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| [ Senate Amendment 001 ] |
91_SB0224ham001
LRB9100882WHdvam03
1 AMENDMENT TO SENATE BILL 224
2 AMENDMENT NO. . Amend Senate Bill 224 by replacing
3 everything above the enacting clause with the following:
4 "AN ACT to re-enact various criminal provisions of Public
5 Act 88-680 and to amend the Criminal Code of 1961 and the
6 Criminal Identification Act."; and
7 by replacing everything below the enacting clause with the
8 following:
9 "Section 1. Purpose.
10 (1) The General Assembly finds and declares that:
11 (i) Public Act 88-680, effective January 1, 1995,
12 contained provisions amending various criminal statutes.
13 Public Act 88-680 also contained other provisions.
14 (ii) In addition, Public Act 88-680 was entitled
15 "AN ACT to create a Safe Neighborhoods Law". (A) Article
16 5 was entitled JUVENILE JUSTICE and amended the Juvenile
17 Court Act of 1987. (B) Article 15 was entitled GANGS and
18 amended various provisions of the Criminal Code of 1961
19 and the Unified Code of Corrections. (C) Article 20 was
20 entitled ALCOHOL ABUSE and amended various provisions of
21 the Illinois Vehicle Code. (D) Article 25 was entitled
22 DRUG ABUSE and amended the Cannabis Control Act and the
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1 Illinois Controlled Substances Act. (E) Article 30 was
2 entitled FIREARMS and amended the Criminal Code of 1961
3 and the Code of Criminal Procedure of 1963. (F) Article
4 35 amended the Criminal Code of 1961, the Rights of Crime
5 Victims and Witnesses Act, and the Unified Code of
6 Corrections. (G) Article 40 amended the Criminal Code of
7 1961 to increase the penalty for compelling organization
8 membership of persons. (H) Article 45 created the Secure
9 Residential Youth Care Facility Licensing Act and amended
10 the State Finance Act, the Juvenile Court Act of 1987,
11 the Unified Code of Corrections, and the Private
12 Correctional Facility Moratorium Act. (I) Article 50
13 amended the WIC Vendor Management Act, the Firearm Owners
14 Identification Card Act, the Juvenile Court Act of 1987,
15 the Criminal Code of 1961, the Wrongs to Children Act,
16 and the Unified Code of Corrections.
17 (iii) On December 2, 1999, the Illinois Supreme
18 Court, in People v. Cervantes, Docket No. 87229, ruled
19 that Public Act 88-680 violates the single subject clause
20 of the Illinois Constitution (Article IV, Section 8 (d))
21 and was unconstitutional in its entirety.
22 (iv) The criminal provisions of Public Act 88-680
23 are of vital concern to the people of this State and
24 legislative action concerning various criminal provisions
25 of Public Act 88-680 is necessary.
26 (2) It is the purpose of this Act to re-enact various
27 criminal provisions (other than provisions relating to child
28 pornography and WIC Fraud that have been re-enacted by Public
29 Acts 91-54 and 91-155 and provisions amending Section 6 of
30 the Firearm Owners Identification Act) contained in Public
31 Act 88-680, including subsequent amendments. This
32 re-enactment is intended to remove any question as to the
33 validity or content of those provisions.
34 (3) This Act re-enacts various criminal provisions
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1 (other than provisions relating to child pornography and WIC
2 Fraud that have been re-enacted by Public Acts 91-54 and
3 91-155 and provisions amending Section 6 of the Firearm
4 Owners Identification Act) contained in Public Act 88-680,
5 including subsequent amendments, to remove any question as to
6 the validity or content of those provisions; it is not
7 intended to supersede any other Public Act that amends the
8 text of the Sections as set forth in this Act. The material
9 is shown as existing text (i.e., without underscoring),
10 except (i) for technical changes having a revisory function
11 and (ii) as provided in subsection (4).
12 (4) In addition to re-enacting Section 24-1 of the
13 Criminal Code of 1961, this Act amends that Section. This
14 Act also amends the Criminal Identification Act by changing
15 Section 5. The amendments are shown by underscoring and
16 striking text.
17 ARTICLE 15. GANGS
18 Section 15-5. The Criminal Code of 1961 is amended by
19 re-enacting Sections 12-6, 32-4, and 32-4a as follows:
20 (720 ILCS 5/12-6) (from Ch. 38, par. 12-6)
21 Sec. 12-6. Intimidation.
22 (a) A person commits intimidation when, with intent to
23 cause another to perform or to omit the performance of any
24 act, he communicates to another, whether in person, by
25 telephone or by mail, a threat to perform without lawful
26 authority any of the following acts:
27 (1) Inflict physical harm on the person threatened
28 or any other person or on property; or
29 (2) Subject any person to physical confinement or
30 restraint; or
31 (3) Commit any criminal offense; or
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1 (4) Accuse any person of an offense; or
2 (5) Expose any person to hatred, contempt or
3 ridicule; or
4 (6) Take action as a public official against anyone
5 or anything, or withhold official action, or cause such
6 action or withholding; or
7 (7) Bring about or continue a strike, boycott or
8 other collective action.
9 (b) Sentence.
10 Intimidation is a Class 3 felony for which an offender
11 may be sentenced to a term of imprisonment of not less than 2
12 years and not more than 10 years.
13 (Source: P.A. 88-680, eff. 1-1-95.)
14 (720 ILCS 5/32-4) (from Ch. 38, par. 32-4)
15 Sec. 32-4. Communicating with jurors and witnesses.
16 (a) A person who, with intent to influence any person
17 whom he believes has been summoned as a juror, regarding any
18 matter which is or may be brought before such juror,
19 communicates, directly or indirectly, with such juror
20 otherwise than as authorized by law commits a Class 4 felony.
21 (b) A person who, with intent to deter any party or
22 witness from testifying freely, fully and truthfully to any
23 matter pending in any court, or before a Grand Jury,
24 Administrative agency or any other State or local
25 governmental unit, forcibly detains such party or witness, or
26 communicates, directly or indirectly, to such party or
27 witness any knowingly false information or a threat of injury
28 or damage to the property or person of any individual or
29 offers or delivers or threatens to withhold money or another
30 thing of value to any individual commits a Class 3 felony.
31 (Source: P.A. 88-680, eff. 1-1-95; 89-377, eff. 8-18-95.)
32 (720 ILCS 5/32-4a) (from Ch. 38, par. 32-4a)
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1 Sec. 32-4a. Harassment of representatives for the child,
2 jurors, witnesses and family members of representatives for
3 the child, jurors, and witnesses.
4 (a) A person who, with intent to harass or annoy one who
5 has served or is serving or who is a family member of a
6 person who has served or is serving (1) as a juror because of
7 the verdict returned by the jury in a pending legal
8 proceeding or the participation of the juror in the verdict
9 or (2) as a witness, or who may be expected to serve as a
10 witness in a pending legal proceeding, because of the
11 testimony or potential testimony of the witness, communicates
12 directly or indirectly with the juror, witness, or family
13 member of a juror or witness in such manner as to produce
14 mental anguish or emotional distress or who conveys a threat
15 of injury or damage to the property or person of any juror,
16 witness, or family member of the juror or witness commits a
17 Class 2 felony.
18 (b) A person who, with intent to harass or annoy one who
19 has served or is serving or who is a family member of a
20 person who has served or is serving as a representative for
21 the child, appointed under Section 506 of the Illinois
22 Marriage and Dissolution of Marriage Act, Section 12 of the
23 Uniform Child Custody Jurisdiction Act, or Section 2-502 of
24 the Code of Civil Procedure, because of the representative
25 service of that capacity, communicates directly or indirectly
26 with the representative or a family member of the
27 representative in such manner as to produce mental anguish or
28 emotional distress or who conveys a threat of injury or
29 damage to the property or person of any representative or a
30 family member of the representative commits a Class A
31 misdemeanor.
32 (c) For purposes of this Section, "family member" means
33 a spouse, parent, child, stepchild or other person related by
34 blood or by present marriage, a person who has, or allegedly
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1 has a child in common, and a person who shares or allegedly
2 shares a blood relationship through a child.
3 (Source: P.A. 89-686, eff. 6-1-97; 90-126, eff. 1-1-98.)
4 Section 15-15. The Unified Code of Corrections is
5 amended by re-enacting Sections 5-5-3.2, 5-6-3, and 5-6-3.1
6 as follows:
7 (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
8 Sec. 5-5-3.2. Factors in Aggravation.
9 (a) The following factors shall be accorded weight in
10 favor of imposing a term of imprisonment or may be considered
11 by the court as reasons to impose a more severe sentence
12 under Section 5-8-1:
13 (1) the defendant's conduct caused or threatened
14 serious harm;
15 (2) the defendant received compensation for
16 committing the offense;
17 (3) the defendant has a history of prior
18 delinquency or criminal activity;
19 (4) the defendant, by the duties of his office or
20 by his position, was obliged to prevent the particular
21 offense committed or to bring the offenders committing it
22 to justice;
23 (5) the defendant held public office at the time of
24 the offense, and the offense related to the conduct of
25 that office;
26 (6) the defendant utilized his professional
27 reputation or position in the community to commit the
28 offense, or to afford him an easier means of committing
29 it;
30 (7) the sentence is necessary to deter others from
31 committing the same crime;
32 (8) the defendant committed the offense against a
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1 person 60 years of age or older or such person's
2 property;
3 (9) the defendant committed the offense against a
4 person who is physically handicapped or such person's
5 property;
6 (10) by reason of another individual's actual or
7 perceived race, color, creed, religion, ancestry, gender,
8 sexual orientation, physical or mental disability, or
9 national origin, the defendant committed the offense
10 against (i) the person or property of that individual;
11 (ii) the person or property of a person who has an
12 association with, is married to, or has a friendship with
13 the other individual; or (iii) the person or property of
14 a relative (by blood or marriage) of a person described
15 in clause (i) or (ii). For the purposes of this Section,
16 "sexual orientation" means heterosexuality,
17 homosexuality, or bisexuality;
18 (11) the offense took place in a place of worship
19 or on the grounds of a place of worship, immediately
20 prior to, during or immediately following worship
21 services. For purposes of this subparagraph, "place of
22 worship" shall mean any church, synagogue or other
23 building, structure or place used primarily for religious
24 worship;
25 (12) the defendant was convicted of a felony
26 committed while he was released on bail or his own
27 recognizance pending trial for a prior felony and was
28 convicted of such prior felony, or the defendant was
29 convicted of a felony committed while he was serving a
30 period of probation, conditional discharge, or mandatory
31 supervised release under subsection (d) of Section 5-8-1
32 for a prior felony;
33 (13) the defendant committed or attempted to commit
34 a felony while he was wearing a bulletproof vest. For
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1 the purposes of this paragraph (13), a bulletproof vest
2 is any device which is designed for the purpose of
3 protecting the wearer from bullets, shot or other lethal
4 projectiles;
5 (14) the defendant held a position of trust or
6 supervision such as, but not limited to, family member as
7 defined in Section 12-12 of the Criminal Code of 1961,
8 teacher, scout leader, baby sitter, or day care worker,
9 in relation to a victim under 18 years of age, and the
10 defendant committed an offense in violation of Section
11 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
12 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
13 1961 against that victim;
14 (15) the defendant committed an offense related to
15 the activities of an organized gang. For the purposes of
16 this factor, "organized gang" has the meaning ascribed to
17 it in Section 10 of the Streetgang Terrorism Omnibus
18 Prevention Act;
19 (16) the defendant committed an offense in
20 violation of one of the following Sections while in a
21 school, regardless of the time of day or time of year; on
22 any conveyance owned, leased, or contracted by a school
23 to transport students to or from school or a school
24 related activity; on the real property of a school; or on
25 a public way within 1,000 feet of the real property
26 comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
27 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
28 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
29 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
30 1961;
31 (16.5) the defendant committed an offense in
32 violation of one of the following Sections while in a day
33 care center, regardless of the time of day or time of
34 year; on the real property of a day care center,
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1 regardless of the time of day or time of year; or on a
2 public way within 1,000 feet of the real property
3 comprising any day care center, regardless of the time of
4 day or time of year: 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 (17) the defendant committed the offense by reason
10 of any person's activity as a community policing
11 volunteer or to prevent any person from engaging in
12 activity as a community policing volunteer. For the
13 purpose of this Section, "community policing volunteer"
14 has the meaning ascribed to it in Section 2-3.5 of the
15 Criminal Code of 1961; or
16 (18) the defendant committed the offense in a
17 nursing home or on the real property comprising a nursing
18 home. For the purposes of this paragraph (18), "nursing
19 home" means a skilled nursing or intermediate long term
20 care facility that is subject to license by the Illinois
21 Department of Public Health under the Nursing Home Care
22 Act; or.
23 (19) (18) the defendant was a federally licensed
24 firearm dealer and was previously convicted of a
25 violation of subsection (a) of Section 3 of the Firearm
26 Owners Identification Card Act and has now committed
27 either a felony violation of the Firearm Owners
28 Identification Card Act or an act of armed violence while
29 armed with a firearm.
