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|[ Introduced ]||[ Engrossed ]||[ House Amendment 001 ]|
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92_SB1065enr SB1065 Enrolled LRB9201493RCcd 1 AN ACT concerning firearms. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Firearm Owners Identification Card Act 5 is amended by changing Sections 3, 4, 6, 10, and 14 as 6 follows: 7 (430 ILCS 65/3) (from Ch. 38, par. 83-3) 8 Sec. 3. (a) Except as provided in Section 3a, no person 9
within this Statemay knowingly transfer, or cause to be 10 transferred, any firearm or any firearm ammunition to any 11 person within this State unless the transferee with whom he 12 deals displays a currently valid Firearm Owner's 13 Identification Card which has previously been issued in his 14 name by the Department of State Police under the provisions 15 of this Act. In addition, all firearm transfers by federally 16 licensed firearm dealers are subject to Section 3.1. 17 (b) Any person within this State who transfers or causes 18 to be transferred any firearm shall keep a record of such 19 transfer for a period of 10 years from the date of transfer. 20 Such record shall contain the date of the transfer; the 21 description, serial number or other information identifying 22 the firearm if no serial number is available; and, if the 23 transfer was completed within this State, the transferee's 24 Firearm Owner's Identification Card number. On demand of a 25 peace officer such transferor shall produce for inspection 26 such record of transfer. 27 (c) The provisions of this Section regarding the 28 transfer of firearm ammunition shall not apply to those 29 persons specified in paragraph (b) of Section 2 of this Act. 30 (Source: P.A. 87-299.) SB1065 Enrolled -2- LRB9201493RCcd 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, or by electronic means, 7 if and when made available by the Department of State 8 Police; and 9 (2) Submit evidence under penalty of perjuryto the 10 Department of State Police that: 11 (i) He or she is 21 years of age or over, or 12 if he or she is under 21 years of age that he or she 13 has the written consent of his or her parent or 14 legal guardian to possess and acquire firearms and 15 firearm ammunition and that he or she has never been 16 convicted of a misdemeanor other than a traffic 17 offense or adjudged delinquent, provided, however, 18 that such parent or legal guardian is not an 19 individual prohibited from having a Firearm Owner's 20 Identification Card and files an affidavit with the 21 Department as prescribed by the Department stating 22 that he or she is not an individual prohibited from 23 having a Card; 24 (ii) He or she has not been convicted of a 25 felony under the laws of this or any other 26 jurisdiction; 27 (iii) He or she is not addicted to narcotics; 28 (iv) He or she has not been a patient in a 29 mental institution within the past 5 years; 30 (v) He or she is not mentally retarded; 31 (vi) He or she is not an alien who is 32 unlawfully present in the United States under the 33 laws of the United States; 34 (vii) He or she is not subject to an existing SB1065 Enrolled -3- LRB9201493RCcd 1 order of protection prohibiting him or her from 2 possessing a firearm; 3 (viii) He or she has not been convicted within 4 the past 5 years of battery, assault, aggravated 5 assault, violation of an order of protection, or a 6 substantially similar offense in another 7 jurisdiction, in which a firearm was used or 8 possessed; 9 (ix) He or she has not been convicted of 10 domestic battery or a substantially similar offense 11 in another jurisdiction committed on or after the 12 effective date of this amendatory Act of 1997; and 13 (x) He or she has not been convicted within 14 the past 5 years of domestic battery or a 15 substantially similar offense in another 16 jurisdiction committed before the effective date of 17 this amendatory Act of 1997; and 18 (3) Upon request by the Department of State Police, 19 sign a release on a form prescribed by the Department of 20 State Police waiving any right to confidentiality and 21 requesting the disclosure to the Department of State 22 Police of limited mental health institution admission 23 information from another state, the District of Columbia, 24 any other territory of the United States, or a foreign 25 nation concerning the applicant for the sole purpose of 26 determining whether the applicant is or was a patient in 27 a mental health institution and disqualified because of 28 that status from receiving a Firearm Owner's 29 Identification Card. No mental health care or treatment 30 records may be requested. The information received shall 31 be destroyed within one year of receipt. 32 (a-5) Each applicant for a Firearm Owner's 33 Identification Card who is over the age of 18 shall furnish 34 to the Department of State Police either his or her driver's SB1065 Enrolled -4- LRB9201493RCcd 1 license number or Illinois Identification Card number. 