State of Illinois
91st General Assembly
Legislation
3rd Special Session

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[ Introduced ][ Engrossed ][ House Amendment 002 ]
[ 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
 
                            -2-            LRB9100882WHdvam03
 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
 
                            -3-            LRB9100882WHdvam03
 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
 
                            -4-            LRB9100882WHdvam03
 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)
 
                            -5-            LRB9100882WHdvam03
 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
 
                            -6-            LRB9100882WHdvam03
 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
 
                            -7-            LRB9100882WHdvam03
 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
 
                            -8-            LRB9100882WHdvam03
 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,
 
                            -9-            LRB9100882WHdvam03
 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
 
                            -10-           LRB9100882WHdvam03
 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
 
                            -11-           LRB9100882WHdvam03
 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
 
                            -12-           LRB9100882WHdvam03
 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
 
                            -13-           LRB9100882WHdvam03
 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
 
                            -14-           LRB9100882WHdvam03
 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
 
                            -15-           LRB9100882WHdvam03
 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;
 
                            -16-           LRB9100882WHdvam03
 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
 
                            -17-           LRB9100882WHdvam03
 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
 
                            -18-           LRB9100882WHdvam03
 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
 
                            -19-           LRB9100882WHdvam03
 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
 
                            -21-           LRB9100882WHdvam03
 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
 
                            -23-           LRB9100882WHdvam03
 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
 
                            -26-           LRB9100882WHdvam03
 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
 
                            -27-           LRB9100882WHdvam03
 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
 
                            -28-           LRB9100882WHdvam03
 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
 
                            -34-           LRB9100882WHdvam03
 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,
 
                            -36-           LRB9100882WHdvam03
 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
 
                            -37-           LRB9100882WHdvam03
 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,
 
                            -38-           LRB9100882WHdvam03
 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.
 
                            -39-           LRB9100882WHdvam03
 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
 
                            -40-           LRB9100882WHdvam03
 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
 
                            -41-           LRB9100882WHdvam03
 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)
 
                            -42-           LRB9100882WHdvam03
 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
 
                            -43-           LRB9100882WHdvam03
 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
 
                            -44-           LRB9100882WHdvam03
 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
 
                            -45-           LRB9100882WHdvam03
 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
 
                            -46-           LRB9100882WHdvam03
 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
 
                            -47-           LRB9100882WHdvam03
 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.
 
                            -48-           LRB9100882WHdvam03
 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
 
                            -49-           LRB9100882WHdvam03
 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.
 
                            -50-           LRB9100882WHdvam03
 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
 
                            -51-           LRB9100882WHdvam03
 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;
 
                            -52-           LRB9100882WHdvam03
 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
 
                            -53-           LRB9100882WHdvam03
 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
 
                            -54-           LRB9100882WHdvam03
 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
 
                            -55-           LRB9100882WHdvam03
 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 -
 
                            -56-           LRB9100882WHdvam03
 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
 
                            -57-           LRB9100882WHdvam03
 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
 
                            -58-           LRB9100882WHdvam03
 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
 
                            -59-           LRB9100882WHdvam03
 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
 
                            -60-           LRB9100882WHdvam03
 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 of Criminal  Procedure  of  1963,
19        and of the date, time and place of any hearing concerning
20        the  petition.   Whenever possible, notice of the hearing
21        shall be given in advance;
22             (8)  forward a copy of any statement presented under
23        Section 6 to the Prisoner Review Board to  be  considered
24        by the Board in making its determination under subsection
25        (b) of Section 3-3-8 of the Unified Code of Corrections.
26        (d) (1)  The  Prisoner Review Board shall inform a victim
27        or any other concerned citizen, upon written request,  of
28        the  prisoner's  release  on parole, mandatory supervised
29        release, electronic detention, work  release  or  by  the
30        custodian  of  the  discharge  of  any individual who was
31        adjudicated a delinquent for a violent crime  from  State
32        custody  and  by the sheriff of the appropriate county of
33        any such person's final discharge  from  county  custody.
34        The  Prisoner  Review  Board, upon written request, shall
 
                            -61-           LRB9100882WHdvam03
 1        provide to a victim or  any  other  concerned  citizen  a
 2        recent  photograph  of  any person convicted of a felony,
 3        upon his or her release from custody. The Prisoner Review
 4        Board, upon written request, shall inform a victim or any
 5        other concerned citizen when feasible  at  least  7  days
 6        prior  to the prisoner's release on furlough of the times
 7        and dates of such furlough.  Upon written request by  the
 8        victim  or  any  other  concerned  citizen,  the  State's
 9        Attorney  shall  notify  the person once of the times and
10        dates of release of  a  prisoner  sentenced  to  periodic
11        imprisonment.   Notification  shall  be based on the most
12        recent information as  to  victim's  or  other  concerned
13        citizen's  residence  or  other location available to the
14        notifying authority. For purposes of this  paragraph  (1)
15        of subsection (d), "concerned citizen" includes relatives
16        of  the  victim,  friends of the victim, witnesses to the
17        crime, or any other person associated with the victim  or
18        prisoner.
19             (2)  When  the  defendant  has been committed to the
20        Department of Human Services pursuant to Section 5-2-4 or
21        any other provision of the Unified Code  of  Corrections,
22        the  victim  may  request to be notified by the releasing
23        authority  of  the  defendant's  discharge   from   State
24        custody.
25             (3)  In  the  event of an escape from State custody,
26        the Department of Corrections  immediately  shall  notify
27        the  Prisoner Review Board of the escape and the Prisoner
28        Review Board shall notify the victim.   The  notification
29        shall be based upon the most recent information as to the
30        victim's  residence  or  other  location available to the
31        Board.  When no such information is available, the  Board
32        shall   make   all   reasonable  efforts  to  obtain  the
33        information and make the notification.  When the  escapee
34        is apprehended, the Department of Corrections immediately
 
                            -62-           LRB9100882WHdvam03
 1        shall  notify  the  Prisoner  Review  Board and the Board
 2        shall notify the victim.
 3             (4)  The victim of the crime for which the  prisoner
 4        has  been  sentenced  shall  receive  reasonable  written
 5        notice  not less than 15 days prior to the parole hearing
 6        and may submit, in writing, on film, videotape  or  other
 7        electronic  means  or  in  the  form of a recording or in
 8        person   at   the   parole   hearing,   information   for
 9        consideration by the Prisoner Review Board.   The  victim
10        shall  be  notified  within 7 days after the prisoner has
11        been granted parole and shall be informed of the right to
12        inspect the registry  of  parole  decisions,  established
13        under subsection (g) of Section 3-3-5 of the Unified Code
14        of Corrections.  The provisions of this paragraph (4) are
15        subject to the Open Parole Hearings Act.
16             (5)  If  a  statement  is presented under Section 6,
17        the Prisoner Review Board shall inform the victim of  any
18        order  of  discharge  entered  by  the  Board pursuant to
19        Section 3-3-8 of the Unified Code of Corrections.
20             (6)  At the written request of  the  victim  of  the
21        crime  for which the prisoner was sentenced, the Prisoner
22        Review Board shall notify the victim of the death of  the
23        prisoner   if  the  prisoner  died  while  on  parole  or
24        mandatory supervised release.
25             (7)  When a defendant who has been committed to  the
26        Department  of  Corrections  or  the  Department of Human
27        Services  is  released  or  discharged  and  subsequently
28        committed to  the  Department  of  Human  Services  as  a
29        sexually  violent  person and the victim had requested to
30        be notified by the releasing authority of the defendant's
31        discharge from State  custody,  the  releasing  authority
32        shall  provide  to  the Department of Human Services such
33        information that would  allow  the  Department  of  Human
34        Services to contact the victim.
 
                            -63-           LRB9100882WHdvam03
 1        (e)  The officials named in this Section may satisfy some
 2    or  all  of  their  obligations  to provide notices and other
 3    information through participation in a statewide  victim  and
 4    witness  notification  system  established  by  the  Attorney
 5    General under Section 8.5 of this Act.
 6    (Source:  P.A.  90-14,  eff.  7-1-97;  90-793,  eff. 8-14-98;
 7    91-237, 1-1-00.)

 8        (725 ILCS 120/6) (from Ch. 38, par. 1406)
 9        Sec. 6.  Rights to present victim impact statement.
10        (a)  In any case where a defendant has been convicted  of
11    a  violent  crime  or  a  juvenile  has  been  adjudicated  a
12    delinquent  for  a  violent  crime except those in which both
13    parties have agreed to the imposition of a specific sentence,
14    and a victim of the violent crime is present in the courtroom
15    at the time of the sentencing or the disposition hearing, the
16    victim upon his or  her  request  shall  have  the  right  to
17    address  the court regarding the impact which the defendant's
18    criminal conduct or the juvenile's delinquent conduct has had
19    upon the victim. If  the  victim  chooses  to  exercise  this
20    right,  the  impact  statement  must  have  been  prepared in
21    writing  in  conjunction  with  the  Office  of  the  State's
22    Attorney prior to the initial hearing or  sentencing,  before
23    it  can  be  presented orally or in writing at the sentencing
24    hearing.  In conjunction  with  the  Office  of  the  State's
25    Attorney,  a victim impact statement that is presented orally
26    may be done so by the victim or his  or  her  representative.
27    The  court  shall consider any statements made by the victim,
28    along with all other appropriate factors in  determining  the
29    sentence of the defendant or disposition of such juvenile.
30        (b)  The  crime  victim has the right to prepare a victim
31    impact statement and present it to the Office of the  State's
32    Attorney at any time during the proceedings.
33        (c)  This Section shall apply to any victims of a violent
 
                            -64-           LRB9100882WHdvam03
 1    crime during any dispositional hearing under Section 5-705 of
 2    the  Juvenile Court Act of 1987 which takes place pursuant to
 3    an adjudication of delinquency for any such offense.
 4    (Source: P.A. 89-546, eff. 1-1-97; 90-590, eff. 1-1-99.)

 5        Section  35-20.   The  Unified  Code  of  Corrections  is
 6    amended by re-enacting Sections 3-6-4, 3-10-13,  3-14-1,  and
 7    3-14-4 as follows:

 8        (730 ILCS 5/3-6-4) (from Ch. 38, par. 1003-6-4)
 9        Sec. 3-6-4.  Enforcement of Discipline - Escape.
10        (a)  A committed person who escapes or attempts to escape
11    from  an  institution  or  facility of the Adult Division, or
12    escapes or attempts to escape while  in  the  custody  of  an
13    employee  of  the Adult Division, or holds or participates in
14    the holding of any person as a hostage by  force,  threat  or
15    violence,   or   while   participating  in  any  disturbance,
16    demonstration or riot, causes, directs or participates in the
17    destruction of any property is guilty of a Class 2 felony.  A
18    committed  person  who  fails to return from furlough or from
19    work and day release is guilty of a Class 3 felony.
20        (b)  If one or more committed persons injures or attempts
21    to injure in a violent manner any employee,  officer,  guard,
22    other  peace officer or any other committed person or damages
23    or attempts to  damage  any  building  or  workshop,  or  any
24    appurtenances  thereof, or attempts to escape, or disobeys or
25    resists any lawful command, the employees,  officers,  guards
26    and  other  peace  officers  shall  use all suitable means to
27    defend themselves, to enforce the observance  of  discipline,
28    to  secure  the  persons  of  the offenders, and prevent such
29    attempted violence or escape; and said  employees,  officers,
30    guards,  or  other  peace officers, or any of them, shall, in
31    the attempt to prevent the escape of any such person,  or  in
32    attempting  to  retake any such person who has escaped, or in
 
                            -65-           LRB9100882WHdvam03
 1    attempting to prevent or suppress  violence  by  a  committed
 2    person  against  another  person,  a  riot, revolt, mutiny or
 3    insurrection, be justified in the  use  of  force,  including
 4    force  likely  to  cause  death  or  great  bodily harm under
 5    Section 7-8 of the Criminal Code of 1961 which he  reasonably
 6    believed necessary.
 7        As  used  in  this Section, "committed person" includes a
 8    person held in detention in a secure facility or committed as
 9    a sexually violent person and held in a secure facility under
10    the Sexually  Violent  Persons  Commitment  Act;  and  "peace
11    officer"  means  any  officer or member of any duly organized
12    State, county or municipal police unit or police force.
13        (c)  The Department shall establish procedures to provide
14    immediate notification  of  the  escape  of  any  person,  as
15    defined  in  subsection  (a)  of this Section, to the persons
16    specified in subsection (c) of Section 3-14-1 of this Code.
17    (Source: P.A. 89-8, eff. 3-21-95; 90-793, eff. 8-14-98.)