30 For the purposes of this Section:
31 "School" is defined as a public or private elementary or
32 secondary school, community college, college, or university.
33 "Day care center" means a public or private State
34 certified and licensed day care center as defined in Section
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1 2.09 of the Child Care Act of 1969 that displays a sign in
2 plain view stating that the property is a day care center.
3 (b) The following factors may be considered by the court
4 as reasons to impose an extended term sentence under Section
5 5-8-2 upon any offender:
6 (1) When a defendant is convicted of any felony,
7 after having been previously convicted in Illinois or any
8 other jurisdiction of the same or similar class felony or
9 greater class felony, when such conviction has occurred
10 within 10 years after the previous conviction, excluding
11 time spent in custody, and such charges are separately
12 brought and tried and arise out of different series of
13 acts; or
14 (2) When a defendant is convicted of any felony and
15 the court finds that the offense was accompanied by
16 exceptionally brutal or heinous behavior indicative of
17 wanton cruelty; or
18 (3) When a defendant is convicted of voluntary
19 manslaughter, second degree murder, involuntary
20 manslaughter or reckless homicide in which the defendant
21 has been convicted of causing the death of more than one
22 individual; or
23 (4) When a defendant is convicted of any felony
24 committed against:
25 (i) a person under 12 years of age at the time
26 of the offense or such person's property;
27 (ii) a person 60 years of age or older at the
28 time of the offense or such person's property; or
29 (iii) a person physically handicapped at the
30 time of the offense or such person's property; or
31 (5) In the case of a defendant convicted of
32 aggravated criminal sexual assault or criminal sexual
33 assault, when the court finds that aggravated criminal
34 sexual assault or criminal sexual assault was also
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1 committed on the same victim by one or more other
2 individuals, and the defendant voluntarily participated
3 in the crime with the knowledge of the participation of
4 the others in the crime, and the commission of the crime
5 was part of a single course of conduct during which there
6 was no substantial change in the nature of the criminal
7 objective; or
8 (6) When a defendant is convicted of any felony and
9 the offense involved any of the following types of
10 specific misconduct committed as part of a ceremony,
11 rite, initiation, observance, performance, practice or
12 activity of any actual or ostensible religious,
13 fraternal, or social group:
14 (i) the brutalizing or torturing of humans or
15 animals;
16 (ii) the theft of human corpses;
17 (iii) the kidnapping of humans;
18 (iv) the desecration of any cemetery,
19 religious, fraternal, business, governmental,
20 educational, or other building or property; or
21 (v) ritualized abuse of a child; or
22 (7) When a defendant is convicted of first degree
23 murder, after having been previously convicted in
24 Illinois of any offense listed under paragraph (c)(2) of
25 Section 5-5-3, when such conviction has occurred within
26 10 years after the previous conviction, excluding time
27 spent in custody, and such charges are separately brought
28 and tried and arise out of different series of acts; or
29 (8) When a defendant is convicted of a felony other
30 than conspiracy and the court finds that the felony was
31 committed under an agreement with 2 or more other persons
32 to commit that offense and the defendant, with respect to
33 the other individuals, occupied a position of organizer,
34 supervisor, financier, or any other position of
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1 management or leadership, and the court further finds
2 that the felony committed was related to or in
3 furtherance of the criminal activities of an organized
4 gang or was motivated by the defendant's leadership in an
5 organized gang; or
6 (9) When a defendant is convicted of a felony
7 violation of Section 24-1 of the Criminal Code of 1961
8 and the court finds that the defendant is a member of an
9 organized gang; or
10 (10) When a defendant committed the offense using a
11 firearm with a laser sight attached to it. For purposes
12 of this paragraph (10), "laser sight" has the meaning
13 ascribed to it in Section 24.6-5 of the Criminal Code of
14 1961; or.
15 (11) (10) When a defendant who was at least 17
16 years of age at the time of the commission of the offense
17 is convicted of a felony and has been previously
18 adjudicated a delinquent minor under the Juvenile Court
19 Act of 1987 for an act that if committed by an adult
20 would be a Class X or Class 1 felony when the conviction
21 has occurred within 10 years after the previous
22 adjudication, excluding time spent in custody.
23 (b-1) For the purposes of this Section, "organized gang"
24 has the meaning ascribed to it in Section 10 of the Illinois
25 Streetgang Terrorism Omnibus Prevention Act.
26 (c) The court may impose an extended term sentence under
27 Section 5-8-2 upon any offender who was convicted of
28 aggravated criminal sexual assault or predatory criminal
29 sexual assault of a child under subsection (a)(1) of Section
30 12-14.1 of the Criminal Code of 1961 where the victim was
31 under 18 years of age at the time of the commission of the
32 offense.
33 (d) The court may impose an extended term sentence under
34 Section 5-8-2 upon any offender who was convicted of unlawful
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1 use of weapons under Section 24-1 of the Criminal Code of
2 1961 for possessing a weapon that is not readily
3 distinguishable as one of the weapons enumerated in Section
4 24-1 of the Criminal Code of 1961.
5 (Source: P.A. 90-14, eff. 7-1-97; 90-651, eff. 1-1-99;
6 90-686, eff. 1-1-99; 91-119, eff. 1-1-00; 91-120, eff.
7 7-15-99; 91-252, eff. 1-1-00; 91-267, eff. 1-1-00; 91-268,
8 eff. 1-1-00; 91-357, eff. 7-29-99; 91-437, eff. 1-1-00;
9 revised 8-30-99.)
10 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
11 Sec. 5-6-3. Conditions of Probation and of Conditional
12 Discharge.
13 (a) The conditions of probation and of conditional
14 discharge shall be that the person:
15 (1) not violate any criminal statute of any
16 jurisdiction;
17 (2) report to or appear in person before such
18 person or agency as directed by the court;
19 (3) refrain from possessing a firearm or other
20 dangerous weapon;
21 (4) not leave the State without the consent of the
22 court or, in circumstances in which the reason for the
23 absence is of such an emergency nature that prior consent
24 by the court is not possible, without the prior
25 notification and approval of the person's probation
26 officer;
27 (5) permit the probation officer to visit him at
28 his home or elsewhere to the extent necessary to
29 discharge his duties;
30 (6) perform no less than 30 hours of community
31 service and not more than 120 hours of community service,
32 if community service is available in the jurisdiction and
33 is funded and approved by the county board where the
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1 offense was committed, where the offense was related to
2 or in furtherance of the criminal activities of an
3 organized gang and was motivated by the offender's
4 membership in or allegiance to an organized gang. The
5 community service shall include, but not be limited to,
6 the cleanup and repair of any damage caused by a
7 violation of Section 21-1.3 of the Criminal Code of 1961
8 and similar damage to property located within the
9 municipality or county in which the violation occurred.
10 When possible and reasonable, the community service
11 should be performed in the offender's neighborhood. For
12 purposes of this Section, "organized gang" has the
13 meaning ascribed to it in Section 10 of the Illinois
14 Streetgang Terrorism Omnibus Prevention Act;
15 (7) if he or she is at least 17 years of age and
16 has been sentenced to probation or conditional discharge
17 for a misdemeanor or felony in a county of 3,000,000 or
18 more inhabitants and has not been previously convicted of
19 a misdemeanor or felony, may be required by the
20 sentencing court to attend educational courses designed
21 to prepare the defendant for a high school diploma and to
22 work toward a high school diploma or to work toward
23 passing the high school level Test of General Educational
24 Development (GED) or to work toward completing a
25 vocational training program approved by the court. The
26 person on probation or conditional discharge must attend
27 a public institution of education to obtain the
28 educational or vocational training required by this
29 clause (7). The court shall revoke the probation or
30 conditional discharge of a person who wilfully fails to
31 comply with this clause (7). The person on probation or
32 conditional discharge shall be required to pay for the
33 cost of the educational courses or GED test, if a fee is
34 charged for those courses or test. The court shall
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1 resentence the offender whose probation or conditional
2 discharge has been revoked as provided in Section 5-6-4.
3 This clause (7) does not apply to a person who has a high
4 school diploma or has successfully passed the GED test.
5 This clause (7) does not apply to a person who is
6 determined by the court to be developmentally disabled or
7 otherwise mentally incapable of completing the
8 educational or vocational program; and
9 (8) if convicted of possession of a substance
10 prohibited by the Cannabis Control Act or Illinois
11 Controlled Substances Act after a previous conviction or
12 disposition of supervision for possession of a substance
13 prohibited by the Cannabis Control Act or Illinois
14 Controlled Substances Act or after a sentence of
15 probation under Section 10 of the Cannabis Control Act or
16 Section 410 of the Illinois Controlled Substances Act and
17 upon a finding by the court that the person is addicted,
18 undergo treatment at a substance abuse program approved
19 by the court.
