State of Illinois
91st General Assembly
Legislation

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91_SB1365enr

 
SB1365 Enrolled                                LRB9111410RCpk

 1        AN ACT to re-enact certain criminal provisions of  Public
 2    Act 88-680.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

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

29                          ARTICLE 15. GANGS

30        Section  15-5.   The  Criminal Code of 1961 is amended by
31    re-enacting Sections 12-6, 32-4, and 32-4a as follows:
 
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 1        (720 ILCS 5/12-6) (from Ch. 38, par. 12-6)
 2        Sec. 12-6. Intimidation.
 3        (a)  A person commits intimidation when, with  intent  to
 4    cause  another  to  perform or to omit the performance of any
 5    act, he  communicates  to  another,  whether  in  person,  by
 6    telephone  or  by  mail,  a  threat to perform without lawful
 7    authority any of the following acts:
 8             (1)  Inflict physical harm on the person  threatened
 9    or any other person or on property; or
10             (2)  Subject  any  person to physical confinement or
11    restraint; or
12             (3)  Commit any criminal offense; or
13             (4)  Accuse any person of an offense; or
14             (5)  Expose  any  person  to  hatred,  contempt   or
15    ridicule; or
16             (6)  Take action as a public official against anyone
17    or  anything,  or  withhold  official  action,  or cause such
18    action or withholding; or
19             (7)  Bring about or continue a  strike,  boycott  or
20    other collective action.
21        (b)  Sentence.
22        Intimidation  is  a  Class 3 felony for which an offender
23    may be sentenced to a term of imprisonment of not less than 2
24    years and not more than 10 years.
25    (Source: P.A. 88-680, eff. 1-1-95.)

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

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

16        Section  15-15.   The  Unified  Code  of  Corrections  is
17    amended by re-enacting Sections 5-5-3.2, 5-6-3,  and  5-6-3.1
18    as follows:

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

22        (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
23        Sec.  5-6-3.  Conditions  of Probation and of Conditional
24    Discharge.
25        (a)  The  conditions  of  probation  and  of  conditional
26    discharge shall be that the person:
27             (1)  not  violate  any  criminal  statute   of   any
28        jurisdiction;
29             (2)  report  to  or  appear  in  person  before such
30        person or agency as directed by the court;
31             (3)  refrain from  possessing  a  firearm  or  other
32        dangerous weapon;
33             (4)  not  leave the State without the consent of the
 
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 1        court or, in circumstances in which the  reason  for  the
 2        absence is of such an emergency nature that prior consent
 3        by   the   court  is  not  possible,  without  the  prior
 4        notification  and  approval  of  the  person's  probation
 5        officer;
 6             (5)  permit the probation officer to  visit  him  at
 7        his   home  or  elsewhere  to  the  extent  necessary  to
 8        discharge his duties;
 9             (6)  perform no less  than  30  hours  of  community
10        service and not more than 120 hours of community service,
11        if community service is available in the jurisdiction and
12        is  funded  and  approved  by  the county board where the
13        offense was committed, where the offense was  related  to
14        or  in  furtherance  of  the  criminal  activities  of an
15        organized  gang  and  was  motivated  by  the  offender's
16        membership in or allegiance to an  organized  gang.   The
17        community  service  shall include, but not be limited to,
18        the  cleanup  and  repair  of  any  damage  caused  by  a
19        violation of Section 21-1.3 of the Criminal Code of  1961
20        and   similar  damage  to  property  located  within  the
21        municipality or county in which the  violation  occurred.
22        When  possible  and  reasonable,  the  community  service
23        should  be performed in the offender's neighborhood.  For
24        purposes  of  this  Section,  "organized  gang"  has  the
25        meaning ascribed to it in  Section  10  of  the  Illinois
26        Streetgang Terrorism Omnibus Prevention Act;
27             (7)  if  he  or  she is at least 17 years of age and
28        has been sentenced to probation or conditional  discharge
29        for  a  misdemeanor or felony in a county of 3,000,000 or
30        more inhabitants and has not been previously convicted of
31        a  misdemeanor  or  felony,  may  be  required   by   the
32        sentencing  court  to attend educational courses designed
33        to prepare the defendant for a high school diploma and to
34        work toward a high  school  diploma  or  to  work  toward
 
SB1365 Enrolled             -14-               LRB9111410RCpk
 1        passing the high school level Test of General Educational
 2        Development   (GED)   or  to  work  toward  completing  a
 3        vocational training program approved by the  court.   The
 4        person  on probation or conditional discharge must attend
 5        a  public  institution  of  education   to   obtain   the
 6        educational  or  vocational  training  required  by  this
 7        clause  (7).   The  court  shall  revoke the probation or
 8        conditional discharge of a person who wilfully  fails  to
 9        comply  with this clause (7).  The person on probation or
10        conditional discharge shall be required to  pay  for  the
11        cost  of the educational courses or GED test, if a fee is
12        charged for those  courses  or  test.   The  court  shall
13        resentence  the  offender  whose probation or conditional
14        discharge has been revoked as provided in Section  5-6-4.
15        This clause (7) does not apply to a person who has a high
16        school  diploma  or has successfully passed the GED test.
17        This clause (7)  does  not  apply  to  a  person  who  is
18        determined by the court to be developmentally disabled or
19        otherwise    mentally   incapable   of   completing   the
20        educational or vocational program; and
21             (8)   if convicted  of  possession  of  a  substance
22        prohibited  by  the  Cannabis  Control  Act  or  Illinois
23        Controlled  Substances Act after a previous conviction or
24        disposition of supervision for possession of a  substance
25        prohibited  by  the  Cannabis  Control  Act  or  Illinois
26        Controlled   Substances   Act  or  after  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        upon a finding by the court that the person is  addicted,
30        undergo  treatment  at a substance abuse program approved
31        by the court.
32        (b)  The  Court  may  in  addition  to  other  reasonable
33    conditions relating to the  nature  of  the  offense  or  the
34    rehabilitation  of  the  defendant  as  determined  for  each
 
SB1365 Enrolled             -15-               LRB9111410RCpk
 1    defendant  in the proper discretion of the Court require that
 2    the person:
 3             (1)  serve a term  of  periodic  imprisonment  under
 4        Article  7  for  a period not to exceed that specified in
 5        paragraph (d) of Section 5-7-1;
 6             (2)  pay a fine and costs;
 7             (3)  work or pursue a course of study or  vocational
 8        training;
 9             (4)  undergo  medical,  psychological or psychiatric
10        treatment; or treatment for drug addiction or alcoholism;
11             (5)  attend or reside in a facility established  for
12        the instruction or residence of defendants on probation;
13             (6)  support his dependents;
14             (7)  and in addition, if a minor:
15                  (i)  reside  with  his  parents  or in a foster
16             home;
17                  (ii)  attend school;
18                  (iii)  attend  a  non-residential  program  for
19             youth;
20                  (iv)  contribute to his own support at home  or
21             in a foster home;
22             (8)  make  restitution  as provided in Section 5-5-6
23        of this Code;
24             (9)  perform some  reasonable  public  or  community
25        service;
26             (10)  serve a term of home confinement.  In addition
27        to   any  other  applicable  condition  of  probation  or
28        conditional discharge, the conditions of home confinement
29        shall be that the offender:
30                  (i)  remain within the interior premises of the
31             place designated  for  his  confinement  during  the
32             hours designated by the court;
33                  (ii)  admit  any  person or agent designated by
34             the court into the offender's place  of  confinement
 
SB1365 Enrolled             -16-               LRB9111410RCpk
 1             at any time for purposes of verifying the offender's
 2             compliance  with  the conditions of his confinement;
 3             and
 4                  (iii)  if further deemed necessary by the court
 5             or the Probation or Court  Services  Department,  be
 6             placed  on an approved electronic monitoring device,
 7             subject to Article 8A of Chapter V;
 8                  (iv)  for persons  convicted  of  any  alcohol,
 9             cannabis  or  controlled substance violation who are
10             placed  on  an  approved  monitoring  device  as   a
11             condition of probation or conditional discharge, the
12             court  shall impose a reasonable fee for each day of
13             the use of the device, as established by the  county
14             board  in  subsection  (g)  of  this Section, unless
15             after determining the inability of the  offender  to
16             pay  the  fee, the court assesses a lesser fee or no
17             fee as the case may be. This fee shall be imposed in
18             addition to the fees imposed under  subsections  (g)
19             and  (i) of this Section. The fee shall be collected
20             by the clerk of the circuit court.  The clerk of the
21             circuit court shall pay all  monies  collected  from
22             this  fee to the county treasurer for deposit in the
23             substance abuse services fund under Section 5-1086.1
24             of the Counties Code; and
25                  (v)  for persons convicted  of  offenses  other
26             than  those  referenced in clause (iv) above and who
27             are placed on an approved  monitoring  device  as  a
28             condition of probation or conditional discharge, the
29             court  shall impose a reasonable fee for each day of
30             the use of the device, as established by the  county
31             board  in  subsection  (g)  of  this Section, unless
32             after determining the inability of the defendant  to
33             pay  the  fee, the court assesses a lesser fee or no
34             fee as the case may be.  This fee shall  be  imposed
 
SB1365 Enrolled             -17-               LRB9111410RCpk
 1             in  addition  to  the fees imposed under subsections
 2             (g) and (i) of  this  Section.   The  fee  shall  be
 3             collected  by  the  clerk of the circuit court.  The
 4             clerk of the circuit  court  shall  pay  all  monies
 5             collected  from this fee to the county treasurer who
 6             shall use the monies collected to defray  the  costs
 7             of  corrections.  The county treasurer shall deposit
 8             the fee collected in the county  working  cash  fund
 9             under  Section  6-27001  or  Section  6-29002 of the
10             Counties Code, as the case may be.
11             (11)  comply with the terms  and  conditions  of  an
12        order  of  protection issued by the court pursuant to the
13        Illinois  Domestic  Violence  Act  of  1986,  as  now  or
14        hereafter amended. A copy  of  the  order  of  protection
15        shall  be  transmitted to the probation officer or agency
16        having responsibility for the case;
17             (12)  reimburse any "local  anti-crime  program"  as
18        defined  in  Section 7 of the Anti-Crime Advisory Council
19        Act for any reasonable expenses incurred by  the  program
20        on  the offender's case, not to exceed the maximum amount
21        of the fine authorized for  the  offense  for  which  the
22        defendant was sentenced;
23             (13)  contribute  a  reasonable sum of money, not to
24        exceed the maximum amount of the fine authorized for  the
25        offense  for  which  the  defendant  was  sentenced, to a
26        "local anti-crime program", as defined in  Section  7  of
27        the Anti-Crime Advisory Council Act;
28             (14)  refrain   from   entering  into  a  designated
29        geographic area except upon such terms as the court finds
30        appropriate. Such terms may include consideration of  the
31        purpose  of  the  entry,  the  time of day, other persons
32        accompanying the defendant, and  advance  approval  by  a
33        probation  officer,  if  the defendant has been placed on
34        probation or  advance  approval  by  the  court,  if  the
 
SB1365 Enrolled             -18-               LRB9111410RCpk
 1        defendant was placed on conditional discharge;
 2             (15)  refrain  from  having any contact, directly or
 3        indirectly, with certain specified persons or  particular
 4        types of persons, including but not limited to members of
 5        street gangs and drug users or dealers;
 6             (16)  refrain  from  having  in  his or her body the
 7        presence of any illicit drug prohibited by  the  Cannabis
 8        Control  Act  or  the Illinois Controlled Substances Act,
 9        unless prescribed by a physician, and submit  samples  of
10        his  or her blood or urine or both for tests to determine
11        the presence of any illicit drug.
12        (c)  The court may as a  condition  of  probation  or  of
13    conditional discharge require that a person under 18 years of
14    age  found  guilty  of  any  alcohol,  cannabis or controlled
15    substance  violation,  refrain  from  acquiring  a   driver's
16    license   during  the  period  of  probation  or  conditional
17    discharge.  If such person is in possession of  a  permit  or
18    license,  the  court  may require that the minor refrain from
19    driving or operating any motor vehicle during the  period  of
20    probation   or   conditional  discharge,  except  as  may  be
21    necessary in the course of the minor's lawful employment.
22        (d)  An offender sentenced to probation or to conditional
23    discharge shall be given  a  certificate  setting  forth  the
24    conditions thereof.
25        (e)  The  court  shall  not require as a condition of the
26    sentence of  probation  or  conditional  discharge  that  the
27    offender  be  committed to a period of imprisonment in excess
28    of 6 months.  This 6 month limit shall not include periods of
29    confinement given pursuant to a  sentence  of  county  impact
30    incarceration under Section 5-8-1.2.
31        Persons  committed  to  imprisonment  as  a  condition of
32    probation or conditional discharge shall not be committed  to
33    the Department of Corrections.
34        (f)  The   court  may  combine  a  sentence  of  periodic
 