2 (b) Each application form shall include the following 3 statement printed in bold type: "Warning: Entering false 4 information on an application for a Firearm Owner's 5 Identification Card is punishable as a Class 2 felony in 6 accordance with subsection (d-5) of Section 14 of the Firearm 7 Owners Identification Card Act. False statements of the8 applicant shall result in prosecution for perjury in9 accordance with Section 32-2 of the Criminal Code of 1961.". 10 (c) Upon such written consent, pursuant to Section 4, 11 paragraph (a) (2) (i), the parent or legal guardian giving 12 the consent shall be liable for any damages resulting from 13 the applicant's use of firearms or firearm ammunition. 14 (Source: P.A. 90-493, eff. 1-1-98; 91-514, eff. 1-1-00; 15 91-694, eff. 4-13-00.) 16 (430 ILCS 65/6) (from Ch. 38, par. 83-6) 17 Sec. 6. Contents of Firearm Owner's Identification Card. 18 (a) A Firearm Owner's Identification Card, issued by the 19 Department of State Police at such places as the Director of 20 the Department shall specify, shall contain the applicant's 21 name, residence, date of birth, sex, physical description, 22 recent photograph and signature such other personal23 identifying information as may be required by the Director. 24 Each Firearm Owner's Identification Card must have the 25 expiration date boldly and conspicuously displayed on the 26 face of the card. Each Firearm Owner's Identification Card 27 must have printed on it the following: "CAUTION - This card 28 does not permit bearer to UNLAWFULLY carry or use firearms." 29 Before December 1, 2002, the Department may use a person's 30 digital photograph and signature from his or her Illinois 31 driver's license or Illinois Identification Card, if 32 available. On and after December 1, 2002, the Department 33 shall use a person's digital photograph and signature from SB1065 Enrolled -5- LRB9201493RCcd 1 his or her Illinois driver's license or Illinois 2 Identification Card, if available. The Department shall 3 decline to use a person's digital photograph or signature if 4 the digital photograph or signature is the result of or 5 associated with fraudulent or erroneous data, unless 6 otherwise provided by law. 7 (b) A person applying for a Firearm Owner's 8 Identification Card shall consent to the Department of State 9 Police using the applicant's digital driver's license or 10 Illinois Identification Card photograph, if available, and 11 signature on the applicant's Firearm Owner's Identification 12 Card. The Secretary of State shall allow the Department of 13 State Police access to the photograph and signature for the 14 purpose of identifying the applicant and issuing to the 15 applicant a Firearm Owner's Identification Card. 16 (c) The Secretary of State shall conduct a study to 17 determine the cost and feasibility of creating a method of 18 adding an identifiable code, background, or other means on 19 the driver's license or Illinois Identification Card to show 20 that an individual is not disqualified from owning or 21 possessing a firearm under State or federal law. The 22 Secretary shall report the findings of this study 12 months 23 after the effective date of this amendatory Act of the 92nd 24 General Assembly. 25 (Source: P.A. 91-694, eff. 4-13-00.) 26 (430 ILCS 65/10) (from Ch. 38, par. 83-10) 27 Sec. 10. (a) Whenever an application for a Firearm 28 Owner's Identification Card is denied, whenever the 29 Department fails to act on an application within 30 days of 30 its receipt, or whenever such a Card is revoked or seized as 31 provided for in Section 8 of this Act, the aggrieved party 32 may appeal to the Director of the Department of State Police 33 for a hearing upon such denial, revocation or seizure, unless SB1065 Enrolled -6- LRB9201493RCcd 1 the denial, revocation, or seizure was based upon a forcible 2 felony, stalking, aggravated stalking, domestic battery, any 3 violation of either the Illinois Controlled Substances Act or 4 the Cannabis Control Act that is classified as a Class 2 or 5 greater felony, or any felony violation of Article 24 of the 6 Criminal Code of 1961, in which case the aggrieved party may 7 petition the circuit court in writing in the county of his or 8 her residence for a hearing upon such denial, revocation, or 9 seizure. 