20 (b) The Court may in addition to other reasonable
21 conditions relating to the nature of the offense or the
22 rehabilitation of the defendant as determined for each
23 defendant in the proper discretion of the Court require that
24 the person:
25 (1) serve a term of periodic imprisonment under
26 Article 7 for a period not to exceed that specified in
27 paragraph (d) of Section 5-7-1;
28 (2) pay a fine and costs;
29 (3) work or pursue a course of study or vocational
30 training;
31 (4) undergo medical, psychological or psychiatric
32 treatment; or treatment for drug addiction or alcoholism;
33 (5) attend or reside in a facility established for
34 the instruction or residence of defendants on probation;
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1 (6) support his dependents;
2 (7) and in addition, if a minor:
3 (i) reside with his parents or in a foster
4 home;
5 (ii) attend school;
6 (iii) attend a non-residential program for
7 youth;
8 (iv) contribute to his own support at home or
9 in a foster home;
10 (8) make restitution as provided in Section 5-5-6
11 of this Code;
12 (9) perform some reasonable public or community
13 service;
14 (10) serve a term of home confinement. In addition
15 to any other applicable condition of probation or
16 conditional discharge, the conditions of home confinement
17 shall be that the offender:
18 (i) remain within the interior premises of the
19 place designated for his confinement during the
20 hours designated by the court;
21 (ii) admit any person or agent designated by
22 the court into the offender's place of confinement
23 at any time for purposes of verifying the offender's
24 compliance with the conditions of his confinement;
25 and
26 (iii) if further deemed necessary by the court
27 or the Probation or Court Services Department, be
28 placed on an approved electronic monitoring device,
29 subject to Article 8A of Chapter V;
30 (iv) for persons convicted of any alcohol,
31 cannabis or controlled substance violation who are
32 placed on an approved monitoring device as a
33 condition of probation or conditional discharge, the
34 court shall impose a reasonable fee for each day of
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1 the use of the device, as established by the county
2 board in subsection (g) of this Section, unless
3 after determining the inability of the offender to
4 pay the fee, the court assesses a lesser fee or no
5 fee as the case may be. This fee shall be imposed in
6 addition to the fees imposed under subsections (g)
7 and (i) of this Section. The fee shall be collected
8 by the clerk of the circuit court. The clerk of the
9 circuit court shall pay all monies collected from
10 this fee to the county treasurer for deposit in the
11 substance abuse services fund under Section 5-1086.1
12 of the Counties Code; and
13 (v) for persons convicted of offenses other
14 than those referenced in clause (iv) above and who
15 are placed on an approved monitoring device as a
16 condition of probation or conditional discharge, the
17 court shall impose a reasonable fee for each day of
18 the use of the device, as established by the county
19 board in subsection (g) of this Section, unless
20 after determining the inability of the defendant to
21 pay the fee, the court assesses a lesser fee or no
22 fee as the case may be. This fee shall be imposed
23 in addition to the fees imposed under subsections
24 (g) and (i) of this Section. The fee shall be
25 collected by the clerk of the circuit court. The
26 clerk of the circuit court shall pay all monies
27 collected from this fee to the county treasurer who
28 shall use the monies collected to defray the costs
29 of corrections. The county treasurer shall deposit
30 the fee collected in the county working cash fund
31 under Section 6-27001 or Section 6-29002 of the
32 Counties Code, as the case may be.
33 (11) comply with the terms and conditions of an
34 order of protection issued by the court pursuant to the
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1 Illinois Domestic Violence Act of 1986, as now or
2 hereafter amended. A copy of the order of protection
3 shall be transmitted to the probation officer or agency
4 having responsibility for the case;
5 (12) reimburse any "local anti-crime program" as
6 defined in Section 7 of the Anti-Crime Advisory Council
7 Act for any reasonable expenses incurred by the program
8 on the offender's case, not to exceed the maximum amount
9 of the fine authorized for the offense for which the
10 defendant was sentenced;
11 (13) contribute a reasonable sum of money, not to
12 exceed the maximum amount of the fine authorized for the
13 offense for which the defendant was sentenced, to a
14 "local anti-crime program", as defined in Section 7 of
15 the Anti-Crime Advisory Council Act;
16 (14) refrain from entering into a designated
17 geographic area except upon such terms as the court finds
18 appropriate. Such terms may include consideration of the
19 purpose of the entry, the time of day, other persons
20 accompanying the defendant, and advance approval by a
21 probation officer, if the defendant has been placed on
22 probation or advance approval by the court, if the
23 defendant was placed on conditional discharge;
24 (15) refrain from having any contact, directly or
25 indirectly, with certain specified persons or particular
26 types of persons, including but not limited to members of
27 street gangs and drug users or dealers;
28 (16) refrain from having in his or her body the
29 presence of any illicit drug prohibited by the Cannabis
30 Control Act or the Illinois Controlled Substances Act,
31 unless prescribed by a physician, and submit samples of
32 his or her blood or urine or both for tests to determine
33 the presence of any illicit drug.
34 (c) The court may as a condition of probation or of
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1 conditional discharge require that a person under 18 years of
2 age found guilty of any alcohol, cannabis or controlled
3 substance violation, refrain from acquiring a driver's
4 license during the period of probation or conditional
5 discharge. If such person is in possession of a permit or
6 license, the court may require that the minor refrain from
7 driving or operating any motor vehicle during the period of
8 probation or conditional discharge, except as may be
9 necessary in the course of the minor's lawful employment.
10 (d) An offender sentenced to probation or to conditional
11 discharge shall be given a certificate setting forth the
12 conditions thereof.
13 (e) The court shall not require as a condition of the
14 sentence of probation or conditional discharge that the
15 offender be committed to a period of imprisonment in excess
16 of 6 months. This 6 month limit shall not include periods of
17 confinement given pursuant to a sentence of county impact
18 incarceration under Section 5-8-1.2.
19 Persons committed to imprisonment as a condition of
20 probation or conditional discharge shall not be committed to
21 the Department of Corrections.
22 (f) The court may combine a sentence of periodic
23 imprisonment under Article 7 or a sentence to a county impact
24 incarceration program under Article 8 with a sentence of
25 probation or conditional discharge.
26 (g) An offender sentenced to probation or to conditional
27 discharge and who during the term of either undergoes
28 mandatory drug or alcohol testing, or both, or is assigned to
29 be placed on an approved electronic monitoring device, shall
30 be ordered to pay all costs incidental to such mandatory drug
31 or alcohol testing, or both, and all costs incidental to such
32 approved electronic monitoring in accordance with the
33 defendant's ability to pay those costs. The county board
34 with the concurrence of the Chief Judge of the judicial
-20- LRB9100882WHdvam03
1 circuit in which the county is located shall establish
2 reasonable fees for the cost of maintenance, testing, and
3 incidental expenses related to the mandatory drug or alcohol
4 testing, or both, and all costs incidental to approved
5 electronic monitoring, involved in a successful probation
6 program for the county. The concurrence of the Chief Judge
7 shall be in the form of an administrative order. The fees
8 shall be collected by the clerk of the circuit court. The
9 clerk of the circuit court shall pay all moneys collected
10 from these fees to the county treasurer who shall use the
11 moneys collected to defray the costs of drug testing, alcohol
12 testing, and electronic monitoring. The county treasurer
13 shall deposit the fees collected in the county working cash
14 fund under Section 6-27001 or Section 6-29002 of the Counties
15 Code, as the case may be.
16 (h) Jurisdiction over an offender may be transferred
17 from the sentencing court to the court of another circuit
18 with the concurrence of both courts, or to another state
19 under an Interstate Probation Reciprocal Agreement as
20 provided in Section 3-3-11. Further transfers or retransfers
21 of jurisdiction are also authorized in the same manner. The
22 court to which jurisdiction has been transferred shall have
23 the same powers as the sentencing court.
24 (i) The court shall impose upon an offender sentenced to
25 probation after January 1, 1989 or to conditional discharge
26 after January 1, 1992, as a condition of such probation or
27 conditional discharge, a fee of $25 for each month of
28 probation or conditional discharge supervision ordered by the
29 court, unless after determining the inability of the person
30 sentenced to probation or conditional discharge to pay the
31 fee, the court assesses a lesser fee. The court may not
32 impose the fee on a minor who is made a ward of the State
33 under the Juvenile Court Act of 1987 while the minor is in
34 placement. The fee shall be imposed only upon an offender who
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1 is actively supervised by the probation and court services
2 department. The fee shall be collected by the clerk of the
3 circuit court. The clerk of the circuit court shall pay all
4 monies collected from this fee to the county treasurer for
5 deposit in the probation and court services fund under
6 Section 15.1 of the Probation and Probation Officers Act.
7 (j) All fines and costs imposed under this Section for
8 any violation of Chapters 3, 4, 6, and 11 of the Illinois
9 Vehicle Code, or a similar provision of a local ordinance,
10 and any violation of the Child Passenger Protection Act, or a
11 similar provision of a local ordinance, shall be collected
12 and disbursed by the circuit clerk as provided under Section
13 27.5 of the Clerks of Courts Act.
14 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
15 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 91-325, eff.
16 7-29-99.)
17 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
18 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
19 (a) When a defendant is placed on supervision, the court
20 shall enter an order for supervision specifying the period of
21 such supervision, and shall defer further proceedings in the
22 case until the conclusion of the period.
23 (b) The period of supervision shall be reasonable under
24 all of the circumstances of the case, but may not be longer
25 than 2 years, unless the defendant has failed to pay the
26 assessment required by Section 10.3 of the Cannabis Control
27 Act or Section 411.2 of the Illinois Controlled Substances
28 Act, in which case the court may extend supervision beyond 2
29 years. Additionally, the court shall order the defendant to
30 perform no less than 30 hours of community service and not
31 more than 120 hours of community service, if community
32 service is available in the jurisdiction and is funded and
33 approved by the county board where the offense was committed,
-22- LRB9100882WHdvam03
1 when the offense (1) was related to or in furtherance of the
2 criminal activities of an organized gang or was motivated by
3 the defendant's membership in or allegiance to an organized
4 gang; or (2) is a violation of any Section of Article 24 of
5 the Criminal Code of 1961 where a disposition of supervision
6 is not prohibited by Section 5-6-1 of this Code. The
7 community service shall include, but not be limited to, the
8 cleanup and repair of any damage caused by violation of
9 Section 21-1.3 of the Criminal Code of 1961 and similar
10 damages to property located within the municipality or county
11 in which the violation occurred. Where possible and
12 reasonable, the community service should be performed in the
13 offender's neighborhood.
14 For the purposes of this Section, "organized gang" has
15 the meaning ascribed to it in Section 10 of the Illinois
16 Streetgang Terrorism Omnibus Prevention Act.
17 (c) The court may in addition to other reasonable
18 conditions relating to the nature of the offense or the
19 rehabilitation of the defendant as determined for each
20 defendant in the proper discretion of the court require that
21 the person:
22 (1) make a report to and appear in person before or
23 participate with the court or such courts, person, or
24 social service agency as directed by the court in the
25 order of supervision;
26 (2) pay a fine and costs;
27 (3) work or pursue a course of study or vocational
28 training;
29 (4) undergo medical, psychological or psychiatric
30 treatment; or treatment for drug addiction or alcoholism;
31 (5) attend or reside in a facility established for
32 the instruction or residence of defendants on probation;
33 (6) support his dependents;
34 (7) refrain from possessing a firearm or other
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1 dangerous weapon;
2 (8) and in addition, if a minor:
3 (i) reside with his parents or in a foster
4 home;
5 (ii) attend school;
6 (iii) attend a non-residential program for
7 youth;
8 (iv) contribute to his own support at home or
9 in a foster home; and
10 (9) make restitution or reparation in an amount not
11 to exceed actual loss or damage to property and pecuniary
12 loss or make restitution under Section 5-5-6 to a
13 domestic violence shelter. The court shall determine the
14 amount and conditions of payment;
15 (10) perform some reasonable public or community
16 service;
17 (11) comply with the terms and conditions of an
18 order of protection issued by the court pursuant to the
19 Illinois Domestic Violence Act of 1986. If the court has
20 ordered the defendant to make a report and appear in
21 person under paragraph (1) of this subsection, a copy of
22 the order of protection shall be transmitted to the
23 person or agency so designated by the court;
24 (12) reimburse any "local anti-crime program" as
25 defined in Section 7 of the Anti-Crime Advisory Council
26 Act for any reasonable expenses incurred by the program
27 on the offender's case, not to exceed the maximum amount
28 of the fine authorized for the offense for which the
29 defendant was sentenced;
30 (13) contribute a reasonable sum of money, not to
31 exceed the maximum amount of the fine authorized for the
32 offense for which the defendant was sentenced, to a
33 "local anti-crime program", as defined in Section 7 of
34 the Anti-Crime Advisory Council Act;
-24- LRB9100882WHdvam03
1 (14) refrain from entering into a designated
2 geographic area except upon such terms as the court finds
3 appropriate. Such terms may include consideration of the
4 purpose of the entry, the time of day, other persons
5 accompanying the defendant, and advance approval by a
6 probation officer;
7 (15) refrain from having any contact, directly or
8 indirectly, with certain specified persons or particular
9 types of person, including but not limited to members of
10 street gangs and drug users or dealers;
11 (16) refrain from having in his or her body the
12 presence of any illicit drug prohibited by the Cannabis
13 Control Act or the Illinois Controlled Substances Act,
14 unless prescribed by a physician, and submit samples of
15 his or her blood or urine or both for tests to determine
16 the presence of any illicit drug;
17 (17) refrain from operating any motor vehicle not
18 equipped with an ignition interlock device as defined in
19 Section 1-129.1 of the Illinois Vehicle Code. Under this
20 condition the court may allow a defendant who is not
21 self-employed to operate a vehicle owned by the
22 defendant's employer that is not equipped with an
23 ignition interlock device in the course and scope of the
24 defendant's employment.