SB1365 Enrolled             -19-               LRB9111410RCpk
 1    imprisonment under Article 7 or a sentence to a county impact
 2    incarceration program under Article  8  with  a  sentence  of
 3    probation or conditional discharge.
 4        (g)  An offender sentenced to probation or to conditional
 5    discharge  and  who  during  the  term  of  either  undergoes
 6    mandatory drug or alcohol testing, or both, or is assigned to
 7    be  placed on an approved electronic monitoring device, shall
 8    be ordered to pay all costs incidental to such mandatory drug
 9    or alcohol testing, or both, and all costs incidental to such
10    approved  electronic  monitoring  in  accordance   with   the
11    defendant's  ability  to  pay  those costs.  The county board
12    with the concurrence of  the  Chief  Judge  of  the  judicial
13    circuit  in  which  the  county  is  located  shall establish
14    reasonable fees for the cost  of  maintenance,  testing,  and
15    incidental  expenses related to the mandatory drug or alcohol
16    testing, or  both,  and  all  costs  incidental  to  approved
17    electronic  monitoring,  involved  in  a successful probation
18    program for the county.  The concurrence of the  Chief  Judge
19    shall  be  in  the  form of an administrative order. The fees
20    shall be collected by the clerk of the  circuit  court.   The
21    clerk  of  the  circuit  court shall pay all moneys collected
22    from these fees to the county treasurer  who  shall  use  the
23    moneys collected to defray the costs of drug testing, alcohol
24    testing,  and  electronic  monitoring.  The  county treasurer
25    shall deposit the fees collected in the county  working  cash
26    fund under Section 6-27001 or Section 6-29002 of the Counties
27    Code, as the case may be.
28        (h)  Jurisdiction  over  an  offender  may be transferred
29    from the sentencing court to the  court  of  another  circuit
30    with  the  concurrence  of  both  courts, or to another state
31    under  an  Interstate  Probation  Reciprocal   Agreement   as
32    provided in Section 3-3-11.  Further transfers or retransfers
33    of  jurisdiction are also authorized in the same manner.  The
34    court to which jurisdiction has been transferred  shall  have
 
SB1365 Enrolled             -20-               LRB9111410RCpk
 1    the same powers as the sentencing court.
 2        (i)  The court shall impose upon an offender sentenced to
 3    probation  after  January 1, 1989 or to conditional discharge
 4    after January 1, 1992, as a condition of  such  probation  or
 5    conditional  discharge,  a  fee  of  $25  for  each  month of
 6    probation or conditional discharge supervision ordered by the
 7    court, unless after determining the inability of  the  person
 8    sentenced  to  probation  or conditional discharge to pay the
 9    fee, the court assesses a  lesser  fee.  The  court  may  not
10    impose  the  fee  on  a minor who is made a ward of the State
11    under the Juvenile Court Act of 1987 while the  minor  is  in
12    placement. The fee shall be imposed only upon an offender who
13    is  actively  supervised  by the probation and court services
14    department.  The fee shall be collected by the clerk  of  the
15    circuit  court.  The clerk of the circuit court shall pay all
16    monies collected from this fee to the  county  treasurer  for
17    deposit  in  the  probation  and  court  services  fund under
18    Section 15.1 of the Probation and Probation Officers Act.
19        (j)  All fines and costs imposed under this  Section  for
20    any  violation  of  Chapters  3, 4, 6, and 11 of the Illinois
21    Vehicle Code, or a similar provision of  a  local  ordinance,
22    and any violation of the Child Passenger Protection Act, or a
23    similar  provision  of  a local ordinance, shall be collected
24    and disbursed by the circuit clerk as provided under  Section
25    27.5 of the Clerks of Courts Act.
26    (Source: P.A.   90-14,  eff.  7-1-97;  90-399,  eff.  1-1-98;
27    90-504, eff.  1-1-98;  90-655,  eff.  7-30-98;  91-325,  eff.
28    7-29-99.)

29        (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
30        Sec. 5-6-3.1.  Incidents and Conditions of Supervision.
31        (a)  When a defendant is placed on supervision, the court
32    shall enter an order for supervision specifying the period of
33    such  supervision, and shall defer further proceedings in the
 
SB1365 Enrolled             -21-               LRB9111410RCpk
 1    case until the conclusion of the period.
 2        (b)  The period of supervision shall be reasonable  under
 3    all  of  the circumstances of the case, but may not be longer
 4    than 2 years, unless the defendant  has  failed  to  pay  the
 5    assessment  required  by Section 10.3 of the Cannabis Control
 6    Act or Section 411.2 of the  Illinois  Controlled  Substances
 7    Act,  in which case the court may extend supervision beyond 2
 8    years. Additionally, the court shall order the  defendant  to
 9    perform  no  less  than 30 hours of community service and not
10    more than  120  hours  of  community  service,  if  community
11    service  is  available  in the jurisdiction and is funded and
12    approved by the county board where the offense was committed,
13    when the offense (1) was related to or in furtherance of  the
14    criminal  activities of an organized gang or was motivated by
15    the defendant's membership in or allegiance to  an  organized
16    gang;  or  (2) is a violation of any Section of Article 24 of
17    the Criminal Code of 1961 where a disposition of  supervision
18    is  not  prohibited  by  Section  5-6-1  of  this  Code.  The
19    community service shall include, but not be limited  to,  the
20    cleanup  and  repair  of  any  damage  caused by violation of
21    Section 21-1.3 of the  Criminal  Code  of  1961  and  similar
22    damages to property located within the municipality or county
23    in   which   the  violation  occurred.   Where  possible  and
24    reasonable, the community service should be performed in  the
25    offender's neighborhood.
26        For  the  purposes  of this Section, "organized gang" has
27    the meaning ascribed to it in  Section  10  of  the  Illinois
28    Streetgang Terrorism Omnibus Prevention Act.
29        (c)  The  court  may  in  addition  to  other  reasonable
30    conditions  relating  to  the  nature  of  the offense or the
31    rehabilitation  of  the  defendant  as  determined  for  each
32    defendant in the proper discretion of the court require  that
33    the person:
34             (1)  make a report to and appear in person before or
 
SB1365 Enrolled             -22-               LRB9111410RCpk
 1        participate  with  the  court  or such courts, person, or
 2        social service agency as directed by  the  court  in  the
 3        order of supervision;
 4             (2)  pay a fine and costs;
 5             (3)  work  or pursue a course of study or vocational
 6        training;
 7             (4)  undergo medical, psychological  or  psychiatric
 8        treatment; or treatment for drug addiction or alcoholism;
 9             (5)  attend  or reside in a facility established for
10        the instruction or residence of defendants on probation;
11             (6)  support his dependents;
12             (7)  refrain from  possessing  a  firearm  or  other
13        dangerous weapon;
14             (8)  and in addition, if a minor:
15                  (i)  reside  with  his  parents  or in a foster
16             home;
17                  (ii)  attend school;
18                  (iii)  attend  a  non-residential  program  for
19             youth;
20                  (iv)  contribute to his own support at home  or
21             in a foster home; and
22             (9)  make restitution or reparation in an amount not
23        to exceed actual loss or damage to property and pecuniary
24        loss  or  make  restitution  under  Section  5-5-6  to  a
25        domestic violence shelter.  The court shall determine the
26        amount and conditions of payment;
27             (10)  perform  some  reasonable  public or community
28        service;
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. If the court  has
32        ordered  the  defendant  to  make  a report and appear in
33        person under paragraph (1) of this subsection, a copy  of
34        the  order  of  protection  shall  be  transmitted to the
 
SB1365 Enrolled             -23-               LRB9111410RCpk
 1        person or agency so designated by the court;
 2             (12)  reimburse any "local  anti-crime  program"  as
 3        defined  in  Section 7 of the Anti-Crime Advisory Council
 4        Act for any reasonable expenses incurred by  the  program
 5        on  the offender's case, not to exceed the maximum amount
 6        of the fine authorized for  the  offense  for  which  the
 7        defendant was sentenced;
 8             (13)  contribute  a  reasonable sum of money, not to
 9        exceed the maximum amount of the fine authorized for  the
10        offense  for  which  the  defendant  was  sentenced, to a
11        "local anti-crime program", as defined in  Section  7  of
12        the Anti-Crime Advisory Council Act;
13             (14)  refrain   from   entering  into  a  designated
14        geographic area except upon such terms as the court finds
15        appropriate.  Such terms may include consideration of the
16        purpose of the entry, the  time  of  day,  other  persons
17        accompanying  the  defendant,  and  advance approval by a
18        probation officer;
19             (15)  refrain from having any contact,  directly  or
20        indirectly,  with certain specified persons or particular
21        types of person, including but not limited to members  of
22        street gangs and drug users or dealers;
23             (16)  refrain  from  having  in  his or her body the
24        presence of any illicit drug prohibited by  the  Cannabis
25        Control  Act  or  the Illinois Controlled Substances Act,
26        unless prescribed by a physician, and submit  samples  of
27        his  or her blood or urine or both for tests to determine
28        the presence of any illicit drug;
29             (17)  refrain from operating any motor  vehicle  not
30        equipped  with an ignition interlock device as defined in
31        Section 1-129.1 of the Illinois Vehicle Code.  Under this
32        condition the court may allow  a  defendant  who  is  not
33        self-employed   to   operate   a  vehicle  owned  by  the
34        defendant's  employer  that  is  not  equipped  with   an
 
SB1365 Enrolled             -24-               LRB9111410RCpk
 1        ignition  interlock device in the course and scope of the
 2        defendant's employment.
 3        (d)  The court shall defer entering any judgment  on  the
 4    charges until the conclusion of the supervision.
 5        (e)  At  the  conclusion of the period of supervision, if
 6    the court determines  that  the  defendant  has  successfully
 7    complied with all of the conditions of supervision, the court
 8    shall discharge the defendant and enter a judgment dismissing
 9    the charges.
10        (f)  Discharge and dismissal upon a successful conclusion
11    of  a  disposition  of  supervision  shall  be deemed without
12    adjudication of guilt and shall not be  termed  a  conviction
13    for  purposes  of disqualification or disabilities imposed by
14    law  upon  conviction  of  a  crime.   Two  years  after  the
15    discharge  and  dismissal  under  this  Section,  unless  the
16    disposition of supervision was for a  violation  of  Sections
17    3-707,  3-708,  3-710,  5-401.3,  or  11-503  of the Illinois
18    Vehicle Code or a similar provision of a local ordinance,  or
19    for  a  violation of Sections 12-3.2 or 16A-3 of the Criminal
20    Code of 1961, in  which  case  it  shall  be  5  years  after
21    discharge  and  dismissal,  a  person  may have his record of
22    arrest  sealed  or  expunged  as  may  be  provided  by  law.
23    However, any defendant placed on supervision  before  January
24    1,  1980,  may  move for sealing or expungement of his arrest
25    record, as provided by law, at any time after  discharge  and
26    dismissal  under this Section. A person placed on supervision
27    for a sexual offense committed against a minor as defined  in
28    subsection  (g)  of  Section 5 of the Criminal Identification
29    Act or for a violation of  Section  11-501  of  the  Illinois
30    Vehicle  Code  or  a  similar  provision of a local ordinance
31    shall not  have  his  or  her  record  of  arrest  sealed  or
32    expunged.
33        (g)  A defendant placed on supervision and who during the
34    period  of  supervision  undergoes  mandatory drug or alcohol
 