10 (b) At least 30 days before any hearing in the circuit 11 court, the petitioner shall serve the relevant State's 12 Attorney with a copy of the petition. The State's Attorney 13 may object to the petition and present evidence. At the 14 hearing the court shall determine whether substantial justice 15 has been done. Should the court determine that substantial 16 justice has not been done, the court shall issue an order 17 directing the Department of State Police to issue a Card. 18 Whenever, upon the receipt of such an appeal for a hearing,19 the Director is satisfied that substantial justice has not20 been done, he may order a hearing to be held by the21 Department upon the denial or revocation.22 (c) Any person prohibited from possessing a firearm 23 under Sections 24-1.1 or 24-3.1 of the Criminal Code of 1961 24 or acquiring a Firearm Owner's Identification Card under 25 Section 8 of this Act may apply to the Director of the 26 Department of State Police or petition the circuit court in 27 the county where the petitioner resides, whichever is 28 applicable in accordance with subsection (a) of this Section, 29 requesting relief from such prohibition and the Director or 30 court may grant such relief if it is established by the 31 applicant to the court's or Director's satisfaction that: 32 (0.05) when in the circuit court, the State's Attorney 33 has been served with a written copy of the petition at least 34 30 days before any such hearing in the circuit court and at SB1065 Enrolled -7- LRB9201493RCcd 1 the hearing the State's Attorney was afforded an opportunity 2 to present evidence and object to the petition; 3 (1) the applicant has not been convicted of a forcible 4 felony under the laws of this State or any other jurisdiction 5 within 20 years of the applicant's application for a Firearm 6 Owner's Identification Card, or at least 20 years have passed 7 since the end of any period of imprisonment imposed in 8 relation to that conviction; ,9 (2) the circumstances regarding a criminal conviction, 10 where applicable, the applicant's criminal history and his 11 reputation are such that the applicant will not be likely to 12 act in a manner dangerous to public safety; and 13 (3) granting relief would not be contrary to the public 14 interest. 15 (Source: P.A. 85-920.) 16 (430 ILCS 65/14) (from Ch. 38, par. 83-14) 17 Sec. 14. Sentence. 18 (a) A violation of paragraph (1) of subsection (a) of 19 Section 2, when the person's Firearm Owner's Identification 20 Card is expired but the person is not otherwise disqualified 21 from renewing the card, is a Class A misdemeanor. 22 (b) Except as provided in subsection (a) with respect to 23 an expired card, a violation of paragraph (1) of subsection 24 (a) of Section 2 is a Class A misdemeanor when the person 25 does not possess a currently valid Firearm Owner's 26 Identification Card, but is otherwise eligible under this 27 Act. A second or subsequent violation is a Class 4 felony. 28 (c) A violation of paragraph (1) of subsection (a) of 29 Section 2 is a Class 3 felony when: 30 (1) the person's Firearm Owner's Identification 31 Card is revoked or subject to revocation under Section 8; 32 or 33 (2) the person's Firearm Owner's Identification SB1065 Enrolled -8- LRB9201493RCcd 1 Card is expired and not otherwise eligible for renewal 2 under this Act; or 3 (3) the person does not possess a currently valid 4 Firearm Owner's Identification Card, and the person is 5 not otherwise eligible under this Act. 6 (d) A violation of subsection (a) of Section 3 is a 7 Class 4 felony. A third or subsequent conviction is a Class 1 8 felony. 9 (d-5) Any person who knowingly enters false information 10 on an application for a Firearm Owner's Identification Card, 11 who knowingly gives a false answer to any question on the 12 application, or who knowingly submits false evidence in 13 connection with an application is guilty of a Class 2 felony. 14 (e) Any other violation of this Act is a Class A 15 misdemeanor. 16 (Source: P.A. 91-694, eff. 4-13-00.) 17 Section 10. The Code of Criminal Procedure of 1963 is 18 amended by changing Section 110-10 as follows: 19 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10) 20 Sec. 110-10. Conditions of bail bond. 21 (a) If a person is released prior to conviction, either 22 upon payment of bail security or on his or her own 23 recognizance, the conditions of the bail bond shall be that 24 he or she will: 25 (1) Appear to answer the charge in the court having 26 jurisdiction on a day certain and thereafter as ordered 27 by the court until discharged or final order of the 28 court; 29 (2) Submit himself or herself to the orders and 30 process of the court; 31 (3) Not depart this State without leave of the 32 court; SB1065 Enrolled -9- LRB9201493RCcd 1 (4) Not violate any criminal statute of any 2 jurisdiction; 3 (5) At a time and place designated by the court, 4 surrender all firearms in his or her possession to a law 5 enforcement officer designated by the court to take 6 custody of and impound the firearms and physically 7 surrender his or her Firearm Owner's Identification Card 8 to the clerk of the circuit court when the offense the 9 person has been charged with is a forcible felony, 10 stalking, aggravated stalking, domestic battery, any 11 violation of either the Illinois Controlled Substances 12 Act or the Cannabis Control Act that is classified as a 13 Class 2 or greater felony, or any felony violation of 14 Article 24 of the Criminal Code of 1961; the court may, 15 however, forgo the imposition of this condition when the 16 circumstances of the case clearly do not warrant it or 17 when its