25 (d) The court shall defer entering any judgment on the
26 charges until the conclusion of the supervision.
27 (e) At the conclusion of the period of supervision, if
28 the court determines that the defendant has successfully
29 complied with all of the conditions of supervision, the court
30 shall discharge the defendant and enter a judgment dismissing
31 the charges.
32 (f) Discharge and dismissal upon a successful conclusion
33 of a disposition of supervision shall be deemed without
34 adjudication of guilt and shall not be termed a conviction
-25- LRB9100882WHdvam03
1 for purposes of disqualification or disabilities imposed by
2 law upon conviction of a crime. Two years after the
3 discharge and dismissal under this Section, unless the
4 disposition of supervision was for a violation of Sections
5 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
6 Vehicle Code or a similar provision of a local ordinance, or
7 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
8 Code of 1961, in which case it shall be 5 years after
9 discharge and dismissal, a person may have his record of
10 arrest sealed or expunged as may be provided by law.
11 However, any defendant placed on supervision before January
12 1, 1980, may move for sealing or expungement of his arrest
13 record, as provided by law, at any time after discharge and
14 dismissal under this Section. A person placed on supervision
15 for a sexual offense committed against a minor as defined in
16 subsection (g) of Section 5 of the Criminal Identification
17 Act or for a violation of Section 11-501 of the Illinois
18 Vehicle Code or a similar provision of a local ordinance
19 shall not have his or her record of arrest sealed or
20 expunged.
21 (g) A defendant placed on supervision and who during the
22 period of supervision undergoes mandatory drug or alcohol
23 testing, or both, or is assigned to be placed on an approved
24 electronic monitoring device, shall be ordered to pay the
25 costs incidental to such mandatory drug or alcohol testing,
26 or both, and costs incidental to such approved electronic
27 monitoring in accordance with the defendant's ability to pay
28 those costs. The county board with the concurrence of the
29 Chief Judge of the judicial circuit in which the county is
30 located shall establish reasonable fees for the cost of
31 maintenance, testing, and incidental expenses related to the
32 mandatory drug or alcohol testing, or both, and all costs
33 incidental to approved electronic monitoring, of all
34 defendants placed on supervision. The concurrence of the
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1 Chief Judge shall be in the form of an administrative order.
2 The fees shall be collected by the clerk of the circuit
3 court. The clerk of the circuit court shall pay all moneys
4 collected from these fees to the county treasurer who shall
5 use the moneys collected to defray the costs of drug testing,
6 alcohol testing, and electronic monitoring. The county
7 treasurer shall deposit the fees collected in the county
8 working cash fund under Section 6-27001 or Section 6-29002 of
9 the Counties Code, as the case may be.
10 (h) A disposition of supervision is a final order for
11 the purposes of appeal.
12 (i) The court shall impose upon a defendant placed on
13 supervision after January 1, 1992, as a condition of
14 supervision, a fee of $25 for each month of supervision
15 ordered by the court, unless after determining the inability
16 of the person placed on supervision to pay the fee, the court
17 assesses a lesser fee. The court may not impose the fee on a
18 minor who is made a ward of the State under the Juvenile
19 Court Act of 1987 while the minor is in placement. The fee
20 shall be imposed only upon a defendant who is actively
21 supervised by the probation and court services department.
22 The fee shall be collected by the clerk of the circuit court.
23 The clerk of the circuit court shall pay all monies collected
24 from this fee to the county treasurer for deposit in the
25 probation and court services fund pursuant to Section 15.1 of
26 the Probation and Probation Officers Act.
27 (j) All fines and costs imposed under this Section for
28 any violation of Chapters 3, 4, 6, and 11 of the Illinois
29 Vehicle Code, or a similar provision of a local ordinance,
30 and any violation of the Child Passenger Protection Act, or a
31 similar provision of a local ordinance, shall be collected
32 and disbursed by the circuit clerk as provided under Section
33 27.5 of the Clerks of Courts Act.
34 (k) A defendant at least 17 years of age who is placed
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1 on supervision for a misdemeanor in a county of 3,000,000 or
2 more inhabitants and who has not been previously convicted of
3 a misdemeanor or felony may as a condition of his or her
4 supervision be required by the court to attend educational
5 courses designed to prepare the defendant for a high school
6 diploma and to work toward a high school diploma or to work
7 toward passing the high school level Test of General
8 Educational Development (GED) or to work toward completing a
9 vocational training program approved by the court. The
10 defendant placed on supervision must attend a public
11 institution of education to obtain the educational or
12 vocational training required by this subsection (k). The
13 defendant placed on supervision shall be required to pay for
14 the cost of the educational courses or GED test, if a fee is
15 charged for those courses or test. The court shall revoke
16 the supervision of a person who wilfully fails to comply with
17 this subsection (k). The court shall resentence the
18 defendant upon revocation of supervision as provided in
19 Section 5-6-4. This subsection (k) does not apply to a
20 defendant who has a high school diploma or has successfully
21 passed the GED test. This subsection (k) does not apply to a
22 defendant who is determined by the court to be
23 developmentally disabled or otherwise mentally incapable of
24 completing the educational or vocational program.
25 (l) The court shall require a defendant placed on
26 supervision for possession of a substance prohibited by the
27 Cannabis Control Act or Illinois Controlled Substances Act
28 after a previous conviction or disposition of supervision for
29 possession of a substance prohibited by the Cannabis Control
30 Act or Illinois Controlled Substances Act or a sentence of
31 probation under Section 10 of the Cannabis Control Act or
32 Section 410 of the Illinois Controlled Substances Act and
33 after a finding by the court that the person is addicted, to
34 undergo treatment at a substance abuse program approved by
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1 the court.
2 (m) The court shall require a defendant placed on
3 supervision for a violation of Section 3-707 of the Illinois
4 Vehicle Code or a similar provision of a local ordinance, as
5 a condition of supervision, to give proof of his or her
6 financial responsibility as defined in Section 7-315 of the
7 Illinois Vehicle Code. The proof shall be maintained by the
8 defendant in a manner satisfactory to the Secretary of State
9 for a minimum period of one year after the date the proof is
10 first filed. The Secretary of State shall suspend the
11 driver's license of any person determined by the Secretary to
12 be in violation of this subsection.
13 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
14 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 90-784, eff.
15 1-1-99; 91-127, eff. 1-1-00.)
16 ARTICLE 20. ALCOHOL ABUSE
17 Section 20-900. The Illinois Vehicle Code is amended by
18 re-enacting Sections 6-303 and 11-501 as follows:
19 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
20 Sec. 6-303. Driving while driver's license, permit or
21 privilege to operate a motor vehicle is suspended or revoked.
22 (a) Any person who drives or is in actual physical
23 control of a motor vehicle on any highway of this State at a
24 time when such person's driver's license, permit or privilege
25 to do so or the privilege to obtain a driver's license or
26 permit is revoked or suspended as provided by this Code or
27 the law of another state, except as may be specifically
28 allowed by a judicial driving permit, family financial
29 responsibility driving permit, probationary license to drive,
30 or a restricted driving permit issued pursuant to this Code
31 or under the law of another state, shall be guilty of a Class
-29- LRB9100882WHdvam03
1 A misdemeanor.
2 (b) The Secretary of State upon receiving a report of
3 the conviction of any violation indicating a person was
4 operating a motor vehicle during the time when said person's
5 driver's license, permit or privilege was suspended by the
6 Secretary, by the appropriate authority of another state, or
7 pursuant to Section 11-501.1; except as may be specifically
8 allowed by a probationary license to drive, judicial driving
9 permit or restricted driving permit issued pursuant to this
10 Code or the law of another state; shall extend the suspension
11 for the same period of time as the originally imposed
12 suspension; however, if the period of suspension has then
13 expired, the Secretary shall be authorized to suspend said
14 person's driving privileges for the same period of time as
15 the originally imposed suspension; and if the conviction was
16 upon a charge which indicated that a vehicle was operated
17 during the time when the person's driver's license, permit or
18 privilege was revoked; except as may be allowed by a
19 restricted driving permit issued pursuant to this Code or the
20 law of another state; the Secretary shall not issue a
21 driver's license for an additional period of one year from
22 the date of such conviction indicating such person was
23 operating a vehicle during such period of revocation.
24 (c) Any person convicted of violating this Section shall
25 serve a minimum term of imprisonment of 7 consecutive days or
26 30 days of community service when the person's driving
27 privilege was revoked or suspended as a result of:
28 (1) a violation of Section 11-501 of this Code or a
29 similar provision of a local ordinance relating to the
30 offense of operating or being in physical control of a
31 vehicle while under the influence of alcohol, any other
32 drug or any combination thereof; or
33 (2) a violation of paragraph (b) of Section 11-401
34 of this Code or a similar provision of a local ordinance
-30- LRB9100882WHdvam03
1 relating to the offense of leaving the scene of a motor
2 vehicle accident involving personal injury or death; or
3 (3) a violation of Section 9-3 of the Criminal Code
4 of 1961, as amended, relating to the offense of reckless
5 homicide; or
6 (4) a statutory summary suspension under Section
7 11-501.1 of this Code.
8 Such sentence of imprisonment or community service shall
9 not be subject to suspension in order to reduce such
10 sentence.
11 (d) Any person convicted of a second or subsequent
12 violation of this Section shall be guilty of a Class 4 felony
13 if the original revocation or suspension was for a violation
14 of Section 11-401 or 11-501 of this Code, or a similar
15 out-of-state offense, or a similar provision of a local
16 ordinance, a violation of Section 9-3 of the Criminal Code of
17 1961, relating to the offense of reckless homicide, or a
18 similar out-of-state offense, or a statutory summary
19 suspension under Section 11-501.1 of this Code.
20 (e) Any person in violation of this Section who is also
21 in violation of Section 7-601 of this Code relating to
22 mandatory insurance requirements, in addition to other
23 penalties imposed under this Section, shall have his or her
24 motor vehicle immediately impounded by the arresting law
25 enforcement officer. The motor vehicle may be released to
26 any licensed driver upon a showing of proof of insurance for
27 the vehicle that was impounded and the notarized written
28 consent for the release by the vehicle owner.
29 (f) For any prosecution under this Section, a certified
30 copy of the driving abstract of the defendant shall be
31 admitted as proof of any prior conviction.