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

29        (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
30        Sec. 3-14-1. Release from the Institution.
31        (a)  Upon  release  of  a  person  on  parole,  mandatory
32    release, final  discharge  or  pardon  the  Department  shall
 
                            -66-           LRB9100882WHdvam03
 1    return  all  property held for him, provide him with suitable
 2    clothing and procure necessary transportation for him to  his
 3    designated  place of residence and employment. It may provide
 4    such person with a grant of money  for  travel  and  expenses
 5    which  may  be  paid in installments. The amount of the money
 6    grant shall be determined by the Department.
 7        The Department of Corrections may establish and maintain,
 8    in any institution it  administers,  revolving  funds  to  be
 9    known  as  "Travel  and  Allowances  Revolving Funds".  These
10    revolving funds  shall  be  used  for  advancing  travel  and
11    expense  allowances  to  committed,  paroled,  and discharged
12    prisoners.  The moneys paid into such revolving  funds  shall
13    be  from  appropriations  to  the  Department  for Committed,
14    Paroled, and Discharged Prisoners.
15        (b)  (Blank).
16        (c)  Except as  otherwise  provided  in  this  Code,  the
17    Department  shall  establish  procedures  to  provide written
18    notification of any  release  of  any  person  who  has  been
19    convicted  of a felony to the State's Attorney and sheriff of
20    the county from which the offender  was  committed,  and  the
21    State's  Attorney  and  sheriff  of the county into which the
22    offender is to be paroled or released.  Except  as  otherwise
23    provided   in  this  Code,  the  Department  shall  establish
24    procedures to provide written notification to the proper  law
25    enforcement agency for any municipality of any release of any
26    person  who  has  been convicted of a felony if the arrest of
27    the offender or the commission of the offense took  place  in
28    the  municipality,  if  the  offender  is  to  be  paroled or
29    released into the municipality, or if the offender resided in
30    the municipality  at  the  time  of  the  commission  of  the
31    offense.  If  a  person  convicted  of a felony who is in the
32    custody of the Department of  Corrections  or  on  parole  or
33    mandatory  supervised  release informs the Department that he
34    or she has resided, resides, or will  reside  at  an  address
 
                            -67-           LRB9100882WHdvam03
 1    that  is  a  housing  facility  owned,  managed, operated, or
 2    leased by a public housing agency, the Department  must  send
 3    written  notification  of  that  information  to  the  public
 4    housing  agency  that  owns, manages, operates, or leases the
 5    housing  facility.   The  written  notification  shall,  when
 6    possible, be given at least 14 days  before  release  of  the
 7    person from custody, or as soon thereafter as possible.
 8        (c-1)  (Blank).
 9        (d)  Upon  the  release  of a committed person on parole,
10    mandatory supervised release, final discharge or pardon,  the
11    Department   shall   provide  such  person  with  information
12    concerning programs and services of the  Illinois  Department
13    of  Public  Health  to ascertain whether such person has been
14    exposed to the human  immunodeficiency  virus  (HIV)  or  any
15    identified   causative  agent  of  Acquired  Immunodeficiency
16    Syndrome (AIDS).
17    (Source: P.A. 91-506, eff. 8-13-99.)

18        (730 ILCS 5/3-14-4) (from Ch. 38, par. 1003-14-4)
19        Sec. 3-14-4. Half-way Houses.
20        (a)  The Department may establish and  maintain  half-way
21    houses  for  the  residence of persons on parole or mandatory
22    release. Such half-way houses shall be maintained apart  from
23    security   institutions,   except   that   the   Director  of
24    Corrections is authorized to designate that any work  or  day
25    release  facility,  or  any portion thereof, may be used as a
26    half-way house for the residence  of  persons  on  parole  or
27    mandatory supervised release.
28        (b)  For  those  persons to be placed in a half-way house
29    directly upon  release  from  an  institution  on  parole  or
30    mandatory  supervised  release  status, not less than 15 days
31    prior to the placement of such a person in  such  a  half-way
32    house,  the  Department  of  Corrections  shall  give written
33    notice to the State's Attorney and the Sheriff of the  county
 
                            -68-           LRB9100882WHdvam03
 1    and  the proper law enforcement agency of the municipality in
 2    which the half-way house is located of the  identity  of  the
 3    person  to  be  placed  in  that  program.   Such identifying
 4    information shall include, but not be limited to, the name of
 5    the individual, age, physical  description,  photograph,  the
 6    crime  for  which  the person was originally sentenced to the
 7    Department of Corrections, and like information.  The  notice
 8    shall  be  given  in  all  cases, except when placement of an
 9    emergency nature is necessary.  In such emergency cases, oral
10    notice shall be given to the appropriate  parties  within  24
11    hours with written notice to follow within 5 days.
12        (c)  Persons  on  parole  or mandatory supervised release
13    status who have been previously released  to  the  community,
14    but  who  are not currently residing in a half-way house, may
15    be placed in a half-way house upon the oral  notification  of
16    the parties within 24 hours as indicated in subsection (b) of
17    this  Section.  Such oral notification shall be followed with
18    written notification within 5 days.
19    (Source: P.A. 88-680, eff. 1-1-95.)

20                             ARTICLE 40

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

23        (720 ILCS 5/12-6.1) (from Ch. 38, par. 12-6.1)
24        Sec.   12-6.1.  Compelling   organization  membership  of
25    persons. A person who expressly or impliedly threatens to  do
26    bodily  harm  or does bodily harm to an individual or to that
27    individual's family or uses  any  other  criminally  unlawful
28    means  to  solicit  or cause any person to join, or deter any
29    person  from  leaving,  any   organization   or   association
30    regardless of the nature of such organization or association,
31    is guilty of a Class 2 felony.
 
                            -69-           LRB9100882WHdvam03
 1        Any  person of the age of 18 years or older who expressly
 2    or impliedly threatens to do bodily harm or does bodily  harm
 3    to  a  person  under  18  years  of  age  or  uses  any other
 4    criminally unlawful means to  solicit  or  cause  any  person
 5    under  18  years of age to join, or deter any person under 18
 6    years of age from leaving, any  organization  or  association
 7    regardless  of the nature of such organization or association
 8    is guilty of a Class 1 felony.
 9        A person convicted of an offense under this Section shall
10    not  be  eligible  to  receive  a  sentence   of   probation,
11    conditional discharge, or periodic imprisonment.
12    (Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 1-1-96; 89-314,
13    eff. 1-1-96; 89-626, eff. 8-9-96.)

14                             ARTICLE 50

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

18        (430 ILCS 65/2) (from Ch. 38, par. 83-2)
19        Sec. 2.  Firearm Owner's  Identification  Card  required;
20    exceptions.
21        (a) (1)  No  person  may  acquire  or possess any firearm
22    within this State without having in his or her  possession  a
23    Firearm  Owner's Identification Card previously issued in his
24    or her name by the  Department  of  State  Police  under  the
25    provisions of this Act.
26        (2)  No  person may acquire or possess firearm ammunition
27    within this State without having in his or her  possession  a
28    Firearm  Owner's Identification Card previously issued in his
29    or her name by the  Department  of  State  Police  under  the
30    provisions of this Act.
31        (b)  The   provisions   of  this  Section  regarding  the
 
                            -70-           LRB9100882WHdvam03
 1    possession of firearms and firearm ammunition  do  not  apply
 2    to:
 3             (1)  United  States  Marshals,  while engaged in the
 4        operation of their official duties;
 5             (2)  Members of  the  Armed  Forces  of  the  United
 6        States  or  the  National  Guard,  while  engaged  in the
 7        operation of their official duties;
 8             (3)  Federal officials required to  carry  firearms,
 9        while engaged in the operation of their official duties;
10             (4)  Members  of  bona  fide  veterans organizations
11        which receive firearms directly from the armed forces  of
12        the   United   States,   while  using  the  firearms  for
13        ceremonial purposes with blank ammunition;
14             (5)  Nonresident hunters during hunting season, with
15        valid nonresident hunting licenses and while in  an  area
16        where  hunting  is permitted; however, at all other times
17        and in all other places these  persons  must  have  their
18        firearms unloaded and enclosed in a case;
19             (6)  Those  hunters  exempt from obtaining a hunting
20        license who are required to submit their Firearm  Owner's
21        Identification Card when hunting on Department of Natural
22        Resources owned or managed sites;
23             (7)  Nonresidents  while  on  a  firing  or shooting
24        range recognized  by  the  Department  of  State  Police;
25        however, these persons must at all other times and in all
26        other places have their firearms unloaded and enclosed in
27        a case;
28             (8)  Nonresidents  while  at  a  firearm  showing or
29        display recognized by the  Department  of  State  Police;
30        however, at all other times and in all other places these
31        persons must have their firearms unloaded and enclosed in
32        a case;
33             (9)  Nonresidents  whose  firearms  are unloaded and
34        enclosed in a case;
 
                            -71-           LRB9100882WHdvam03
 1             (10)  Nonresidents who  are  currently  licensed  or
 2        registered to possess a firearm in their resident state;
 3             (11)  Unemancipated  minors while in the custody and
 4        immediate control of their parent or  legal  guardian  or
 5        other  person in loco parentis to the minor if the parent
 6        or legal guardian or other person in loco parentis to the
 7        minor   has   a   currently   valid    Firearm    Owner's
 8        Identification Card;
 9             (12)  Color    guards    of   bona   fide   veterans
10        organizations or members of  bona  fide  American  Legion
11        bands  while  using firearms for ceremonial purposes with
12        blank ammunition;
13             (13)  Nonresident hunters whose state  of  residence
14        does  not  require  them  to be licensed or registered to
15        possess a firearm and only during  hunting  season,  with
16        valid hunting licenses, while accompanied by, and using a
17        firearm  owned by, a person who possesses a valid Firearm
18        Owner's Identification Card and while in an area within a
19        commercial club licensed under the  Wildlife  Code  where
20        hunting  is  permitted and controlled, but in no instance
21        upon sites owned or managed by the Department of  Natural
22        Resources; and
23             (14)  Resident  hunters  who are properly authorized
24        to hunt and, while accompanied by a person who  possesses
25        a  valid  Firearm Owner's Identification Card, hunt in an
26        area within a commercial club licensed under the Wildlife
27        Code where hunting is permitted and controlled.
28        (c)  The  provisions  of  this  Section   regarding   the
29    acquisition and possession of firearms and firearm ammunition
30    do  not  apply  to  law  enforcement officials of this or any
31    other jurisdiction, while engaged in the operation  of  their
32    official duties.
33    (Source: P.A. 88-680, eff. 1-1-95; 89-445, eff. 2-7-96.)
 
                            -72-           LRB9100882WHdvam03
 1        (430 ILCS 65/4) (from Ch. 38, par. 83-4)
 2        Sec.   4.  (a)  Each  applicant  for  a  Firearm  Owner's
 3    Identification Card must:
 4             (1)  Make application on blank  forms  prepared  and
 5        furnished at convenient locations throughout the State by
 6        the Department of State Police; and
 7             (2)  Submit evidence under penalty of perjury to the
 8        Department of State Police that:
 9                  (i)  He  or  she is 21 years of age or over, or
10             if he or she is under 21 years of age that he or she
11             has the written consent of  his  or  her  parent  or
12             legal  guardian  to possess and acquire firearms and
13             firearm ammunition and that he or she has never been
14             convicted of a  misdemeanor  other  than  a  traffic
15             offense  or  adjudged delinquent, provided, however,
16             that  such  parent  or  legal  guardian  is  not  an
17             individual prohibited from having a Firearm  Owner's
18             Identification  Card and files an affidavit with the
19             Department as prescribed by the  Department  stating
20             that  he or she is not an individual prohibited from
21             having a Card;
22                  (ii)  He or she has not  been  convicted  of  a
23             felony   under   the  laws  of  this  or  any  other
24             jurisdiction;
25                  (iii)  He or she is not addicted to narcotics;
26                  (iv)  He or she has not been  a  patient  in  a
27             mental institution within the past 5 years;
28                  (v)  He or she is not mentally retarded;
29                  (vi)  He   or  she  is  not  an  alien  who  is
30             unlawfully present in the United  States  under  the
31             laws of the United States;
32                  (vii)  He  or she is not subject to an existing
33             order of protection  prohibiting  him  or  her  from
34             possessing a firearm;
 
                            -73-           LRB9100882WHdvam03
 1                  (viii)  He or she has not been convicted within
 2             the past 5 years  of  battery,  assault,  aggravated
 3             assault,  violation  of an order of protection, or a
 4             substantially    similar    offense    in    another
 5             jurisdiction,  in  which  a  firearm  was  used   or
 6             possessed;
 7                  (ix)  He  or  she  has  not  been  convicted of
 8             domestic battery or a substantially similar  offense
 9             in  another  jurisdiction  committed on or after the
10             effective date of this amendatory Act of 1997; and
11                  (x)  He or she has not  been  convicted  within
12             the   past   5   years  of  domestic  battery  or  a
13             substantially    similar    offense    in    another
14             jurisdiction committed before the effective date  of
15             this amendatory Act of 1997; and
16             (3)  Upon request by the Department of State Police,
17        sign  a release on a form prescribed by the Department of
18        State Police waiving any  right  to  confidentiality  and
19        requesting  the  disclosure  to  the  Department of State
20        Police of limited  mental  health  institution  admission
21        information from another state, the District of Columbia,
22        any  other  territory  of the United States, or a foreign
23        nation concerning the applicant for the sole  purpose  of
24        determining  whether the applicant is or was a patient in
25        a mental health institution and disqualified  because  of
26        that    status   from   receiving   a   Firearm   Owner's
27        Identification Card.  No mental health care or  treatment
28        records may be requested.  The information received shall
29        be destroyed within one year of receipt.
30        (b)  Each  application  form  shall include the following
31    statement printed in bold type:  "Warning:  False  statements
32    of  the  applicant shall result in prosecution for perjury in
33    accordance with Section 32-2 of the Criminal Code of 1961.".
34        (c)  Upon such written consent, pursuant  to  Section  4,
 
                            -74-           LRB9100882WHdvam03
 1    paragraph  (a)  (2)  (i), the parent or legal guardian giving
 2    the consent shall be liable for any  damages  resulting  from
 3    the applicant's use of firearms or firearm ammunition.
 4    (Source: P.A. 90-493, eff. 1-1-98; 91-514, eff. 1-1-00.)