imposition would be impractical; all legally 18 possessed firearms shall be returned to the person upon 19 that person completing a sentence for a conviction on a 20 misdemeanor domestic battery, upon the charges being 21 dismissed, or if the person is found not guilty, unless 22 the finding of not guilty is by reason of insanity; and 23 (6) At a time and place designated by the court, 24 submit to a psychological evaluation when the person has 25 been charged with a violation of item (4) of subsection 26 (a) of Section 24-1 of the Criminal Code of 1961 and that 27 violation occurred in a school or in any conveyance 28 owned, leased, or contracted by a school to transport 29 students to or from school or a school-related activity, 30 or on any public way within 1,000 feet of real property 31 comprising any school. 32 Psychological evaluations ordered pursuant to this 33 Section shall be completed promptly and made available to the 34 State, the defendant, and the court. As a further condition SB1065 Enrolled -10- LRB9201493RCcd 1 of bail under these circumstances, the court shall order the 2 defendant to refrain from entering upon the property of the 3 school, including any conveyance owned, leased, or contracted 4 by a school to transport students to or from school or a 5 school-related activity, or on any public way within 1,000 6 feet of real property comprising any school. Upon receipt of 7 the psychological evaluation, either the State or the 8 defendant may request a change in the conditions of bail, 9 pursuant to Section 110-6 of this Code. The court may change 10 the conditions of bail to include a requirement that the 11 defendant follow the recommendations of the psychological 12 evaluation, including undergoing psychiatric treatment. The 13 conclusions of the psychological evaluation and any 14 statements elicited from the defendant during its 15 administration are not admissible as evidence of guilt during 16 the course of any trial on the charged offense, unless the 17 defendant places his or her mental competency in issue. 18 (b) The court may impose other conditions, such as the 19 following, if the court finds that such conditions are 20 reasonably necessary to assure the defendant's appearance in 21 court, protect the public from the defendant, or prevent the 22 defendant's unlawful interference with the orderly 23 administration of justice: 24 (1) Report to or appear in person before such 25 person or agency as the court may direct; 26 (2) Refrain from possessing a firearm or other 27 dangerous weapon; 28 (3) Refrain from approaching or communicating with 29 particular persons or classes of persons; 30 (4) Refrain from going to certain described 31 geographical areas or premises; 32 (5) Refrain from engaging in certain activities or 33 indulging in intoxicating liquors or in certain drugs; 34 (6) Undergo treatment for drug addiction or SB1065 Enrolled -11- LRB9201493RCcd 1 alcoholism; 2 (7) Undergo medical or psychiatric treatment; 3 (8) Work or pursue a course of study or vocational 4 training; 5 (9) Attend or reside in a facility designated by 6 the court; 7 (10) Support his or her dependents; 8 (11) If a minor resides with his or her parents or 9 in a foster home, attend school, attend a non-residential 10 program for youths, and contribute to his or her own 11 support at home or in a foster home; 12 (12) Observe any curfew ordered by the court; 13 (13) Remain in the custody of such designated 14 person or organization agreeing to supervise his release. 15 Such third party custodian shall be responsible for 16 notifying the court if the defendant fails to observe the 17 conditions of release which the custodian has agreed to 18 monitor, and shall be subject to contempt of court for 19 failure so to notify the court; 20 (14) Be placed under direct supervision of the 21 Pretrial Services Agency, Probation Department or Court 22 Services Department in a pretrial bond home supervision 23 capacity with or without the use of an approved 24 electronic monitoring device subject to Article 8A of 25 Chapter V of the Unified Code of Corrections; 26 (14.1) The court shall impose upon a defendant who 27 is charged with any alcohol, cannabis or controlled 28 substance violation and is placed under direct 29 supervision of the Pretrial Services Agency, Probation 30 Department or Court Services Department in a pretrial 31 bond home supervision capacity with the use of an 32 approved monitoring device, as a condition of such bail 33 bond, a fee that represents costs incidental to the 34 electronic monitoring for each day of such bail SB1065 Enrolled -12- LRB9201493RCcd 1 supervision ordered by the court, unless after 2 determining the inability of the defendant to pay the 3 fee, the court assesses a lesser fee or no fee as the 4 case may be. The fee shall be collected by the clerk of 5 the circuit court. The clerk of the circuit court shall 6 pay all monies collected from this fee to the county 7 treasurer