32 (Source: P.A. 89-8, eff. 3-21-95; 89-92, eff. 7-1-96; 89-159,
33 eff. 1-1-96; 89-626, eff. 8-9-96; 90-400, eff. 8-15-97;
34 90-738, eff. 1-1-99.)
-31- LRB9100882WHdvam03
1 (625 ILCS 5/11-501) (from Ch. 95 1/2, par. 11-501)
2 Sec. 11-501. Driving while under the influence of
3 alcohol, other drug or drugs, intoxicating compound or
4 compounds or any combination thereof.
5 (a) A person shall not drive or be in actual physical
6 control of any vehicle within this State while:
7 (1) the alcohol concentration in the person's blood
8 or breath is 0.08 or more based on the definition of
9 blood and breath units in Section 11-501.2;
10 (2) under the influence of alcohol;
11 (3) under the influence of any intoxicating
12 compound or combination of intoxicating compounds to a
13 degree that renders the person incapable of driving
14 safely;
15 (4) under the influence of any other drug or
16 combination of drugs to a degree that renders the person
17 incapable of safely driving;
18 (5) under the combined influence of alcohol, other
19 drug or drugs, or intoxicating compound or compounds to a
20 degree that renders the person incapable of safely
21 driving; or
22 (6) there is any amount of a drug, substance, or
23 compound in the person's breath, blood, or urine
24 resulting from the unlawful use or consumption of
25 cannabis listed in the Cannabis Control Act, a controlled
26 substance listed in the Illinois Controlled Substances
27 Act, or an intoxicating compound listed in the Use of
28 Intoxicating Compounds Act.
29 (b) The fact that any person charged with violating this
30 Section is or has been legally entitled to use alcohol, other
31 drug or drugs, or intoxicating compound or compounds, or any
32 combination thereof, shall not constitute a defense against
33 any charge of violating this Section.
34 (c) Except as provided under paragraphs (c-3) and (d) of
-32- LRB9100882WHdvam03
1 this Section, every person convicted of violating this
2 Section or a similar provision of a local ordinance, shall be
3 guilty of a Class A misdemeanor and, in addition to any other
4 criminal or administrative action, for any second conviction
5 of violating this Section or a similar provision of a law of
6 another state or local ordinance committed within 5 years of
7 a previous violation of this Section or a similar provision
8 of a local ordinance shall be mandatorily sentenced to a
9 minimum of 48 consecutive hours of imprisonment or assigned
10 to a minimum of 100 hours of community service as may be
11 determined by the court. Every person convicted of violating
12 this Section or a similar provision of a local ordinance
13 shall be subject to a mandatory minimum fine of $500 and a
14 mandatory 5 days of community service in a program benefiting
15 children if the person committed a violation of paragraph (a)
16 or a similar provision of a local ordinance while
17 transporting a person under age 16. Every person convicted a
18 second time for violating this Section or a similar provision
19 of a local ordinance within 5 years of a previous violation
20 of this Section or a similar provision of a law of another
21 state or local ordinance shall be subject to a mandatory
22 minimum fine of $500 and 10 days of mandatory community
23 service in a program benefiting children if the current
24 offense was committed while transporting a person under age
25 16. The imprisonment or assignment under this subsection
26 shall not be subject to suspension nor shall the person be
27 eligible for probation in order to reduce the sentence or
28 assignment.
29 (c-1) (1) A person who violates this Section during a
30 period in which his or her driving privileges are revoked
31 or suspended, where the revocation or suspension was for
32 a violation of this Section, Section 11-501.1, paragraph
33 (b) of Section 11-401, or Section 9-3 of the Criminal
34 Code of 1961 is guilty of a Class 4 felony.
-33- LRB9100882WHdvam03
1 (2) A person who violates this Section a third time
2 during a period in which his or her driving privileges
3 are revoked or suspended where the revocation or
4 suspension was for a violation of this Section, Section
5 11-501.1, paragraph (b) of Section 11-401, or Section 9-3
6 of the Criminal Code of 1961 is guilty of a Class 3
7 felony.
8 (3) A person who violates this Section a fourth or
9 subsequent time during a period in which his or her
10 driving privileges are revoked or suspended where the
11 revocation or suspension was for a violation of this
12 Section, Section 11-501.1, paragraph (b) of Section
13 11-401, or Section 9-3 of the Criminal Code of 1961 is
14 guilty of a Class 2 felony.
15 (c-2) (Blank).
16 (c-3) Every person convicted of violating this Section
17 or a similar provision of a local ordinance who had a child
18 under age 16 in the vehicle at the time of the offense shall
19 have his or her punishment under this Act enhanced by 2 days
20 of imprisonment for a first offense, 10 days of imprisonment
21 for a second offense, 30 days of imprisonment for a third
22 offense, and 90 days of imprisonment for a fourth or
23 subsequent offense, in addition to the fine and community
24 service required under subsection (c) and the possible
25 imprisonment required under subsection (d). The imprisonment
26 or assignment under this subsection shall not be subject to
27 suspension nor shall the person be eligible for probation in
28 order to reduce the sentence or assignment.
29 (d) (1) Every person convicted of committing a violation
30 of this Section shall be guilty of aggravated driving under
31 the influence of alcohol, other drug or drugs, or
32 intoxicating compound or compounds, or any combination
33 thereof if:
34 (A) the person committed a violation of this
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1 Section, or a similar provision of a law of another state
2 or a local ordinance when the cause of action is the same
3 as or substantially similar to this Section, for the
4 third or subsequent time;
5 (B) the person committed a violation of paragraph
6 (a) while driving a school bus with children on board;
7 (C) the person in committing a violation of
8 paragraph (a) was involved in a motor vehicle accident
9 that resulted in great bodily harm or permanent
10 disability or disfigurement to another, when the
11 violation was a proximate cause of the injuries; or
12 (D) the person committed a violation of paragraph
13 (a) for a second time and has been previously convicted
14 of violating Section 9-3 of the Criminal Code of 1961
15 relating to reckless homicide in which the person was
16 determined to have been under the influence of alcohol,
17 other drug or drugs, or intoxicating compound or
18 compounds as an element of the offense or the person has
19 previously been convicted under subparagraph (C) of this
20 paragraph (1).
21 (2) Aggravated driving under the influence of alcohol,
22 other drug or drugs, or intoxicating compound or compounds,
23 or any combination thereof is a Class 4 felony for which a
24 person, if sentenced to a term of imprisonment, shall be
25 sentenced to not less than one year and not more than 3 years
26 for a violation of subparagraph (A), (B) or (D) of paragraph
27 (1) of this subsection (d) and not less than one year and not
28 more than 12 years for a violation of subparagraph (C) of
29 paragraph (1) of this subsection (d). For any prosecution
30 under this subsection (d), a certified copy of the driving
31 abstract of the defendant shall be admitted as proof of any
32 prior conviction.
33 (e) After a finding of guilt and prior to any final
34 sentencing, or an order for supervision, for an offense based
-35- LRB9100882WHdvam03
1 upon an arrest for a violation of this Section or a similar
2 provision of a local ordinance, individuals shall be required
3 to undergo a professional evaluation to determine if an
4 alcohol, drug, or intoxicating compound abuse problem exists
5 and the extent of the problem. Programs conducting these
6 evaluations shall be licensed by the Department of Human
7 Services. The cost of any professional evaluation shall be
8 paid for by the individual required to undergo the
9 professional evaluation.
10 (f) Every person found guilty of violating this Section,
11 whose operation of a motor vehicle while in violation of this
12 Section proximately caused any incident resulting in an
13 appropriate emergency response, shall be liable for the
14 expense of an emergency response as provided under Section
15 5-5-3 of the Unified Code of Corrections.
16 (g) The Secretary of State shall revoke the driving
17 privileges of any person convicted under this Section or a
18 similar provision of a local ordinance.
19 (h) Every person sentenced under subsection (d) of this
20 Section and who receives a term of probation or conditional
21 discharge shall be required to serve a minimum term of either
22 30 days community service or, beginning July 1, 1993, 48
23 consecutive hours of imprisonment as a condition of the
24 probation or conditional discharge. This mandatory minimum
25 term of imprisonment or assignment of community service shall
26 not be suspended and shall not be subject to reduction by the
27 court.
28 (i) The Secretary of State may use ignition interlock
29 device requirements when granting driving relief to
30 individuals who have been arrested for a second or subsequent
31 offense of this Section or a similar provision of a local
32 ordinance. The Secretary shall establish by rule and
33 regulation the procedures for use of the interlock system.
34 (j) In addition to any other penalties and liabilities,
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1 a person who is found guilty of violating this Section shall
2 be fined $100, payable to the circuit clerk, who shall
3 distribute the money to the law enforcement agency that made
4 the arrest. In the event that more than one agency is
5 responsible for the arrest, the $100 shall be shared equally.
6 Any moneys received by a law enforcement agency under this
7 subsection (j) shall be used to purchase law enforcement
8 equipment that will assist in the prevention of alcohol
9 related criminal violence throughout the State. This shall
10 include, but is not limited to, in-car video cameras, radar
11 and laser speed detection devices, and alcohol breath
12 testers.
13 (Source: P.A. 90-43, eff. 7-2-97; 90-400, eff. 8-15-97;
14 90-611, eff. 1-1-99; 90-655, eff. 7-30-98; 90-738, eff.
15 1-1-99; 90-779, eff. 1-1-99; 91-126, eff. 7-16-99; 91-357,
16 eff. 7-29-99.)
17 ARTICLE 25. DRUG ABUSE
18 Section 25-10. The Cannabis Control Act is amended by
19 re-enacting Section 10 as follows:
20 (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
21 Sec. 10. (a) Whenever any person who has not previously
22 been convicted of, or placed on probation or court
23 supervision for, any offense under this Act or any law of the
24 United States or of any State relating to cannabis, or
25 controlled substances as defined in the Illinois Controlled
26 Substances Act, pleads guilty to or is found guilty of
27 violating Sections 4 (a), 4 (b), 4 (c), 5 (a), 5 (b), 5 (c)
28 or 8 of this Act, the court may, without entering a judgment
29 and with the consent of such person, sentence him to
30 probation.
31 (b) When a person is placed on probation, the court
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1 shall enter an order specifying a period of probation of 24
2 months, and shall defer further proceedings in the case until
3 the conclusion of the period or until the filing of a
4 petition alleging violation of a term or condition of
5 probation.
6 (c) The conditions of probation shall be that the
7 person: (1) not violate any criminal statute of any
8 jurisdiction; (2) refrain from possession of a firearm or
9 other dangerous weapon; (3) submit to periodic drug testing
10 at a time and in a manner as ordered by the court, but no
11 less than 3 times during the period of the probation, with
12 the cost of the testing to be paid by the probationer; and
13 (4) perform no less than 30 hours of community service,
14 provided community service is available in the jurisdiction
15 and is funded and approved by the county board.
16 (d) The court may, in addition to other conditions,
17 require that the person:
18 (1) make a report to and appear in person before or
19 participate with the court or such courts, person, or
20 social service agency as directed by the court in the
21 order of probation;
22 (2) pay a fine and costs;
23 (3) work or pursue a course of study or vocational
24 training;
25 (4) undergo medical or psychiatric treatment; or
26 treatment for drug addiction or alcoholism;
27 (5) attend or reside in a facility established for
28 the instruction or residence of defendants on probation;
29 (6) support his dependents;
30 (7) refrain from possessing a firearm or other
31 dangerous weapon;
32 (7-5) refrain from having in his or her body the
33 presence of any illicit drug prohibited by the Cannabis
34 Control Act or the Illinois Controlled Substances Act,
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1 unless prescribed by a physician, and submit samples of
2 his or her blood or urine or both for tests to determine
3 the presence of any illicit drug;
4 (8) and in addition, if a minor:
5 (i) reside with his parents or in a foster
6 home;
7 (ii) attend school;
8 (iii) attend a non-residential program for
9 youth;
10 (iv) contribute to his own support at home or
11 in a foster home.