 5        (430 ILCS 65/8) (from Ch. 38, par. 83-8)
 6        Sec.  8.  The Department of State Police has authority to
 7    deny an application for or to  revoke  and  seize  a  Firearm
 8    Owner's  Identification Card previously issued under this Act
 9    only if the Department finds that the applicant or the person
10    to whom such card was  issued  is  or  was  at  the  time  of
11    issuance:
12        (a)  A  person  under  21  years  of  age  who  has  been
13    convicted  of  a  misdemeanor other than a traffic offense or
14    adjudged delinquent;
15        (b)  A person under 21 years of age who does not have the
16    written consent of his parent  or  guardian  to  acquire  and
17    possess  firearms  and firearm ammunition, or whose parent or
18    guardian has revoked such  written  consent,  or  where  such
19    parent or guardian does not qualify to have a Firearm Owner's
20    Identification Card;
21        (c)  A  person  convicted  of  a felony under the laws of
22    this or any other jurisdiction;
23        (d)  A person addicted to narcotics;
24        (e)  A  person  who  has  been  a  patient  of  a  mental
25    institution within the past 5 years;
26        (f)  A person whose mental condition is of such a  nature
27    that  it  poses  a clear and present danger to the applicant,
28    any other person or persons or the community;
29        For the purposes  of  this  Section,  "mental  condition"
30    means  a  state  of  mind  manifested  by  violent, suicidal,
31    threatening or assaultive behavior.
32        (g)  A person who is mentally retarded;
33        (h)  A person who intentionally makes a  false  statement
 
                            -75-           LRB9100882WHdvam03
 1    in the Firearm Owner's Identification Card application;
 2        (i)  An  alien  who  is  unlawfully present in the United
 3    States under the laws of the United States;
 4        (j)  A person who is subject  to  an  existing  order  of
 5    protection prohibiting him or her from possessing a firearm;
 6        (k)  A  person  who  has been convicted within the past 5
 7    years of battery, assault, aggravated assault,  violation  of
 8    an order of protection, or a substantially similar offense in
 9    another   jurisdiction,  in  which  a  firearm  was  used  or
10    possessed;
11        (l)  A person who has been convicted of domestic  battery
12    or  a  substantially  similar offense in another jurisdiction
13    committed on or after January 1, 1998;
14        (m)  A person who has been convicted within  the  past  5
15    years  of domestic battery or a substantially similar offense
16    in another jurisdiction committed before January 1, 1998; or
17        (n)   A  person  who  is  prohibited  from  acquiring  or
18    possessing firearms or firearm  ammunition  by  any  Illinois
19    State statute or by federal law.
20    (Source:  P.A.  89-367,  eff.  1-1-96;  90-130,  eff. 1-1-98;
21    90-493, eff. 1-1-98; 90-655, eff. 7-30-98.)

22        (430 ILCS 65/14) (from Ch. 38, par. 83-14)
23        Sec. 14.  Sentence.
24        (a)  A violation of paragraph (1) of  subsection  (a)  of
25    Section  2,  when the person's Firearm Owner's Identification
26    Card is expired but the person is not otherwise  disqualified
27    from renewing the card, is a Class A misdemeanor.
28        (b)  Except as provided in subsection (a) with respect to
29    an  expired  card, a violation of paragraph (1) of subsection
30    (a) of Section 2 is a Class A  misdemeanor  when  the  person
31    does   not   possess   a   currently  valid  Firearm  Owner's
32    Identification Card, but is  otherwise  eligible  under  this
33    Act.  A second or subsequent violation is a Class 4 felony.
 
                            -76-           LRB9100882WHdvam03
 1        (c)  A  violation  of  paragraph (1) of subsection (a) of
 2    Section 2 is a Class 3 felony when:
 3             (1)  the  person's  Firearm  Owner's  Identification
 4        Card is revoked or subject to revocation under Section 8;
 5        or
 6             (2)  the  person's  Firearm  Owner's  Identification
 7        Card is expired and not otherwise  eligible  for  renewal
 8        under this Act; or
 9             (3)  the  person  does not possess a currently valid
10        Firearm Owner's Identification Card, and  the  person  is
11        not otherwise eligible under this Act.
12        (d)  A  violation  of  subsection  (a)  of Section 3 is a
13    Class 4 felony.
14        (e)  Any other  violation  of  this  Act  is  a  Class  A
15    misdemeanor.
16    (Source: P.A. 88-680, eff. 1-1-95; 89-377, eff. 8-18-95.)

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

21        (720 ILCS 5/11-14) (from Ch. 38, par. 11-14)
22        Sec. 11-14.  Prostitution.
23        (a)  Any person who performs, offers or agrees to perform
24    any act of sexual penetration as defined in Section 12-12  of
25    this  Code for any money, property, token, object, or article
26    or anything of value, or any touching or fondling of the  sex
27    organs  of  one  person  by  another  person,  for any money,
28    property, token, object, or article or anything of value, for
29    the purpose of sexual arousal or gratification commits an act
30    of prostitution.
31        (b)  Sentence.
32        Prostitution is a Class A misdemeanor. A person convicted
 
                            -77-           LRB9100882WHdvam03
 1    of a second or subsequent violation of this  Section,  or  of
 2    any  combination  of  such  number  of convictions under this
 3    Section and Sections 11-15 , 11-17, 11-18, 11-18.1 and  11-19
 4    of this Code is guilty of a Class 4 felony. When a person has
 5    one  or more prior convictions, the information or indictment
 6    charging that person shall state such prior conviction so  as
 7    to  give  notice of the State's intention to treat the charge
 8    as a felony. The fact of such  prior  conviction  is  not  an
 9    element  of  the offense and may not be disclosed to the jury
10    during trial unless otherwise permitted  by  issues  properly
11    raised during such trial.
12        (c)  A person who violates this Section within 1,000 feet
13    of  real  property  comprising  a  school  commits  a Class 4
14    felony.
15    (Source: P.A.  91-274,  eff.  1-1-00;  91-498,  eff.  1-1-00;
16    revised 10-20-99.)

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

29        (720 ILCS 5/11-16) (from Ch. 38, par. 11-16)
30        Sec. 11-16. Pandering.
31        (a)  Any person who performs any of  the  following  acts
32    for  any  money,  property,  token,  object,  or  article  or
 
                            -78-           LRB9100882WHdvam03
 1    anything of value commits pandering:
 2             (1)  Compels a person to become a prostitute; or
 3             (2)  Arranges  or  offers  to arrange a situation in
 4        which a person may practice prostitution.
 5        (b)  Sentence.
 6        Pandering by compulsion is a Class  4  felony.  Pandering
 7    other than by compulsion is a Class 4 felony.
 8        (c)  A person who violates this Section within 1,000 feet
 9    of  real  property  comprising  a  school  commits  a Class 3
10    felony.
11    (Source: P.A. 91-274, eff. 1-1-00.)

12        (720 ILCS 5/11-19) (from Ch. 38, par. 11-19)
13        Sec. 11-19.  Pimping.
14        (a)  Any person who receives any money, property,  token,
15    object,  or  article  or anything of value from a prostitute,
16    not for a lawful consideration,  knowing  it  was  earned  in
17    whole  or  in part from the practice of prostitution, commits
18    pimping.
19        (b)  Sentence.
20        Pimping is a Class A misdemeanor. A person convicted of a
21    second or subsequent violation of this  Section,  or  of  any
22    combination  of such number of convictions under this Section
23    and Sections 11-14, 11-15, 11-17, 11-18 and 11-18.1  of  this
24    Code is guilty of a Class 4 felony.  When a person has one or
25    more   prior   convictions,  the  information  or  indictment
26    charging that person shall state such prior conviction so  as
27    to  give  notice of the State's intention to treat the charge
28    as a felony.  The fact of such conviction is not  an  element
29    of  the  offense  and may not be disclosed to the jury during
30    trial unless otherwise permitted by  issues  properly  raised
31    during such trial.
32        (c)  A person who violates this Section within 1,000 feet
33    of  real  property  comprising  a  school  commits  a Class 4
 
                            -79-           LRB9100882WHdvam03
 1    felony.
 2    (Source: P.A.  91-274,  eff.  1-1-00;  91-498,  eff.  1-1-00;
 3    revised 10-20-99.)

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

21        (720 ILCS 5/11-19.2) (from Ch. 38, par. 11-19.2)
22        Sec. 11-19.2.  Exploitation of a child.
23        (A)  A  person commits exploitation of a child when he or
24    she  confines  a  child  under  the   age   of   16   or   an
25    institutionalized  severely  or  profoundly mentally retarded
26    person against his or her will by the infliction or threat of
27    imminent  infliction  of   great   bodily   harm,   permanent
28    disability  or disfigurement or by administering to the child
29    or  an  institutionalized  severely  or  profoundly  mentally
30    retarded person without his or her consent or  by  threat  or
31    deception  and for other than medical purposes, any alcoholic
32    intoxicant or a drug as defined in  the  Illinois  Controlled
 
                            -80-           LRB9100882WHdvam03
 1    Substances Act or the Cannabis Control Act and:
 2             (1)  compels   the  child  or  an  institutionalized
 3        severely or profoundly mentally retarded person to become
 4        a prostitute; or
 5             (2)  arranges a situation in which the child  or  an
 6        institutionalized   severely   or   profoundly   mentally
 7        retarded person may practice prostitution; or
 8             (3)  receives any money, property, token, object, or
 9        article  or  anything  of  value  from  the  child  or an
10        institutionalized   severely   or   profoundly   mentally
11        retarded person knowing it was obtained in  whole  or  in
12        part from the practice of prostitution.
13        (B)  For  purposes  of this Section, administering drugs,
14    as defined in subsection (A), or an alcoholic intoxicant to a
15    child under the age of 13 or an institutionalized severely or
16    profoundly mentally retarded person shall  be  deemed  to  be
17    without  consent  if  such  administering is done without the
18    consent of the parents or legal guardian.
19        (C)  Exploitation of a child is a Class X felony.
20        (D)  Any person convicted under this Section  is  subject
21    to the forfeiture provisions of Section 11-20.1A of this Act.
22    (Source: P.A. 91-357, eff. 7-29-99.)

23        (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
24        Sec. 24-1. Unlawful Use of Weapons.
25        (a)  A  person  commits  the  offense  of unlawful use of
26    weapons when he knowingly:
27             (1)  Sells, manufactures,  purchases,  possesses  or
28        carries  any bludgeon, black-jack, slung-shot, sand-club,
29        sand-bag, metal knuckles, throwing star,  or  any  knife,
30        commonly  referred to as a switchblade knife, which has a
31        blade that opens automatically by hand  pressure  applied
32        to  a button, spring or other device in the handle of the
33        knife, or a ballistic  knife,  which  is  a  device  that
 
                            -81-           LRB9100882WHdvam03
 1        propels  a  knifelike blade as a projectile by means of a
 2        coil spring, elastic material or compressed gas; or
 3             (2)  Carries or possesses with  intent  to  use  the
 4        same  unlawfully  against another, a dagger, dirk, billy,
 5        dangerous knife, razor, stiletto, broken bottle or  other
 6        piece  of glass, stun gun or taser or any other dangerous
 7        or deadly weapon or instrument of like character; or
 8             (3)  Carries on  or  about  his  person  or  in  any
 9        vehicle,  a  tear gas gun projector or bomb or any object
10        containing noxious liquid gas or substance, other than an
11        object containing a  non-lethal  noxious  liquid  gas  or
12        substance designed solely for personal defense carried by
13        a person 18 years of age or older; or
14             (4)  Carries   or   possesses   in  any  vehicle  or
15        concealed on or about his person except when on his  land
16        or  in  his  own  abode  or  fixed  place of business any
17        pistol, revolver, stun gun or  taser  or  other  firearm,
18        except  that  this subsection (a)(4) does  not  apply  to
19        or affect  transportation of  weapons  that:
20                  (i) are broken   down   in   a  non-functioning
21             state; or
22                  (ii) are not immediately accessible; or
23                  (iii)  are  unloaded  and  enclosed in a  case,
24             firearm  carrying  box,  shipping  box,   or   other
25             container  by  the  possessor  of  a  valid  Firearm
26             Owner's Identification Card; or
27             (5)  Sets a spring gun; or
28             (6)  Possesses  any device or attachment of any kind
29        designed, used or  intended  for  use  in  silencing  the
30        report of any firearm; or
31             (7)  Sells,  manufactures,  purchases,  possesses or
32        carries:
33                  (i)  a machine gun, which shall be defined  for
34             the purposes of this subsection as any weapon, which
 
                            -82-           LRB9100882WHdvam03
 1             shoots,  is  designed  to  shoot,  or can be readily
 2             restored to shoot, automatically more than one  shot
 3             without  manually  reloading by a single function of
 4             the trigger, including the frame or receiver of  any
 5             such  weapon,  or  sells,  manufactures,  purchases,
 6             possesses,  or  carries  any  combination  of  parts
 7             designed  or  intended  for  use  in  converting any
 8             weapon into a machine gun,  or  any  combination  or
 9             parts  from  which a machine gun can be assembled if
10             such parts  are  in  the  possession  or  under  the
11             control of a person;
12                  (ii)  any rifle having one or more barrels less
13             than  16 inches in length or a shotgun having one or
14             more barrels less than 18 inches in  length  or  any
15             weapon  made  from  a  rifle  or shotgun, whether by
16             alteration, modification, or otherwise,  if  such  a
17             weapon  as  modified  has  an overall length of less
18             than 26 inches; or
19                  (iii)  any bomb, bomb-shell, grenade, bottle or
20             other container containing an explosive substance of
21             over one-quarter ounce for like purposes,  such  as,
22             but  not  limited to, black powder bombs and Molotov
23             cocktails or artillery projectiles; or
24             (8)  Carries or possesses any firearm, stun  gun  or
25        taser  or  other  deadly  weapon  in  any  place which is
26        licensed to sell intoxicating beverages, or at any public
27        gathering held  pursuant  to  a  license  issued  by  any
28        governmental  body  or  any  public gathering at which an
29        admission is charged, excluding a place where a  showing,
30        demonstration  or  lecture  involving  the  exhibition of
31        unloaded firearms is conducted; or
32             (9)  Carries or possesses in  a  vehicle  or  on  or
33        about  his person any pistol, revolver, stun gun or taser
34        or firearm or ballistic knife, when he is  hooded,  robed
 