for deposit in the substance abuse services 8 fund under Section 5-1086.1 of the Counties Code; 9 (14.2) The court shall impose upon all defendants, 10 including those defendants subject to paragraph (14.1) 11 above, placed under direct supervision of the Pretrial 12 Services Agency, Probation Department or Court Services 13 Department in a pretrial bond home supervision capacity 14 with the use of an approved monitoring device, as a 15 condition of such bail bond, a fee which shall represent 16 costs incidental to such electronic monitoring for each 17 day of such bail supervision ordered by the court, unless 18 after determining the inability of the defendant to pay 19 the fee, the court assesses a lesser fee or no fee as the 20 case may be. The fee shall be collected by the clerk of 21 the circuit court. The clerk of the circuit court shall 22 pay all monies collected from this fee to the county 23 treasurer who shall use the monies collected to defray 24 the costs of corrections. The county treasurer shall 25 deposit the fee collected in the county working cash fund 26 under Section 6-27001 or Section 6-29002 of the Counties 27 Code, as the case may be; 28 (15) Comply with the terms and conditions of an 29 order of protection issued by the court under the 30 Illinois Domestic Violence Act of 1986 or an order of 31 protection issued by the court of another state, tribe, 32 or United States territory; 33 (16) Under Section 110-6.5 comply with the 34 conditions of the drug testing program; and SB1065 Enrolled -13- LRB9201493RCcd 1 (17) Such other reasonable conditions as the court 2 may impose. 3 (c) When a person is charged with an offense under 4 Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the 5 "Criminal Code of 1961", involving a victim who is a minor 6 under 18 years of age living in the same household with the 7 defendant at the time of the offense, in granting bail or 8 releasing the defendant on his own recognizance, the judge 9 shall impose conditions to restrict the defendant's access to 10 the victim which may include, but are not limited to 11 conditions that he will: 12 1. Vacate the Household. 13 2. Make payment of temporary support to his 14 dependents. 15 3. Refrain from contact or communication with the 16 child victim, except as ordered by the court. 17 (d) When a person is charged with a criminal offense and 18 the victim is a family or household member as defined in 19 Article 112A, conditions shall be imposed at the time of the 20 defendant's release on bond that restrict the defendant's 21 access to the victim. Unless provided otherwise by the court, 22 the restrictions shall include requirements that the 23 defendant do the following: 24 (1) refrain from contact or communication with the 25 victim for a minimum period of 72 hours following the 26 defendant's release; and 27 (2) refrain from entering or remaining at the 28 victim's residence for a minimum period of 72 hours 29 following the defendant's release. 30 (e) Local law enforcement agencies shall develop 31 standardized bond forms for use in cases involving family or 32 household members as defined in Article 112A, including 33 specific conditions of bond as provided in subsection (d). 34 Failure of any law enforcement department to develop or use SB1065 Enrolled -14- LRB9201493RCcd 1 those forms shall in no way limit the applicability and 2 enforcement of subsections (d) and (f). 3 (f) If the defendant is admitted to bail after 4 conviction the conditions of the bail bond shall be that he 5 will, in addition to the conditions set forth in subsections 6 (a) and (b) hereof: 7 (1) Duly prosecute his appeal; 8 (2) Appear at such time and place as the court may 9 direct; 10 (3) Not depart this State without leave of the 11 court; 12 (4) Comply with such other reasonable conditions as 13 the court may impose; and, 14 (5) If the judgment is affirmed or the cause 15 reversed and remanded for a new trial, forthwith 16 surrender to the officer from whose custody he was 17 bailed. 18 (g) Upon a finding of guilty for any felony offense, the 19 defendant shall physically surrender, at a time and place 20 designated by the court, any and all firearms in his or her 21 possession and his or her Firearm Owner's Identification Card 22 as a condition of remaining on bond pending sentencing. 23 (Source: P.A. 90-399, eff. 1-1-98; 91-11, eff. 6-4-99; 24 91-312, eff. 1-1-00; 91-696, eff. 4-13-00; 91-903, eff. 25 1-1-01.) 26 Section 15. The Unified Code of Corrections is amended 27 by changing Section 5-6-3 as follows: 28 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) 29 Sec. 5-6-3. Conditions of Probation and of Conditional 30 Discharge. 