SB1365 Enrolled             -25-               LRB9111410RCpk
 1    testing, or both, or is assigned to be placed on an  approved
 2    electronic  monitoring  device,  shall  be ordered to pay the
 3    costs incidental to such mandatory drug or  alcohol  testing,
 4    or  both,  and  costs  incidental to such approved electronic
 5    monitoring in accordance with the defendant's ability to  pay
 6    those  costs.  The  county  board with the concurrence of the
 7    Chief Judge of the judicial circuit in which  the  county  is
 8    located  shall  establish  reasonable  fees  for  the cost of
 9    maintenance, testing, and incidental expenses related to  the
10    mandatory  drug  or  alcohol  testing, or both, and all costs
11    incidental  to  approved  electronic   monitoring,   of   all
12    defendants  placed  on  supervision.   The concurrence of the
13    Chief Judge shall be in the form of an administrative  order.
14    The  fees  shall  be  collected  by  the clerk of the circuit
15    court.  The clerk of the circuit court shall pay  all  moneys
16    collected  from  these fees to the county treasurer who shall
17    use the moneys collected to defray the costs of drug testing,
18    alcohol  testing,  and  electronic  monitoring.  The   county
19    treasurer  shall  deposit  the  fees  collected in the county
20    working cash fund under Section 6-27001 or Section 6-29002 of
21    the Counties Code, as the case may be.
22        (h)  A disposition of supervision is a  final  order  for
23    the purposes of appeal.
24        (i)  The  court  shall  impose upon a defendant placed on
25    supervision  after  January  1,  1992,  as  a  condition   of
26    supervision,  a  fee  of  $25  for  each month of supervision
27    ordered by the court, unless after determining the  inability
28    of the person placed on supervision to pay the fee, the court
29    assesses  a lesser fee. The court may not impose the fee on a
30    minor who is made a ward of  the  State  under  the  Juvenile
31    Court  Act  of 1987 while the minor is in placement.  The fee
32    shall be imposed  only  upon  a  defendant  who  is  actively
33    supervised  by  the  probation and court services department.
34    The fee shall be collected by the clerk of the circuit court.
 
SB1365 Enrolled             -26-               LRB9111410RCpk
 1    The clerk of the circuit court shall pay all monies collected
 2    from this fee to the county  treasurer  for  deposit  in  the
 3    probation and court services fund pursuant to Section 15.1 of
 4    the Probation and Probation Officers Act.
 5        (j)  All  fines  and costs imposed under this Section for
 6    any violation of Chapters 3, 4, 6, and  11  of  the  Illinois
 7    Vehicle  Code,  or  a similar provision of a local ordinance,
 8    and any violation of the Child Passenger Protection Act, or a
 9    similar provision of a local ordinance,  shall  be  collected
10    and  disbursed by the circuit clerk as provided under Section
11    27.5 of the Clerks of Courts Act.
12        (k)  A defendant at least 17 years of age who  is  placed
13    on  supervision for a misdemeanor in a county of 3,000,000 or
14    more inhabitants and who has not been previously convicted of
15    a misdemeanor or felony may as a  condition  of  his  or  her
16    supervision  be  required  by the court to attend educational
17    courses designed to prepare the defendant for a  high  school
18    diploma  and  to work toward a high school diploma or to work
19    toward  passing  the  high  school  level  Test  of   General
20    Educational  Development (GED) or to work toward completing a
21    vocational training  program  approved  by  the  court.   The
22    defendant   placed   on  supervision  must  attend  a  public
23    institution  of  education  to  obtain  the  educational   or
24    vocational  training  required  by  this subsection (k).  The
25    defendant placed on supervision shall be required to pay  for
26    the  cost of the educational courses or GED test, if a fee is
27    charged for those courses or test.  The  court  shall  revoke
28    the supervision of a person who wilfully fails to comply with
29    this   subsection   (k).   The  court  shall  resentence  the
30    defendant upon  revocation  of  supervision  as  provided  in
31    Section  5-6-4.   This  subsection  (k)  does  not apply to a
32    defendant who has a high school diploma or  has  successfully
33    passed  the GED test. This subsection (k) does not apply to a
34    defendant  who   is   determined   by   the   court   to   be
 
SB1365 Enrolled             -27-               LRB9111410RCpk
 1    developmentally  disabled  or otherwise mentally incapable of
 2    completing the educational or vocational program.
 3        (l)   The court  shall  require  a  defendant  placed  on
 4    supervision  for  possession of a substance prohibited by the
 5    Cannabis Control Act or Illinois  Controlled  Substances  Act
 6    after a previous conviction or disposition of supervision for
 7    possession  of a substance prohibited by the Cannabis Control
 8    Act or Illinois Controlled Substances Act or  a  sentence  of
 9    probation  under  Section  10  of the Cannabis Control Act or
10    Section 410 of the Illinois  Controlled  Substances  Act  and
11    after  a finding by the court that the person is addicted, to
12    undergo treatment at a substance abuse  program  approved  by
13    the court.
14        (m)  The  court  shall  require  a  defendant  placed  on
15    supervision  for a violation of Section 3-707 of the Illinois
16    Vehicle Code or a similar provision of a local ordinance,  as
17    a  condition  of  supervision,  to  give  proof of his or her
18    financial responsibility as defined in Section 7-315  of  the
19    Illinois  Vehicle Code.  The proof shall be maintained by the
20    defendant in a manner satisfactory to the Secretary of  State
21    for  a minimum period of one year after the date the proof is
22    first filed.   The  Secretary  of  State  shall  suspend  the
23    driver's license of any person determined by the Secretary to
24    be in violation of this subsection.
25    (Source:  P.A.  90-14,  eff.  7-1-97;  90-399,  eff.  1-1-98;
26    90-504,  eff.  1-1-98;  90-655,  eff.  7-30-98;  90-784, eff.
27    1-1-99; 91-127, eff. 1-1-00.)

28                       ARTICLE 25. DRUG ABUSE

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

31        (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
 
SB1365 Enrolled             -28-               LRB9111410RCpk
 1        Sec.  10.  (a) Whenever any person who has not previously
 2    been  convicted  of,  or  placed  on   probation   or   court
 3    supervision for, any offense under this Act or any law of the
 4    United  States  or  of  any  State  relating  to cannabis, or
 5    controlled substances as defined in the  Illinois  Controlled
 6    Substances  Act,  pleads  guilty  to  or  is  found guilty of
 7    violating Sections 4 (a), 4 (b), 4 (c), 5 (a), 5 (b),  5  (c)
 8    or  8 of this Act, the court may, without entering a judgment
 9    and  with  the  consent  of  such  person,  sentence  him  to
10    probation.
11        (b)  When a person is  placed  on  probation,  the  court
12    shall  enter  an order specifying a period of probation of 24
13    months, and shall defer further proceedings in the case until
14    the conclusion of  the  period  or  until  the  filing  of  a
15    petition  alleging  violation  of  a  term  or  condition  of
16    probation.
17        (c)  The  conditions  of  probation  shall  be  that  the
18    person:   (1)   not  violate  any  criminal  statute  of  any
19    jurisdiction; (2) refrain from possession  of  a  firearm  or
20    other  dangerous  weapon; (3) submit to periodic drug testing
21    at a time and in a manner as ordered by  the  court,  but  no
22    less  than  3  times during the period of the probation, with
23    the cost of the testing to be paid by  the  probationer;  and
24    (4)  perform  no  less  than  30  hours of community service,
25    provided community service is available in  the  jurisdiction
26    and is funded and approved by the county board.
27        (d)  The  court  may,  in  addition  to other conditions,
28    require that the person:
29             (1)  make a report to and appear in person before or
30        participate with the court or  such  courts,  person,  or
31        social  service  agency  as  directed by the court in the
32        order of probation;
33             (2)  pay a fine and costs;
34             (3)  work or pursue a course of study or  vocational
 
SB1365 Enrolled             -29-               LRB9111410RCpk
 1        training;
 2             (4)  undergo  medical  or  psychiatric treatment; or
 3        treatment for drug addiction or alcoholism;
 4             (5)  attend or reside in a facility established  for
 5        the instruction or residence of defendants on probation;
 6             (6)  support his dependents;
 7             (7)  refrain  from  possessing  a  firearm  or other
 8        dangerous weapon;
 9             (7-5)  refrain from having in his or  her  body  the
10        presence  of  any illicit drug prohibited by the Cannabis
11        Control Act or the Illinois  Controlled  Substances  Act,
12        unless  prescribed  by a physician, and submit samples of
13        his or her blood or urine or both for tests to  determine
14        the presence of any illicit drug;
15             (8)  and in addition, if a minor:
16                  (i)  reside  with  his  parents  or in a foster
17             home;
18                  (ii)  attend school;
19                  (iii)  attend  a  non-residential  program  for
20             youth;
21                  (iv)  contribute to his own support at home  or
22             in a foster home.
23        (e)  Upon  violation of a term or condition of probation,
24    the court may enter a judgment on  its  original  finding  of
25    guilt and proceed as otherwise provided.
26        (f)  Upon  fulfillment  of  the  terms  and conditions of
27    probation, the court shall discharge such person and  dismiss
28    the proceedings against him.
29        (g)  A  disposition  of  probation  is considered to be a
30    conviction for the purposes of  imposing  the  conditions  of
31    probation  and  for  appeal, however, discharge and dismissal
32    under this Section  is  not  a  conviction  for  purposes  of
33    disqualification   or   disabilities   imposed  by  law  upon
34    conviction of  a  crime  (including  the  additional  penalty
 
SB1365 Enrolled             -30-               LRB9111410RCpk
 1    imposed for subsequent offenses under Section 4 (c), 4 (d), 5
 2    (c) or 5 (d) of this Act).
 3        (h)  Discharge  and dismissal under this Section or under
 4    Section 410 of the Illinois  Controlled  Substances  Act  may
 5    occur only once with respect to any person.
 6        (i)  If  a  person  is convicted of an offense under this
 7    Act or the Illinois Controlled Substances Act within 5  years
 8    subsequent  to  a discharge and dismissal under this Section,
 9    the discharge and  dismissal  under  this  Section  shall  be
10    admissible  in  the sentencing proceeding for that conviction
11    as a factor in aggravation.
12    (Source: P.A. 88-510; 88-680, eff. 1-1-95.)