12 (e) Upon violation of a term or condition of probation,
13 the court may enter a judgment on its original finding of
14 guilt and proceed as otherwise provided.
15 (f) Upon fulfillment of the terms and conditions of
16 probation, the court shall discharge such person and dismiss
17 the proceedings against him.
18 (g) A disposition of probation is considered to be a
19 conviction for the purposes of imposing the conditions of
20 probation and for appeal, however, discharge and dismissal
21 under this Section is not a conviction for purposes of
22 disqualification or disabilities imposed by law upon
23 conviction of a crime (including the additional penalty
24 imposed for subsequent offenses under Section 4 (c), 4 (d), 5
25 (c) or 5 (d) of this Act).
26 (h) Discharge and dismissal under this Section or under
27 Section 410 of the Illinois Controlled Substances Act may
28 occur only once with respect to any person.
29 (i) If a person is convicted of an offense under this
30 Act or the Illinois Controlled Substances Act within 5 years
31 subsequent to a discharge and dismissal under this Section,
32 the discharge and dismissal under this Section shall be
33 admissible in the sentencing proceeding for that conviction
34 as a factor in aggravation.
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1 (Source: P.A. 88-510; 88-680, eff. 1-1-95.)
2 Section 25-15. The Illinois Controlled Substances Act is
3 amended by re-enacting Section 410 as follows:
4 (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
5 Sec. 410. (a) Whenever any person who has not previously
6 been convicted of, or placed on probation or court
7 supervision for any offense under this Act or any law of the
8 United States or of any State relating to cannabis or
9 controlled substances, pleads guilty to or is found guilty of
10 possession of a controlled or counterfeit substance under
11 subsection (c) of Section 402, the court, without entering a
12 judgment and with the consent of such person, may sentence
13 him to probation.
14 (b) When a person is placed on probation, the court
15 shall enter an order specifying a period of probation of 24
16 months and shall defer further proceedings in the case until
17 the conclusion of the period or until the filing of a
18 petition alleging violation of a term or condition of
19 probation.
20 (c) The conditions of probation shall be that the
21 person: (1) not violate any criminal statute of any
22 jurisdiction; (2) refrain from possessing a firearm or other
23 dangerous weapon; (3) submit to periodic drug testing at a
24 time and in a manner as ordered by the court, but no less
25 than 3 times during the period of the probation, with the
26 cost of the testing to be paid by the probationer; and (4)
27 perform no less than 30 hours of community service, provided
28 community service is available in the jurisdiction and is
29 funded and approved by the county board.
30 (d) The court may, in addition to other conditions,
31 require that the person:
32 (1) make a report to and appear in person before or
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1 participate with the court or such courts, person, or
2 social service agency as directed by the court in the
3 order of probation;
4 (2) pay a fine and costs;
5 (3) work or pursue a course of study or vocational
6 training;
7 (4) undergo medical or psychiatric treatment; or
8 treatment or rehabilitation approved by the Illinois
9 Department of Human Services;
10 (5) attend or reside in a facility established for
11 the instruction or residence of defendants on probation;
12 (6) support his dependents;
13 (6-5) refrain from having in his or her body the
14 presence of any illicit drug prohibited by the Cannabis
15 Control Act or the Illinois Controlled Substances Act,
16 unless prescribed by a physician, and submit samples of
17 his or her blood or urine or both for tests to determine
18 the presence of any illicit drug;
19 (7) and in addition, if a minor:
20 (i) reside with his parents or in a foster
21 home;
22 (ii) attend school;
23 (iii) attend a non-residential program for
24 youth;
25 (iv) contribute to his own support at home or
26 in a foster home.
27 (e) Upon violation of a term or condition of probation,
28 the court may enter a judgment on its original finding of
29 guilt and proceed as otherwise provided.
30 (f) Upon fulfillment of the terms and conditions of
31 probation, the court shall discharge the person and dismiss
32 the proceedings against him.
33 (g) A disposition of probation is considered to be a
34 conviction for the purposes of imposing the conditions of
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1 probation and for appeal, however, discharge and dismissal
2 under this Section is not a conviction for purposes of this
3 Act or for purposes of disqualifications or disabilities
4 imposed by law upon conviction of a crime.
5 (h) There may be only one discharge and dismissal under
6 this Section or Section 10 of the Cannabis Control Act with
7 respect to any person.
8 (i) If a person is convicted of an offense under this
9 Act or the Cannabis Control Act within 5 years subsequent to
10 a discharge and dismissal under this Section, the discharge
11 and dismissal under this Section shall be admissible in the
12 sentencing proceeding for that conviction as evidence in
13 aggravation.
14 (Source: P.A. 88-510; 88-680, eff. 1-1-95; 89-507, eff.
15 7-1-97.)
16 ARTICLE 30. FIREARMS
17 Section 30-905. The Criminal Code of 1961 is amended by
18 re-enacting Sections 24-3A, 24-5, 24-6, and 32-10 as follows:
19 (720 ILCS 5/24-3A)
20 Sec. 24-3A. Gunrunning.
21 (a) A person commits gunrunning when he or she transfers
22 3 or more firearms in violation of any of the paragraphs of
23 Section 24-3 of this Code.
24 (b) Sentence. A person who commits gunrunning is guilty
25 of a Class 1 felony. A person who commits gunrunning by
26 transferring firearms to a person who, at the time of the
27 commission of the offense, is under 18 years of age is guilty
28 of a Class X felony.
29 (Source: P.A. 91-13, eff. 1-1-00.)
30 (720 ILCS 5/24-5) (from Ch. 38, par. 24-5)
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1 Sec. 24-5. Defacing identification marks of firearms.
2 (a) Any person who shall knowingly or intentionally
3 change, alter, remove or obliterate the name of the maker,
4 model, manufacturer's number or other mark of identification
5 of any firearm commits a Class 2 felony.
6 (b) Possession of any firearm upon which any such mark
7 shall have been changed, altered, removed or obliterated
8 shall be prima facie evidence that the possessor has changed,
9 altered, removed or obliterated the same.
10 (Source: P.A. 88-680, eff. 1-1-95.)
11 (720 ILCS 5/24-6) (from Ch. 38, par. 24-6)
12 Sec. 24-6. Confiscation and disposition of weapons.
13 (a) Upon conviction of an offense in which a weapon was
14 used or possessed by the offender, any weapon seized shall be
15 confiscated by the trial court.
16 (b) Any stolen weapon so confiscated, when no longer
17 needed for evidentiary purposes, shall be returned to the
18 person entitled to possession, if known. After the
19 disposition of a criminal case or in any criminal case where
20 a final judgment in the case was not entered due to the death
21 of the defendant, and when a confiscated weapon is no longer
22 needed for evidentiary purposes, and when in due course no
23 legitimate claim has been made for the weapon, the court may
24 transfer the weapon to the sheriff of the county who may
25 proceed to destroy it, or may in its discretion order the
26 weapon preserved as property of the governmental body whose
27 police agency seized the weapon, or may in its discretion
28 order the weapon to be transferred to the Department of State
29 Police for use by the crime laboratory system, for training
30 purposes, or for any other application as deemed appropriate
31 by the Department. If, after the disposition of a criminal
32 case, a need still exists for the use of the confiscated
33 weapon for evidentiary purposes, the court may transfer the
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1 weapon to the custody of the State Department of Corrections
2 for preservation. The court may not order the transfer of
3 the weapon to any private individual or private organization
4 other than to return a stolen weapon to its rightful owner.
5 The provisions of this Section shall not apply to
6 violations of the Fish and Aquatic Life Code or the Wildlife
7 Code. Confiscation of weapons for Fish and Aquatic Life Code
8 and Wildlife Code violations shall be only as provided in
9 those Codes.
10 (c) Any mental hospital that admits a person as an
11 inpatient pursuant to any of the provisions of the Mental
12 Health and Developmental Disabilities Code shall confiscate
13 any firearms in the possession of that person at the time of
14 admission, or at any time the firearms are discovered in the
15 person's possession during the course of hospitalization. The
16 hospital shall, as soon as possible following confiscation,
17 transfer custody of the firearms to the appropriate law
18 enforcement agency. The hospital shall give written notice to
19 the person from whom the firearm was confiscated of the
20 identity and address of the law enforcement agency to which
21 it has given the firearm.
22 The law enforcement agency shall maintain possession of
23 any firearm it obtains pursuant to this subsection for a
24 minimum of 90 days. Thereafter, the firearm may be disposed
25 of pursuant to the provisions of subsection (b) of this
26 Section.
27 (Source: P.A. 87-464; 87-895; 88-352; 88-680, eff. 1-1-95.)
28 (720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
29 Sec. 32-10. Violation of bail bond.
30 (a) Whoever, having been admitted to bail for appearance
31 before any court of this State, incurs a forfeiture of the
32 bail and willfully fails to surrender himself within 30 days
33 following the date of such forfeiture, commits, if the bail
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1 was given in connection with a charge of felony or pending
2 appeal or certiorari after conviction of any offense, a
3 felony of the next lower Class or a Class A misdemeanor if
4 the underlying offense was a Class 4 felony; or, if the bail
5 was given in connection with a charge of committing a
6 misdemeanor, or for appearance as a witness, commits a
7 misdemeanor of the next lower Class, but not less than a
8 Class C misdemeanor.
9 (a-5) Any person who violates a condition of bail bond
10 by possessing a firearm in violation of his or her conditions
11 of bail commits a Class 4 felony for a first violation and a
12 Class 3 felony for a second violation.
13 (b) Whoever, having been admitted to bail for appearance
14 before any court of this State, while charged with a criminal
15 offense in which the victim is a family or household member
16 as defined in Article 112A of the Code of Criminal Procedure
17 of 1963, knowingly violates a condition of that release as
18 set forth in Section 110-10, subsection (d) of the Code of
19 Criminal Procedure of 1963, commits a Class A misdemeanor.
20 (c) Whoever, having been admitted to bail for appearance
21 before any court of this State for a felony, Class A
22 misdemeanor or a criminal offense in which the victim is a
23 family or household member as defined in Article 112A of the
24 Code of Criminal Procedure of 1963, is charged with any other
25 felony, Class A misdemeanor, or a criminal offense in which
26 the victim is a family or household member as defined in
27 Article 112A of the Code of Criminal Procedure of 1963 while
28 on such release, must appear before the court before bail is
29 statutorily set.
30 (d) Nothing in this Section shall interfere with or
31 prevent the exercise by any court of its power to punishment
32 for contempt. Any sentence imposed for violation of this
33 Section shall be served consecutive to the sentence imposed
34 for the charge for which bail had been granted and with
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1 respect to which the defendant has been convicted.
2 (Source: P.A. 88-430; 88-680, eff. 1-1-95; 89-203, eff.
3 7-21-95.)
