody of the county from which he or
 7        she was sentenced. Thereafter,  the  defendant  shall  be
 8        brought before the sentencing court, which may impose any
 9        sentence  that  was  available under Section 5-5-3 at the
10        time of initial sentencing.  In addition,  the  defendant
11        shall  not be eligible for additional good conduct credit
12        for meritorious service as provided under Section 3-6-6.
13        (m)  A  person  convicted  of  criminal   defacement   of
14    property  under  Section 21-1.3 of the Criminal Code of 1961,
15    in which the property damage exceeds $300  and  the  property
16    damaged  is  a  school  building, shall be ordered to perform
17    community service  that  may  include  cleanup,  removal,  or
18    painting over the defacement.
19    (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
20    eff.  1-1-99;  90-685,  eff.  1-1-99;  90-787,  eff. 8-14-98;
21    91-357, eff. 7-29-99; 91-404, eff. 1-1-00.)

22                             ARTICLE 900

23        Section 95.  No acceleration or delay.   Where  this  Act
24    makes changes in a statute that is represented in this Act by
25    text  that  is not yet or no longer in effect (for example, a
26    Section represented by multiple versions), the  use  of  that
27    text  does  not  accelerate or delay the taking effect of (i)
28    the changes made by this Act or (ii) provisions derived  from
29    any other Public Act.

30                             ARTICLE 990
 
                            -111-          LRB9103243EGfgam02
 1        Section 990-1.  Severability.  The provisions of this Act
 2    are severable under Section 1.31 of the Statute on Statutes.

 3                             ARTICLE 999

 4        Section  999-1.  Effective  date.   This Act takes effect
 5    upon becoming law.".

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