31 (a) The conditions of probation and of conditional 32 discharge shall be that the person: SB1065 Enrolled -15- LRB9201493RCcd 1 (1) not violate any criminal statute of any 2 jurisdiction; 3 (2) report to or appear in person before such 4 person or agency as directed by the court; 5 (3) refrain from possessing a firearm or other 6 dangerous weapon; 7 (4) not leave the State without the consent of the 8 court or, in circumstances in which the reason for the 9 absence is of such an emergency nature that prior consent 10 by the court is not possible, without the prior 11 notification and approval of the person's probation 12 officer; 13 (5) permit the probation officer to visit him at 14 his home or elsewhere to the extent necessary to 15 discharge his duties; 16 (6) perform no less than 30 hours of community 17 service and not more than 120 hours of community service, 18 if community service is available in the jurisdiction and 19 is funded and approved by the county board where the 20 offense was committed, where the offense was related to 21 or in furtherance of the criminal activities of an 22 organized gang and was motivated by the offender's 23 membership in or allegiance to an organized gang. The 24 community service shall include, but not be limited to, 25 the cleanup and repair of any damage caused by a 26 violation of Section 21-1.3 of the Criminal Code of 1961 27 and similar damage to property located within the 28 municipality or county in which the violation occurred. 29 When possible and reasonable, the community service 30 should be performed in the offender's neighborhood. For 31 purposes of this Section, "organized gang" has the 32 meaning ascribed to it in Section 10 of the Illinois 33 Streetgang Terrorism Omnibus Prevention Act; 34 (7) if he or she is at least 17 years of age and SB1065 Enrolled -16- LRB9201493RCcd 1 has been sentenced to probation or conditional discharge 2 for a misdemeanor or felony in a county of 3,000,000 or 3 more inhabitants and has not been previously convicted of 4 a misdemeanor or felony, may be required by the 5 sentencing court to attend educational courses designed 6 to prepare the defendant for a high school diploma and to 7 work toward a high school diploma or to work toward 8 passing the high school level Test of General Educational 9 Development (GED) or to work toward completing a 10 vocational training program approved by the court. The 11 person on probation or conditional discharge must attend 12 a public institution of education to obtain the 13 educational or vocational training required by this 14 clause (7). The court shall revoke the probation or 15 conditional discharge of a person who wilfully fails to 16 comply with this clause (7). The person on probation or 17 conditional discharge shall be required to pay for the 18 cost of the educational courses or GED test, if a fee is 19 charged for those courses or test. The court shall 20 resentence the offender whose probation or conditional 21 discharge has been revoked as provided in Section 5-6-4. 22 This clause (7) does not apply to a person who has a high 23 school diploma or has successfully passed the GED test. 24 This clause (7) does not apply to a person who is 25 determined by the court to be developmentally disabled or 26 otherwise mentally incapable of completing the 27 educational or vocational program; and28 (8) if convicted of possession of a substance 29 prohibited by the Cannabis Control Act or Illinois 30 Controlled Substances Act after a previous conviction or 31 disposition of supervision for possession of a substance 32 prohibited by the Cannabis Control Act or Illinois 33 Controlled Substances Act or after a sentence of 34 probation under Section 10 of the Cannabis Control Act or SB1065 Enrolled -17- LRB9201493RCcd 1 Section 410 of the Illinois Controlled Substances Act and 2 upon a finding by the court that the person is addicted, 3 undergo treatment at a substance abuse program approved 4 by the court; and .5 (9) if convicted of a felony, physically surrender 6 at a time and place designated by the court, his or her 7 Firearm Owner's Identification Card and any and all 8 firearms in his or her possession. 9 (b) The Court may in addition to other reasonable 10 conditions relating to the nature of the offense or the 11 rehabilitation of the defendant as determined for each 12 defendant in the proper discretion of the Court require that 13 the person: 14 (1) serve a term of periodic imprisonment under 15 Article 7 for a period not to exceed that specified in 16 paragraph (d) of Section 5-7-1; 17 (2) pay a fine and costs; 18 (3) work or pursue a course of study or vocational 19 training; 20 (4) undergo medical, psychological or psychiatric 21 treatment; or treatment for drug addiction or alcoholism; 22 (5) attend or reside in a facility established for 23 the instruction or residence of defendants on probation; 24 (6) support his dependents; 25 (7) and in addition, if a minor: 26 (i) reside with his parents or in a foster 27 home; 28 (ii) attend school; 29 (iii) attend a non-residential program for 30 youth; 31 (iv) contribute to his own support at home or 32 in a foster home; 33 (8) make restitution as provided in Section 5-5-6 34 of this Code; SB1065 Enrolled -18- LRB9201493RCcd 1 (9) perform some reasonable public or community 2 service; 3 (10) serve a term of home confinement. In addition 4 to any other applicable condition of probation or 5 conditional discharge, the conditions of home confinement 6 shall be that the offender: 7 (i) remain within the interior premises of the 8 place designated for his confinement during the 9 hours designated by the court; 10 (ii) admit any person or agent designated by 11 the court into the offender's place of confinement 12 at any time for purposes of verifying the offender's 13 compliance with the conditions of his confinement; 14 and 15 (iii) if further deemed necessary by the court 16 or the Probation or Court Services Department, be 17 placed on an approved electronic monitoring device, 18 subject to Article 8A of Chapter V; 19 (iv) for persons convicted of any alcohol, 20 cannabis or controlled substance violation who are 21 placed on an approved monitoring device as a 22 condition of probation or conditional discharge, the 23 court shall impose a reasonable fee for each day of 24 the use of the device, as established by the county 25 board in subsection (g) of this Section, unless 26 after determining the inability of the offender to 27 pay the fee, the court assesses a lesser fee or no 28 fee as the case may be. This fee shall be imposed in 29 addition to the fees imposed under subsections (g) 30 and (i) of this Section. The fee shall be collected 31 by the clerk of the circuit court. The clerk of the 32 circuit court shall pay all monies collected from 33 this fee to the county treasurer for deposit in the 34 substance abuse services fund under Section 5-1086.1 SB1065 Enrolled -19- LRB9201493RCcd 1 of the Counties Code; and 2 (v) for persons convicted of offenses other 3 than those referenced in clause (iv) above and who 4 are placed on an approved monitoring device as a 5 condition of probation or conditional discharge, the 6 court shall impose a reasonable fee for each day of 7 the use of the device, as established by the county 8 board in subsection (g) of this Section, unless 9 after determining the inability of the defendant to 10 pay the fee, the court assesses a lesser fee or no 11 fee as the case may be. This fee shall be imposed 12 in addition to the fees imposed under subsections 13 (g) and (i) of this Section. The fee shall be 14 collected by the clerk of the circuit court. The 15 clerk of the circuit court shall pay all monies 16 collected from this fee to the county treasurer who 17 shall use the monies collected to defray the costs 18 of corrections. The county treasurer shall deposit 19 the fee collected in the county working cash fund 20 under Section 6-27001 or Section 6-29002 of the 21 Counties Code, as the case may be. 22 (11) comply with the terms and conditions of an 23 order of protection issued by the court pursuant to the 24 Illinois Domestic Violence Act of 1986, as now or 25 hereafter amended, or an order of protection issued by 26 the court of another state, tribe, or United States 27 territory. A copy of the order of protection shall be 28 transmitted to the probation officer or agency having 29 responsibility for the case; 30 (12) reimburse any "local anti-crime program" as 31 defined in Section 7 of the Anti-Crime Advisory Council 32 Act for any reasonable expenses incurred by the program 33 on the offender's case, not to exceed the maximum amount 34 of the fine authorized for the offense for which the SB1065 Enrolled -20- LRB9201493RCcd 1 defendant was sentenced; 2 (13) contribute a reasonable sum of money, not to 3 exceed the maximum amount of the fine authorized for the 4 offense for which the defendant was sentenced, to a 5 "local anti-crime program", as defined in Section 7 of 6 the Anti-Crime Advisory Council Act; 7 (14) refrain from entering into a designated 8 geographic area except upon such terms as the court finds 9 appropriate. Such terms may include consideration of the 10 purpose of the entry, the time of day, other persons 11 accompanying the defendant, and advance approval by a 12 probation officer, if the defendant has been placed on 13 probation or advance approval by the court, if the 14 defendant was placed on conditional discharge; 15 (15) refrain from having any contact, directly or 16 indirectly, with certain specified persons or particular 17 types of persons, including but not limited to members of 18 street gangs and drug users or dealers; 19 (16) refrain from having in his or her body the 20 presence of any illicit drug prohibited by the Cannabis 21 Control Act or the Illinois Controlled Substances Act, 22 unless prescribed by a physician, and submit samples of 23 his or her blood or urine or both for tests to determine 24 the presence of any illicit drug. 25 (c) The court may as a condition of probation or of 26 conditional discharge require that a person under 18 years of 27 age found guilty of any alcohol, cannabis or controlled 28 substance violation, refrain from acquiring a driver's 29 license during the period of probation or conditional 30 discharge. If such person is in possession of a permit or 31 license, the court may require that the minor refrain from 32 driving or operating any motor vehicle during the period of 33 probation or conditional discharge, except as may be 34 necessary in the course of the minor's lawful employment. SB1065 Enrolled -21- LRB9201493RCcd 1 (d) An offender sentenced to probation or to conditional 2 discharge shall be given a certificate setting forth the 3 conditions thereof. 