                            -83-           LRB9100882WHdvam03
 1        or masked in such manner as to conceal his identity; or
 2             (10)  Carries  or  possesses on or about his person,
 3        upon any public street,  alley,  or  other  public  lands
 4        within  the  corporate  limits  of  a  city,  village  or
 5        incorporated  town,  except  when  an  invitee thereon or
 6        therein, for the purpose of the display of such weapon or
 7        the lawful commerce in weapons, or  except  when  on  his
 8        land  or in his own abode or fixed place of business, any
 9        pistol, revolver, stun gun or  taser  or  other  firearm,
10        except that  this subsection (a)(10) does  not  apply  to
11        or affect  transportation of  weapons  that:
12                  (i)  are  broken   down   in  a non-functioning
13             state; or
14                  (ii) are not immediately accessible; or
15                  (iii) are unloaded and  enclosed  in  a   case,
16             firearm   carrying   box,  shipping  box,  or  other
17             container  by  the  possessor  of  a  valid  Firearm
18             Owner's Identification Card.
19             A "stun gun or taser", as used in this paragraph (a)
20        means (i) any  device  which  is  powered  by  electrical
21        charging  units,  such as, batteries, and which fires one
22        or several barbs attached to a length of wire and  which,
23        upon  hitting  a human, can send out a current capable of
24        disrupting the person's nervous system in such  a  manner
25        as  to render him incapable of normal functioning or (ii)
26        any device which is powered by electrical charging units,
27        such as batteries, and which, upon contact with  a  human
28        or clothing worn by a human, can send out current capable
29        of  disrupting  the  person's  nervous  system  in such a
30        manner as to render him incapable of normal  functioning;
31        or
32             (11)  Sells, manufactures or purchases any explosive
33        bullet.   For  purposes  of this paragraph (a) "explosive
34        bullet" means the projectile  portion  of  an  ammunition
 
                            -84-           LRB9100882WHdvam03
 1        cartridge  which  contains or carries an explosive charge
 2        which will explode upon contact with the flesh of a human
 3        or an animal.  "Cartridge" means  a  tubular  metal  case
 4        having  a  projectile  affixed at the front thereof and a
 5        cap  or  primer  at  the  rear  end  thereof,  with   the
 6        propellant  contained in such tube between the projectile
 7        and the cap; or
 8             (12)  (Blank).
 9        (b)  Sentence. A  person  convicted  of  a  violation  of
10    subsection  24-1(a)(1)  through  (3),  subsection 24-1(a)(5),
11    subsection 24-1(a)(8), or subsection  24-1(a)(11)  commits  a
12    Class  A  misdemeanor.   A person convicted of a violation of
13    subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10)  commits  a
14    Class  4  felony;  a  person  convicted  of  a  violation  of
15    subsection  24-1(a)(6)  or  24-1(a)(7)(ii) or (iii) commits a
16    Class 3  felony.   A  person  convicted  of  a  violation  of
17    subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
18    weapon  is  possessed in the passenger compartment of a motor
19    vehicle as defined in Section 1-146 of the  Illinois  Vehicle
20    Code,  or on the person, while the weapon is loaded, in which
21    case it shall be a Class X felony.   A person convicted of  a
22    second  or  subsequent  violation  of  subsection 24-1(a)(4),
23    24-1(a)(9),  or  24-1(a)(10)  or  a  person  convicted  of  a
24    violation of subsection 24-1(a)(4)  or  24-1(a)(10)  who  has
25    previously been sentenced to probation under subsection (b-5)
26    of this Section commits a Class 3 felony.
27        (b-5)  Probation.
28             (1)  Whenever  a person pleads guilty to or is found
29        guilty  of  a  violation  of  subsection  24-1(a)(4)   or
30        24-1(a-10)  of  this Section, the court, without entering
31        judgment, shall place the person on probation  under  the
32        terms of this subsection (b-5) unless:
33                  (A)  the  person  has  been  convicted  of  any
34             offense  relating  to the unlawful use or possession
 
                            -85-           LRB9100882WHdvam03
 1             of a firearm or  of  any  offense  classified  as  a
 2             felony in this or any other jurisdiction;
 3                  (B)  within  2  years preceding the date of the
 4             current offense, the person has been convicted of or
 5             given supervision for a Class A  misdemeanor,  other
 6             than a misdemeanor traffic-related offense;
 7                  (C)  within  5  years preceding the date of the
 8             current offense, the  person  has  been  adjudicated
 9             delinquent  for  any  forcible  felony,  Class  2 or
10             greater felony,  or  any  offense  relating  to  the
11             unlawful  use  or  possession of a firearm under the
12             laws of this State or  similar  laws  of  any  other
13             jurisdiction;
14                  (D)  the  person  is  not the holder of a valid
15             Firearm Owner's Identification Card at the time  the
16             offense is committed; or
17                  (E)  the  State's  Attorney  shows to the court
18             good cause why the sentence should not be imposed.
19             The  court   shall  specify   on  the   record   the
20        particular evidence, information, or other  reasons  that
21        form the basis of  its sentence.
22             (2)  When a person is placed on probation, the court
23        shall enter an order specifying a period of not less than
24        6  months  nor  more  than  12 months probation and shall
25        defer  further  proceedings  in  the   case   until   the
26        conclusion  of  the  period  or  until  the  filing  of a
27        petition alleging violation of a  term  or  condition  of
28        probation.
29             (3)  The  conditions  of probation shall be that the
30        person:
31                  (i)  not violate any criminal  statute  of  any
32             jurisdiction other than a municipal ordinance;
33                  (ii)  perform   no   less   than  30  hours  of
34             community service,  provided  community  service  is
 
                            -86-           LRB9100882WHdvam03
 1             available  in  the  jurisdiction  and  is funded and
 2             approved by the county board.
 3             (4)  The court may, in addition to other conditions,
 4        require that the person:
 5                  (i)  make a report  to  and  appear  in  person
 6             before  or  participate  with  the  court or courts,
 7             person, or social service agency as directed by  the
 8             court in the order of probation;
 9                  (ii)  pay a fine and costs;
10                  (iii)  refrain  from  possessing  a  firearm or
11             other dangerous weapon.
12             (5)  Upon  violation  of  a  term  or  condition  of
13        probation, the court may enter a judgment on its original
14        finding of guilt and proceed as otherwise provided.
15             (6)  Upon fulfillment of the terms and conditions of
16        probation, the  court  shall  discharge  the  person  and
17        dismiss the proceedings against him or her.
18             (7)  A  disposition of probation is considered to be
19        a conviction for the purposes of imposing the  conditions
20        of  probation  and  for  appeal;  however,  discharge and
21        dismissal under this subsection (b-5) is not a conviction
22        for  purposes  of  this   Code   or   for   purposes   of
23        disqualifications  or  disabilities  imposed  by law upon
24        conviction of a crime. During the  period  of  probation,
25        the  person  shall  not be considered under indictment or
26        otherwise charged with a crime. If, however,  the  person
27        is  convicted  of  any  offense  within  10  years  of  a
28        discharge  and dismissal under this subsection (b-5), the
29        discharge  and  dismissal  shall  be  admissible  in  the
30        sentencing proceeding for that conviction as evidence  in
31        aggravation.
32             (8)  There  may  be only one discharge and dismissal
33        under this subsection (b-5) with respect to any person.
34             (9)  Nothing in this subsection (b-5) prohibits  the
 
                            -87-           LRB9100882WHdvam03
 1        imposition  of a sentence under Article 6 of Chapter V of
 2        the Unified Code of Corrections in the case of  a  person
 3        who  is  not eligible for probation under this subsection
 4        (b-5).
 5        (c)  Violations in specific places.
 6             (1)  A person who violates subsection 24-1(a)(6)  or
 7        24-1(a)(7)  in  any school, regardless of the time of day
 8        or the time  of  year,  in  residential  property  owned,
 9        operated  and  managed  by  a public housing agency, in a
10        public park,  in  a  courthouse,  on  the  real  property
11        comprising  any  school, regardless of the time of day or
12        the  time  of  year,  on  residential   property   owned,
13        operated  and  managed by a public housing agency, on the
14        real property comprising any public  park,  on  the  real
15        property  comprising  any  courthouse,  in any conveyance
16        owned, leased or contracted  by  a  school  to  transport
17        students  to or from school or a school related activity,
18        or on any public  way  within  1,000  feet  of  the  real
19        property  comprising any school, public park, courthouse,
20        or residential property owned, operated, and managed by a
21        public housing agency commits a Class 2 felony.
22             (1.5)  A person who violates subsection  24-1(a)(4),
23        24-1(a)(9),  or  24-1(a)(10) in any school, regardless of
24        the time of day or  the  time  of  year,  in  residential
25        property owned, operated, and managed by a public housing
26        agency,  in  a  public park, in a courthouse, on the real
27        property comprising any school, regardless of the time of
28        day or the time of year, on residential  property  owned,
29        operated,  and managed by a public housing agency, on the
30        real property comprising any public  park,  on  the  real
31        property  comprising  any  courthouse,  in any conveyance
32        owned, leased, or contracted by  a  school  to  transport
33        students  to or from school or a school related activity,
34        or on any public  way  within  1,000  feet  of  the  real
 
                            -88-           LRB9100882WHdvam03
 1        property  comprising any school, public park, courthouse,
 2        or residential property owned, operated, and managed by a
 3        public housing agency commits a Class 3 felony.
 4             (2)  A person who  violates  subsection  24-1(a)(1),
 5        24-1(a)(2),  or  24-1(a)(3)  in any school, regardless of
 6        the time of day or  the  time  of  year,  in  residential
 7        property  owned, operated and managed by a public housing
 8        agency, in a public park, in a courthouse,  on  the  real
 9        property comprising any school, regardless of the time of
10        day  or  the time of year, on residential property owned,
11        operated and managed by a public housing agency,  on  the
12        real  property  comprising  any  public park, on the real
13        property comprising any  courthouse,  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 the real
17        property comprising any school, public park,  courthouse,
18        or residential property owned, operated, and managed by a
19        public   housing   agency   commits  a  Class  4  felony.
20        "Courthouse" means any  building  that  is  used  by  the
21        Circuit,  Appellate,  or  Supreme Court of this State for
22        the conduct of official business.
23             (3)  Paragraphs  (1),  (1.5),  and   (2)   of   this
24        subsection   (c)  shall  not  apply  to  law  enforcement
25        officers or security officers of such school, college, or
26        university or to students carrying or possessing firearms
27        for use in training  courses,  parades,  hunting,  target
28        shooting  on school ranges, or otherwise with the consent
29        of school authorities and which firearms are  transported
30        unloaded   enclosed   in   a   suitable   case,  box,  or
31        transportation package.
32             (4)  For  the  purposes  of  this  subsection   (c),
33        "school"  means  any  public  or  private  elementary  or
34        secondary   school,   community   college,   college,  or
 
                            -89-           LRB9100882WHdvam03
 1        university.
 2        (d)  The presence in an automobile other  than  a  public
 3    omnibus of any weapon, instrument or substance referred to in
 4    subsection  (a)(7)  is prima facie evidence that it is in the
 5    possession of, and is being carried by, all persons occupying
 6    such automobile  at  the  time  such  weapon,  instrument  or
 7    substance is found, except under the following circumstances:
 8    (i)  if  such  weapon, instrument or instrumentality is found
 9    upon the person of one of the occupants therein; or  (ii)  if
10    such   weapon,   instrument  or  substance  is  found  in  an
11    automobile operated for hire by a duly licensed driver in the
12    due, lawful and  proper  pursuit  of  his  trade,  then  such
13    presumption shall not apply to the driver.
14        (e)  Exemptions.   Crossbows, Common or Compound bows and
15    Underwater Spearguns are  exempted  from  the  definition  of
16    ballistic knife as defined in paragraph (1) of subsection (a)
17    of this Section.
18    (Source: P.A. 90-686, eff. 1-1-99.)

19        (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
20        Sec. 24-3.  Unlawful Sale of Firearms.
21        (A)  A  person  commits  the  offense of unlawful sale of
22    firearms when he or she knowingly does any of the following:
23             (a)  Sells or gives any firearm of a size which  may
24        be concealed upon the person to any person under 18 years
25        of age.; or
26             (b)  Sells or gives any firearm to a person under 21
27        years  of  age  who  has  been convicted of a misdemeanor
28        other than a traffic offense or adjudged delinquent.; or
29             (c)  Sells or gives  any  firearm  to  any  narcotic
30        addict.; or
31             (d)  Sells  or  gives  any firearm to any person who
32        has been convicted of a felony under the laws of this  or
33        any other jurisdiction.; or
 
                            -90-           LRB9100882WHdvam03
 1             (e)  Sells  or  gives  any firearm to any person who
 2        has been a patient in a mental hospital within the past 5
 3        years.; or
 4             (f)  Sells or gives any firearms to any  person  who
 5        is mentally retarded.; or
 6             (g)  Delivers  any  firearm  of  a size which may be
 7        concealed upon the person, incidental to a sale,  without
 8        withholding  delivery  of  such  firearm  for at least 72
 9        hours after application for its purchase has  been  made,
10        or  delivers  any  rifle,  shotgun  or  other  long  gun,
11        incidental  to  a  sale,  without withholding delivery of
12        such rifle, shotgun or other long gun  for  at  least  24
13        hours  after  application for its purchase has been made.
14        However, this paragraph (g) does shall not apply to:  (1)
15        the  sale  of a firearm to a law enforcement officer or a
16        person who desires to  purchase  a  firearm  for  use  in
17        promoting  the  public  interest  incident  to his or her
18        employment as a bank guard, armed truck guard,  or  other
19        similar employment; or (2) a mail order sale of a firearm
20        to  a  nonresident of Illinois under which the firearm is
21        mailed to a point outside the boundaries of Illinois;  or
22        (3)  the  sale  of a firearm to a nonresident of Illinois
23        while at a firearm showing or display recognized  by  the
24        Illinois Department of State Police; or (4) the sale of a
25        firearm  to  a dealer licensed under the Federal Firearms
26        Act of the United States.; or
27             (h)  While holding any  license  under  the  federal
28        "Gun  Control  Act  of  1968",  as  amended, as a dealer,
29        importer, manufacturer or pawnbroker  under  the  federal
30        Gun Control Act of 1968,; manufactures, sells or delivers
31        to  any  unlicensed  person  a  handgun  having a barrel,
32        slide, frame or receiver which is a die casting  of  zinc
33        alloy  or  any other nonhomogeneous metal which will melt
34        or deform at a  temperature  of  less  than  800  degrees
 
                            -91-           LRB9100882WHdvam03
 1        Fahrenheit.    For   purposes   of  this  paragraph,  (1)
 2        "firearm"  is  defined   as   in   the   Firearm   Owners
 3        Identification   Card   Act   "An  Act  relating  to  the
 4        acquisition, possession  and  transfer  of  firearms  and
 5        firearm   ammunition,   to  provide  a  penalty  for  the
 6        violation  thereof  and  to  make  an  appropriation   in
 7        connection   therewith",  approved  August  3,  1967,  as
 8        amended; and  (2)  "handgun"  is  defined  as  a  firearm
 9        designed  to  be  held  and  fired by the use of a single
10        hand, and includes a combination of parts from which such
11        a firearm can be assembled.; or
12             (i)  Sells or gives a firearm of  any  size  to  any
13        person under 18 years of age who does not possess a valid
14        Firearm Owner's Identification Card.
15        (B)  (j)  Paragraph  (h)  of  subsection  (A)  does  this
16    Section shall not include firearms sold within 6 months after
17    enactment  of  Public  Act  78-355 (approved August 21, 1973,
18    effective October 1, 1973) this amendatory Act of  1973,  nor
19    is  shall  any  firearm  legally  owned  or  possessed by any
20    citizen or purchased by any citizen within 6 months after the
21    enactment of Public Act 78-355 this amendatory Act of 1973 be
22    subject to confiscation or seizure under  the  provisions  of
23    that  Public  this amendatory Act of 1973.  Nothing in Public
24    Act 78-355 this amendatory Act of 1973 shall be construed  to
25    prohibit the gift or trade of any firearm if that firearm was
26    legally  held or acquired within 6 months after the enactment
27    of that Public this amendatory Act of 1973.
28        (C) (k)  Sentence.
29             (1)  Any  person  convicted  of  unlawful  sale   of
30        firearms  in  violation  of any of paragraphs (c) through
31        (h) of subsection (A) commits a Class 4 felony.
32             (2)  Any  person  convicted  of  unlawful  sale   of
33        firearms   in  violation  of  paragraph  (b)  or  (i)  of
34        subsection (A) commits a Class 3 felony.
 