13        Section 25-15.  The Illinois Controlled Substances Act is
14    amended by re-enacting Section 410 as follows:

15        (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
16        Sec. 410. (a) Whenever any person who has not  previously
17    been   convicted   of,   or  placed  on  probation  or  court
18    supervision for any offense under this Act or any law of  the
19    United  States  or  of  any  State  relating  to  cannabis or
20    controlled substances, pleads guilty to or is found guilty of
21    possession of a controlled  or  counterfeit  substance  under
22    subsection  (c) of Section 402, the court, without entering a
23    judgment and with the consent of such  person,  may  sentence
24    him to probation.
25        (b)  When  a  person  is  placed  on probation, the court
26    shall enter an order specifying a period of probation  of  24
27    months  and shall defer further proceedings in the case until
28    the conclusion of  the  period  or  until  the  filing  of  a
29    petition  alleging  violation  of  a  term  or  condition  of
30    probation.
31        (c)  The  conditions  of  probation  shall  be  that  the
32    person:   (1)   not  violate  any  criminal  statute  of  any
 
SB1365 Enrolled             -31-               LRB9111410RCpk
 1    jurisdiction; (2) refrain from possessing a firearm or  other
 2    dangerous  weapon;  (3)  submit to periodic drug testing at a
 3    time and in a manner as ordered by the  court,  but  no  less
 4    than  3  times  during  the period of the probation, with the
 5    cost of the testing to be paid by the  probationer;  and  (4)
 6    perform  no less than 30 hours of community service, provided
 7    community service is available in  the  jurisdiction  and  is
 8    funded and approved by the county board.
 9        (d)  The  court  may,  in  addition  to other conditions,
10    require that the person:
11             (1)  make a report to and appear in person before or
12        participate with the court or  such  courts,  person,  or
13        social  service  agency  as  directed by the court in the
14        order of probation;
15             (2)  pay a fine and costs;
16             (3)  work or pursue a course of study or  vocational
17        training;
18             (4)  undergo  medical  or  psychiatric treatment; or
19        treatment or  rehabilitation  approved  by  the  Illinois
20        Department of Human Services;
21             (5)  attend  or reside in a facility established for
22        the instruction or residence of defendants on probation;
23             (6)  support his dependents;
24             (6-5)  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             (7)  and in addition, if a minor:
31                  (i)  reside  with  his  parents  or in a foster
32             home;
33                  (ii)  attend school;
34                  (iii)  attend  a  non-residential  program  for
 
SB1365 Enrolled             -32-               LRB9111410RCpk
 1             youth;
 2                  (iv)  contribute to his own support at home  or
 3             in a foster home.
 4        (e)  Upon  violation of a term or condition of probation,
 5    the court may enter a judgment on  its  original  finding  of
 6    guilt and proceed as otherwise provided.
 7        (f)  Upon  fulfillment  of  the  terms  and conditions of
 8    probation, the court shall discharge the person  and  dismiss
 9    the proceedings against him.
10        (g)  A  disposition  of  probation  is considered to be a
11    conviction for the purposes of  imposing  the  conditions  of
12    probation  and  for  appeal, however, discharge and dismissal
13    under this Section is not a conviction for purposes  of  this
14    Act  or  for  purposes  of  disqualifications or disabilities
15    imposed by law upon conviction of a crime.
16        (h)  There may be only one discharge and dismissal  under
17    this  Section  or Section 10 of the Cannabis Control Act with
18    respect to any person.
19        (i)  If a person is convicted of an  offense  under  this
20    Act  or the Cannabis Control Act within 5 years subsequent to
21    a discharge and dismissal under this Section,  the  discharge
22    and  dismissal  under this Section shall be admissible in the
23    sentencing proceeding for  that  conviction  as  evidence  in
24    aggravation.
25    (Source:  P.A.  88-510;  88-680,  eff.  1-1-95;  89-507, eff.
26    7-1-97.)

27                        ARTICLE 30. FIREARMS

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

30        (720 ILCS 5/24-3A)
31        Sec. 24-3A.  Gunrunning.
 
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 1        (a)  A person commits gunrunning when he or she transfers
 2    3  or  more firearms in violation of any of the paragraphs of
 3    Section 24-3 of this Code.
 4        (b)  Sentence.  A person who commits gunrunning is guilty
 5    of a Class 1 felony.  A  person  who  commits  gunrunning  by
 6    transferring  firearms  to  a  person who, at the time of the
 7    commission of the offense, is under 18 years of age is guilty
 8    of a Class X felony.
 9    (Source: P.A. 91-13, eff. 1-1-00.)

10        (720 ILCS 5/24-5) (from Ch. 38, par. 24-5)
11        Sec. 24-5. Defacing identification marks of firearms.
12        (a)  Any person  who  shall  knowingly  or  intentionally
13    change,  alter,  remove  or obliterate the name of the maker,
14    model, manufacturer's number or other mark of  identification
15    of any firearm commits a Class 2 felony.
16        (b)  Possession  of  any firearm upon which any such mark
17    shall have been  changed,  altered,  removed  or  obliterated
18    shall be prima facie evidence that the possessor has changed,
19    altered, removed or obliterated the same.
20    (Source: P.A. 88-680, eff. 1-1-95.)

21        (720 ILCS 5/24-6) (from Ch. 38, par. 24-6)
22        Sec. 24-6. Confiscation and disposition of weapons.
23        (a)  Upon  conviction of an offense in which a weapon was
24    used or possessed by the offender, any weapon seized shall be
25    confiscated by the trial court.
26        (b)  Any stolen weapon so  confiscated,  when  no  longer
27    needed  for  evidentiary  purposes,  shall be returned to the
28    person  entitled  to  possession,  if   known.    After   the
29    disposition  of a criminal case or in any criminal case where
30    a final judgment in the case was not entered due to the death
31    of the defendant, and when a confiscated weapon is no  longer
32    needed  for  evidentiary  purposes, and when in due course no
 
SB1365 Enrolled             -34-               LRB9111410RCpk
 1    legitimate claim has been made for the weapon, the court  may
 2    transfer  the  weapon  to  the  sheriff of the county who may
 3    proceed to destroy it, or may in  its  discretion  order  the
 4    weapon  preserved  as property of the governmental body whose
 5    police agency seized the weapon, or  may  in  its  discretion
 6    order the weapon to be transferred to the Department of State
 7    Police  for  use by the crime laboratory system, for training
 8    purposes, or for any other application as deemed  appropriate
 9    by  the  Department.  If, after the disposition of a criminal
10    case, a need still exists for  the  use  of  the  confiscated
11    weapon  for  evidentiary purposes, the court may transfer the
12    weapon to the custody of the State Department of  Corrections
13    for  preservation.   The  court may not order the transfer of
14    the weapon to any private individual or private  organization
15    other than to return a stolen weapon to its rightful owner.
16        The  provisions  of  this  Section  shall  not  apply  to
17    violations  of the Fish and Aquatic Life Code or the Wildlife
18    Code.  Confiscation of weapons for Fish and Aquatic Life Code
19    and Wildlife Code violations shall be  only  as  provided  in
20    those Codes.
21        (c)  Any  mental  hospital  that  admits  a  person as an
22    inpatient pursuant to any of the  provisions  of  the  Mental
23    Health  and  Developmental Disabilities Code shall confiscate
24    any firearms in the possession of that person at the time  of
25    admission,  or at any time the firearms are discovered in the
26    person's possession during the course of hospitalization. The
27    hospital shall, as soon as possible  following  confiscation,
28    transfer  custody  of  the  firearms  to  the appropriate law
29    enforcement agency. The hospital shall give written notice to
30    the person from whom  the  firearm  was  confiscated  of  the
31    identity  and  address of the law enforcement agency to which
32    it has given the firearm.
33        The law enforcement agency shall maintain  possession  of
34    any  firearm  it  obtains  pursuant  to this subsection for a
 
SB1365 Enrolled             -35-               LRB9111410RCpk
 1    minimum of 90 days.  Thereafter, the firearm may be  disposed
 2    of  pursuant  to  the  provisions  of  subsection (b) of this
 3    Section.
 4    (Source: P.A. 87-464; 87-895; 88-352; 88-680, eff. 1-1-95.)

 5        (720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
 6        Sec. 32-10. Violation of bail bond.
 7        (a)  Whoever, having been admitted to bail for appearance
 8    before any court of this State, incurs a  forfeiture  of  the
 9    bail  and willfully fails to surrender himself within 30 days
10    following the date of such forfeiture, commits, if  the  bail
11    was  given  in  connection with a charge of felony or pending
12    appeal or certiorari  after  conviction  of  any  offense,  a
13    felony  of  the  next lower Class or a Class A misdemeanor if
14    the underlying offense was a Class 4 felony; or, if the  bail
15    was  given  in  connection  with  a  charge  of  committing a
16    misdemeanor, or  for  appearance  as  a  witness,  commits  a
17    misdemeanor  of  the  next  lower  Class, but not less than a
18    Class C misdemeanor.
19        (a-5)  Any person who violates a condition of  bail  bond
20    by possessing a firearm in violation of his or her conditions
21    of  bail commits a Class 4 felony for a first violation and a
22    Class 3 felony for a second violation.
23        (b)  Whoever, having been admitted to bail for appearance
24    before any court of this State, while charged with a criminal
25    offense in which the victim is a family or  household  member
26    as  defined in Article 112A of the Code of Criminal Procedure
27    of 1963, knowingly violates a condition of  that  release  as
28    set  forth  in  Section 110-10, subsection (d) of the Code of
29    Criminal Procedure of 1963, commits a Class A misdemeanor.
30        (c)  Whoever, having been admitted to bail for appearance
31    before any  court  of  this  State  for  a  felony,  Class  A
32    misdemeanor  or  a  criminal offense in which the victim is a
33    family or household member as defined in Article 112A of  the
 
SB1365 Enrolled             -36-               LRB9111410RCpk
 1    Code of Criminal Procedure of 1963, is charged with any other
 2    felony,  Class  A misdemeanor, or a criminal offense in which
 3    the victim is a family or  household  member  as  defined  in
 4    Article  112A of the Code of Criminal Procedure of 1963 while
 5    on such release, must appear before the court before bail  is
 6    statutorily set.
 7        (d)  Nothing  in  this  Section  shall  interfere with or
 8    prevent the exercise by any court of its power to  punishment
 9    for  contempt.  Any  sentence  imposed  for violation of this
10    Section shall be served consecutive to the  sentence  imposed
11    for  the  charge  for  which  bail  had been granted and with
12    respect to which the defendant has been convicted.
13    (Source: P.A.  88-430;  88-680,  eff.  1-1-95;  89-203,  eff.
14    7-21-95.)

15        Section   30-910.  The Code of Criminal Procedure of 1963
16    is amended by re-enacting Section 110-10 as follows:

17        (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
18        Sec. 110-10.  Conditions of bail bond.
19        (a)  If a person is released prior to conviction,  either
20    upon   payment  of  bail  security  or  on  his  or  her  own
21    recognizance, the conditions of the bail bond shall  be  that
22    he or she will:
23             (1)  Appear to answer the charge in the court having
24        jurisdiction  on  a day certain and thereafter as ordered
25        by the court until  discharged  or  final  order  of  the
26        court;
27             (2)  Submit  himself  or  herself  to the orders and
28        process of the court;
29             (3)  Not depart this  State  without  leave  of  the
30        court;
31             (4)  Not   violate   any  criminal  statute  of  any
32        jurisdiction;
 
SB1365 Enrolled             -37-               LRB9111410RCpk
 1             (5)  At a time and place designated  by  the  court,
 2        surrender  all firearms in his or her possession to a law
 3        enforcement officer  designated  by  the  court  to  take
 4        custody  of and impound the firearms when the offense the
 5        person has  been  charged  with  is  a  forcible  felony,
 6        stalking,  aggravated  stalking,  domestic  battery,  any
 7        violation  of  either  the Illinois Controlled Substances
 8        Act or the Cannabis Control Act that is classified  as  a
 9        Class  2  or  greater  felony, or any felony violation of
10        Article 24 of the Criminal Code of 1961; the  court  may,
11        however,  forgo  forego  the imposition of this condition
12        when the circumstances of the case clearly do not warrant
13        it or when  its  imposition  would  be  impractical;  all
14        legally  possessed  firearms  shall  be  returned  to the
15        person upon that  person  completing  a  sentence  for  a
16        conviction  on  a  misdemeanor domestic battery, upon the
17        charges being dismissed, or if the person  is  found  not
18        guilty,  unless the finding of not guilty is by reason of
19        insanity; and
20             (6)  At a time and place designated  by  the  court,
21        submit  to a psychological evaluation when the person has
22        been charged with a violation of item (4)  of  subsection
23        (a) of Section 24-1 of the Criminal Code of 1961 and that
24        violation  occurred  in  a  school  or  in any conveyance
25        owned, leased, or contracted by  a  school  to  transport
26        students  to or from school or a school-related activity,
27        or on any public way within 1,000 feet of  real  property
28        comprising any school.
29        Psychological   evaluations   ordered  pursuant  to  this
30    Section shall be completed promptly and made available to the
31    State, the defendant, and the court.  As a further  condition
32    of  bail under these circumstances, the court shall order the
33    defendant to refrain from entering upon the property  of  the
34    school, including any conveyance owned, leased, or contracted
 