4 (e) The court shall not require as a condition of the 5 sentence of probation or conditional discharge that the 6 offender be committed to a period of imprisonment in excess 7 of 6 months. This 6 month limit shall not include periods of 8 confinement given pursuant to a sentence of county impact 9 incarceration under Section 5-8-1.2. 10 Persons committed to imprisonment as a condition of 11 probation or conditional discharge shall not be committed to 12 the Department of Corrections. 13 (f) The court may combine a sentence of periodic 14 imprisonment under Article 7 or a sentence to a county impact 15 incarceration program under Article 8 with a sentence of 16 probation or conditional discharge. 17 (g) An offender sentenced to probation or to conditional 18 discharge and who during the term of either undergoes 19 mandatory drug or alcohol testing, or both, or is assigned to 20 be placed on an approved electronic monitoring device, shall 21 be ordered to pay all costs incidental to such mandatory drug 22 or alcohol testing, or both, and all costs incidental to such 23 approved electronic monitoring in accordance with the 24 defendant's ability to pay those costs. The county board 25 with the concurrence of the Chief Judge of the judicial 26 circuit in which the county is located shall establish 27 reasonable fees for the cost of maintenance, testing, and 28 incidental expenses related to the mandatory drug or alcohol 29 testing, or both, and all costs incidental to approved 30 electronic monitoring, involved in a successful probation 31 program for the county. The concurrence of the Chief Judge 32 shall be in the form of an administrative order. The fees 33 shall be collected by the clerk of the circuit court. The 34 clerk of the circuit court shall pay all moneys collected SB1065 Enrolled -22- LRB9201493RCcd 1 from these fees to the county treasurer who shall use the 2 moneys collected to defray the costs of drug testing, alcohol 3 testing, and electronic monitoring. The county treasurer 4 shall deposit the fees collected in the county working cash 5 fund under Section 6-27001 or Section 6-29002 of the Counties 6 Code, as the case may be. 7 (h) Jurisdiction over an offender may be transferred 8 from the sentencing court to the court of another circuit 9 with the concurrence of both courts, or to another state 10 under an Interstate Probation Reciprocal Agreement as 11 provided in Section 3-3-11. Further transfers or retransfers 12 of jurisdiction are also authorized in the same manner. The 13 court to which jurisdiction has been transferred shall have 14 the same powers as the sentencing court. 15 (i) The court shall impose upon an offender sentenced to 16 probation after January 1, 1989 or to conditional discharge 17 after January 1, 1992, as a condition of such probation or 18 conditional discharge, a fee of $25 for each month of 19 probation or conditional discharge supervision ordered by the 20 court, unless after determining the inability of the person 21 sentenced to probation or conditional discharge to pay the 22 fee, the court assesses a lesser fee. The court may not 23 impose the fee on a minor who is made a ward of the State 24 under the Juvenile Court Act of 1987 while the minor is in 25 placement. The fee shall be imposed only upon an offender who 26 is actively supervised by the probation and court services 27 department. The fee shall be collected by the clerk of the 28 circuit court. The clerk of the circuit court shall pay all 29 monies collected from this fee to the county treasurer for 30 deposit in the probation and court services fund under 31 Section 15.1 of the Probation and Probation Officers Act. 32 (j) All fines and costs imposed under this Section for 33 any violation of Chapters 3, 4, 6, and 11 of the Illinois 34 Vehicle Code, or a similar provision of a local ordinance, SB1065 Enrolled -23- LRB9201493RCcd 1 and any violation of the Child Passenger Protection Act, or a 2 similar provision of a local ordinance, shall be collected 3 and disbursed by the circuit clerk as provided under Section 4 27.5 of the Clerks of Courts Act. 5 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98; 6 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 91-325, eff. 7 7-29-99; 91-696, eff. 4-13-00; 91-903, eff. 1-1-01.) 8 Section 99. Effective date. This Act takes effect upon 9 becoming law.
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