                            -92-           LRB9100882WHdvam03
 1             (3)  Any  person  convicted  of  unlawful  sale   of
 2        firearms  in violation of paragraph (a) of subsection (A)
 3        commits a Class 2 felony.
 4             (4)  Any  person  convicted  of  unlawful  sale   of
 5        firearms  in  violation  of paragraph (a), (b), or (i) of
 6        subsection (A)  in  any  school,  on  the  real  property
 7        comprising  a  school,  within  1,000  feet  of  the real
 8        property  comprising  a  school,  at  a  school   related
 9        activity,  or  on  or within 1,000 feet of any conveyance
10        owned, leased,  or  contracted  by  a  school  or  school
11        district  to  transport  students  to or from school or a
12        school related activity, regardless of the time of day or
13        time of year at which that  the  offense  was  committed,
14        commits  a  Class  1  felony.   Any person convicted of a
15        second  or  subsequent  violation  of  unlawful  sale  of
16        firearms in violation of paragraph (a), (b),  or  (i)  of
17        subsection  (A)  in  any  school,  on  the  real property
18        comprising a  school,  within  1,000  feet  of  the  real
19        property   comprising  a  school,  at  a  school  related
20        activity, or on or within 1,000 feet  of  any  conveyance
21        owned,  leased,  or  contracted  by  a  school  or school
22        district to transport students to or  from  school  or  a
23        school related activity, regardless of the time of day or
24        time  of  year  at  which that the offense was committed,
25        commits a Class 1 felony for which the sentence shall  be
26        a  term  of  imprisonment  of no less than 5 years and no
27        more than 15 years.
28             (5)  Any  person  convicted  of  unlawful  sale   of
29        firearms   in  violation  of  paragraph  (a)  or  (i)  of
30        subsection (A) in residential property  owned,  operated,
31        or  managed by a public housing agency, in a public park,
32        in a courthouse, on residential property owned, operated,
33        or managed by  a  public  housing  agency,  on  the  real
34        property comprising any public park, on the real property
 
                            -93-           LRB9100882WHdvam03
 1        comprising  any  courthouse,  or on any public way within
 2        1,000 feet of the real  property  comprising  any  public
 3        park,   courthouse,   or   residential   property  owned,
 4        operated, or managed by a public housing agency commits a
 5        Class 2 felony.
 6        (D) (6)  For purposes of this Section:
 7        "School"  means  a  public  or  private   elementary   or
 8    secondary school, community college, college, or university.
 9        "School  related  activity"  means  any sporting, social,
10    academic, or other activity for which students' attendance or
11    participation is sponsored, organized, or funded in whole  or
12    in part by a school or school district.
13    (Source: P.A. 91-12, eff. 1-1-00; revised 8-18-99.)

14        (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
15        Sec. 24-3.1.  Unlawful possession of firearms and firearm
16    ammunition.
17        (a)  A  person commits the offense of unlawful possession
18    of firearms or firearm ammunition when:
19             (1)  He is under 18 years of  age  and  has  in  his
20        possession  any  firearm of a size which may be concealed
21        upon the person; or
22             (2)  He is under 21 years of age, has been convicted
23        of a misdemeanor other than a traffic offense or adjudged
24        delinquent and has any firearms or firearm ammunition  in
25        his possession; or
26             (3)  He is a narcotic addict and has any firearms or
27        firearm ammunition in his possession; or
28             (4)  He  has  been  a  patient  in a mental hospital
29        within the past 5 years and has any firearms  or  firearm
30        ammunition in his possession; or
31             (5)  He is mentally retarded and has any firearms or
32        firearm ammunition in his possession; or
33             (6)  He has in his possession any explosive bullet.
 
                            -94-           LRB9100882WHdvam03
 1        For  purposes  of this paragraph "explosive bullet" means
 2    the projectile  portion  of  an  ammunition  cartridge  which
 3    contains  or  carries  an explosive charge which will explode
 4    upon contact  with  the  flesh  of  a  human  or  an  animal.
 5    "Cartridge"  means  a  tubular metal case having a projectile
 6    affixed at the front thereof and a cap or primer at the  rear
 7    end  thereof,  with  the  propellant  contained  in such tube
 8    between the projectile and the cap; or
 9        (b)  Sentence.
10        Unlawful possession of firearms, other than handguns, and
11    firearm  ammunition  is  a  Class  A  misdemeanor.   Unlawful
12    possession of handguns is a Class 4 felony.
13    (Source: P.A. 88-680, eff. 1-1-95.)

14        (720 ILCS 5/33A-1) (from Ch. 38, par. 33A-1)
15        Sec. 33A-1. Legislative intent and definitions.
16        (a)  Legislative  findings.  The  legislature  finds  and
17    declares the following:
18             (1)  The use of a dangerous weapon in the commission
19        of a felony offense poses a much greater  threat  to  the
20        public  health,  safety, and general welfare, than when a
21        weapon is not used in the commission of the offense.
22             (2)  Further,  the  use   of   a   firearm   greatly
23        facilitates  the commission of a criminal offense because
24        of the more lethal nature of a firearm  and  the  greater
25        perceived threat produced in those confronted by a person
26        wielding  a  firearm. Unlike other dangerous weapons such
27        as knives  and  clubs,  the  use  of  a  firearm  in  the
28        commission  of  a  criminal  felony offense significantly
29        escalates the threat and the potential for  bodily  harm,
30        and  the  greater  range  of  the  firearm  increases the
31        potential for harm to more  persons.  Not  only  are  the
32        victims  and bystanders at greater risk when a firearm is
33        used, but also the law  enforcement officers  whose  duty
 
                            -95-           LRB9100882WHdvam03
 1        is to confront and apprehend the armed suspect.
 2             (3)  Current law does contain offenses involving the
 3        use  or  discharge  of  a gun toward or against a person,
 4        such as aggravated battery  with  a  firearm,  aggravated
 5        discharge  of  a  firearm,  and  reckless  discharge of a
 6        firearm; however, the  General  Assembly  has  legislated
 7        greater penalties for the commission of a felony while in
 8        possession  of  a  firearm  because it deems such acts as
 9        more serious.
10        (b)  Legislative intent.
11             (1)  In order to deter the use of  firearms  in  the
12        commission  of  a  felony  offense,  the General Assembly
13        deems it appropriate for a greater penalty to be  imposed
14        when a firearm is used or discharged in the commission of
15        an offense than the penalty imposed for using other types
16        of  weapons  and  for  the  penalty  to  increase on more
17        serious offenses.
18             (2)  With the additional elements of  the  discharge
19        of a firearm and great bodily harm inflicted by a firearm
20        being  added  to  armed violence and other serious felony
21        offenses, it is the intent of  the  General  Assembly  to
22        punish  those elements more severely during commission of
23        a felony offense than when those elements stand alone  as
24        the act of the offender.
25             (3)  It  is  the intent of the 91st General Assembly
26        that   should   Public    Act    88-680    be    declared
27        unconstitutional  for a violation of Article 4, Section 8
28        of the 1970 Constitution of the State  of  Illinois,  the
29        amendatory  changes  made by Public Act 88-680 to Article
30        33A of the Criminal Code of 1961 and which are set  forth
31        as  law  in  this  amendatory  Act  of  the  91st General
32        Assembly are hereby reenacted by this amendatory  Act  of
33        the 91st General Assembly.
34        (c)  Definitions.
 
                            -96-           LRB9100882WHdvam03
 1             (1)  "Armed  with  a  dangerous weapon". A person is
 2        considered armed with a dangerous weapon for purposes  of
 3        this  Article,  when he or she carries on or about his or
 4        her person or is  otherwise  armed  with  a  Category  I,
 5        Category II, or Category III weapon.
 6             (2)  A  Category  I  weapon  is a handgun, sawed-off
 7        shotgun, sawed-off rifle, any other firearm small  enough
 8        to  be  concealed upon the person, semiautomatic firearm,
 9        or machine gun.  A Category II weapon is any other rifle,
10        shotgun, spring gun, other firearm, stun gun or taser  as
11        defined  in  paragraph  (a) of Section 24-1 of this Code,
12        knife with a blade  of  at  least  3  inches  in  length,
13        dagger,  dirk, switchblade knife, stiletto, axe, hatchet,
14        or other deadly or dangerous weapon or instrument of like
15        character.  As used in this subsection (b) "semiautomatic
16        firearm"  means  a  repeating  firearm  that  utilizes  a
17        portion of the energy of a firing  cartridge  to  extract
18        the  fired  cartridge case and chamber the next round and
19        that requires a separate pull of the trigger to fire each
20        cartridge.
21             (3)  A  Category   III   weapon   is   a   bludgeon,
22        black-jack,   slungshot,   sand-bag,   sand-club,   metal
23        knuckles,  billy,  or  other  dangerous  weapon  of  like
24        character.
25    (Source: P.A. 91-404, eff. 1-1-00.)

26        (720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
27        Sec. 33A-3. Sentence.
28        (a)  Violation  of  Section  33A-2(a)  with  a Category I
29    weapon is a Class X felony for which the defendant  shall  be
30    sentenced to a minimum term of imprisonment of 15 years.
31        (a-5)  Violation  of  Section 33A-2(a) with a Category II
32    weapon is a Class X felony for which the defendant  shall  be
33    sentenced to a minimum term of imprisonment of 10 years.
 
                            -97-           LRB9100882WHdvam03
 1        (b)  Violation  of  Section  33A-2(a) with a Category III
 2    weapon is a Class  2  felony  or  the  felony  classification
 3    provided  for  the  same act while unarmed, whichever permits
 4    the greater penalty.   A second or  subsequent  violation  of
 5    Section  33A-2(a)  with  a  Category  III weapon is a Class 1
 6    felony or the felony classification provided for the same act
 7    while unarmed, whichever permits the greater penalty.
 8        (b-5)  Violation of Section 33A-2(b) with a firearm  that
 9    is a Category I or Category II weapon is a Class X felony for
10    which  the  defendant shall be sentenced to a minimum term of
11    imprisonment of 20 years.
12        (b-10)  Violation of Section 33A-2(c) with a firearm that
13    is a Category I or Category II weapon is a Class X felony for
14    which  the  defendant  shall  be  sentenced  to  a  term   of
15    imprisonment  of  not  less  than  25  years nor more than 40
16    years.
17        (c)  Unless sentencing under Section 33B-1 is applicable,
18    any person who violates subsection  (a)  or  (b)  of  Section
19    33A-2  with a firearm, when that person has been convicted in
20    any state or federal court of 3  or  more  of  the  following
21    offenses: treason, first degree murder, second degree murder,
22    predatory  criminal  sexual  assault  of  a child, aggravated
23    criminal sexual assault, criminal  sexual  assault,  robbery,
24    burglary,  arson,  kidnaping, aggravated battery resulting in
25    great bodily harm or permanent disability  or  disfigurement,
26    or  a  violation of Section 401(a) of the Illinois Controlled
27    Substances Act, when the third offense  was  committed  after
28    conviction  on  the  second, the second offense was committed
29    after conviction on the first, and the violation  of  Section
30    33A-2  was  committed after conviction on the third, shall be
31    sentenced to a term of imprisonment of not less than 25 years
32    nor more than 50 years.
33        (c-5)  Except as otherwise provided in  paragraph  (b-10)
34    or  (c)  of  this  Section,  a  person  who  violates Section
 
                            -98-           LRB9100882WHdvam03
 1    33A-2(a) with a firearm  that  is  a  Category  I  weapon  or
 2    Section  33A-2(b)  in  any  school,  in any conveyance owned,
 3    leased, or contracted by a school to transport students to or
 4    from school or a school related  activity,  or  on  the  real
 5    property  comprising any school or public park, and where the
 6    offense was related to the activities of an  organized  gang,
 7    shall be sentenced to a term of imprisonment of not less than
 8    the  term  set  forth  in  subsection  (a)  or  (b-5) of this
 9    Section, whichever is applicable, and not more than 30 years.
10    For the purposes of this subsection (c-5),  "organized  gang"
11    has  the meaning ascribed to it in Section 10 of the Illinois
12    Streetgang Terrorism Omnibus Prevention Act.
13        (d)  For armed violence based upon  a  predicate  offense
14    listed  in  this  subsection  (d)  the  court shall enter the
15    sentence for armed  violence  to  run  consecutively  to  the
16    sentence  imposed  for  the  predicate  offense. The offenses
17    covered by this provision are:
18             (i)  solicitation of murder,
19             (ii)  solicitation of murder for hire,
20             (iii)  heinous battery,
21             (iv)  aggravated battery of a senior citizen,
22             (v)  criminal sexual assault,
23             (vi)  a violation of subsection (g) of  Section 5 of
24        the Cannabis Control Act,
25             (vii)  cannabis trafficking,
26             (viii)  a violation of subsection (a) of Section 401
27        of the Illinois Controlled Substances Act,
28             (ix)  controlled substance trafficking  involving  a
29        Class  X  felony  amount  of  controlled  substance under
30        Section 401 of the Illinois Controlled Substances Act,
31             (x)  calculated criminal drug conspiracy, or
32             (xi)  streetgang criminal drug conspiracy.
33    (Source: P.A. 91-404, eff. 1-1-00.)
 