SB1365 Enrolled             -38-               LRB9111410RCpk
 1    by  a  school  to  transport  students to or from school or a
 2    school-related activity, or on any public  way  within  1,000
 3    feet of real property comprising any school.  Upon receipt of
 4    the   psychological  evaluation,  either  the  State  or  the
 5    defendant may request a change in  the  conditions  of  bail,
 6    pursuant to Section 110-6 of this Code.  The court may change
 7    the  conditions  of  bail  to  include a requirement that the
 8    defendant follow the  recommendations  of  the  psychological
 9    evaluation,  including undergoing psychiatric treatment.  The
10    conclusions  of  the   psychological   evaluation   and   any
11    statements   elicited   from   the   defendant   during   its
12    administration are not admissible as evidence of guilt during
13    the  course  of  any trial on the charged offense, unless the
14    defendant places his or her mental competency in issue.
15        (b)  The court may impose other conditions, such  as  the
16    following,  if  the  court  finds  that  such  conditions are
17    reasonably necessary to assure the defendant's appearance  in
18    court,  protect the public from the defendant, or prevent the
19    defendant's   unlawful   interference   with   the    orderly
20    administration of justice:
21             (1)  Report  to  or  appear  in  person  before such
22        person or agency as the court may direct;
23             (2)  Refrain from  possessing  a  firearm  or  other
24        dangerous weapon;
25             (3)  Refrain  from approaching or communicating with
26        particular persons or classes of persons;
27             (4)  Refrain  from  going   to   certain   described
28        geographical areas or premises;
29             (5)  Refrain  from engaging in certain activities or
30        indulging in intoxicating liquors or in certain drugs;
31             (6)  Undergo  treatment  for   drug   addiction   or
32        alcoholism;
33             (7)  Undergo medical or psychiatric treatment;
34             (8)  Work  or pursue a course of study or vocational
 
SB1365 Enrolled             -39-               LRB9111410RCpk
 1        training;
 2             (9)  Attend or reside in a  facility  designated  by
 3        the court;
 4             (10)  Support his or her dependents;
 5             (11)  If  a minor resides with his or her parents or
 6        in a foster home, attend school, attend a non-residential
 7        program for youths, and contribute  to  his  or  her  own
 8        support at home or in a foster home;
 9             (12)  Observe any curfew ordered by the court;
10             (13)  Remain  in  the  custody  of  such  designated
11        person or organization agreeing to supervise his release.
12        Such  third  party  custodian  shall  be  responsible for
13        notifying the court if the defendant fails to observe the
14        conditions of release which the custodian has  agreed  to
15        monitor,  and  shall  be subject to contempt of court for
16        failure so to notify the court;
17             (14)  Be placed  under  direct  supervision  of  the
18        Pretrial  Services  Agency, Probation Department or Court
19        Services Department in a pretrial bond  home  supervision
20        capacity   with   or  without  the  use  of  an  approved
21        electronic monitoring device subject  to  Article  8A  of
22        Chapter V of the Unified Code of Corrections; or
23             (14.1)  The  court shall impose upon a defendant who
24        is charged  with  any  alcohol,  cannabis  or  controlled
25        substance   violation   and   is   placed   under  direct
26        supervision of the Pretrial  Services  Agency,  Probation
27        Department  or  Court  Services  Department in a pretrial
28        bond  home  supervision  capacity  with  the  use  of  an
29        approved monitoring device, as a condition of  such  bail
30        bond,  a  fee  that  represents  costs  incidental to the
31        electronic  monitoring  for  each  day   of   such   bail
32        supervision   ordered   by   the   court,   unless  after
33        determining the inability of the  defendant  to  pay  the
34        fee,  the  court  assesses  a lesser fee or no fee as the
 
SB1365 Enrolled             -40-               LRB9111410RCpk
 1        case may be.  The fee shall be collected by the clerk  of
 2        the  circuit court.  The clerk of the circuit court shall
 3        pay all monies collected from  this  fee  to  the  county
 4        treasurer  for  deposit  in  the substance abuse services
 5        fund under Section 5-1086.1 of the Counties Code;
 6             (14.2)  The court shall impose upon all  defendants,
 7        including  those  defendants  subject to paragraph (14.1)
 8        above, placed under direct supervision  of  the  Pretrial
 9        Services  Agency,  Probation Department or Court Services
10        Department in a pretrial bond home  supervision  capacity
11        with  the  use  of  an  approved  monitoring device, as a
12        condition of such bail bond, a fee which shall  represent
13        costs  incidental  to such electronic monitoring for each
14        day of such bail supervision ordered by the court, unless
15        after determining the inability of the defendant  to  pay
16        the fee, the court assesses a lesser fee or no fee as the
17        case  may be.  The fee shall be collected by the clerk of
18        the circuit court.  The clerk of the circuit court  shall
19        pay  all  monies  collected  from  this fee to the county
20        treasurer who shall use the monies  collected  to  defray
21        the  costs  of  corrections.   The county treasurer shall
22        deposit the fee collected in the county working cash fund
23        under Section 6-27001 or Section  6-29002 of the Counties
24        Code, as the case may be;
25             (15)  Comply with the terms  and  conditions  of  an
26        order  of  protection  issued  by  the  court  under  the
27        Illinois Domestic Violence Act of 1986;
28             (16)  Under   Section   110-6.5   comply   with  the
29        conditions of the drug testing program; and
30             (17)  Such other reasonable conditions as the  court
31        may impose.
32        (c)  When  a  person  is  charged  with  an offense under
33    Section  12-13,  12-14,  12-14.1,  12-15  or  12-16  of   the
34    "Criminal  Code  of  1961", involving a victim who is a minor
 
SB1365 Enrolled             -41-               LRB9111410RCpk
 1    under 18 years of age living in the same household  with  the
 2    defendant  at  the  time  of the offense, in granting bail or
 3    releasing the defendant on his own  recognizance,  the  judge
 4    shall impose conditions to restrict the defendant's access to
 5    the  victim  which  may  include,  but  are  not  limited  to
 6    conditions that he will:
 7             1.  Vacate the Household.
 8             2.  Make   payment   of  temporary  support  to  his
 9        dependents.
10             3.  Refrain from contact or communication  with  the
11        child victim, except as ordered by the court.
12        (d)  When a person is charged with a criminal offense and
13    the  victim  is  a  family  or household member as defined in
14    Article 112A, conditions shall be imposed at the time of  the
15    defendant's  release  on  bond  that restrict the defendant's
16    access to the victim. Unless provided otherwise by the court,
17    the  restrictions  shall  include   requirements   that   the
18    defendant do the following:
19             (1)  refrain  from contact or communication with the
20        victim for a minimum period of  72  hours  following  the
21        defendant's release; and
22             (2)  refrain  from  entering  or  remaining  at  the
23        victim's  residence  for  a  minimum  period  of 72 hours
24        following the defendant's release.
25        (e)  Local  law  enforcement   agencies   shall   develop
26    standardized  bond forms for use in cases involving family or
27    household members  as  defined  in  Article  112A,  including
28    specific  conditions  of  bond as provided in subsection (d).
29    Failure of any law enforcement department to develop  or  use
30    those  forms  shall  in  no  way  limit the applicability and
31    enforcement of subsections (d) and (f).
32        (f)  If  the  defendant  is  admitted   to   bail   after
33    conviction  the  conditions of the bail bond shall be that he
34    will, in addition to the conditions set forth in  subsections
 
SB1365 Enrolled             -42-               LRB9111410RCpk
 1    (a) and (b) hereof:
 2             (1)  Duly prosecute his appeal;
 3             (2)  Appear  at such time and place as the court may
 4        direct;
 5             (3)  Not depart this  State  without  leave  of  the
 6        court;
 7             (4)  Comply with such other reasonable conditions as
 8        the court may impose; and,
 9             (5)  If  the  judgment  is  affirmed  or  the  cause
10        reversed   and   remanded  for  a  new  trial,  forthwith
11        surrender to  the  officer  from  whose  custody  he  was
12        bailed.
13    (Source: P.A.   90-399,  eff.  1-1-98;  91-11,  eff.  6-4-99;
14    91-312, eff. 1-1-00; revised 10-15-99.)

15                             ARTICLE 35

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

18        (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
19        Sec. 8-4.  Attempt.
20        (a)  Elements of the Offense.
21        A person commits an attempt when, with intent to commit a
22    specific  offense,  he  does  any  act  which  constitutes  a
23    substantial step toward the commission of that offense.
24        (b)  Impossibility.
25        It  shall  not  be  a defense to a charge of attempt that
26    because of a misapprehension of the  circumstances  it  would
27    have  been  impossible  for the accused to commit the offense
28    attempted.
29        (c)  Sentence.
30        A  person  convicted  of  an  attempt  may  be  fined  or
31    imprisoned or both not to exceed the maximum provided for the
 
SB1365 Enrolled             -43-               LRB9111410RCpk
 1    offense attempted but, except for an attempt  to  commit  the
 2    offense defined in Section 33A-2 of this Act,
 3             (1)  the sentence for attempt to commit first degree
 4        murder is the sentence for a Class X felony, except that
 5                  (A)  an  attempt  to commit first degree murder
 6             when  at  least  one  of  the  aggravating   factors
 7             specified   in  paragraphs  (1),  (2)  and  (12)  of
 8             subsection (b) of Section 9-1 is present is a  Class
 9             X  felony  for which the sentence shall be a term of
10             imprisonment of not less than 20 years and not  more
11             than 80 years;
12                  (B)  an  attempt  to commit first degree murder
13             while armed with a firearm is a Class X  felony  for
14             which  15  years  shall  be  added  to  the  term of
15             imprisonment imposed by the court;
16                  (C)  an attempt to commit first  degree  murder
17             during  which  the  person  personally  discharged a
18             firearm is a Class X felony for which 20 years shall
19             be added to the term of imprisonment imposed by  the
20             court;
21                  (D)  an  attempt  to commit first degree murder
22             during which  the  person  personally  discharged  a
23             firearm  that  proximately caused great bodily harm,
24             permanent disability,  permanent  disfigurement,  or
25             death  to  another  person,  is a Class X felony for
26             which 25 years or up to a term of natural life shall
27             be added to the term of imprisonment imposed by  the
28             court.
29             (2)  the  sentence  for  attempt to commit a Class X
30        felony is the sentence for a Class 1 felony;
31             (3)  the sentence for attempt to commit  a  Class  1
32        felony is the sentence for a Class 2 felony;
33             (4)  the  sentence  for  attempt to commit a Class 2
34        felony is the sentence for a Class 3 felony; and
 
SB1365 Enrolled             -44-               LRB9111410RCpk
 1             (5)  the sentence for attempt to commit  any  felony
 2        other  than  those specified in Subsections (1), (2), (3)
 3        and (4) hereof is the sentence for a Class A misdemeanor.
 4    (Source: P.A. 91-404, eff. 1-1-00.)

 5        (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2)
 6        Sec. 12-4.2.  Aggravated Battery with a firearm.
 7        (a)  A person commits aggravated battery with  a  firearm
 8    when  he, in committing a battery, knowingly or intentionally
 9    by means of the discharging  of  a  firearm  (1)  causes  any
10    injury  to  another  person,  or  (2)  causes any injury to a
11    person he knows to be a peace officer, a  community  policing
12    volunteer,  a  correctional institution employee or a fireman
13    while the  officer, volunteer, employee or fireman is engaged
14    in the execution of any of his official duties, or to prevent
15    the officer, volunteer, employee or fireman  from  performing
16    his  official  duties,  or  in  retaliation  for the officer,
17    volunteer,  employee  or  fireman  performing  his   official
18    duties,  or  (3) causes any injury to a person he knows to be
19    an  emergency  medical  technician  -  ambulance,   emergency
20    medical   technician   -   intermediate,   emergency  medical
21    technician - paramedic, ambulance driver,  or  other  medical
22    assistance or first aid personnel, employed by a municipality
23    or  other  governmental  unit,  while  the  emergency medical
24    technician  -  ambulance,  emergency  medical  technician   -
25    intermediate,   emergency  medical  technician  -  paramedic,
26    ambulance driver, or other medical assistance  or  first  aid
27    personnel  is engaged in the execution of any of his official
28    duties, or to prevent  the  emergency  medical  technician  -
29    ambulance,   emergency  medical  technician  -  intermediate,
30    emergency medical technician - paramedic,  ambulance  driver,
31    or  other  medical  assistance  or  first  aid personnel from
32    performing his official duties, or  in  retaliation  for  the
33    emergency  medical  technician - ambulance, emergency medical
 
SB1365 Enrolled             -45-               LRB9111410RCpk
 1    technician - intermediate,  emergency  medical  technician  -
 2    paramedic,  ambulance  driver, or other medical assistance or
 3    first aid personnel performing his official  duties,  or  (4)
 4    causes any injury to a person he or she knows to be a teacher
 5    or other person employed in a school and the teacher or other
 6    employee is upon grounds of a school or grounds adjacent to a
 7    school,  or  is  in  any  part  of a building used for school
 8    purposes.
 9        (b)  A violation of subsection (a) (1) of this Section is
10    a Class X  felony.    A  violation  of  subsection  (a)  (2),
11    subsection  (a) (3), or subsection (a)(4)  of this Section is
12    a Class X felony for which the sentence shall be  a  term  of
13    imprisonment  of  no  less  than 15 years and no more than 60
14    years.
15        (c)  For purposes of this Section, "firearm"  is  defined
16    as  in  "An  Act  relating to the acquisition, possession and
17    transfer of firearms and firearm  ammunition,  to  provide  a
18    penalty   for   the   violation   thereof   and  to  make  an
19    appropriation in connection therewith",  approved  August  1,
20    1967, as amended.
21    (Source: P.A. 90-651, eff. 1-1-99; 91-434, eff. 1-1-00.)