4 Section 15-910. The Code of Criminal Procedure of 1963
5 is amended by re-enacting Section 110-10 as follows:
6 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
7 Sec. 110-10. Conditions of bail bond.
8 (a) If a person is released prior to conviction, either
9 upon payment of bail security or on his or her own
10 recognizance, the conditions of the bail bond shall be that
11 he or she will:
12 (1) Appear to answer the charge in the court having
13 jurisdiction on a day certain and thereafter as ordered
14 by the court until discharged or final order of the
15 court;
16 (2) Submit himself or herself to the orders and
17 process of the court;
18 (3) Not depart this State without leave of the
19 court;
20 (4) Not violate any criminal statute of any
21 jurisdiction;
22 (5) At a time and place designated by the court,
23 surrender all firearms in his or her possession to a law
24 enforcement officer designated by the court to take
25 custody of and impound the firearms when the offense the
26 person has been charged with is a forcible felony,
27 stalking, aggravated stalking, domestic battery, any
28 violation of either the Illinois Controlled Substances
29 Act or the Cannabis Control Act that is classified as a
30 Class 2 or greater felony, or any felony violation of
31 Article 24 of the Criminal Code of 1961; the court may,
32 however, forgo forego the imposition of this condition
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1 when the circumstances of the case clearly do not warrant
2 it or when its imposition would be impractical; all
3 legally possessed firearms shall be returned to the
4 person upon that person completing a sentence for a
5 conviction on a misdemeanor domestic battery, upon the
6 charges being dismissed, or if the person is found not
7 guilty, unless the finding of not guilty is by reason of
8 insanity; and
9 (6) At a time and place designated by the court,
10 submit to a psychological evaluation when the person has
11 been charged with a violation of item (4) of subsection
12 (a) of Section 24-1 of the Criminal Code of 1961 and that
13 violation occurred in a school or in any conveyance
14 owned, leased, or contracted by a school to transport
15 students to or from school or a school-related activity,
16 or on any public way within 1,000 feet of real property
17 comprising any school.
18 Psychological evaluations ordered pursuant to this
19 Section shall be completed promptly and made available to the
20 State, the defendant, and the court. As a further condition
21 of bail under these circumstances, the court shall order the
22 defendant to refrain from entering upon the property of the
23 school, including any conveyance owned, leased, or contracted
24 by a school to transport students to or from school or a
25 school-related activity, or on any public way within 1,000
26 feet of real property comprising any school. Upon receipt of
27 the psychological evaluation, either the State or the
28 defendant may request a change in the conditions of bail,
29 pursuant to Section 110-6 of this Code. The court may change
30 the conditions of bail to include a requirement that the
31 defendant follow the recommendations of the psychological
32 evaluation, including undergoing psychiatric treatment. The
33 conclusions of the psychological evaluation and any
34 statements elicited from the defendant during its
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1 administration are not admissible as evidence of guilt during
2 the course of any trial on the charged offense, unless the
3 defendant places his or her mental competency in issue.
4 (b) The court may impose other conditions, such as the
5 following, if the court finds that such conditions are
6 reasonably necessary to assure the defendant's appearance in
7 court, protect the public from the defendant, or prevent the
8 defendant's unlawful interference with the orderly
9 administration of justice:
10 (1) Report to or appear in person before such
11 person or agency as the court may direct;
12 (2) Refrain from possessing a firearm or other
13 dangerous weapon;
14 (3) Refrain from approaching or communicating with
15 particular persons or classes of persons;
16 (4) Refrain from going to certain described
17 geographical areas or premises;
18 (5) Refrain from engaging in certain activities or
19 indulging in intoxicating liquors or in certain drugs;
20 (6) Undergo treatment for drug addiction or
21 alcoholism;
22 (7) Undergo medical or psychiatric treatment;
23 (8) Work or pursue a course of study or vocational
24 training;
25 (9) Attend or reside in a facility designated by
26 the court;
27 (10) Support his or her dependents;
28 (11) If a minor resides with his or her parents or
29 in a foster home, attend school, attend a non-residential
30 program for youths, and contribute to his or her own
31 support at home or in a foster home;
32 (12) Observe any curfew ordered by the court;
33 (13) Remain in the custody of such designated
34 person or organization agreeing to supervise his release.
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1 Such third party custodian shall be responsible for
2 notifying the court if the defendant fails to observe the
3 conditions of release which the custodian has agreed to
4 monitor, and shall be subject to contempt of court for
5 failure so to notify the court;
6 (14) Be placed under direct supervision of the
7 Pretrial Services Agency, Probation Department or Court
8 Services Department in a pretrial bond home supervision
9 capacity with or without the use of an approved
10 electronic monitoring device subject to Article 8A of
11 Chapter V of the Unified Code of Corrections; or
12 (14.1) The court shall impose upon a defendant who
13 is charged with any alcohol, cannabis or controlled
14 substance violation and is placed under direct
15 supervision of the Pretrial Services Agency, Probation
16 Department or Court Services Department in a pretrial
17 bond home supervision capacity with the use of an
18 approved monitoring device, as a condition of such bail
19 bond, a fee that represents costs incidental to the
20 electronic monitoring for each day of such bail
21 supervision ordered by the court, unless after
22 determining the inability of the defendant to pay the
23 fee, the court assesses a lesser fee or no fee as the
24 case may be. The fee shall be collected by the clerk of
25 the circuit court. The clerk of the circuit court shall
26 pay all monies collected from this fee to the county
27 treasurer for deposit in the substance abuse services
28 fund under Section 5-1086.1 of the Counties Code;
29 (14.2) The court shall impose upon all defendants,
30 including those defendants subject to paragraph (14.1)
31 above, placed under direct supervision of the Pretrial
32 Services Agency, Probation Department or Court Services
33 Department in a pretrial bond home supervision capacity
34 with the use of an approved monitoring device, as a
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1 condition of such bail bond, a fee which shall represent
2 costs incidental to such electronic monitoring for each
3 day of such bail supervision ordered by the court, unless
4 after determining the inability of the defendant to pay
5 the fee, the court assesses a lesser fee or no fee as the
6 case may be. The fee shall be collected by the clerk of
7 the circuit court. The clerk of the circuit court shall
8 pay all monies collected from this fee to the county
9 treasurer who shall use the monies collected to defray
10 the costs of corrections. The county treasurer shall
11 deposit the fee collected in the county working cash fund
12 under Section 6-27001 or Section 6-29002 of the Counties
13 Code, as the case may be;
14 (15) Comply with the terms and conditions of an
15 order of protection issued by the court under the
16 Illinois Domestic Violence Act of 1986;
17 (16) Under Section 110-6.5 comply with the
18 conditions of the drug testing program; and
19 (17) Such other reasonable conditions as the court
20 may impose.
21 (c) When a person is charged with an offense under
22 Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
23 "Criminal Code of 1961", involving a victim who is a minor
24 under 18 years of age living in the same household with the
25 defendant at the time of the offense, in granting bail or
26 releasing the defendant on his own recognizance, the judge
27 shall impose conditions to restrict the defendant's access to
28 the victim which may include, but are not limited to
29 conditions that he will:
30 1. Vacate the Household.
31 2. Make payment of temporary support to his
32 dependents.
33 3. Refrain from contact or communication with the
34 child victim, except as ordered by the court.
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1 (d) When a person is charged with a criminal offense and
2 the victim is a family or household member as defined in
3 Article 112A, conditions shall be imposed at the time of the
4 defendant's release on bond that restrict the defendant's
5 access to the victim. Unless provided otherwise by the court,
6 the restrictions shall include requirements that the
7 defendant do the following:
8 (1) refrain from contact or communication with the
9 victim for a minimum period of 72 hours following the
10 defendant's release; and
11 (2) refrain from entering or remaining at the
12 victim's residence for a minimum period of 72 hours
13 following the defendant's release.
14 (e) Local law enforcement agencies shall develop
15 standardized bond forms for use in cases involving family or
16 household members as defined in Article 112A, including
17 specific conditions of bond as provided in subsection (d).
18 Failure of any law enforcement department to develop or use
19 those forms shall in no way limit the applicability and
20 enforcement of subsections (d) and (f).
21 (f) If the defendant is admitted to bail after
22 conviction the conditions of the bail bond shall be that he
23 will, in addition to the conditions set forth in subsections
24 (a) and (b) hereof:
25 (1) Duly prosecute his appeal;
26 (2) Appear at such time and place as the court may
27 direct;
28 (3) Not depart this State without leave of the
29 court;
30 (4) Comply with such other reasonable conditions as
31 the court may impose; and,
32 (5) If the judgment is affirmed or the cause
33 reversed and remanded for a new trial, forthwith
34 surrender to the officer from whose custody he was
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1 bailed.
2 (Source: P.A. 90-399, eff. 1-1-98; 91-11, eff. 6-4-99;
3 91-312, eff. 1-1-00; revised 10-15-99.)
4 ARTICLE 35
5 Section 35-5. The Criminal Code of 1961 is amended by
6 re-enacting Sections 8-4, 12-4.2, and 24-1.2 as follows:
7 (720 ILCS 5/8-4) (from Ch. 38, par. 8-4)
8 Sec. 8-4. Attempt.
9 (a) Elements of the Offense.
10 A person commits an attempt when, with intent to commit a
11 specific offense, he does any act which constitutes a
12 substantial step toward the commission of that offense.
13 (b) Impossibility.
14 It shall not be a defense to a charge of attempt that
15 because of a misapprehension of the circumstances it would
16 have been impossible for the accused to commit the offense
17 attempted.
18 (c) Sentence.
19 A person convicted of an attempt may be fined or
20 imprisoned or both not to exceed the maximum provided for the
21 offense attempted but, except for an attempt to commit the
22 offense defined in Section 33A-2 of this Act,
23 (1) the sentence for attempt to commit first degree
24 murder is the sentence for a Class X felony, except that
25 (A) an attempt to commit first degree murder
26 when at least one of the aggravating factors
27 specified in paragraphs (1), (2) and (12) of
28 subsection (b) of Section 9-1 is present is a Class
29 X felony for which the sentence shall be a term of
30 imprisonment of not less than 20 years and not more
31 than 80 years;
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1 (B) an attempt to commit first degree murder
2 while armed with a firearm is a Class X felony for
3 which 15 years shall be added to the term of
4 imprisonment imposed by the court;
5 (C) an attempt to commit first degree murder
6 during which the person personally discharged a
7 firearm is a Class X felony for which 20 years shall
8 be added to the term of imprisonment imposed by the
9 court;
10 (D) an attempt to commit first degree murder
11 during which the person personally discharged a
12 firearm that proximately caused great bodily harm,
13 permanent disability, permanent disfigurement, or
14 death to another person, is a Class X felony for
15 which 25 years or up to a term of natural life shall
16 be added to the term of imprisonment imposed by the
17 court.
18 (2) the sentence for attempt to commit a Class X
19 felony is the sentence for a Class 1 felony;
20 (3) the sentence for attempt to commit a Class 1
21 felony is the sentence for a Class 2 felony;
22 (4) the sentence for attempt to commit a Class 2
23 felony is the sentence for a Class 3 felony; and
24 (5) the sentence for attempt to commit any felony
25 other than those specified in Subsections (1), (2), (3)
26 and (4) hereof is the sentence for a Class A misdemeanor.
27 (Source: P.A. 91-404, eff. 1-1-00.)