                            -99-           LRB9100882WHdvam03
 1        (720 ILCS 5/33F-1) (from Ch. 38, par. 33F-1)
 2        Sec. 33F-1.  Definitions.  For purposes of this Article:
 3        (a)  "Body Armor" means any one of the following:
 4             (1)  A military style flak or tactical assault  vest
 5        which  is made of Kevlar or any other similar material or
 6        metal, fiberglass, plastic, and nylon plates and designed
 7        to be worn over one's clothing for the  intended  purpose
 8        of  stopping  not  only missile fragmentation from mines,
 9        grenades, mortar shells and artillery fire but also  fire
10        from rifles, machine guns, and small arms.
11             (2)  Soft  body armor which is made of Kevlar or any
12        other similar material or metal  or  any  other  type  of
13        insert and which is lightweight and pliable and which can
14        be easily concealed under a shirt.
15             (3)  A  military style recon/surveillance vest which
16        is made of Kevlar or any other similar material and which
17        is  lightweight  and  designed  to  be  worn  over  one's
18        clothing.
19             (4)  Protective casual clothing  which  is  made  of
20        Kevlar  or  any  other  similar  material  and  which was
21        originally  intended  to  be  used  by   undercover   law
22        enforcement  officers  or  dignitaries and is designed to
23        look like jackets, coats,  raincoats,  quilted  or  three
24        piece suit vests.
25        (b)  "Dangerous  weapon" means a Category I, Category II,
26    or Category III weapon as defined in Section  33A-1  of  this
27    Code.
28    (Source: P.A. 87-521; 88-680, eff. 1-1-95.)

29        Section 50-6.  The Criminal Identification Act is amended
30    by changing Section 5 as follows:

31        (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
32        Sec. 5. Arrest reports; expungement.
 
                            -100-          LRB9100882WHdvam03
 1        (a)  All  policing  bodies of this State shall furnish to
 2    the Department, daily, in the form and detail the  Department
 3    requires,  fingerprints  and  descriptions of all persons who
 4    are arrested on charges of violating  any  penal  statute  of
 5    this  State  for offenses that are classified as felonies and
 6    Class A or B misdemeanors and of all minors of the age of  10
 7    and over who have been arrested for an offense which would be
 8    a  felony  if  committed  by  an  adult, and may forward such
 9    fingerprints and descriptions for minors arrested for Class A
10    or B misdemeanors.  Moving or  nonmoving  traffic  violations
11    under  the Illinois Vehicle Code shall not be reported except
12    for violations of Chapter 4,  Section  11-204.1,  or  Section
13    11-501  of that Code.  In addition, conservation offenses, as
14    defined in the Supreme Court Rule 501(c), that are classified
15    as Class B misdemeanors shall not be reported.
16        Whenever an adult or minor prosecuted as  an  adult,  not
17    having  previously  been convicted of any criminal offense or
18    municipal ordinance violation, charged with a violation of  a
19    municipal  ordinance or a felony or misdemeanor, is acquitted
20    or released without being convicted, whether the acquittal or
21    release occurred before, on, or after the effective  date  of
22    this  amendatory  Act of 1991, the Chief Judge of the circuit
23    wherein the charge was brought, any  judge  of  that  circuit
24    designated  by  the  Chief Judge, or in counties of less than
25    3,000,000 inhabitants,  the  presiding  trial  judge  at  the
26    defendant's trial may upon verified petition of the defendant
27    order the record of arrest expunged from the official records
28    of  the arresting authority and the Department and order that
29    the records of the clerk of the circuit court be sealed until
30    further order of the court upon good cause shown and the name
31    of the defendant obliterated on the official  index  required
32    to be kept by the circuit court clerk under Section 16 of the
33    Clerks  of  Courts  Act,  but  the order shall not affect any
34    index issued by the circuit court clerk before the  entry  of
 
                            -101-          LRB9100882WHdvam03
 1    the  order.   The  Department may charge the petitioner a fee
 2    equivalent to the cost of processing any order to expunge  or
 3    seal  the  records,  and  the fee shall be deposited into the
 4    State Police Services Fund.  The records  of  those  arrests,
 5    however,  that result in a disposition of supervision for any
 6    offense shall  not  be  expunged  from  the  records  of  the
 7    arresting  authority  or  the Department nor impounded by the
 8    court  until  2  years  after  discharge  and  dismissal   of
 9    supervision.   Those  records  that result from a supervision
10    for a violation of Section 3-707, 3-708, 3-710,  5-401.3,  or
11    11-503 of the Illinois Vehicle Code or a similar provision of
12    a  local  ordinance,  or  for  a violation of Section 12-3.2,
13    12-15 or 16A-3 of the Criminal Code  of  1961,  or  probation
14    under  Section 10 of the Cannabis Control Act, Section 410 of
15    the Illinois Controlled Substances Act, Section  12-4.3(b)(1)
16    and  (2)  of  the  Criminal Code of 1961 (as those provisions
17    existed before their deletion by Public Act 89-313),  Section
18    10-102  of  the Illinois Alcoholism and Other Drug Dependency
19    Act when the judgment of conviction has been vacated, Section
20    40-10 of the Alcoholism and Other Drug Abuse  and  Dependency
21    Act  when  the  judgment  of  conviction has been vacated, or
22    Section 10 of the Steroid Control Act shall not  be  expunged
23    from  the records of the arresting authority nor impounded by
24    the court until 5 years after  termination  of  probation  or
25    supervision.   Those  records  that result from a supervision
26    for a violation of Section 11-501  of  the  Illinois  Vehicle
27    Code  or  a similar provision of a local ordinance, shall not
28    be expunged.  All records set out above may be ordered by the
29    court to be  expunged  from  the  records  of  the  arresting
30    authority and impounded by the court after 5 years, but shall
31    not  be expunged by the Department, but shall, on court order
32    be sealed by the Department and may be  disseminated  by  the
33    Department  only  as  required  by  law  or  to the arresting
34    authority, the State's Attorney, and the court upon  a  later
 
                            -102-          LRB9100882WHdvam03
 1    arrest  for  the same or a similar offense or for the purpose
 2    of sentencing for any subsequent felony.  Upon conviction for
 3    any offense, the Department of Corrections shall have  access
 4    to  all  sealed  records of the Department pertaining to that
 5    individual.
 6        (a-5)  Those records maintained  by  the  Department  for
 7    persons  arrested  prior  to  their  17th  birthday  shall be
 8    expunged as provided in Section 5-915 of the  Juvenile  Court
 9    Act of 1987.
10        (b)  Whenever  a  person has been convicted of a crime or
11    of the violation of a municipal ordinance, in the name  of  a
12    person  whose  identity  he has stolen or otherwise come into
13    possession of, the aggrieved person from  whom  the  identity
14    was  stolen or otherwise obtained without authorization, upon
15    learning  of  the  person  having  been  arrested  using  his
16    identity, may, upon verified petition to the chief  judge  of
17    the  circuit  wherein the arrest was made, have a court order
18    entered nunc pro tunc by  the  chief  judge  to  correct  the
19    arrest  record,  conviction  record, if any, and all official
20    records of the arresting  authority,  the  Department,  other
21    criminal  justice  agencies,  the  prosecutor,  and the trial
22    court concerning such arrest, if any, by  removing  his  name
23    from  all  such  records  in  connection  with the arrest and
24    conviction, if any, and by inserting in the records the  name
25    of  the  offender,  if known or ascertainable, in lieu of the
26    has name.  The records of the  clerk  of  the  circuit  court
27    clerk  shall  be sealed until further order of the court upon
28    good cause  shown  and  the  name  of  the  aggrieved  person
29    obliterated  on the official index required to be kept by the
30    circuit court clerk under Section 16 of the Clerks of  Courts
31    Act,  but  the order shall not affect any index issued by the
32    circuit court clerk before the entry of the order. Nothing in
33    this Section shall limit the Department of  State  Police  or
34    other  criminal  justice agencies or prosecutors from listing
 
                            -103-          LRB9100882WHdvam03
 1    under an offender's name the false names he or she has  used.
 2    For  purposes  of  this  Section,  convictions for moving and
 3    nonmoving  traffic  violations  other  than  convictions  for
 4    violations of Chapter 4, Section 11-204.1 or  Section  11-501
 5    of  the Illinois Vehicle Code shall not be a bar to expunging
 6    the record of arrest and court records  for  violation  of  a
 7    misdemeanor or municipal ordinance.
 8        (c)  Whenever  a  person  who  has  been  convicted of an
 9    offense  is  granted  a  pardon   by   the   Governor   which
10    specifically  authorizes  expungement,  he may, upon verified
11    petition to the chief judge of the circuit where  the  person
12    had  been  convicted,  any judge of the circuit designated by
13    the Chief Judge,  or  in  counties  of  less  than  3,000,000
14    inhabitants,  the  presiding  trial  judge at the defendant's
15    trial, may have a court order entered expunging the record of
16    arrest from the official records of the  arresting  authority
17    and  order that the records of the clerk of the circuit court
18    and the Department be sealed until further order of the court
19    upon good cause shown or as otherwise  provided  herein,  and
20    the name of the defendant obliterated from the official index
21    requested to be kept by the circuit court clerk under Section
22    16  of the Clerks of Courts Act in connection with the arrest
23    and conviction for the offense for which he had been pardoned
24    but the order shall  not  affect  any  index  issued  by  the
25    circuit  court  clerk  before  the  entry  of the order.  All
26    records sealed by the Department may be disseminated  by  the
27    Department  only  as  required  by  law  or  to the arresting
28    authority, the State's Attorney, and the court upon  a  later
29    arrest  for the same or similar offense or for the purpose of
30    sentencing for any subsequent felony.   Upon  conviction  for
31    any  subsequent  offense, the Department of Corrections shall
32    have  access  to  all  sealed  records  of   the   Department
33    pertaining  to  that  individual.  Upon entry of the order of
34    expungement, the clerk of the circuit  court  shall  promptly
 
                            -104-          LRB9100882WHdvam03
 1    mail a copy of the order to the person who was pardoned.
 2        (c-5)  Whenever  a  person has been convicted of criminal
 3    sexual assault, aggravated criminal sexual assault, predatory
 4    criminal sexual assault of a child, criminal sexual abuse, or
 5    aggravated criminal sexual abuse, the victim of that  offense
 6    may  request that the State's Attorney of the county in which
 7    the conviction occurred file a  verified  petition  with  the
 8    presiding  trial  judge  at  the  defendant's trial to have a
 9    court order entered to seal the records of the clerk  of  the
10    circuit court in connection with the proceedings of the trial
11    court  concerning  that offense.  However, the records of the
12    arresting  authority  and  the  Department  of  State  Police
13    concerning the offense shall not be sealed.  The court,  upon
14    good  cause shown, shall make the records of the clerk of the
15    circuit court in connection with the proceedings of the trial
16    court concerning the offense available for public inspection.
17        (d)  Notice of the petition for subsections (a), (b), and
18    (c) shall be served upon the State's Attorney  or  prosecutor
19    charged  with  the  duty  of  prosecuting  the  offense,  the
20    Department  of  State  Police,  the  arresting agency and the
21    chief legal officer of the unit of local government affecting
22    the arrest.  Unless the State's Attorney or  prosecutor,  the
23    Department  of  State  Police,  the  arresting agency or such
24    chief legal officer objects to the petition  within  30  days
25    from  the  date of the notice, the court shall enter an order
26    granting or denying the petition.  The  clerk  of  the  court
27    shall  promptly  mail  a copy of the order to the person, the
28    arresting agency, the prosecutor,  the  Department  of  State
29    Police  and  such  other  criminal justice agencies as may be
30    ordered by the judge.
31        (e)  Nothing herein shall prevent the Department of State
32    Police from maintaining all records  of  any  person  who  is
33    admitted  to  probation  upon  terms  and  conditions and who
34    fulfills those terms and conditions pursuant to Section 10 of
 
                            -105-          LRB9100882WHdvam03
 1    the  Cannabis  Control  Act,  Section  410  of  the  Illinois
 2    Controlled Substances Act, Section  12-4.3  of  the  Criminal
 3    Code  of  1961, Section 10-102 of the Illinois Alcoholism and
 4    Other Drug Dependency Act, Section 40-10  of  the  Alcoholism
 5    and Other Drug Abuse and Dependency Act, or Section 10 of the
 6    Steroid Control Act.
 7        (f)  No  court  order  issued pursuant to the expungement
 8    provisions of this Section shall become final for purposes of
 9    appeal  until  30  days  after  notice  is  received  by  the
10    Department.  Any court order contrary to  the  provisions  of
11    this Section is void.
12        (g)  Except  as otherwise provided in subsection (c-5) of
13    this Section, the  court  shall  not  order  the  sealing  or
14    expungement  of the arrest records and records of the circuit
15    court  clerk  of  any  person  granted  supervision  for   or
16    convicted  of  any  sexual  offense committed against a minor
17    under 18 years of age.  For the  purposes  of  this  Section,
18    "sexual  offense  committed  against a minor" includes but is
19    not limited to the offenses of  indecent  solicitation  of  a
20    child  or  criminal  sexual  abuse  when  the  victim of such
21    offense is under 18 years of age.
22        (h)  Notwithstanding any other provision of this Section,
23    one year after a discharge  and  dismissal  under  subsection
24    (b-5) of Section 24-1 of the Criminal Code of 1961, the court
25    shall  upon  verified  petition  of  the  defendant order the
26    record of arrest expunged from the official  records  of  the
27    arresting  authority  and sealed by the Department and  order
28    that the records of the clerk of the circuit court be  sealed
29    until  further  order  of the court upon good cause shown and
30    the  name  of the  defendant   obliterated  on  the  official
31    index  required  to  be kept by the circuit court clerk under
32    Section 16 of the Clerks  of  Courts  Act, unless the State's
33    Attorney files an objection.  If the State's  Attorney  files
34    an  objection,  the  court shall set a hearing and notify all
 
                            -106-          LRB9100882WHdvam03
 1    parties.   After  the  hearing,  the  court  shall  determine
 2    whether good cause exists for the expungement  and  enter  an
 3    order in accordance with its findings. The  order  shall  not
 4    affect any index issued by the circuit court clerk before the
 5    entry  of  the  order.    The   Department   may  charge  the
 6    petitioner  a  fee  equivalent  to  the  cost  of  processing
 7    any  order, and the fee shall  be  deposited  into  the State
 8    Police Services Fund.  All  records sealed by the  Department
 9    may be disseminated by the Department only as required by law
10    or to the arresting authority, the State's Attorney, and  the
11    court  upon  a later arrest for the same or a similar offense
12    or for the  purpose  of   sentencing   for   any   subsequent
13    felony.   Upon  conviction for any offense, the Department of
14    Corrections  shall have access to  all  sealed records of the
15    Department pertaining to that individual.
16    (Source: P.A.  90-590,  eff.  1-1-00;  91-295,  eff.  1-1-00;
17    91-357, eff. 7-29-99.)