22        (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
23        Sec. 24-1.2.  Aggravated discharge of a firearm.
24        (a)  A  person  commits aggravated discharge of a firearm
25    when he or she knowingly or intentionally:
26             (1)  Discharges a firearm at or into a  building  he
27        or she knows or reasonably should know to be occupied and
28        the  firearm  is  discharged  from  a  place  or position
29        outside that building;
30             (2)  Discharges  a  firearm  in  the  direction   of
31        another person or in the direction of a vehicle he or she
32        knows  or  reasonably  should  know  to  be occupied by a
33        person;
 
SB1365 Enrolled             -46-               LRB9111410RCpk
 1             (3)  Discharges a firearm  in  the  direction  of  a
 2        person he or she knows to be a peace officer, a community
 3        policing  volunteer, a correctional institution employee,
 4        or a fireman while the officer,  volunteer,  employee  or
 5        fireman  is engaged in the execution of any of his or her
 6        official duties, or to prevent  the  officer,  volunteer,
 7        employee  or  fireman from performing his or her official
 8        duties, or in retaliation  for  the  officer,  volunteer,
 9        employee  or  fireman  performing  his  or  her  official
10        duties;
11             (4)  Discharges  a  firearm  in  the  direction of a
12        vehicle he or  she  knows  to  be  occupied  by  a  peace
13        officer,  a  person  summoned  or  directed  by  a  peace
14        officer, a correctional institution employee or a fireman
15        while  the officer, employee or fireman is engaged in the
16        execution of any of his or her  official  duties,  or  to
17        prevent  the officer, employee or fireman from performing
18        his or her official duties, or  in  retaliation  for  the
19        officer,  employee  or  fireman  performing  his  or  her
20        official duties;
21             (5)  Discharges  a  firearm  in  the  direction of a
22        person he  or  she  knows  to  be  an  emergency  medical
23        technician  -  ambulance,  emergency medical technician -
24        intermediate, emergency medical technician  -  paramedic,
25        ambulance  driver,  or  other medical assistance or first
26        aid  personnel,  employed  by  a  municipality  or  other
27        governmental unit, while the emergency medical technician
28        - ambulance, emergency medical technician - intermediate,
29        emergency  medical  technician  -  paramedic,   ambulance
30        driver,   or   other  medical  assistance  or  first  aid
31        personnel is engaged in the execution of any  of  his  or
32        her  official duties, or to prevent the emergency medical
33        technician - ambulance, emergency  medical  technician  -
34        intermediate,  emergency  medical technician - paramedic,
 
SB1365 Enrolled             -47-               LRB9111410RCpk
 1        ambulance driver, or other medical  assistance  or  first
 2        aid personnel from performing his or her official duties,
 3        or  in retaliation for the emergency medical technician -
 4        ambulance, emergency medical technician  -  intermediate,
 5        emergency   medical  technician  -  paramedic,  ambulance
 6        driver,  or  other  medical  assistance  or   first   aid
 7        personnel performing his or her official duties; or
 8             (6)  Discharges  a  firearm  in  the  direction of a
 9        vehicle he or she knows to be occupied  by  an  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,  employed by a municipality or
14        other governmental  unit,  while  the  emergency  medical
15        technician   -  ambulance, emergency medical technician -
16        intermediate, emergency medical technician  -  paramedic,
17        ambulance  driver,  or  other medical assistance or first
18        aid personnel is engaged in the execution of any  of  his
19        or  her  official  duties,  or  to  prevent the emergency
20        medical  technician  -   ambulance,   emergency   medical
21        technician - intermediate, emergency medical technician -
22        paramedic,  ambulance driver, or other medical assistance
23        or  first  aid  personnel  from  performing  his  or  her
24        official duties, or  in  retaliation  for  the  emergency
25        medical   technician   -   ambulance,  emergency  medical
26        technician - intermediate, emergency medical technician -
27        paramedic, ambulance driver, or other medical  assistance
28        or  first  aid  personnel  performing his or her official
29        duties; or
30             (7)  Discharges a firearm  in  the  direction  of  a
31        person  he  or  she knows to be a teacher or other person
32        employed in any school and the teacher or other  employee
33        is  upon the grounds of a school or grounds adjacent to a
34        school, or is in any part of a building used  for  school
 
SB1365 Enrolled             -48-               LRB9111410RCpk
 1        purposes.
 2        (b)  A  violation   of   subsection (a)(1) or  subsection
 3    (a)(2) of this Section is a Class 1 felony.  A  violation  of
 4    subsection  (a)(1)  or  (a)(2) of this Section committed in a
 5    school, on the real  property  comprising  a  school,  within
 6    1,000  feet  of  the  real property comprising a school, at a
 7    school related activity or on or within  1,000  feet  of  any
 8    conveyance  owned,  leased,  or  contracted  by  a  school to
 9    transport students to or from  school  or  a  school  related
10    activity,  regardless of the time of day or time of year that
11    the offense was committed is a Class X felony. A violation of
12    subsection (a)(3), (a)(4), (a)(5), (a)(6), or (a)(7) of  this
13    Section is a Class X felony for which the sentence shall be a
14    term  of  imprisonment  of no less than 10 years and not more
15    than 45 years.
16        (c)  For purposes of this Section:
17        "School"  means  a  public  or  private   elementary   or
18    secondary school, community college, college, or university.
19        "School  related  activity"  means  any sporting, social,
20    academic, or other activity for which students' attendance or
21    participation is sponsored, organized, or funded in whole  or
22    in part by a school or school district.
23    (Source: P.A.   90-651,  eff.  1-1-99;  91-12,  eff.  1-1-00;
24    91-357, eff. 7-29-99; 91-434, eff. 1-1-00; revised 8-30-99.)

25                             ARTICLE 40

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

28        (720 ILCS 5/12-6.1) (from Ch. 38, par. 12-6.1)
29        Sec.   12-6.1.  Compelling   organization  membership  of
30    persons. A person who expressly or impliedly threatens to  do
31    bodily  harm  or does bodily harm to an individual or to that
 
SB1365 Enrolled             -49-               LRB9111410RCpk
 1    individual's family or uses  any  other  criminally  unlawful
 2    means  to  solicit  or cause any person to join, or deter any
 3    person  from  leaving,  any   organization   or   association
 4    regardless of the nature of such organization or association,
 5    is guilty of a Class 2 felony.
 6        Any  person of the age of 18 years or older who expressly
 7    or impliedly threatens to do bodily harm or does bodily  harm
 8    to  a  person  under  18  years  of  age  or  uses  any other
 9    criminally unlawful means to  solicit  or  cause  any  person
10    under  18  years of age to join, or deter any person under 18
11    years of age from leaving, any  organization  or  association
12    regardless  of the nature of such organization or association
13    is guilty of a Class 1 felony.
14        A person convicted of an offense under this Section shall
15    not  be  eligible  to  receive  a  sentence   of   probation,
16    conditional discharge, or periodic imprisonment.
17    (Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 1-1-96; 89-314,
18    eff. 1-1-96; 89-626, eff. 8-9-96.)

19                             ARTICLE 50

20        Section  50-5.   The  Criminal Code of 1961 is amended by
21    re-enacting Sections 11-14, 11-14.1, 11-16,  11-19,  11-19.1,
22    11-19.2, 24-3, 24-3.1, 33A-1, 33A-3, and 33F-1 as follows:

23        (720 ILCS 5/11-14) (from Ch. 38, par. 11-14)
24        Sec. 11-14.  Prostitution.
25        (a)  Any person who performs, offers or agrees to perform
26    any  act of sexual penetration as defined in Section 12-12 of
27    this Code for any money, property, token, object, or  article
28    or  anything of value, or any touching or fondling of the sex
29    organs of one  person  by  another  person,  for  any  money,
30    property, token, object, or article or anything of value, for
31    the purpose of sexual arousal or gratification commits an act
 
SB1365 Enrolled             -50-               LRB9111410RCpk
 1    of prostitution.
 2        (b)  Sentence.
 3        Prostitution is a Class A misdemeanor. A person convicted
 4    of  a  second  or subsequent violation of this Section, or of
 5    any combination of such  number  of  convictions  under  this
 6    Section  and Sections 11-15 , 11-17, 11-18, 11-18.1 and 11-19
 7    of this Code is guilty of a Class 4 felony. When a person has
 8    one or more prior convictions, the information or  indictment
 9    charging  that person shall state such prior conviction so as
10    to give notice of the State's intention to treat  the  charge
11    as  a  felony.  The  fact  of such prior conviction is not an
12    element of the offense and may not be disclosed to  the  jury
13    during  trial  unless  otherwise permitted by issues properly
14    raised during such trial.
15        (c)  A person who violates this Section within 1,000 feet
16    of real property  comprising  a  school  commits  a  Class  4
17    felony.
18    (Source:  P.A.  91-274,  eff.  1-1-00;  91-498,  eff. 1-1-00;
19    revised 10-20-99.)

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

32        (720 ILCS 5/11-16) (from Ch. 38, par. 11-16)
 
SB1365 Enrolled             -51-               LRB9111410RCpk
 1        Sec. 11-16. Pandering.
 2        (a)  Any  person  who  performs any of the following acts
 3    for  any  money,  property,  token,  object,  or  article  or
 4    anything of value commits pandering:
 5             (1)  Compels a person to become a prostitute; or
 6             (2)  Arranges or offers to arrange  a  situation  in
 7        which a person may practice prostitution.
 8        (b)  Sentence.
 9        Pandering  by  compulsion  is a Class 4 felony. Pandering
10    other than by compulsion is a Class 4 felony.
11        (c)  A person who violates this Section within 1,000 feet
12    of real property  comprising  a  school  commits  a  Class  3
13    felony.
14    (Source: P.A. 91-274, eff. 1-1-00.)

15        (720 ILCS 5/11-19) (from Ch. 38, par. 11-19)
16        Sec. 11-19.  Pimping.
17        (a)  Any  person who receives any money, property, token,
18    object, or article or anything of value  from  a  prostitute,
19    not  for  a  lawful  consideration,  knowing it was earned in
20    whole or in part from the practice of  prostitution,  commits
21    pimping.
22        (b)  Sentence.
23        Pimping is a Class A misdemeanor. A person convicted of a
24    second  or  subsequent  violation  of this Section, or of any
25    combination of such number of convictions under this  Section
26    and  Sections  11-14, 11-15, 11-17, 11-18 and 11-18.1 of this
27    Code is guilty of a Class 4 felony.  When a person has one or
28    more  prior  convictions,  the  information   or   indictment
29    charging  that person shall state such prior conviction so as
30    to give notice of the State's intention to treat  the  charge
31    as  a  felony.  The fact of such conviction is not an element
32    of the offense and may not be disclosed to  the  jury  during
33    trial  unless  otherwise  permitted by issues properly raised
 
SB1365 Enrolled             -52-               LRB9111410RCpk
 1    during such trial.
 2        (c)  A person who violates this Section within 1,000 feet
 3    of real property  comprising  a  school  commits  a  Class  4
 4    felony.
 5    (Source:  P.A.  91-274,  eff.  1-1-00;  91-498,  eff. 1-1-00;
 6    revised 10-20-99.)