28 (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2)
29 Sec. 12-4.2. Aggravated Battery with a firearm.
30 (a) A person commits aggravated battery with a firearm
31 when he, in committing a battery, knowingly or intentionally
32 by means of the discharging of a firearm (1) causes any
33 injury to another person, or (2) causes any injury to a
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1 person he knows to be a peace officer, a community policing
2 volunteer, a correctional institution employee or a fireman
3 while the officer, volunteer, employee or fireman is engaged
4 in the execution of any of his official duties, or to prevent
5 the officer, volunteer, employee or fireman from performing
6 his official duties, or in retaliation for the officer,
7 volunteer, employee or fireman performing his official
8 duties, or (3) causes any injury to a person he knows to be
9 an emergency medical technician - ambulance, emergency
10 medical technician - intermediate, emergency medical
11 technician - paramedic, ambulance driver, or other medical
12 assistance or first aid personnel, employed by a municipality
13 or other governmental unit, while the emergency medical
14 technician - ambulance, emergency medical technician -
15 intermediate, emergency medical technician - paramedic,
16 ambulance driver, or other medical assistance or first aid
17 personnel is engaged in the execution of any of his official
18 duties, or to prevent the emergency medical technician -
19 ambulance, emergency medical technician - intermediate,
20 emergency medical technician - paramedic, ambulance driver,
21 or other medical assistance or first aid personnel from
22 performing his official duties, or in retaliation for the
23 emergency medical technician - ambulance, emergency medical
24 technician - intermediate, emergency medical technician -
25 paramedic, ambulance driver, or other medical assistance or
26 first aid personnel performing his official duties, or (4)
27 causes any injury to a person he or she knows to be a teacher
28 or other person employed in a school and the teacher or other
29 employee is upon grounds of a school or grounds adjacent to a
30 school, or is in any part of a building used for school
31 purposes.
32 (b) A violation of subsection (a) (1) of this Section is
33 a Class X felony. A violation of subsection (a) (2),
34 subsection (a) (3), or subsection (a)(4) of this Section is
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1 a Class X felony for which the sentence shall be a term of
2 imprisonment of no less than 15 years and no more than 60
3 years.
4 (c) For purposes of this Section, "firearm" is defined
5 as in "An Act relating to the acquisition, possession and
6 transfer of firearms and firearm ammunition, to provide a
7 penalty for the violation thereof and to make an
8 appropriation in connection therewith", approved August 1,
9 1967, as amended.
10 (Source: P.A. 90-651, eff. 1-1-99; 91-434, eff. 1-1-00.)
11 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
12 Sec. 24-1.2. Aggravated discharge of a firearm.
13 (a) A person commits aggravated discharge of a firearm
14 when he or she knowingly or intentionally:
15 (1) Discharges a firearm at or into a building he
16 or she knows or reasonably should know to be occupied and
17 the firearm is discharged from a place or position
18 outside that building;
19 (2) Discharges a firearm in the direction of
20 another person or in the direction of a vehicle he or she
21 knows or reasonably should know to be occupied by a
22 person;
23 (3) Discharges a firearm in the direction of a
24 person he or she knows to be a peace officer, a community
25 policing volunteer, a correctional institution employee,
26 or a fireman while the officer, volunteer, employee or
27 fireman is engaged in the execution of any of his or her
28 official duties, or to prevent the officer, volunteer,
29 employee or fireman from performing his or her official
30 duties, or in retaliation for the officer, volunteer,
31 employee or fireman performing his or her official
32 duties;
33 (4) Discharges a firearm in the direction of a
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1 vehicle he or she knows to be occupied by a peace
2 officer, a person summoned or directed by a peace
3 officer, a correctional institution employee or a fireman
4 while the officer, employee or fireman is engaged in the
5 execution of any of his or her official duties, or to
6 prevent the officer, employee or fireman from performing
7 his or her official duties, or in retaliation for the
8 officer, employee or fireman performing his or her
9 official duties;
10 (5) Discharges a firearm in the direction of a
11 person he or she knows to be an emergency medical
12 technician - ambulance, emergency medical technician -
13 intermediate, emergency medical technician - paramedic,
14 ambulance driver, or other medical assistance or first
15 aid personnel, employed by a municipality or other
16 governmental unit, while the emergency medical technician
17 - ambulance, emergency medical technician - intermediate,
18 emergency medical technician - paramedic, ambulance
19 driver, or other medical assistance or first aid
20 personnel is engaged in the execution of any of his or
21 her official duties, or to prevent the emergency medical
22 technician - ambulance, emergency medical technician -
23 intermediate, emergency medical technician - paramedic,
24 ambulance driver, or other medical assistance or first
25 aid personnel from performing his or her official duties,
26 or in retaliation for the emergency medical technician -
27 ambulance, emergency medical technician - intermediate,
28 emergency medical technician - paramedic, ambulance
29 driver, or other medical assistance or first aid
30 personnel performing his or her official duties; or
31 (6) Discharges a firearm in the direction of a
32 vehicle he or she knows to be occupied by an emergency
33 medical technician - ambulance, emergency medical
34 technician - intermediate, emergency medical technician -
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1 paramedic, ambulance driver, or other medical assistance
2 or first aid personnel, employed by a municipality or
3 other governmental unit, while the emergency medical
4 technician - ambulance, emergency medical technician -
5 intermediate, emergency medical technician - paramedic,
6 ambulance driver, or other medical assistance or first
7 aid personnel is engaged in the execution of any of his
8 or her official duties, or to prevent the emergency
9 medical technician - ambulance, emergency medical
10 technician - intermediate, emergency medical technician -
11 paramedic, ambulance driver, or other medical assistance
12 or first aid personnel from performing his or her
13 official duties, or in retaliation for the emergency
14 medical technician - ambulance, emergency medical
15 technician - intermediate, emergency medical technician -
16 paramedic, ambulance driver, or other medical assistance
17 or first aid personnel performing his or her official
18 duties; or
19 (7) Discharges a firearm in the direction of a
20 person he or she knows to be a teacher or other person
21 employed in any school and the teacher or other employee
22 is upon the grounds of a school or grounds adjacent to a
23 school, or is in any part of a building used for school
24 purposes.
25 (b) A violation of subsection (a)(1) or subsection
26 (a)(2) of this Section is a Class 1 felony. A violation of
27 subsection (a)(1) or (a)(2) of this Section committed in a
28 school, on the real property comprising a school, within
29 1,000 feet of the real property comprising a school, at a
30 school related activity or on or within 1,000 feet of any
31 conveyance owned, leased, or contracted by a school to
32 transport students to or from school or a school related
33 activity, regardless of the time of day or time of year that
34 the offense was committed is a Class X felony. A violation of
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1 subsection (a)(3), (a)(4), (a)(5), (a)(6), or (a)(7) of this
2 Section is a Class X felony for which the sentence shall be a
3 term of imprisonment of no less than 10 years and not more
4 than 45 years.
5 (c) For purposes of this Section:
6 "School" means a public or private elementary or
7 secondary school, community college, college, or university.
8 "School related activity" means any sporting, social,
9 academic, or other activity for which students' attendance or
10 participation is sponsored, organized, or funded in whole or
11 in part by a school or school district.
12 (Source: P.A. 90-651, eff. 1-1-99; 91-12, eff. 1-1-00;
13 91-357, eff. 7-29-99; 91-434, eff. 1-1-00; revised 8-30-99.)
14 Section 35-15. The Rights of Crime Victims and Witnesses
15 Act is amended by re-enacting Sections 4.5 and 6 as follows:
16 (725 ILCS 120/4.5)
17 Sec. 4.5. Procedures to implement the rights of crime
18 victims. To afford crime victims their rights, law
19 enforcement, prosecutors, judges and corrections will provide
20 information, as appropriate of the following procedures:
21 (a) At the request of the crime victim, law enforcement
22 authorities investigating the case shall provide notice of
23 the status of the investigation, except where the State's
24 Attorney determines that disclosure of such information would
25 unreasonably interfere with the investigation, until such
26 time as the alleged assailant is apprehended or the
27 investigation is closed.
28 (b) The office of the State's Attorney:
29 (1) shall provide notice of the filing of
30 information, the return of an indictment by which a
31 prosecution for any violent crime is commenced, or the
32 filing of a petition to adjudicate a minor as a
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1 delinquent for a violent crime;
2 (2) shall provide notice of the date, time, and
3 place of trial;
4 (3) or victim advocate personnel shall provide
5 information of social services and financial assistance
6 available for victims of crime, including information of
7 how to apply for these services and assistance;
8 (4) shall assist in having any stolen or other
9 personal property held by law enforcement authorities for
10 evidentiary or other purposes returned as expeditiously
11 as possible, pursuant to the procedures set out in
12 Section 115-9 of the Code of Criminal Procedure of 1963;
13 (5) or victim advocate personnel shall provide
14 appropriate employer intercession services to ensure that
15 employers of victims will cooperate with the criminal
16 justice system in order to minimize an employee's loss of
17 pay and other benefits resulting from court appearances;
18 (6) shall provide information whenever possible, of
19 a secure waiting area during court proceedings that does
20 not require victims to be in close proximity to defendant
21 or juveniles accused of a violent crime, and their
22 families and friends;
23 (7) shall provide notice to the crime victim of the
24 right to have a translator present at all court
25 proceedings;
26 (8) in the case of the death of a person, which
27 death occurred in the same transaction or occurrence in
28 which acts occurred for which a defendant is charged with
29 an offense, shall notify the spouse, parent, child or
30 sibling of the decedent of the date of the trial of the
31 person or persons allegedly responsible for the death;
32 (9) shall inform the victim of the right to have
33 present at all court proceedings, subject to the rules of
34 evidence, an advocate or other support person of the
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1 victim's choice, and the right to retain an attorney, at
2 the victim's own expense, who, upon written notice filed
3 with the clerk of the court and State's Attorney, is to
4 receive copies of all notices, motions and court orders
5 filed thereafter in the case, in the same manner as if
6 the victim were a named party in the case; and
7 (10) at the sentencing hearing shall make a good
8 faith attempt to explain the minimum amount of time
9 during which the defendant may actually be physically
10 imprisoned. The Office of the State's Attorney shall
11 further notify the crime victim of the right to request
12 from the Prisoner Review Board information concerning the
13 release of the defendant under subparagraph (d)(1) of
14 this Section; and
15 (11) shall request restitution at sentencing and
16 shall consider restitution in any plea negotiation, as
17 provided by law.
18 (c) At the written request of the crime victim, the
19 office of the State's Attorney shall:
20 (1) provide notice a reasonable time in advance of
21 the following court proceedings: preliminary hearing, any
22 hearing the effect of which may be the release of
23 defendant from custody, or to alter the conditions of
24 bond and the sentencing hearing. The crime victim shall
25 also be notified of the cancellation of the court
26 proceeding in sufficient time, wherever possible, to
27 prevent an unnecessary appearance in court;
28 (2) provide notice within a reasonable time after
29 receipt of notice from the custodian, of the release of
30 the defendant on bail or personal recognizance or the
31 release from detention of a minor who has been detained
32 for a violent crime;
33 (3) explain in nontechnical language the details of
34 any plea or verdict of a defendant, or any adjudication
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1 of a juvenile as a delinquent for a violent crime;
2 (4) where practical, consult with the crime victim
3 before the Office of the State's Attorney makes an offer
4 of a plea bargain to the defendant or enters into
5 negotiations with the defendant concerning a possible
6 plea agreement, and shall consider the written victim
7 impact statement, if prepared prior to entering into a
8 plea agreement;
9 (5) provide notice of the ultimate disposition of
10 the cases arising from an indictment or an information,
11 or a petition to have a juvenile adjudicated as a
12 delinquent for a violent crime;
13 (6) provide notice of any appeal taken by the
14 defendant and information on how to contact the
15 appropriate agency handling the appeal;
16 (7) provide notice of any request for
17 post-conviction review filed by the defendant under
18 Article 122 of the Code