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

20        (720 ILCS 150/5.1) (from Ch. 23, par. 2355.1)
21        Sec.  5.1.   A. A parent, step-parent, legal guardian, or
22    other person having custody of a child who  knowingly  allows
23    or permits an act of criminal sexual abuse or criminal sexual
24    assault as defined in Section 12-13, 12-14, 12-14.1, 12-15 or
25    12-16 of the Criminal Code of 1961, upon his or her child, or
26    knowingly  permits,  induces,  promotes,  or arranges for the
27    child to engage in prostitution as defined in  Section  11-14
28    of  the  Criminal  Code of 1961, and fails to take reasonable
29    steps to prevent its commission or future occurrences of such
30    acts commits the offense of permitting the sexual abuse of  a
31    child.   For  purposes of this Section, "child" means a minor
32    under the age of 17 years.
 
                            -107-          LRB9100882WHdvam03
 1        B.  Any person convicted of permitting the  sexual  abuse
 2    of a child is guilty of a Class 1 felony.
 3    (Source:  P.A.  88-680,  eff.  1-1-95; 89-428, eff. 12-13-95;
 4    89-462, eff. 5-29-96.)

 5        Section  50-15.   The  Unified  Code  of  Corrections  is
 6    amended by re-enacting Section 5-5-3 as follows:

 7        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
 8        Sec. 5-5-3.  Disposition.
 9        (a)  Every  person  convicted  of  an  offense  shall  be
10    sentenced as provided in this Section.
11        (b)  The   following   options   shall   be   appropriate
12    dispositions, alone or in combination, for all  felonies  and
13    misdemeanors other than those identified in subsection (c) of
14    this Section:
15             (1)  A period of probation.
16             (2)  A term of periodic imprisonment.
17             (3)  A term of conditional discharge.
18             (4)  A term of imprisonment.
19             (5)  An order directing the offender to clean up and
20        repair  the  damage,  if the offender was convicted under
21        paragraph (h) of Section 21-1 of  the  Criminal  Code  of
22        1961.
23             (6)  A fine.
24             (7)  An   order   directing  the  offender  to  make
25        restitution to the victim under  Section  5-5-6  of  this
26        Code.
27             (8)  A  sentence of participation in a county impact
28        incarceration program under Section 5-8-1.2 of this Code.
29        Whenever an individual is sentenced for an offense  based
30    upon  an  arrest  for  a  violation  of Section 11-501 of the
31    Illinois Vehicle Code, or a  similar  provision  of  a  local
32    ordinance,   and   the   professional  evaluation  recommends
 
                            -108-          LRB9100882WHdvam03
 1    remedial or rehabilitative treatment  or  education,  neither
 2    the treatment nor the education shall be the sole disposition
 3    and  either  or  both may be imposed only in conjunction with
 4    another disposition. The court shall monitor compliance  with
 5    any remedial education or treatment recommendations contained
 6    in  the professional evaluation.  Programs conducting alcohol
 7    or other  drug  evaluation  or  remedial  education  must  be
 8    licensed  by  the  Department of Human Services.  However, if
 9    the individual is not a resident of Illinois, the  court  may
10    accept  an  alcohol  or  other  drug  evaluation  or remedial
11    education  program  in  the  state   of   such   individual's
12    residence.   Programs  providing  treatment  must be licensed
13    under  existing  applicable  alcoholism  and  drug  treatment
14    licensure standards.
15        In addition to any other fine or penalty required by law,
16    any individual convicted of a violation of Section 11-501  of
17    the  Illinois  Vehicle  Code  or a similar provision of local
18    ordinance, whose  operation  of  a  motor  vehicle  while  in
19    violation  of  Section  11-501  or such ordinance proximately
20    caused an incident  resulting  in  an  appropriate  emergency
21    response,  shall  be required to make restitution to a public
22    agency for  the  costs  of  that  emergency  response.   Such
23    restitution  shall not exceed $500 per public agency for each
24    such emergency response.  For the purpose of this  paragraph,
25    emergency  response  shall  mean  any  incident  requiring  a
26    response  by: a police officer as defined under Section 1-162
27    of the Illinois Vehicle Code; a fireman carried on the  rolls
28    of  a regularly constituted fire department; and an ambulance
29    as defined  under  Section  4.05  of  the  Emergency  Medical
30    Services (EMS) Systems Act.
31        Neither   a  fine  nor  restitution  shall  be  the  sole
32    disposition for a felony and either or both  may  be  imposed
33    only in conjunction with another disposition.
34        (c) (1)  When a defendant is found guilty of first degree
 
                            -109-          LRB9100882WHdvam03
 1        murder   the   State   may  either  seek  a  sentence  of
 2        imprisonment under Section 5-8-1 of this Code,  or  where
 3        appropriate seek a sentence of death under Section 9-1 of
 4        the Criminal Code of 1961.
 5             (2)  A  period  of  probation,  a  term  of periodic
 6        imprisonment  or  conditional  discharge  shall  not   be
 7        imposed  for  the  following  offenses.  The  court shall
 8        sentence the offender to not less than the  minimum  term
 9        of  imprisonment set forth in this Code for the following
10        offenses, and may order a fine or restitution or both  in
11        conjunction with such term of imprisonment:
12                  (A)  First   degree   murder  where  the  death
13             penalty is not imposed.
14                  (B)  Attempted first degree murder.
15                  (C)  A Class X felony.
16                  (D)  A violation of Section 401.1 or 407 of the
17             Illinois Controlled Substances Act, or  a  violation
18             of  subdivision  (c)(2)  of  Section 401 of that Act
19             which relates to more than 5 grams  of  a  substance
20             containing cocaine or an analog thereof.
21                  (E)  A  violation  of  Section  5.1 or 9 of the
22             Cannabis Control Act.
23                  (F)  A  Class  2  or  greater  felony  if   the
24             offender  had been convicted of a Class 2 or greater
25             felony within 10 years  of  the  date  on  which  he
26             committed   the   offense  for  which  he  is  being
27             sentenced.
28                  (G)  Residential burglary.
29                  (H)  Criminal   sexual   assault,   except   as
30             otherwise  provided  in  subsection  (e)   of   this
31             Section.
32                  (I)  Aggravated battery of a senior citizen.
33                  (J)  A  forcible  felony  if  the  offense  was
34             related to the activities of an organized gang.
 
                            -110-          LRB9100882WHdvam03
 1                  Before  July  1, 1994, for the purposes of this
 2             paragraph, "organized gang" means an association  of
 3             5  or  more  persons, with an established hierarchy,
 4             that  encourages  members  of  the  association   to
 5             perpetrate crimes or provides support to the members
 6             of the association who do commit crimes.
 7                  Beginning  July  1,  1994,  for the purposes of
 8             this paragraph, "organized  gang"  has  the  meaning
 9             ascribed  to  it  in  Section  10  of  the  Illinois
10             Streetgang Terrorism Omnibus Prevention Act.
11                  (K)  Vehicular hijacking.
12                  (L)  A  second or subsequent conviction for the
13             offense of hate crime when  the  underlying  offense
14             upon  which  the  hate  crime  is  based  is  felony
15             aggravated assault or felony mob action.
16                  (M)  A  second or subsequent conviction for the
17             offense of institutional vandalism if the damage  to
18             the property exceeds $300.
19                  (N)  A  Class  3  felony violation of paragraph
20             (1) of subsection (a) of Section 2  of  the  Firearm
21             Owners Identification Card Act.
22                  (O)  A  violation  of  Section  12-6.1  of  the
23             Criminal Code of 1961.
24                  (P)  A  violation  of  paragraph (1), (2), (3),
25             (4), (5),  or  (7)  of  subsection  (a)  of  Section
26             11-20.1 of the Criminal Code of 1961.
27                  (Q)  A  violation  of  Section  20-1.2  of  the
28             Criminal Code of 1961.
29                  (R)  A   violation  of  Section  24-3A  of  the
30             Criminal Code of 1961.
31             (3)  A minimum term of imprisonment of not less than
32        48 consecutive hours or 100 hours of community service as
33        may be determined by the court shall  be  imposed  for  a
34        second  or  subsequent violation committed within 5 years
 
                            -111-          LRB9100882WHdvam03
 1        of a previous violation of Section 11-501 of the Illinois
 2        Vehicle Code or a similar provision of a local ordinance.
 3             (4)  A minimum term of imprisonment of not less than
 4        7 consecutive days or 30 days of community service  shall
 5        be  imposed  for  a violation of paragraph (c) of Section
 6        6-303 of the Illinois Vehicle Code.
 7             (4.1)  A minimum term  of  30  consecutive  days  of
 8        imprisonment, 40 days of 24 hour periodic imprisonment or
 9        720  hours  of community service, as may be determined by
10        the court, shall be imposed for a  violation  of  Section
11        11-501  of  the  Illinois Vehicle Code during a period in
12        which the defendant's driving privileges are  revoked  or
13        suspended,  where  the revocation or suspension was for a
14        violation of Section 11-501 or Section 11-501.1  of  that
15        Code.
16             (5)  The court may sentence an offender convicted of
17        a business offense or a petty offense or a corporation or
18        unincorporated association convicted of any offense to:
19                  (A)  a period of conditional discharge;
20                  (B)  a fine;
21                  (C)  make   restitution  to  the  victim  under
22             Section 5-5-6 of this Code.
23             (6)  In no case shall an offender be eligible for  a
24        disposition  of  probation or conditional discharge for a
25        Class 1 felony committed while he was serving a  term  of
26        probation or conditional discharge for a felony.
27             (7)  When   a   defendant  is  adjudged  a  habitual
28        criminal under Article 33B of the Criminal Code of  1961,
29        the  court  shall  sentence  the  defendant  to a term of
30        natural life imprisonment.
31             (8)  When a defendant, over the age of 21 years,  is
32        convicted  of  a  Class 1 or Class 2 felony, after having
33        twice been convicted of any  Class  2  or  greater  Class
34        felonies  in  Illinois,  and  such charges are separately
 
                            -112-          LRB9100882WHdvam03
 1        brought and tried and arise out of  different  series  of
 2        acts,  such  defendant  shall  be  sentenced as a Class X
 3        offender. This paragraph shall not apply unless  (1)  the
 4        first  felony  was  committed after the effective date of
 5        this amendatory Act of 1977; and (2)  the  second  felony
 6        was  committed after conviction on the first; and (3) the
 7        third  felony  was  committed  after  conviction  on  the
 8        second.
 9             (9)  A defendant convicted of a second or subsequent
10        offense of ritualized abuse of a child may  be  sentenced
11        to a term of natural life imprisonment.
12        (d)  In  any  case in which a sentence originally imposed
13    is vacated, the case shall be remanded to  the  trial  court.
14    The  trial  court shall hold a hearing under Section 5-4-1 of
15    the Unified Code of Corrections which may include evidence of
16    the defendant's life, moral character and  occupation  during
17    the  time  since the original sentence was passed.  The trial
18    court shall then impose sentence  upon  the  defendant.   The
19    trial  court  may  impose  any sentence which could have been
20    imposed at the original trial subject to Section 5-5-4 of the
21    Unified Code of Corrections.
22        (e)  In  cases  where  prosecution  for  criminal  sexual
23    assault or aggravated criminal  sexual  abuse  under  Section
24    12-13  or  12-16  of  the  Criminal  Code  of 1961 results in
25    conviction of a defendant who was  a  family  member  of  the
26    victim  at  the  time  of  the commission of the offense, the
27    court shall consider the safety and welfare of the victim and
28    may impose a sentence of probation only where:
29             (1)  the  court  finds  (A)  or  (B)  or  both   are
30        appropriate:
31                  (A)  the  defendant  is  willing  to  undergo a
32             court approved  counseling  program  for  a  minimum
33             duration of 2 years; or
34                  (B)  the defendant is willing to participate in
 