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

24        (720 ILCS 5/11-19.2) (from Ch. 38, par. 11-19.2)
25        Sec. 11-19.2.  Exploitation of a child.
26        (A)  A person commits exploitation of a child when he  or
27    she   confines   a   child   under   the  age  of  16  or  an
28    institutionalized severely or  profoundly  mentally  retarded
29    person against his or her will by the infliction or threat of
30    imminent   infliction   of   great   bodily  harm,  permanent
31    disability or disfigurement or by administering to the  child
32    or  an  institutionalized  severely  or  profoundly  mentally
 
SB1365 Enrolled             -53-               LRB9111410RCpk
 1    retarded  person  without  his or her consent or by threat or
 2    deception and for other than medical purposes, any  alcoholic
 3    intoxicant  or  a  drug as defined in the Illinois Controlled
 4    Substances Act or the Cannabis Control Act and:
 5             (1)  compels  the  child  or  an   institutionalized
 6        severely or profoundly mentally retarded person to become
 7        a prostitute; or
 8             (2)  arranges  a  situation in which the child or an
 9        institutionalized   severely   or   profoundly   mentally
10        retarded person may practice prostitution; or
11             (3)  receives any money, property, token, object, or
12        article or  anything  of  value  from  the  child  or  an
13        institutionalized   severely   or   profoundly   mentally
14        retarded  person  knowing  it was obtained in whole or in
15        part from the practice of prostitution.
16        (B)  For purposes of this Section,  administering  drugs,
17    as defined in subsection (A), or an alcoholic intoxicant to a
18    child under the age of 13 or an institutionalized severely or
19    profoundly  mentally  retarded  person  shall be deemed to be
20    without consent if such administering  is  done  without  the
21    consent of the parents or legal guardian.
22        (C)  Exploitation of a child is a Class X felony.
23        (D)  Any  person  convicted under this Section is subject
24    to the forfeiture provisions of Section 11-20.1A of this Act.
25    (Source: P.A. 91-357, eff. 7-29-99.)

26        (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
27        Sec. 24-3.  Unlawful Sale of Firearms.
28        (A)  A person commits the offense  of  unlawful  sale  of
29    firearms when he or she knowingly does any of the following:
30             (a)  Sells  or gives any firearm of a size which may
31        be concealed upon the person to any person under 18 years
32        of age.; or
33             (b)  Sells or gives any firearm to a person under 21
 
SB1365 Enrolled             -54-               LRB9111410RCpk
 1        years of age who has  been  convicted  of  a  misdemeanor
 2        other than a traffic offense or adjudged delinquent.; or
 3             (c)  Sells  or  gives  any  firearm  to any narcotic
 4        addict.; or
 5             (d)  Sells or gives any firearm to  any  person  who
 6        has  been convicted of a felony under the laws of this or
 7        any other jurisdiction.; or
 8             (e)  Sells or gives any firearm to  any  person  who
 9        has been a patient in a mental hospital within the past 5
10        years.; or
11             (f)  Sells  or  gives any firearms to any person who
12        is mentally retarded.; or
13             (g)  Delivers any firearm of a  size  which  may  be
14        concealed  upon the person, incidental to a sale, without
15        withholding delivery of such  firearm  for  at  least  72
16        hours  after  application for its purchase has been made,
17        or  delivers  any  rifle,  shotgun  or  other  long  gun,
18        incidental to a sale,  without  withholding  delivery  of
19        such  rifle,  shotgun  or  other long gun for at least 24
20        hours after application for its purchase has  been  made.
21        However,  this paragraph (g) does shall not apply to: (1)
22        the sale of a firearm to a law enforcement officer  or  a
23        person  who  desires  to  purchase  a  firearm for use in
24        promoting the public interest  incident  to  his  or  her
25        employment  as  a bank guard, armed truck guard, or other
26        similar employment; or (2) a mail order sale of a firearm
27        to a nonresident of Illinois under which the  firearm  is
28        mailed  to a point outside the boundaries of Illinois; or
29        (3) the sale of a firearm to a  nonresident  of  Illinois
30        while  at  a firearm showing or display recognized by the
31        Illinois Department of State Police; or (4) the sale of a
32        firearm to a dealer licensed under the  Federal  Firearms
33        Act of the United States.; or
34             (h)  While  holding  any  license  under the federal
 
SB1365 Enrolled             -55-               LRB9111410RCpk
 1        "Gun Control Act of  1968",  as  amended,  as  a  dealer,
 2        importer,  manufacturer  or  pawnbroker under the federal
 3        Gun Control Act of 1968,; manufactures, sells or delivers
 4        to any unlicensed  person  a  handgun  having  a  barrel,
 5        slide,  frame  or receiver which is a die casting of zinc
 6        alloy or any other nonhomogeneous metal which  will  melt
 7        or  deform  at  a  temperature  of  less than 800 degrees
 8        Fahrenheit.   For  purposes  of   this   paragraph,   (1)
 9        "firearm"   is   defined   as   in   the  Firearm  Owners
10        Identification  Card  Act  "An  Act   relating   to   the
11        acquisition,  possession  and  transfer  of  firearms and
12        firearm  ammunition,  to  provide  a  penalty   for   the
13        violation   thereof  and  to  make  an  appropriation  in
14        connection  therewith",  approved  August  3,  1967,   as
15        amended;  and  (2)  "handgun"  is  defined  as  a firearm
16        designed to be held and fired by  the  use  of  a  single
17        hand, and includes a combination of parts from which such
18        a firearm can be assembled.; or
19             (i)  Sells  or  gives  a  firearm of any size to any
20        person under 18 years of age who does not possess a valid
21        Firearm Owner's Identification Card.
22        (B)  (j)  Paragraph  (h)  of  subsection  (A)  does  this
23    Section shall not include firearms sold within 6 months after
24    enactment of Public Act 78-355  (approved  August  21,  1973,
25    effective  October  1, 1973) this amendatory Act of 1973, nor
26    is shall any  firearm  legally  owned  or  possessed  by  any
27    citizen or purchased by any citizen within 6 months after the
28    enactment of Public Act 78-355 this amendatory Act of 1973 be
29    subject  to  confiscation  or seizure under the provisions of
30    that Public this amendatory Act of 1973.  Nothing  in  Public
31    Act  78-355 this amendatory Act of 1973 shall be construed to
32    prohibit the gift or trade of any firearm if that firearm was
33    legally held or acquired within 6 months after the  enactment
34    of that Public this amendatory Act of 1973.
 
SB1365 Enrolled             -56-               LRB9111410RCpk
 1        (C) (k)  Sentence.
 2             (1)  Any   person  convicted  of  unlawful  sale  of
 3        firearms in violation of any of  paragraphs  (c)  through
 4        (h) of subsection (A) commits a Class 4 felony.
 5             (2)  Any   person  convicted  of  unlawful  sale  of
 6        firearms  in  violation  of  paragraph  (b)  or  (i)   of
 7        subsection (A) commits a Class 3 felony.
 8             (3)  Any   person  convicted  of  unlawful  sale  of
 9        firearms in violation of paragraph (a) of subsection  (A)
10        commits a Class 2 felony.
11             (4)  Any   person  convicted  of  unlawful  sale  of
12        firearms in violation of paragraph (a), (b),  or  (i)  of
13        subsection  (A)  in  any  school,  on  the  real property
14        comprising a  school,  within  1,000  feet  of  the  real
15        property   comprising  a  school,  at  a  school  related
16        activity, or on or within 1,000 feet  of  any  conveyance
17        owned,  leased,  or  contracted  by  a  school  or school
18        district to transport students to or  from  school  or  a
19        school related activity, regardless of the time of day or
20        time  of  year  at  which that the offense was committed,
21        commits a Class 1 felony.   Any  person  convicted  of  a
22        second  or  subsequent  violation  of  unlawful  sale  of
23        firearms  in  violation  of paragraph (a), (b), or (i) of
24        subsection (A)  in  any  school,  on  the  real  property
25        comprising  a  school,  within  1,000  feet  of  the real
26        property  comprising  a  school,  at  a  school   related
27        activity,  or  on  or within 1,000 feet of any conveyance
28        owned, leased,  or  contracted  by  a  school  or  school
29        district  to  transport  students  to or from school or a
30        school related activity, regardless of the time of day or
31        time of year at which that  the  offense  was  committed,
32        commits  a Class 1 felony for which the sentence shall be
33        a term of imprisonment of no less than  5  years  and  no
34        more than 15 years.
 
SB1365 Enrolled             -57-               LRB9111410RCpk
 1             (5)  Any   person  convicted  of  unlawful  sale  of
 2        firearms  in  violation  of  paragraph  (a)  or  (i)   of
 3        subsection  (A)  in residential property owned, operated,
 4        or managed by a public housing  agency  or  leased  by  a
 5        public  housing  agency  as  part  of a scattered site or
 6        mixed-income  development,  in  a  public  park,   in   a
 7        courthouse,  on  residential property owned, operated, or
 8        managed by a public housing agency or leased by a  public
 9        housing   agency   as   part   of  a  scattered  site  or
10        mixed-income development, on the real property comprising
11        any public park, on  the  real  property  comprising  any
12        courthouse, or on any public way within 1,000 feet of the
13        real  property comprising any public park, courthouse, or
14        residential property owned, operated,  or  managed  by  a
15        public  housing  agency  or  leased  by  a public housing
16        agency as  part  of  a  scattered  site  or  mixed-income
17        development commits a Class 2 felony.
18        (D) (6)  For purposes of this Section:
19        "School"   means   a  public  or  private  elementary  or
20    secondary school, community college, college, or university.
21        "School related activity"  means  any  sporting,  social,
22    academic, or other activity for which students' attendance or
23    participation  is sponsored, organized, or funded in whole or
24    in part by a school or school district.
25    (Source: P.A. 91-12,  eff.  1-1-00;  91-673,  eff.  12-22-99;
26    revised 1-7-00.)

27        (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
28        Sec. 24-3.1.  Unlawful possession of firearms and firearm
29    ammunition.
30        (a)  A  person commits the offense of unlawful possession
31    of firearms or firearm ammunition when:
32             (1)  He is under 18 years of  age  and  has  in  his
33        possession  any  firearm of a size which may be concealed
 
SB1365 Enrolled             -58-               LRB9111410RCpk
 1        upon the person; or
 2             (2)  He is under 21 years of age, has been convicted
 3        of a misdemeanor other than a traffic offense or adjudged
 4        delinquent and has any firearms or firearm ammunition  in
 5        his possession; or
 6             (3)  He is a narcotic addict and has any firearms or
 7        firearm ammunition in his possession; or
 8             (4)  He  has  been  a  patient  in a mental hospital
 9        within the past 5 years and has any firearms  or  firearm
10        ammunition in his possession; or
11             (5)  He is mentally retarded and has any firearms or
12        firearm ammunition in his possession; or
13             (6)  He has in his possession any explosive bullet.
14        For  purposes  of this paragraph "explosive bullet" means
15    the projectile  portion  of  an  ammunition  cartridge  which
16    contains  or  carries  an explosive charge which will explode
17    upon contact  with  the  flesh  of  a  human  or  an  animal.
18    "Cartridge"  means  a  tubular metal case having a projectile
19    affixed at the front thereof and a cap or primer at the  rear
20    end  thereof,  with  the  propellant  contained  in such tube
21    between the projectile and the cap; or
22        (b)  Sentence.
23        Unlawful possession of firearms, other than handguns, and
24    firearm  ammunition  is  a  Class  A  misdemeanor.   Unlawful
25    possession of handguns is a Class 4 felony.
26    (Source: P.A. 88-680, eff. 1-1-95.)

27        (720 ILCS 5/33A-1) (from Ch. 38, par. 33A-1)
28        Sec. 33A-1. Legislative intent and definitions.
29        (a)  Legislative  findings.  The  legislature  finds  and
30    declares the following:
31             (1)  The use of a dangerous weapon in the commission
32        of a felony offense poses a much greater  threat  to  the
33        public  health,  safety, and general welfare, than when a
 
SB1365 Enrolled             -59-               LRB9111410RCpk
 1        weapon is not used in the commission of the offense.
 2             (2)  Further,  the  use   of   a   firearm   greatly
 3        facilitates  the commission of a criminal offense because
 4        of the more lethal nature of a firearm  and  the  greater
 5        perceived threat produced in those confronted by a person
 6        wielding  a  firearm. Unlike other dangerous weapons such
 7        as knives  and  clubs,  the  use  of  a  firearm  in  the
 8        commission  of  a  criminal  felony offense significantly
 9        escalates the threat and the potential for  bodily  harm,
10        and  the  greater  range  of  the  firearm  increases the
11        potential for harm to more  persons.  Not  only  are  the
12        victims  and bystanders at greater risk when a firearm is
13        used, but also the law  enforcement officers  whose  duty
14        is to confront and apprehend the armed suspect.
15             (3)  Current law does contain offenses involving the
16        use  or  discharge  of  a gun toward or against a person,
17        such as aggravated battery  with  a  firearm,  aggravated
18        discharge  of  a  firearm,  and  reckless  discharge of a
19        firearm; however, the  General  Assembly  has  legislated
20        greater penalties for the commission of a felony while in
21        possession  of  a  firearm  because it deems such acts as
22        more serious.
23        (b)  Legislative intent.
24             (1)  In order to deter the use of  firearms  in  the
25        commission  of  a  felony  offense,  the General Assembly
26        deems it appropriate for a greater penalty to be  imposed
27        when a firearm is used or discharged in the commission of
28        an offense than the penalty imposed for using other types
29        of  weapons  and  for  the  penalty  to  increase on more
30        serious offenses.
31             (2)  With the additional elements of  the  discharge
32        of a firearm and great bodily harm inflicted by a firearm
33        being  added  to  armed violence and other serious felony
34        offenses, it is the intent of  the  General  Assembly  to
 
SB1365 Enrolled             -60-               LRB9111410RCpk
 1        punish  those elements more severely during commission of
 2        a felony offense than when those elements stand alone  as
 3        the act of the offender.
 4             (3)  It  is  the intent of the 91st General Assembly
 5        that   should   Public    Act    88-680    be    declared
 6        unconstitutional  for a violation of Article 4, Section 8
 7        of the 1970 Constitution of the State  of  Illinois,  the
 8        amendatory  changes  made by Public Act 88-680 to Article
 9        33A of the Criminal Code of 1961 and which are set  forth
10        as  law  in  this  amendatory  Act  of  the  91st General
11        Assembly are hereby reenacted by this amendatory  Act  of
12        the 91st General Assembly.
13        (c)  Definitions.
14             (1)  "Armed  with  a  dangerous weapon". A person is
15        considered armed with a dangerous weapon for purposes  of
16        this  Article,  when he or she carries on or about his or
17        her person or is  otherwise  armed  with  a  Category  I,
18        Category II, or Category III weapon.
19             (2)  A  Category  I  weapon  is a handgun, sawed-off
20        shotgun, sawed-off rifle, any other firearm small  enough
21        to  be  concealed upon the person, semiautomatic firearm,
22        or machine gun.  A Category II weapon is any other rifle,
23        shotgun, spring gun, other firearm, stun gun or taser  as
24        defined  in  paragraph  (a) of Section 24-1 of this Code,
25        knife with a blade  of  at  least  3  inches  in  length,
26        dagger,  dirk, switchblade knife, stiletto, axe, hatchet,
27        or other deadly or dangerous weapon or instrument of like
28        character.  As used in this subsection (b) "semiautomatic
29        firearm"  means  a  repeating  firearm  that  utilizes  a
30        portion of the energy of a firing  cartridge  to  extract
31        the  fired  cartridge case and chamber the next round and
32        that requires a separate pull of the trigger to fire each
33        cartridge.
34             (3)  A  Category   III   weapon   is   a   bludgeon,
 
SB1365 Enrolled             -61-               LRB9111410RCpk
 1        black-jack,   slungshot,   sand-bag,   sand-club,   metal
 2        knuckles,  billy,  or  other  dangerous  weapon  of  like
 3        character.
 4    (Source: P.A. 91-404, eff. 1-1-00.)

 5        (720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
 6        Sec. 33A-3. Sentence.
 7        (a)  Violation  of  Section  33A-2(a)  with  a Category I
 8    weapon is a Class X felony for which the defendant  shall  be
 9    sentenced to a minimum term of imprisonment of 15 years.
10        (a-5)  Violation  of  Section 33A-2(a) with a Category II
11    weapon is a Class X felony for which the defendant  shall  be
12    sentenced to a minimum term of imprisonment of 10 years.
13        (b)  Violation  of  Section  33A-2(a) with a Category III
14    weapon is a Class  2  felony  or  the  felony  classification
15    provided  for  the  same act while unarmed, whichever permits
16    the greater penalty.   A second or  subsequent  violation  of
17    Section  33A-2(a)  with  a  Category  III weapon is a Class 1
18    felony or the felony classification provided for the same act
19    while unarmed, whichever permits the greater penalty.
20        (b-5)  Violation of Section 33A-2(b) with a firearm  that
21    is a Category I or Category II weapon is a Class X felony for
22    which  the  defendant shall be sentenced to a minimum term of
23    imprisonment of 20 years.
24        (b-10)  Violation of Section 33A-2(c) with a firearm that
25    is a Category I or Category II weapon is a Class X felony for
26    which  the  defendant  shall  be  sentenced  to  a  term   of
27    imprisonment  of  not  less  than  25  years nor more than 40
28    years.
29        (c)  Unless sentencing under Section 33B-1 is applicable,
30    any person who violates subsection  (a)  or  (b)  of  Section
31    33A-2  with a firearm, when that person has been convicted in
32    any state or federal court of 3  or  more  of  the  following
33    offenses: treason, first degree murder, second degree murder,
 
SB1365 Enrolled             -62-               LRB9111410RCpk
 1    predatory  criminal  sexual  assault  of  a child, aggravated
 2    criminal sexual assault, criminal  sexual  assault,  robbery,
 3    burglary,  arson,  kidnaping, aggravated battery resulting in
 4    great bodily harm or permanent disability  or  disfigurement,
 5    or  a  violation of Section 401(a) of the Illinois Controlled
 6    Substances Act, when the third offense  was  committed  after
 7    conviction  on  the  second, the second offense was committed
 8    after conviction on the first, and the violation  of  Section
 9    33A-2  was  committed after conviction on the third, shall be
10    sentenced to a term of imprisonment of not less than 25 years
11    nor more than 50 years.
12        (c-5)  Except as otherwise provided in  paragraph  (b-10)
13    or  (c)  of  this  Section,  a  person  who  violates Section
14    33A-2(a) with a firearm  that  is  a  Category  I  weapon  or
15    Section  33A-2(b)  in  any  school,  in any conveyance owned,
16    leased, or contracted by a school to transport students to or
17    from school or a school related  activity,  or  on  the  real
18    property  comprising any school or public park, and where the
19    offense was related to the activities of an  organized  gang,
20    shall be sentenced to a term of imprisonment of not less than
21    the  term  set  forth  in  subsection  (a)  or  (b-5) of this
22    Section, whichever is applicable, and not more than 30 years.
23    For the purposes of this subsection (c-5),  "organized  gang"
24    has  the meaning ascribed to it in Section 10 of the Illinois
25    Streetgang Terrorism Omnibus Prevention Act.
26        (d)  For armed violence based upon  a  predicate  offense
27    listed  in  this  subsection  (d)  the  court shall enter the
28    sentence for armed  violence  to  run  consecutively  to  the
29    sentence  imposed  for  the  predicate  offense. The offenses
30    covered by this provision are:
31             (i)  solicitation of murder,
32             (ii)  solicitation of murder for hire,
33             (iii)  heinous battery,
34             (iv)  aggravated battery of a senior citizen,
 
SB1365 Enrolled             -63-               LRB9111410RCpk
 1             (v)  criminal sexual assault,
 2             (vi)  a violation of subsection (g) of  Section 5 of
 3        the Cannabis Control Act,
 4             (vii)  cannabis trafficking,
 5             (viii)  a violation of subsection (a) of Section 401
 6        of the Illinois Controlled Substances Act,
 7             (ix)  controlled substance trafficking  involving  a
 8        Class  X  felony  amount  of  controlled  substance under
 9        Section 401 of the Illinois Controlled Substances Act,
10             (x)  calculated criminal drug conspiracy, or
11             (xi)  streetgang criminal drug conspiracy.
12    (Source: P.A. 91-404, eff. 1-1-00.)

13        (720 ILCS 5/33F-1) (from Ch. 38, par. 33F-1)
14        Sec. 33F-1.  Definitions.  For purposes of this Article:
15        (a)  "Body Armor" means any one of the following:
16             (1)  A military style flak or tactical assault  vest
17        which  is made of Kevlar or any other similar material or
18        metal, fiberglass, plastic, and nylon plates and designed
19        to be worn over one's clothing for the  intended  purpose
20        of  stopping  not  only missile fragmentation from mines,
21        grenades, mortar shells and artillery fire but also  fire
22        from rifles, machine guns, and small arms.
23             (2)  Soft  body armor which is made of Kevlar or any
24        other similar material or metal  or  any  other  type  of
25        insert and which is lightweight and pliable and which can
26        be easily concealed under a shirt.
27             (3)  A  military style recon/surveillance vest which
28        is made of Kevlar or any other similar material and which
29        is  lightweight  and  designed  to  be  worn  over  one's
30        clothing.
31             (4)  Protective casual clothing  which  is  made  of
32        Kevlar  or  any  other  similar  material  and  which was
33        originally  intended  to  be  used  by   undercover   law
 
SB1365 Enrolled             -64-               LRB9111410RCpk
 1        enforcement  officers  or  dignitaries and is designed to
 2        look like jackets, coats,  raincoats,  quilted  or  three
 3        piece suit vests.
 4        (b)  "Dangerous  weapon" means a Category I, Category II,
 5    or Category III weapon as defined in Section  33A-1  of  this
 6    Code.
 7    (Source: P.A. 87-521; 88-680, eff. 1-1-95.)

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

10        (720 ILCS 150/5.1) (from Ch. 23, par. 2355.1)
11        Sec. 5.1.  A. A parent, step-parent, legal  guardian,  or
12    other  person  having custody of a child who knowingly allows
13    or permits an act of criminal sexual abuse or criminal sexual
14    assault as defined in Section 12-13, 12-14, 12-14.1, 12-15 or
15    12-16 of the Criminal Code of 1961, upon his or her child, or
16    knowingly permits, induces, promotes,  or  arranges  for  the
17    child  to  engage in prostitution as defined in Section 11-14
18    of the Criminal Code of 1961, and fails  to  take  reasonable
19    steps to prevent its commission or future occurrences of such
20    acts  commits the offense of permitting the sexual abuse of a
21    child.  For purposes of this Section, "child" means  a  minor
22    under the age of 17 years.
23        B.  Any  person  convicted of permitting the sexual abuse
24    of a child is guilty of a Class 1 felony.
25    (Source: P.A. 88-680, eff.  1-1-95;  89-428,  eff.  12-13-95;
26    89-462, eff. 5-29-96.)

27                             ARTICLE 990

28        Section 990-1.  Severability.  The provisions of this Act
29    are severable under Section 1.31 of the Statute on Statutes.
 
SB1365 Enrolled             -65-               LRB9111410RCpk
 1                             ARTICLE 999

 2        Section  999-1.  Effective  date.   This Act takes effect
 3    upon becoming law.

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