                            -113-          LRB9100882WHdvam03
 1             a  court  approved plan including but not limited to
 2             the defendant's:
 3                       (i)  removal from the household;
 4                       (ii)  restricted contact with the victim;
 5                       (iii)  continued financial support of  the
 6                  family;
 7                       (iv)  restitution  for  harm  done  to the
 8                  victim; and
 9                       (v)  compliance with  any  other  measures
10                  that the court may deem appropriate; and
11             (2)  the  court  orders the defendant to pay for the
12        victim's counseling services,  to  the  extent  that  the
13        court finds, after considering the defendant's income and
14        assets,  that  the  defendant  is  financially capable of
15        paying for such services, if  the  victim  was  under  18
16        years  of  age  at the time the offense was committed and
17        requires counseling as a result of the offense.
18        Probation may be revoked or modified pursuant to  Section
19    5-6-4;  except where the court determines at the hearing that
20    the defendant violated a condition of his  or  her  probation
21    restricting  contact  with the victim or other family members
22    or commits another offense with the victim  or  other  family
23    members, the court shall revoke the defendant's probation and
24    impose a term of imprisonment.
25        For  the  purposes  of  this Section, "family member" and
26    "victim" shall have the meanings ascribed to them in  Section
27    12-12 of the Criminal Code of 1961.
28        (f)  This  Article  shall  not  deprive  a court in other
29    proceedings to order a forfeiture of property, to suspend  or
30    cancel  a  license,  to  remove  a  person from office, or to
31    impose any other civil penalty.
32        (g)  Whenever a defendant  is  convicted  of  an  offense
33    under  Sections  11-14,  11-15, 11-15.1, 11-16, 11-17, 11-18,
34    11-18.1, 11-19,  11-19.1,  11-19.2,  12-13,  12-14,  12-14.1,
 
                            -114-          LRB9100882WHdvam03
 1    12-15  or  12-16  of the Criminal Code of 1961, the defendant
 2    shall  undergo  medical  testing  to  determine  whether  the
 3    defendant has any sexually transmissible disease, including a
 4    test for infection with human immunodeficiency virus (HIV) or
 5    any   other   identified   causative   agent   of    acquired
 6    immunodeficiency  syndrome  (AIDS).   Any  such  medical test
 7    shall be performed only  by  appropriately  licensed  medical
 8    practitioners  and  may  include  an  analysis  of any bodily
 9    fluids as well as an examination of the  defendant's  person.
10    Except as otherwise provided by law, the results of such test
11    shall  be kept strictly confidential by all medical personnel
12    involved in the testing and must be personally delivered in a
13    sealed envelope to the  judge  of  the  court  in  which  the
14    conviction  was entered for the judge's inspection in camera.
15    Acting in accordance with the best interests  of  the  victim
16    and  the  public,  the  judge  shall  have  the discretion to
17    determine to whom, if anyone, the results of the testing  may
18    be revealed. The court shall notify the defendant of the test
19    results.  The court shall also notify the victim if requested
20    by  the  victim, and if the victim is under the age of 15 and
21    if requested by the victim's parents or legal  guardian,  the
22    court  shall notify the victim's parents or legal guardian of
23    the test results.  The court shall provide information on the
24    availability of HIV testing and counseling at  Department  of
25    Public  Health  facilities to all parties to whom the results
26    of the testing are revealed  and  shall  direct  the  State's
27    Attorney  to  provide  the  information  to  the  victim when
28    possible. A State's Attorney may petition the court to obtain
29    the results of any HIV test administered under this  Section,
30    and  the  court  shall  grant  the  disclosure if the State's
31    Attorney shows it is relevant in order to prosecute a  charge
32    of  criminal transmission of HIV under Section 12-16.2 of the
33    Criminal Code of 1961 against the defendant.  The court shall
34    order that the cost of any such test shall  be  paid  by  the
 
                            -115-          LRB9100882WHdvam03
 1    county  and  may  be  taxed  as  costs  against the convicted
 2    defendant.
 3        (g-5)  When  an  inmate  is  tested   for   an   airborne
 4    communicable   disease,   as   determined   by  the  Illinois
 5    Department of Public Health  including  but  not  limited  to
 6    tuberculosis,  the  results  of  the test shall be personally
 7    delivered by the warden or his or her designee  in  a  sealed
 8    envelope  to  the judge of the court in which the inmate must
 9    appear for the judge's inspection in camera if  requested  by
10    the  judge.   Acting in accordance with the best interests of
11    those in the courtroom, the judge shall have  the  discretion
12    to  determine  what  if  any  precautions need to be taken to
13    prevent transmission of the disease in the courtroom.
14        (h)  Whenever a defendant  is  convicted  of  an  offense
15    under  Section  1 or 2 of the Hypodermic Syringes and Needles
16    Act, the defendant shall undergo medical testing to determine
17    whether   the   defendant   has   been   exposed   to   human
18    immunodeficiency  virus  (HIV)  or   any   other   identified
19    causative agent of acquired immunodeficiency syndrome (AIDS).
20    Except as otherwise provided by law, the results of such test
21    shall  be kept strictly confidential by all medical personnel
22    involved in the testing and must be personally delivered in a
23    sealed envelope to the  judge  of  the  court  in  which  the
24    conviction  was entered for the judge's inspection in camera.
25    Acting in accordance with the best interests of  the  public,
26    the  judge shall have the discretion to determine to whom, if
27    anyone, the results of the testing may be revealed. The court
28    shall notify the defendant of  a  positive  test  showing  an
29    infection  with  the  human immunodeficiency virus (HIV). The
30    court shall provide information on the  availability  of  HIV
31    testing   and  counseling  at  Department  of  Public  Health
32    facilities to all parties to whom the results of the  testing
33    are revealed and shall direct the State's Attorney to provide
34    the  information  to  the  victim  when  possible.  A State's
 
                            -116-          LRB9100882WHdvam03
 1    Attorney may petition the court to obtain the results of  any
 2    HIV  test  administered  under  this   Section, and the court
 3    shall grant the disclosure if the State's Attorney  shows  it
 4    is  relevant  in  order  to  prosecute  a  charge of criminal
 5    transmission of HIV under Section  12-16.2  of  the  Criminal
 6    Code  of  1961  against  the defendant. The court shall order
 7    that the cost of any such test shall be paid  by  the  county
 8    and may be taxed as costs against the convicted defendant.
 9        (i)  All  fines  and penalties imposed under this Section
10    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
11    Vehicle Code, or a similar provision of  a  local  ordinance,
12    and any violation of the Child Passenger Protection Act, or a
13    similar  provision  of  a local ordinance, shall be collected
14    and disbursed by the circuit clerk as provided under  Section
15    27.5 of the Clerks of Courts Act.
16        (j)  In  cases  when  prosecution  for  any  violation of
17    Section 11-6,  11-8,  11-9,  11-11,  11-14,  11-15,  11-15.1,
18    11-16,   11-17,  11-17.1,  11-18,  11-18.1,  11-19,  11-19.1,
19    11-19.2, 11-20.1, 11-21, 12-13,  12-14,  12-14.1,  12-15,  or
20    12-16  of  the  Criminal  Code  of 1961, any violation of the
21    Illinois Controlled Substances Act, or any violation  of  the
22    Cannabis  Control Act results in conviction, a disposition of
23    court supervision, or an order  of  probation  granted  under
24    Section  10 of the Cannabis Control Act or Section 410 of the
25    Illinois Controlled Substance Act of a defendant,  the  court
26    shall  determine  whether  the  defendant  is  employed  by a
27    facility or center as defined under the  Child  Care  Act  of
28    1969,  a public or private elementary or secondary school, or
29    otherwise works with children under 18  years  of  age  on  a
30    daily  basis.   When  a  defendant  is so employed, the court
31    shall order the Clerk of the Court to  send  a  copy  of  the
32    judgment  of  conviction or order of supervision or probation
33    to  the  defendant's  employer  by  certified  mail.  If  the
34    employer of the defendant is a school, the Clerk of the Court
 
                            -117-          LRB9100882WHdvam03
 1    shall direct the  mailing  of  a  copy  of  the  judgment  of
 2    conviction  or  order  of  supervision  or  probation  to the
 3    appropriate regional superintendent of schools.  The regional
 4    superintendent of schools shall notify  the  State  Board  of
 5    Education of any notification under this subsection.
 6        (j-5)  A  defendant  at  least  17  years  of  age who is
 7    convicted of  a  felony  and  who  has  not  been  previously
 8    convicted  of a misdemeanor or felony and who is sentenced to
 9    a  term  of  imprisonment  in  the  Illinois  Department   of
10    Corrections  shall  as  a condition of his or her sentence be
11    required by the court to attend educational courses  designed
12    to  prepare  the  defendant  for a high school diploma and to
13    work toward a high school diploma or to work  toward  passing
14    the high school level Test of General Educational Development
15    (GED)  or  to  work  toward  completing a vocational training
16    program offered by  the  Department  of  Corrections.   If  a
17    defendant fails to complete the educational training required
18    by  his or her sentence during the term of incarceration, the
19    Prisoner Review Board shall,  as  a  condition  of  mandatory
20    supervised  release, require the defendant, at his or her own
21    expense, to pursue a course of study  toward  a  high  school
22    diploma  or  passage  of  the  GED test.  The Prisoner Review
23    Board shall revoke the  mandatory  supervised  release  of  a
24    defendant  who  wilfully fails to comply with this subsection
25    (j-5) upon his or her release from  confinement  in  a  penal
26    institution  while  serving  a  mandatory  supervised release
27    term; however, the inability of the defendant after making  a
28    good  faith  effort  to  obtain  financial aid or pay for the
29    educational training shall not be deemed a wilful failure  to
30    comply.    The  Prisoner  Review  Board  shall  recommit  the
31    defendant whose mandatory supervised release  term  has  been
32    revoked  under  this  subsection (j-5) as provided in Section
33    3-3-9.  This subsection (j-5) does not apply to  a  defendant
34    who  has a high school diploma or has successfully passed the
 
                            -118-          LRB9100882WHdvam03
 1    GED test. This subsection (j-5) does not apply to a defendant
 2    who is determined by the court to be developmentally disabled
 3    or otherwise mentally incapable of completing the educational
 4    or vocational program.
 5        (k)  A court may not impose a sentence or disposition for
 6    a felony or misdemeanor that requires  the  defendant  to  be
 7    implanted  or  injected  with  or  to  use  any form of birth
 8    control.
 9        (l) (A)  Except  as  provided   in   paragraph   (C)   of
10        subsection  (l), whenever a defendant, who is an alien as
11        defined  by  the  Immigration  and  Nationality  Act,  is
12        convicted of any felony or misdemeanor offense, the court
13        after sentencing the defendant may, upon  motion  of  the
14        State's  Attorney,  hold  sentence in abeyance and remand
15        the defendant to the custody of the Attorney  General  of
16        the  United  States  or his or her designated agent to be
17        deported when:
18                  (1)  a final  order  of  deportation  has  been
19             issued against the defendant pursuant to proceedings
20             under the Immigration and Nationality Act, and
21                  (2)  the deportation of the defendant would not
22             deprecate the seriousness of the defendant's conduct
23             and  would  not  be  inconsistent  with  the ends of
24             justice.
25             Otherwise,  the  defendant  shall  be  sentenced  as
26        provided in this Chapter V.
27             (B)  If the defendant has already been sentenced for
28        a felony or misdemeanor offense, or has  been  placed  on
29        probation under Section 10 of the Cannabis Control Act or
30        Section  410  of  the Illinois Controlled Substances Act,
31        the court may, upon motion of  the  State's  Attorney  to
32        suspend the sentence imposed, commit the defendant to the
33        custody  of  the Attorney General of the United States or
34        his or her designated agent when:
 
                            -119-          LRB9100882WHdvam03
 1                  (1)  a final  order  of  deportation  has  been
 2             issued against the defendant pursuant to proceedings
 3             under the Immigration and Nationality Act, and
 4                  (2)  the deportation of the defendant would not
 5             deprecate the seriousness of the defendant's conduct
 6             and  would  not  be  inconsistent  with  the ends of
 7             justice.
 8             (C)  This subsection (l) does not apply to offenders
 9        who are subject to the provisions  of  paragraph  (2)  of
10        subsection (a) of Section 3-6-3.
11             (D)  Upon  motion  of  the  State's  Attorney,  if a
12        defendant sentenced under this  Section  returns  to  the
13        jurisdiction of the United States, the defendant shall be
14        recommitted to the custody of the county from which he or
15        she  was  sentenced.  Thereafter,  the defendant shall be
16        brought before the sentencing court, which may impose any
17        sentence that was available under Section  5-5-3  at  the
18        time  of  initial sentencing.  In addition, the defendant
19        shall not be eligible for additional good conduct  credit
20        for meritorious service as provided under Section 3-6-6.
21        (m)  A   person   convicted  of  criminal  defacement  of
22    property under Section 21-1.3 of the Criminal Code  of  1961,
23    in  which  the  property damage exceeds $300 and the property
24    damaged is a school building, shall  be  ordered  to  perform
25    community  service  that  may  include  cleanup,  removal, or
26    painting over the defacement.
27    (Source: P.A. 90-14, eff. 7-1-97; 90-68, eff. 7-8-97; 90-680,
28    eff. 1-1-99;  90-685,  eff.  1-1-99;  90-787,  eff.  8-14-98;
29    91-357, eff. 7-29-99; 91-404, eff. 1-1-00.)

30                             ARTICLE 900

31        Section  95.   No  acceleration or delay.  Where this Act
32    makes changes in a statute that is represented in this Act by
 
                            -120-          LRB9100882WHdvam03
 1    text that is not yet or no longer in effect (for  example,  a
 2    Section  represented  by  multiple versions), the use of that
 3    text does not accelerate or delay the taking  effect  of  (i)
 4    the  changes made by this Act or (ii) provisions derived from
 5    any other Public Act.

 6                             ARTICLE 990

 7        Section 990-1.  Severability.  The provisions of this Act
 8    are severable under Section 1.31 of the Statute on Statutes.

 9                             ARTICLE 999

10        Section 999-1.  Effective date.  This  Act  takes  effect
11    upon becoming law.".

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